State of Illinois
92nd General Assembly
Legislation

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92_HB3659

 
                                              LRB9210686SMcdA

 1        AN ACT concerning taxation.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Department  of  Commerce  and  Community
 5    Affairs  Law  of the Civil Administrative Code of Illinois is
 6    amended by adding Section 605-390 as follows:

 7        (20 ILCS 605/605-390 new)
 8        Sec. 605-390.  Business  losses  due  to  terrorism.  The
 9    Department  shall determine whether a business has suffered a
10    loss as  a  result  of  terrorism  that  makes  the  business
11    eligible  for  a tax credit under Section 213 of the Illinois
12    Income Tax Act.  The  Department  shall  provide  application
13    forms  for  business  owners  to apply for a certification of
14    eligibility for the credit. The Department shall determine by
15    rule  what  business  losses  qualify  for  certification  of
16    eligibility for the tax credit.

17        Section 10.  The Illinois Income Tax Act  is  amended  by
18    adding Section 213 as follows:

19        (35 ILCS 5/213 new)
20        Sec.   213.  Tax   credit  for  business  losses  due  to
21    terrorism. For taxable years ending on or after December  31,
22    2001  and  on  or  before December 30, 2006, each taxpayer is
23    entitled to a credit against the tax imposed  by  subsections
24    (a),  (b),  (c),  and  (d) of Section 201 for business losses
25    suffered in the taxable year as a  result  of  terrorism.  As
26    used  in  this  Section,  "terrorism"  means  activities that
27    involve a violent act or acts directed against United  States
28    residents that (i) are dangerous to human life and that would
29    be  a  felony  under  the  laws  of  the State of Illinois if
 
                            -2-               LRB9210686SMcdA
 1    committed within the jurisdiction of the  State  of  Illinois
 2    and  (ii)  are  intended  to  intimidate or coerce a civilian
 3    population,  influence  the  policy  of   a   government   by
 4    intimidation or coercion, or affect the conduct of government
 5    by assassination or kidnapping.
 6        To  be  eligible  for  the  credit  a  taxpayer  must  be
 7    certified   as   having   eligible  business  losses  by  the
 8    Department of Commerce and Community  Affairs.  The  taxpayer
 9    must apply for a certificate of eligibility to the Department
10    of  Commerce and Community Affairs on forms prescribed by the
11    Department of Commerce and Community Affairs. The  Department
12    of  Commerce  and  Community  Affairs shall determine by rule
13    what business losses qualify under this Section.
14        The credit shall be equal to 25% of  the  taxpayer's  tax
15    liability for the taxable year.

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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