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92nd General Assembly

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Public Act 92-0846

SB2212 Enrolled                                LRB9215616SMdv

    AN ACT in relation to taxes.

    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 Sections 201, 202, 203, 209, 502, 506,  601.1,  701,
905, 911, and 1501 as follows:

    (35 ILCS 5/201) (from Ch. 120, par. 2-201)
    Sec. 201.  Tax Imposed.
    (a)  In  general.  A tax measured by net income is hereby
imposed on every individual, corporation,  trust  and  estate
for  each  taxable  year  ending  after  July 31, 1969 on the
privilege of earning or receiving income in or as a  resident
of  this  State.  Such  tax shall be in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
    (b)  Rates.  The tax imposed by subsection  (a)  of  this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
         (1)  In  the case of an individual, trust or estate,
    for taxable years ending prior to July 1, 1989, an amount
    equal to 2 1/2% of the  taxpayer's  net  income  for  the
    taxable year.
         (2)  In  the case of an individual, trust or estate,
    for taxable years beginning prior to  July  1,  1989  and
    ending after June 30, 1989, an amount equal to the sum of
    (i)  2  1/2%  of the taxpayer's net income for the period
    prior to July 1, 1989, as calculated under Section 202.3,
    and (ii) 3% of the taxpayer's net income for  the  period
    after June 30, 1989, as calculated under Section 202.3.
         (3)  In  the case of an individual, trust or estate,
    for taxable years  beginning  after  June  30,  1989,  an
    amount  equal  to 3% of the taxpayer's net income for the
    taxable year.
         (4)  (Blank).
         (5)  (Blank).
         (6)  In the case of a corporation, for taxable years
    ending prior to July 1, 1989, an amount equal  to  4%  of
    the taxpayer's net income for the taxable year.
         (7)  In the case of a corporation, for taxable years
    beginning prior to July 1, 1989 and ending after June 30,
    1989,  an  amount  equal  to  the  sum  of  (i) 4% of the
    taxpayer's net income for the period  prior  to  July  1,
    1989, as calculated under Section 202.3, and (ii) 4.8% of
    the  taxpayer's  net income for the period after June 30,
    1989, as calculated under Section 202.3.
         (8)  In the case of a corporation, for taxable years
    beginning after June 30, 1989, an amount equal to 4.8% of
    the taxpayer's net income for the taxable year.
    (c)  Personal  Property  Tax  Replacement   Income   Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income  tax,  there  is  also  hereby  imposed  the  Personal
Property Tax Replacement Income Tax measured by net income on
every  corporation  (including  Subchapter  S  corporations),
partnership  and  trust,  for  each taxable year ending after
June 30, 1979.  Such taxes are imposed on  the  privilege  of
earning  or  receiving  income  in  or  as a resident of this
State.  The Personal  Property  Tax  Replacement  Income  Tax
shall be in addition to the income tax imposed by subsections
(a)  and  (b)  of  this  Section and in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
    (d)  Additional Personal Property Tax Replacement  Income
Tax  Rates.  The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a  corporation,  other  than  a  Subchapter  S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1,  1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in  the  case  of  a
partnership,  trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
    (d-1)  Rate reduction for certain foreign  insurers.   In
the case of a foreign insurer, as defined by Section 35A-5 of
the  Illinois  Insurance  Code,  whose  state  or  country of
domicile  imposes  on  insurers  domiciled  in   Illinois   a
retaliatory  tax  (excluding  any insurer whose premiums from
reinsurance assumed are 50% or more of  its  total  insurance
premiums  as determined under paragraph (2) of subsection (b)
of  Section  304,  except   that   for   purposes   of   this
determination   premiums  from  reinsurance  do  not  include
premiums  from  inter-affiliate  reinsurance   arrangements),
beginning  with taxable years ending on or after December 31,
1999, the sum of the rates of tax imposed by subsections  (b)
and  (d)  shall be reduced (but not increased) to the rate at
which the total amount of tax imposed under this Act, net  of
all credits allowed under this Act, shall equal (i) the total
amount  of tax that would be imposed on the foreign insurer's
net income allocable to Illinois for the taxable year by such
foreign insurer's state or country of domicile  if  that  net
income were subject to all income taxes and taxes measured by
net income imposed by such foreign insurer's state or country
of  domicile,  net  of  all credits allowed or (ii) a rate of
zero if no such tax is imposed on such income by the  foreign
insurer's  state  of  domicile.  For  the  purposes  of  this
subsection   (d-1),  an  inter-affiliate  includes  a  mutual
insurer under common management.
         (1)  For the purposes of  subsection  (d-1),  in  no
    event  shall  the  sum  of  the  rates  of tax imposed by
    subsections (b) and (d) be  reduced  below  the  rate  at
    which the sum of:
              (A)  the  total  amount  of tax imposed on such
         foreign insurer under this Act for a  taxable  year,
         net of all credits allowed under this Act, plus
              (B)  the  privilege  tax imposed by Section 409
         of the Illinois Insurance Code, the  fire  insurance
         company  tax  imposed  by  Section  12  of  the Fire
         Investigation Act, and  the  fire  department  taxes
         imposed   under  Section  11-10-1  of  the  Illinois
         Municipal Code,
    equals 1.25% of the net taxable premiums written for  the
    taxable  year,  as described by subsection (1) of Section
    409 of the Illinois Insurance Code. This  paragraph  will
    in  no event increase the rates imposed under subsections
    (b) and (d).
         (2)  Any reduction in the rates of  tax  imposed  by
    this  subsection shall be applied first against the rates
    imposed by subsection (b) and only after the tax  imposed
    by  subsection  (a) net of all credits allowed under this
    Section other than the credit  allowed  under  subsection
    (i)  has  been reduced to zero, against the rates imposed
    by subsection (d).
    This subsection (d-1) is exempt from  the  provisions  of
Section 250.
    (e)  Investment  credit.   A  taxpayer shall be allowed a
credit against the Personal Property Tax  Replacement  Income
Tax for investment in qualified property.
         (1)  A  taxpayer  shall be allowed a credit equal to
    .5% of the basis of qualified property placed in  service
    during the taxable year, provided such property is placed
    in  service  on  or  after  July 1, 1984.  There shall be
    allowed an additional credit equal to .5% of the basis of
    qualified property placed in service during  the  taxable
    year,  provided  such property is placed in service on or
    after July 1, 1986, and the  taxpayer's  base  employment
    within  Illinois  has  increased  by  1% or more over the
    preceding year as determined by the taxpayer's employment
    records filed with the Illinois Department of  Employment
    Security.   Taxpayers  who  are  new to Illinois shall be
    deemed to have met the 1% growth in base  employment  for
    the first year in which they file employment records with
    the  Illinois  Department  of  Employment  Security.  The
    provisions added to this Section by  Public  Act  85-1200
    (and restored by Public Act 87-895) shall be construed as
    declaratory  of  existing law and not as a new enactment.
