Illinois General Assembly - Full Text of Public Act 095-0333
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Public Act 095-0333




Public Act 095-0333
SB0338 Enrolled LRB095 06361 BDD 26457 b

    AN ACT concerning revenue.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Income Tax Act is amended by
changing Section 212 as follows:
    (35 ILCS 5/212)
    Sec. 212. Earned income tax credit.
    (a) With respect to the federal earned income tax credit
allowed for the taxable year under Section 32 of the federal
Internal Revenue Code, 26 U.S.C. 32, each individual taxpayer
is entitled to a credit against the tax imposed by subsections
(a) and (b) of Section 201 in an amount equal to 5% of the
federal tax credit for each taxable year beginning on or after
January 1, 2000.
    For a non-resident or part-year resident, the amount of the
credit under this Section shall be in proportion to the amount
of income attributable to this State.
    (b) For taxable years beginning before January 1, 2003, in
no event shall a credit under this Section reduce the
taxpayer's liability to less than zero. For each taxable year
beginning on or after January 1, 2003, if the amount of the
credit exceeds the income tax liability for the applicable tax
year, then the excess credit shall be refunded to the taxpayer.
The amount of a refund shall not be included in the taxpayer's
income or resources for the purposes of determining eligibility
or benefit level in any means-tested benefit program
administered by a governmental entity unless required by
federal law.
    (b-5) Refunds authorized by subsection (b) are subject to
the availability of funds from the federal Temporary Assistance
for Needy Families Block Grant and the State's ability to meet
its required Maintenance of Effort.
    (c) This Section is exempt from the provisions of Section
(Source: P.A. 93-534, eff. 8-18-03; 93-653, eff. 1-8-04.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/21/2007