    If, in any year, the increase in base  employment  within
    Illinois  over  the  preceding  year is less than 1%, the
    additional credit shall be  limited  to  that  percentage
    times  a  fraction, the numerator of which is .5% and the
    denominator of which is 1%, but  shall  not  exceed  .5%.
    The  investment credit shall not be allowed to the extent
    that it would reduce a taxpayer's liability  in  any  tax
    year  below  zero,  nor  may  any  credit  for  qualified
    property  be  allowed for any year other than the year in
    which the property was placed in service in Illinois. For
    tax years ending on or after December 31, 1987, and on or
    before December 31, 1988, the credit shall be allowed for
    the tax year in which the property is placed in  service,
    or, if the amount of the credit exceeds the tax liability
    for  that year, whether it exceeds the original liability
    or the liability as later amended,  such  excess  may  be
    carried forward and applied to the tax liability of the 5
    taxable  years  following  the excess credit years if the
    taxpayer (i) makes investments which cause  the  creation
    of  a  minimum  of  2,000  full-time  equivalent  jobs in
    Illinois,  (ii)  is  located  in   an   enterprise   zone
    established  pursuant to the Illinois Enterprise Zone Act
    and (iii) is certified by the Department of Commerce  and
    Community  Affairs  as  complying  with  the requirements
    specified in clause (i) and (ii) by July  1,  1986.   The
    Department of Commerce and Community Affairs shall notify
    the  Department  of  Revenue  of  all such certifications
    immediately. For tax  years  ending  after  December  31,
    1988,  the  credit  shall  be allowed for the tax year in
    which the property is  placed  in  service,  or,  if  the
    amount  of  the credit exceeds the tax liability for that
    year, whether it exceeds the original  liability  or  the
    liability  as  later  amended, such excess may be carried
    forward and applied to the tax liability of the 5 taxable
    years following the excess credit years. The credit shall
    be applied to the earliest year  for  which  there  is  a
    liability. If there is credit from more than one tax year
    that  is  available to offset a liability, earlier credit
    shall be applied first.
         (2)  The term "qualified  property"  means  property
    which:
              (A)  is   tangible,   whether   new   or  used,
         including buildings  and  structural  components  of
         buildings  and signs that are real property, but not
         including land or improvements to real property that
         are not a structural component of a building such as
         landscaping,  sewer  lines,  local   access   roads,
         fencing, parking lots, and other appurtenances;
              (B)  is  depreciable pursuant to Section 167 of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (e);
              (C)  is acquired  by  purchase  as  defined  in
         Section 179(d) of the Internal Revenue Code;
              (D)  is  used  in Illinois by a taxpayer who is
         primarily engaged in  manufacturing,  or  in  mining
         coal or fluorite, or in retailing; and
              (E)  has  not  previously been used in Illinois
         in such a manner and  by  such  a  person  as  would
         qualify  for  the credit provided by this subsection
         (e) or subsection (f).
         (3)  For   purposes   of   this   subsection    (e),
    "manufacturing" means the material staging and production
    of  tangible  personal  property  by  procedures commonly
    regarded as manufacturing,  processing,  fabrication,  or
    assembling  which changes some existing material into new
    shapes, new qualities, or new combinations.  For purposes
    of this subsection (e) the term "mining" shall  have  the
    same  meaning  as  the term "mining" in Section 613(c) of
    the  Internal  Revenue  Code.   For  purposes   of   this
    subsection  (e),  the  term "retailing" means the sale of
    tangible  personal  property  or  services  rendered   in
    conjunction  with  the sale of tangible consumer goods or
    commodities.
         (4)  The basis of qualified property  shall  be  the
    basis  used  to  compute  the  depreciation deduction for
    federal income tax purposes.
         (5)  If the basis of the property for federal income
    tax depreciation purposes is increased after it has  been
    placed in service in Illinois by the taxpayer, the amount
    of  such  increase  shall  be  deemed  property placed in
    service on the date of such increase in basis.
         (6)  The term "placed in  service"  shall  have  the
    same  meaning as under Section 46 of the Internal Revenue
    Code.
         (7)  If during any taxable year, any property ceases
    to be qualified property in the  hands  of  the  taxpayer
    within  48  months  after being placed in service, or the
    situs of any qualified property is moved outside Illinois
    within 48 months  after  being  placed  in  service,  the
    Personal  Property  Tax  Replacement  Income Tax for such
    taxable year shall be increased.  Such increase shall  be
    determined by (i) recomputing the investment credit which
    would  have been allowed for the year in which credit for
    such property was originally allowed by eliminating  such
    property from such computation and, (ii) subtracting such
    recomputed  credit  from  the amount of credit previously
    allowed. For  the  purposes  of  this  paragraph  (7),  a
    reduction  of  the  basis of qualified property resulting
    from a redetermination of the  purchase  price  shall  be
    deemed  a disposition of qualified property to the extent
    of such reduction.
         (8)  Unless the investment  credit  is  extended  by
    law,  the  basis  of qualified property shall not include
    costs incurred after December 31, 2003, except for  costs
    incurred  pursuant  to a binding contract entered into on
    or before December 31, 2003.
         (9)  Each taxable year ending  before  December  31,
    2000,  a  partnership  may  elect  to pass through to its
    partners the credits to which the partnership is entitled
    under this  subsection  (e)  for  the  taxable  year.   A
    partner  may use the credit allocated to him or her under
    this  paragraph  only  against   the   tax   imposed   in
    subsections   (c)  and  (d)  of  this  Section.   If  the
    partnership makes that election, those credits  shall  be
    allocated  among  the  partners  in  the  partnership  in
    accordance  with the rules set forth in Section 704(b) of
    the Internal Revenue  Code,  and  the  rules  promulgated
    under  that  Section,  and  the  allocated  amount of the
    credits shall be allowed to the partners for that taxable
    year.  The partnership shall make this  election  on  its
    Personal  Property  Tax Replacement Income Tax return for
    that taxable year.  The  election  to  pass  through  the
    credits shall be irrevocable.
         For  taxable  years  ending on or after December 31,
    2000, a partner that  qualifies  its  partnership  for  a
    subtraction  under  subparagraph  (I) of paragraph (2) of
    subsection (d) of  Section  203  or  a  shareholder  that
    qualifies  a  Subchapter  S corporation for a subtraction
    under subparagraph (S) of paragraph (2) of subsection (b)
    of Section 203 shall  be  allowed  a  credit  under  this
    subsection  (e)  equal  to its share of the credit earned
    under this subsection (e) during the taxable year by  the
    partnership  or  Subchapter  S corporation, determined in
    accordance  with  the   determination   of   income   and
    distributive  share  of income under Sections 702 and 704
    and Subchapter S of  the  Internal  Revenue  Code.   This
    paragraph is exempt from the provisions of Section 250.
      (f)  Investment credit; Enterprise Zone.
         (1)  A  taxpayer  shall  be allowed a credit against
    the tax imposed  by  subsections  (a)  and  (b)  of  this
    Section  for  investment  in  qualified property which is
    placed in service in an Enterprise Zone created  pursuant
    to  the  Illinois  Enterprise  Zone  Act.   For partners,
    shareholders of Subchapter S corporations, and owners  of
    limited  liability companies, if the liability company is
    treated as a partnership  for  purposes  of  federal  and
    State  income  taxation,  there shall be allowed a credit
    under this subsection (f) to be determined in  accordance
    with  the  determination of income and distributive share
    of income under Sections 702 and 704 and Subchapter S  of
    the  Internal  Revenue  Code.  The credit shall be .5% of
    the  basis  for  such  property.   The  credit  shall  be
    available only in the taxable year in which the  property
    is placed in service in the Enterprise Zone and shall not
    be   allowed  to  the  extent  that  it  would  reduce  a
    taxpayer's liability for the tax imposed  by  subsections
    (a) and (b) of this Section to below zero.  For tax years
    ending on or after December 31, 1985, the credit shall be
    allowed  for the tax year in which the property is placed
    in service, or, if the amount of the credit  exceeds  the
    tax  liability  for  that  year,  whether  it exceeds the
    original liability or the  liability  as  later  amended,
    such excess may be carried forward and applied to the tax
    liability  of  the  5  taxable years following the excess
    credit year.  The credit shall be applied to the earliest
    year for which there is a liability.  If there is  credit
    from more than one tax year that is available to offset a
    liability,  the  credit  accruing  first in time shall be
    applied first.
         (2)  The  term  qualified  property  means  property
    which:
              (A)  is  tangible,   whether   new   or   used,
         including  buildings  and  structural  components of
         buildings;
              (B)  is depreciable pursuant to Section 167  of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (f);
              (C)  is  acquired  by  purchase  as  defined in
         Section 179(d) of the Internal Revenue Code;
              (D)  is used in  the  Enterprise  Zone  by  the
         taxpayer; and
              (E)  has  not  been previously used in Illinois
         in such a manner and  by  such  a  person  as  would
         qualify  for  the credit provided by this subsection
         (f) or subsection (e).
         (3)  The basis of qualified property  shall  be  the
    basis  used  to  compute  the  depreciation deduction for
    federal income tax purposes.
         (4)  If the basis of the property for federal income
    tax depreciation purposes is increased after it has  been
    placed in service in the Enterprise Zone by the taxpayer,
    the  amount  of  such  increase  shall be deemed property
    placed in service on the date of such increase in basis.
         (5)  The term "placed in  service"  shall  have  the
    same  meaning as under Section 46 of the Internal Revenue
    Code.
         (6)  If during any taxable year, any property ceases
    to be qualified property in the  hands  of  the  taxpayer
    within  48  months  after being placed in service, or the
    situs of any qualified  property  is  moved  outside  the
    Enterprise  Zone  within  48 months after being placed in
    service, the tax imposed under subsections (a) and (b) of
    this Section for such taxable year  shall  be  increased.
    Such  increase shall be determined by (i) recomputing the
    investment credit which would have been allowed  for  the
    year  in  which  credit  for such property was originally
    allowed  by   eliminating   such   property   from   such
    computation,  and (ii) subtracting such recomputed credit
    from the amount of credit previously  allowed.   For  the
    purposes  of this paragraph (6), a reduction of the basis
    of qualified property resulting from a redetermination of
    the purchase price  shall  be  deemed  a  disposition  of
    qualified property to the extent of such reduction.
      (g)  Jobs Tax Credit; Enterprise Zone and Foreign Trade
Zone or Sub-Zone.
         (1)  A taxpayer conducting a trade or business in an
    enterprise  zone  or a High Impact Business designated by
    the  Department  of  Commerce   and   Community   Affairs
    conducting  a trade or business in a federally designated
    Foreign Trade Zone or Sub-Zone shall be allowed a  credit
    against  the  tax  imposed  by subsections (a) and (b) of
    this Section in the amount of $500 per eligible  employee
    hired to work in the zone during the taxable year.
         (2)  To qualify for the credit:
              (A)  the  taxpayer must hire 5 or more eligible
         employees to work in an enterprise zone or federally
         designated Foreign Trade Zone or Sub-Zone during the
         taxable year;
              (B)  the taxpayer's total employment within the
         enterprise  zone  or  federally  designated  Foreign
         Trade Zone or Sub-Zone must increase by  5  or  more
         full-time  employees  beyond  the  total employed in
         that zone at the end of the previous  tax  year  for
         which  a  jobs  tax  credit  under  this Section was
         taken, or beyond the total employed by the  taxpayer
         as of December 31, 1985, whichever is later; and
              (C)  the  eligible  employees  must be employed
         180 consecutive days in order to be deemed hired for
         purposes of this subsection.
         (3)  An "eligible employee" means  an  employee  who
    is:
              (A)  Certified  by  the  Department of Commerce
         and Community Affairs  as  "eligible  for  services"
         pursuant  to  regulations  promulgated in accordance
         with Title II of the Job Training  Partnership  Act,
         Training Services for the Disadvantaged or Title III
         of  the Job Training Partnership Act, Employment and
         Training Assistance for Dislocated Workers Program.
              (B)  Hired  after  the   enterprise   zone   or
         federally  designated Foreign Trade Zone or Sub-Zone
         was designated or the trade or business was  located
         in that zone, whichever is later.
              (C)  Employed in the enterprise zone or Foreign
         Trade  Zone  or Sub-Zone. An employee is employed in
         an enterprise zone or federally  designated  Foreign
         Trade  Zone or Sub-Zone if his services are rendered
         there or it  is  the  base  of  operations  for  the
         services performed.
              (D)  A  full-time  employee  working 30 or more
         hours per week.
         (4)  For tax years ending on or after  December  31,
    1985  and prior to December 31, 1988, the credit shall be
    allowed for the tax year in which the eligible  employees
    are hired.  For tax years ending on or after December 31,
    1988,  the  credit  shall  be  allowed  for  the tax year
    immediately following the tax year in which the  eligible
    employees are hired.  If the amount of the credit exceeds
    the  tax  liability for that year, whether it exceeds the
    original liability or the  liability  as  later  amended,
    such excess may be carried forward and applied to the tax
    liability  of  the  5  taxable years following the excess
    credit year.  The credit shall be applied to the earliest
    year for which there is a liability. If there  is  credit
    from more than one tax year that is available to offset a
    liability, earlier credit shall be applied first.
         (5)  The Department of Revenue shall promulgate such
    rules and regulations as may be deemed necessary to carry
    out the purposes of this subsection (g).
         (6)  The  credit  shall  be  available  for eligible
    employees hired on or after January 1, 1986.
         (h)  Investment credit; High Impact Business.
         (1)  Subject to subsections (b) and (b-5) of Section
    5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
    be  allowed  a  credit  against  the   tax   imposed   by
    subsections (a) and (b) of this Section for investment in
    qualified  property  which  is  placed  in  service  by a
    Department of Commerce and Community  Affairs  designated
    High  Impact  Business.   The  credit shall be .5% of the
    basis  for  such  property.   The  credit  shall  not  be
    available (i) until the minimum investments in  qualified
    property  set  forth  in subdivision (a)(3)(A) of Section
    5.5  of  the  Illinois  Enterprise  Zone  Act  have  been
    satisfied or (ii) until the time authorized in subsection
    (b-5) of the Illinois Enterprise Zone  Act  for  entities
    designated  as  High Impact Businesses under subdivisions
    (a)(3)(B), (a)(3)(C), and (a)(3)(D) of Section 5.5 of the
    Illinois Enterprise Zone Act, and shall not be allowed to
    the extent that it would reduce  a  taxpayer's  liability
    for  the  tax  imposed by subsections (a) and (b) of this
    Section to below zero.  The  credit  applicable  to  such
    investments  shall  be taken in the taxable year in which
    such investments have been  completed.   The  credit  for
    additional investments beyond the minimum investment by a
    designated   high   impact   business   authorized  under
    subdivision (a)(3)(A) of  Section  5.5  of  the  Illinois
    Enterprise  Zone  Act  shall  be  available  only  in the
    taxable year in which the property is placed  in  service
    and  shall  not  be  allowed  to the extent that it would
    reduce a taxpayer's liability  for  the  tax  imposed  by
    subsections  (a)  and  (b) of this Section to below zero.
    For tax years ending on or after December 31,  1987,  the
    credit  shall  be  allowed  for the tax year in which the
    property is placed in service, or, if the amount  of  the
    credit  exceeds  the tax liability for that year, whether
    it exceeds the original liability  or  the  liability  as
    later  amended,  such  excess  may be carried forward and
    applied to the tax  liability  of  the  5  taxable  years
    following  the  excess  credit year.  The credit shall be
    applied to  the  earliest  year  for  which  there  is  a
    liability.   If  there  is  credit from more than one tax
    year that is available to offset a liability, the  credit
    accruing first in time shall be applied first.
         Changes  made  in  this subdivision (h)(1) by Public
    Act 88-670 restore changes made by Public Act 85-1182 and
    reflect existing law.
         (2)  The  term  qualified  property  means  property
    which:
              (A)  is  tangible,   whether   new   or   used,
         including  buildings  and  structural  components of
         buildings;
              (B)  is depreciable pursuant to Section 167  of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (h);
              (C)  is  acquired  by  purchase  as  defined in
         Section 179(d) of the Internal Revenue Code; and
              (D)  is not eligible for  the  Enterprise  Zone
         Investment Credit provided by subsection (f) of this
         Section.
         (3)  The  basis  of  qualified property shall be the
    basis used to  compute  the  depreciation  deduction  for
    federal income tax purposes.
         (4)  If the basis of the property for federal income
    tax  depreciation purposes is increased after it has been
    placed in service in a federally designated Foreign Trade
    Zone or Sub-Zone located in Illinois by the taxpayer, the
    amount of such increase shall be deemed  property  placed
    in service on the date of such increase in basis.
         (5)  The  term  "placed  in  service" shall have the
    same meaning as under Section 46 of the Internal  Revenue
    Code.
         (6)  If  during any taxable year ending on or before
    December 31, 1996, any property ceases  to  be  qualified
    property  in  the  hands of the taxpayer within 48 months
    after being placed  in  service,  or  the  situs  of  any
    qualified  property  is  moved outside Illinois within 48
    months after being placed in  service,  the  tax  imposed
    under  subsections  (a)  and (b) of this Section for such
    taxable year shall be increased.  Such increase shall  be
    determined by (i) recomputing the investment credit which
    would  have been allowed for the year in which credit for
    such property was originally allowed by eliminating  such
    property from such computation, and (ii) subtracting such
    recomputed  credit  from  the amount of credit previously
    allowed.  For the  purposes  of  this  paragraph  (6),  a
    reduction  of  the  basis of qualified property resulting
    from a redetermination of the  purchase  price  shall  be
    deemed  a disposition of qualified property to the extent
    of such reduction.
         (7)  Beginning with tax years ending after  December
    31,  1996,  if  a taxpayer qualifies for the credit under
    this  subsection  (h)  and  thereby  is  granted  a   tax
    abatement  and the taxpayer relocates its entire facility
    in violation of the explicit  terms  and  length  of  the
    contract  under  Section 18-183 of the Property Tax Code,
    the tax imposed under subsections (a)  and  (b)  of  this
    Section  shall be increased for the taxable year in which
    the taxpayer relocated its facility by an amount equal to
    the amount of credit received by the taxpayer under  this
    subsection (h).
    (i)  Credit  for Personal Property Tax Replacement Income
Tax.  A credit shall be allowed against the  tax  imposed  by
subsections  (a)  and (b) of this Section for the tax imposed
by subsections (c) and (d)  of  this  Section.   This  credit
shall   be   computed  by  multiplying  the  tax  imposed  by
subsections (c) and (d) of this Section by  a  fraction,  the
numerator  of  which is base income allocable to Illinois and
the denominator of which is Illinois base income, and further
multiplying  the  product  by  the  tax   rate   imposed   by
subsections (a) and (b) of this Section.
    Any  credit  earned  on  or after December 31, 1986 under
this subsection which is unused in the  year  the  credit  is
computed  because  it  exceeds  the  tax liability imposed by
subsections (a) and (b) for that year (whether it exceeds the
original liability or the liability as later amended) may  be
carried  forward  and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following  the
excess  credit  year.   This credit shall be applied first to
the earliest year for which there is a liability.   If  there
is a credit under this subsection from more than one tax year
that  is  available to offset a liability the earliest credit
arising under this subsection shall be applied first.
    If, during any taxable year ending on or  after  December
31,  1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under  this
subsection  (i) is reduced, the amount of credit for such tax
shall also be reduced.  Such reduction shall be determined by
recomputing the credit to take into account the  reduced  tax
imposed  by  subsections  subsection  (c)  and  (d).   If any
portion of the reduced amount of credit has been carried to a
different taxable year, an amended return shall be filed  for
such taxable year to reduce the amount of credit claimed.
    (j)  Training  expense  credit.  Beginning with tax years
ending on or after December 31, 1986,  a  taxpayer  shall  be
allowed  a  credit  against  the  tax  imposed by subsections
subsection (a) and (b) under this  Section  for  all  amounts
paid  or  accrued,  on  behalf of all persons employed by the
taxpayer in Illinois or Illinois residents  employed  outside
of  Illinois  by  a  taxpayer,  for educational or vocational
training   in   semi-technical   or   technical   fields   or
semi-skilled or skilled  fields,  which  were  deducted  from
gross  income  in  the  computation  of  taxable income.  The
credit against the tax imposed by  subsections  (a)  and  (b)
shall  be  1.6%  of  such  training  expenses.  For partners,
shareholders of subchapter  S  corporations,  and  owners  of
limited  liability  companies,  if  the  liability company is
treated as a partnership for purposes of  federal  and  State
income  taxation,  there shall be allowed a credit under this
subsection (j)  to  be  determined  in  accordance  with  the
determination  of  income  and  distributive  share of income
under Sections 702 and 704 and subchapter S of  the  Internal
Revenue Code.
    Any  credit allowed under this subsection which is unused
in the year the credit is earned may be  carried  forward  to
each  of the 5 taxable years following the year for which the
credit is first computed until it is used.  This credit shall
be applied first to the earliest year for which  there  is  a
liability.   If  there is a credit under this subsection from
more than  one  tax  year  that  is  available  to  offset  a
liability  the  earliest credit arising under this subsection
shall be applied first.
    (k)  Research and development credit.
    Beginning with tax years ending after  July  1,  1990,  a
taxpayer shall be allowed a credit against the tax imposed by
subsections  (a)  and  (b)  of  this  Section  for increasing
research  activities  in  this  State.   The  credit  allowed
against the tax imposed by subsections (a) and (b)  shall  be
equal to 6 1/2% of the qualifying expenditures for increasing
research   activities   in   this   State.    For   partners,
shareholders  of  subchapter  S  corporations,  and owners of
limited liability companies,  if  the  liability  company  is
treated  as  a  partnership for purposes of federal and State
income taxation, there shall be allowed a credit  under  this
subsection   to   be   determined   in  accordance  with  the
determination of income  and  distributive  share  of  income
under  Sections  702 and 704 and subchapter S of the Internal
Revenue Code.
    For   purposes   of    this    subsection,    "qualifying
expenditures"  means  the  qualifying expenditures as defined
for the federal credit  for  increasing  research  activities
which  would  be  allowable  under Section 41 of the Internal
Revenue  Code  and  which  are  conducted  in   this   State,
"qualifying  expenditures  for increasing research activities
in this State" means the excess  of  qualifying  expenditures
for  the  taxable  year  in  which  incurred  over qualifying
expenditures for the base  period,  "qualifying  expenditures
for  the  base  period"  means  the average of the qualifying
expenditures for each year in  the  base  period,  and  "base
period"  means  the 3 taxable years immediately preceding the
taxable year for which the determination is being made.
    Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its  final  completed  return  carried
over  as a credit against the tax liability for the following
5 taxable years or until it has been  fully  used,  whichever
occurs first.
    If  an  unused  credit is carried forward to a given year
from 2 or more earlier years,  that  credit  arising  in  the
earliest year will be applied first against the tax liability
for  the  given  year.  If a tax liability for the given year
still remains, the credit from the next  earliest  year  will
then  be applied, and so on, until all credits have been used
or  no  tax  liability  for  the  given  year  remains.   Any
remaining unused credit  or  credits  then  will  be  carried
forward  to  the next following year in which a tax liability
is incurred, except that no credit can be carried forward  to
a year which is more than 5 years after the year in which the
expense for which the credit is given was incurred.
    Unless  extended  by  law,  the  credit shall not include
costs incurred after December  31,  2004,  except  for  costs
incurred  pursuant  to  a binding contract entered into on or
before December 31, 2004.
    No inference shall be drawn from this amendatory  Act  of
the  91st  General  Assembly  in  construing this Section for
taxable years beginning before January 1, 1999.
    (l)  Environmental Remediation Tax Credit.
         (i)  For tax  years ending after December  31,  1997
    and  on  or before December 31, 2001, a taxpayer shall be
    allowed a credit against the tax imposed  by  subsections
    (a)  and (b) of this Section for certain amounts paid for
    unreimbursed eligible remediation costs, as specified  in
    this   subsection.      For  purposes  of  this  Section,
    "unreimbursed eligible  remediation  costs"  means  costs
    approved  by the Illinois Environmental Protection Agency
    ("Agency")  under  Section  58.14  of  the  Environmental
    Protection Act that were paid in performing environmental
    remediation at a site for which a No Further  Remediation
    Letter  was  issued  by  the  Agency  and  recorded under
    Section 58.10 of the Environmental Protection  Act.   The
    credit  must  be  claimed  for  the taxable year in which
    Agency approval of  the  eligible  remediation  costs  is
    granted.   The credit is not available to any taxpayer if
    the taxpayer or any related party caused  or  contributed
    to,  in  any  material  respect,  a  release of regulated
    substances on, in, or under the site that was  identified
    and addressed by the remedial action pursuant to the Site
    Remediation  Program of the Environmental Protection Act.
    After the  Pollution  Control  Board  rules  are  adopted
    pursuant to the Illinois Administrative Procedure Act for
    the administration and enforcement of Section 58.9 of the
    Environmental Protection Act, determinations as to credit
    availability  for  purposes of this Section shall be made
    consistent  with  those  rules.   For  purposes  of  this
    Section,  "taxpayer"  includes   a   person   whose   tax
    attributes  the  taxpayer  has succeeded to under Section
    381 of the Internal  Revenue  Code  and  "related  party"
    includes the persons disallowed a deduction for losses by
    paragraphs  (b),  (c),  and  (f)(1) of Section 267 of the
    Internal Revenue  Code  by  virtue  of  being  a  related
    taxpayer,  as  well  as  any of its partners.  The credit
    allowed against the tax imposed by  subsections  (a)  and
    (b)  shall  be  equal to 25% of the unreimbursed eligible
    remediation costs in excess of $100,000 per site,  except
    that  the  $100,000 threshold shall not apply to any site
    contained in an enterprise  zone  as  determined  by  the
    Department  of Commerce and Community Affairs.  The total
    credit allowed shall not exceed $40,000 per year  with  a
    maximum  total  of  $150,000  per site.  For partners and
    shareholders of subchapter S corporations, there shall be
    allowed a credit under this subsection to  be  determined
    in  accordance  with  the  determination  of  income  and
    distributive  share  of income under Sections 702 and 704
    and subchapter S of the Internal Revenue Code.
         (ii)  A credit allowed under this subsection that is
    unused in the year the credit is earned  may  be  carried
    forward to each of the 5 taxable years following the year
    for  which  the  credit is first earned until it is used.
    The term "unused credit" does not include any amounts  of
    unreimbursed  eligible remediation costs in excess of the
    maximum credit per site authorized under  paragraph  (i).
    This  credit  shall be applied first to the earliest year
    for which there is a liability.  If  there  is  a  credit
    under this subsection from more than one tax year that is
    available  to  offset  a  liability,  the earliest credit
    arising under this subsection shall be applied first.   A
    credit  allowed  under  this  subsection may be sold to a
    buyer as part of a sale of all or part of the remediation
    site for which the credit was granted.  The purchaser  of
    a  remediation  site  and the tax credit shall succeed to
    the unused credit and remaining carry-forward  period  of
    the  seller.  To perfect the transfer, the assignor shall
    record the transfer in the chain of title  for  the  site
    and  provide  written  notice  to  the  Director  of  the
    Illinois  Department  of Revenue of the assignor's intent
    to sell the remediation site and the amount  of  the  tax
    credit to be transferred as a portion of the sale.  In no
    event  may a credit be transferred to any taxpayer if the
    taxpayer or a related party would not be  eligible  under
    the provisions of subsection (i).
         (iii)  For purposes of this Section, the term "site"
    shall  have the same meaning as under Section 58.2 of the
    Environmental Protection Act.
    (m)  Education expense credit.
    Beginning with tax years ending after December 31,  1999,
a  taxpayer  who  is  the custodian of one or more qualifying
pupils shall be allowed a credit against the tax  imposed  by
subsections  (a)  and  (b)  of  this  Section  for  qualified
education  expenses  incurred  on  behalf  of  the qualifying
pupils.  The credit  shall  be  equal  to  25%  of  qualified
education  expenses,  but  in  no  event may the total credit
under this subsection Section claimed by a family that is the
custodian of qualifying pupils  exceed  $500.   In  no  event
shall  a  credit  under this subsection reduce the taxpayer's
liability under this Act to less than zero.  This  subsection
is exempt from the provisions of Section 250 of this Act.
    For purposes of this subsection:;
    "Qualifying   pupils"   means  individuals  who  (i)  are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year  for  which  a  credit  is
sought,  and  (iii) during the school year for which a credit
is sought were full-time pupils enrolled  in  a  kindergarten
through  twelfth  grade  education  program at any school, as
defined in this subsection.
    "Qualified education expense" means the  amount  incurred
on  behalf  of  a  qualifying  pupil  in  excess  of $250 for
tuition, book fees, and lab fees at the school in  which  the
pupil is enrolled during the regular school year.
    "School"  means  any  public  or  nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and  attendance  at  which
satisfies  the  requirements  of  Section  26-1 of the School
Code, except that nothing shall be  construed  to  require  a
child  to attend any particular public or nonpublic school to
qualify for the credit under this Section.
    "Custodian" means, with respect to qualifying pupils,  an
Illinois  resident  who  is  a  parent,  the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(Source:  P.A.  91-9,  eff.  1-1-00;  91-357,  eff.  7-29-99;
91-643, eff. 8-20-99;  91-644,  eff.  8-20-99;  91-860,  eff.
6-22-00; 91-913, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff.
6-28-01; revised 12-3-01.)

    (35 ILCS 5/202) (from Ch. 120, par. 2-202)
    Sec. 202. Net Income Defined. In general. For purposes of
this Act, a taxpayer's net income for a taxable year shall be
that  portion  of  his base income for such year except money
and other benefits, other than salary, received by  a  driver
in  a ridesharing arrangement using a motor vehicle, which is
allocable to this State under the provisions  of  Article  3,
less  the  standard  exemption allowed by Section 204 and the
deduction allowed by Section 207.
(Source: P.A. 85-731.)

    (35 ILCS 5/203) (from Ch. 120, par. 2-203)
    Sec. 203.  Base income defined.
    (a)  Individuals.
         (1)  In general.  In the case of an individual, base
    income means an amount equal to the  taxpayer's  adjusted
    gross   income  for  the  taxable  year  as  modified  by
    paragraph (2).
         (2)  Modifications.   The  adjusted   gross   income
    referred  to in paragraph (1) shall be modified by adding
    thereto the sum of the following amounts:
              (A)  An amount equal to  all  amounts  paid  or
         accrued  to  the  taxpayer  as interest or dividends
         during the taxable year to the extent excluded  from
         gross  income  in  the computation of adjusted gross
         income, except stock dividends of  qualified  public
         utilities   described   in  Section  305(e)  of  the
         Internal Revenue Code;
              (B)  An amount  equal  to  the  amount  of  tax
         imposed  by  this  Act  to  the extent deducted from
         gross income in the computation  of  adjusted  gross
         income for the taxable year;
              (C)  An  amount  equal  to  the amount received
         during the taxable year as a recovery or  refund  of
         real   property  taxes  paid  with  respect  to  the
         taxpayer's principal residence under the Revenue Act
         of 1939 and for which  a  deduction  was  previously
         taken  under  subparagraph (L) of this paragraph (2)
         prior to July 1, 1991, the retrospective application
         date of Article 4 of Public Act 87-17.  In the  case
         of  multi-unit  or  multi-use  structures  and  farm
         dwellings,  the  taxes  on  the taxpayer's principal
         residence shall be that portion of the  total  taxes
         for  the  entire  property  which is attributable to
         such principal residence;
              (D)  An amount  equal  to  the  amount  of  the
         capital  gain deduction allowable under the Internal
         Revenue Code, to  the  extent  deducted  from  gross
         income in the computation of adjusted gross income;
              (D-5)  An amount, to the extent not included in
         adjusted  gross income, equal to the amount of money
         withdrawn by the taxpayer in the taxable year from a
         medical care savings account and the interest earned
         on the account in the taxable year of  a  withdrawal
         pursuant  to  subsection  (b)  of  Section 20 of the
         Medical Care Savings Account Act or  subsection  (b)
         of  Section  20  of the Medical Care Savings Account
         Act of 2000; and
              (D-10)  For taxable years ending after December
         31,  1997,  an  amount   equal   to   any   eligible
         remediation  costs  that  the individual deducted in
         computing adjusted gross income and  for  which  the
         individual  claims  a credit under subsection (l) of
         Section 201;
    and by deducting from the total so obtained  the  sum  of
    the following amounts:
              (E)  For  taxable  years ending before December
         31, 2001, any  amount  included  in  such  total  in
         respect  of  any  compensation  (including  but  not
         limited  to  any  compensation  paid or accrued to a
         serviceman while a prisoner of  war  or  missing  in
         action)  paid  to  a  resident by reason of being on
         active duty in the Armed Forces of the United States
         and in respect of any compensation paid  or  accrued
         to  a  resident who as a governmental employee was a
         prisoner of war or missing in action, and in respect
         of any compensation paid to a resident  in  1971  or
         thereafter for annual training performed pursuant to
         Sections  502  and 503, Title 32, United States Code
         as a member of  the  Illinois  National  Guard.  For
         taxable  years ending on or after December 31, 2001,
         any amount included in such total in respect of  any
         compensation  (including  but  not  limited  to  any
         compensation paid or accrued to a serviceman while a
         prisoner  of  war  or  missing  in action) paid to a
         resident  by  reason  of  being  a  member  of   any
         component  of  the Armed Forces of the United States
         and in respect of any compensation paid  or  accrued
         to  a  resident who as a governmental employee was a
         prisoner of war or missing in action, and in respect
         of any compensation paid to a resident  in  2001  or
         thereafter  by  reason  of  being  a  member  of the
         Illinois National  Guard.  The  provisions  of  this
         amendatory  Act  of  the  92nd  General Assembly are
         exempt from the provisions of Section 250;
              (F)  An amount equal to all amounts included in
         such total pursuant to the  provisions  of  Sections
         402(a),  402(c), 403(a), 403(b), 406(a), 407(a), and
         408 of the Internal Revenue  Code,  or  included  in
         such  total as distributions under the provisions of
         any retirement or disability plan for  employees  of
         any  governmental  agency  or  unit,  or  retirement
         payments  to  retired  partners,  which payments are
         excluded  in  computing  net  earnings   from   self
         employment  by  Section 1402 of the Internal Revenue
         Code and regulations adopted pursuant thereto;
              (G)  The valuation limitation amount;
              (H)  An amount equal to the amount of  any  tax
         imposed  by  this  Act  which  was  refunded  to the
         taxpayer and included in such total for the  taxable
         year;
              (I)  An amount equal to all amounts included in
         such total pursuant to the provisions of Section 111
         of  the Internal Revenue Code as a recovery of items
         previously deducted from adjusted  gross  income  in
         the computation of taxable income;
              (J)  An   amount   equal   to  those  dividends
         included  in  such  total  which  were  paid  by   a
         corporation which conducts business operations in an
         Enterprise  Zone or zones created under the Illinois
         Enterprise Zone Act, and conducts substantially  all
         of its operations in an Enterprise Zone or zones;
              (K)  An   amount   equal   to  those  dividends
         included  in  such  total  that  were  paid   by   a
         corporation  that  conducts business operations in a
         federally designated Foreign Trade Zone or  Sub-Zone
         and  that  is  designated  a  High  Impact  Business
         located   in   Illinois;   provided  that  dividends
         eligible for the deduction provided in  subparagraph
         (J) of paragraph (2) of this subsection shall not be
         eligible  for  the  deduction  provided  under  this
         subparagraph (K);
              (L)  For  taxable  years  ending after December
         31, 1983, an amount equal  to  all  social  security
         benefits  and  railroad retirement benefits included
         in such total pursuant to Sections 72(r) and  86  of
         the Internal Revenue Code;
              (M)  With   the   exception   of   any  amounts
         subtracted under subparagraph (N), an  amount  equal
         to  the  sum of all amounts disallowed as deductions
         by (i)  Sections  171(a)  (2),  and  265(2)  of  the
         Internal  Revenue  Code of 1954, as now or hereafter
         amended, and all amounts of  expenses  allocable  to
         interest  and   disallowed  as deductions by Section
         265(1) of the Internal Revenue Code of 1954, as  now
         or  hereafter  amended;  and  (ii) for taxable years
         ending  on  or  after  August  13,  1999,   Sections
         171(a)(2),  265,  280C,  and  832(b)(5)(B)(i) of the
         Internal  Revenue  Code;  the  provisions  of   this
         subparagraph  are  exempt  from  the  provisions  of
         Section 250;
              (N)  An amount equal to all amounts included in
         such  total  which  are exempt from taxation by this
         State  either  by  reason   of   its   statutes   or
         Constitution  or  by  reason  of  the  Constitution,
         treaties  or statutes of the United States; provided
         that, in the case of any statute of this State  that
         exempts   income   derived   from   bonds  or  other
         obligations from the tax imposed under this Act, the
         amount exempted shall be the interest  net  of  bond
         premium amortization;
              (O)  An  amount  equal to any contribution made
         to a job training project  established  pursuant  to
         the Tax Increment Allocation Redevelopment Act;
              (P)  An  amount  equal  to  the  amount  of the
         deduction used to compute  the  federal  income  tax
         credit  for  restoration of substantial amounts held
         under claim of right for the taxable  year  pursuant
         to  Section  1341  of  the  Internal Revenue Code of
         1986;
              (Q)  An amount equal to any amounts included in
         such  total,  received  by  the   taxpayer   as   an
         acceleration  in  the  payment of life, endowment or
         annuity benefits in advance of the time  they  would
         otherwise  be payable as an indemnity for a terminal
         illness;
              (R)  An amount  equal  to  the  amount  of  any
         federal  or  State  bonus  paid  to  veterans of the
         Persian Gulf War;
              (S)  An  amount,  to  the  extent  included  in
         adjusted gross income, equal  to  the  amount  of  a
         contribution  made  in the taxable year on behalf of
         the taxpayer  to  a  medical  care  savings  account
         established  under  the Medical Care Savings Account
         Act or the Medical Care Savings Account Act of  2000
         to  the  extent  the contribution is accepted by the
         account administrator as provided in that Act;
              (T)  An  amount,  to  the  extent  included  in
         adjusted  gross  income,  equal  to  the  amount  of
         interest earned in the taxable  year  on  a  medical
         care  savings  account established under the Medical
         Care Savings Account Act or the Medical Care Savings
         Account Act of 2000 on behalf of the taxpayer, other
         than interest added pursuant to item (D-5)  of  this
         paragraph (2);
              (U)  For one taxable year beginning on or after
         January 1, 1994, an amount equal to the total amount
         of  tax  imposed  and paid under subsections (a) and
         (b) of Section 201 of  this  Act  on  grant  amounts
         received  by  the  taxpayer  under  the Nursing Home
         Grant Assistance Act during the  taxpayer's  taxable
         years 1992 and 1993;
              (V)  Beginning  with  tax  years  ending  on or
         after December 31, 1995 and ending  with  tax  years
         ending  on  or  before  December 31, 2004, an amount
         equal to the amount paid by  a  taxpayer  who  is  a
         self-employed  taxpayer, a partner of a partnership,
         or a shareholder in a Subchapter S  corporation  for
         health  insurance  or  long-term  care insurance for
         that  taxpayer  or   that   taxpayer's   spouse   or
         dependents,  to  the extent that the amount paid for
         that health insurance or  long-term  care  insurance
         may  be  deducted  under Section 213 of the Internal
         Revenue Code of 1986, has not been deducted  on  the
         federal  income tax return of the taxpayer, and does
         not exceed the taxable income attributable  to  that
         taxpayer's   income,   self-employment   income,  or
         Subchapter S  corporation  income;  except  that  no
         deduction  shall  be  allowed under this item (V) if
         the taxpayer  is  eligible  to  participate  in  any
         health insurance or long-term care insurance plan of
         an  employer  of  the  taxpayer  or  the  taxpayer's
         spouse.   The  amount  of  the  health insurance and
         long-term care insurance subtracted under this  item
         (V)  shall be determined by multiplying total health
         insurance and long-term care insurance premiums paid
         by the taxpayer times a number that  represents  the
         fractional  percentage  of eligible medical expenses
         under Section 213 of the Internal  Revenue  Code  of
         1986 not actually deducted on the taxpayer's federal
         income tax return;
              (W)  For  taxable  years  beginning on or after
         January  1,  1998,  all  amounts  included  in   the
         taxpayer's  federal gross income in the taxable year
         from amounts converted from a regular IRA to a  Roth
         IRA. This paragraph is exempt from the provisions of
         Section 250;
              (X)  For  taxable  year 1999 and thereafter, an
         amount equal to the amount of any (i) distributions,
         to the extent includible in gross income for federal
         income tax purposes, made to the taxpayer because of
         his or her status as a  victim  of  persecution  for
         racial  or  religious reasons by Nazi Germany or any
         other Axis regime or as an heir of  the  victim  and
         (ii)  items  of  income, to the extent includible in
         gross  income  for  federal  income  tax   purposes,
         attributable  to, derived from or in any way related
         to assets stolen from,  hidden  from,  or  otherwise
         lost  to  a  victim  of  persecution  for  racial or
         religious reasons by Nazi Germany or any other  Axis
         regime immediately prior to, during, and immediately
         after  World  War II, including, but not limited to,
         interest on the  proceeds  receivable  as  insurance
         under policies issued to a victim of persecution for
         racial  or  religious reasons by Nazi Germany or any
         other Axis regime by  European  insurance  companies
         immediately  prior  to  and  during  World  War  II;
         provided,  however,  this  subtraction  from federal
         adjusted gross  income  does  not  apply  to  assets
         acquired  with such assets or with the proceeds from
         the sale of such  assets;  provided,  further,  this
         paragraph shall only apply to a taxpayer who was the
         first  recipient of such assets after their recovery
         and who is a victim of  persecution  for  racial  or
         religious  reasons by Nazi Germany or any other Axis
         regime or as an heir of the victim.  The  amount  of
         and  the  eligibility  for  any  public  assistance,
         benefit,  or  similar entitlement is not affected by
         the  inclusion  of  items  (i)  and  (ii)  of   this
         paragraph  in  gross  income  for federal income tax
         purposes.  This  paragraph  is   exempt   from   the
         provisions of Section 250; and
              (Y)  For  taxable  years  beginning on or after
         January 1, 2002, moneys contributed in  the  taxable
         year to a College Savings Pool account under Section
         16.5  of the State Treasurer Act.  This subparagraph
         (Y) is exempt from the provisions  of  Section  250;
         and
              (Z)  Any  amount  included  in  adjusted  gross
         income, other than salary, received by a driver in a
         ridesharing arrangement using a motor vehicle.

    (b)  Corporations.
         (1)  In general.  In the case of a corporation, base
    income  means  an  amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
         (2)  Modifications.  The taxable income referred  to
    in  paragraph (1) shall be modified by adding thereto the
    sum of the following amounts:
              (A)  An amount equal to  all  amounts  paid  or
         accrued   to   the  taxpayer  as  interest  and  all
         distributions  received  from  regulated  investment
         companies during the  taxable  year  to  the  extent
         excluded  from  gross  income  in the computation of
         taxable income;
              (B)  An amount  equal  to  the  amount  of  tax
         imposed  by  this  Act  to  the extent deducted from
         gross income in the computation  of  taxable  income
         for the taxable year;
              (C)  In  the  case  of  a  regulated investment
         company, an amount equal to the excess  of  (i)  the
         net  long-term  capital  gain  for the taxable year,
         over (ii) the amount of the capital  gain  dividends
         designated   as  such  in  accordance  with  Section
         852(b)(3)(C) of the Internal Revenue  Code  and  any
         amount  designated under Section 852(b)(3)(D) of the
         Internal Revenue Code, attributable to  the  taxable
         year (this amendatory Act of 1995 (Public Act 89-89)
         is  declarative  of  existing  law  and is not a new
         enactment);
              (D)  The  amount  of  any  net  operating  loss
         deduction taken in arriving at taxable income, other
         than a net operating loss  carried  forward  from  a
         taxable year ending prior to December 31, 1986;
              (E)  For taxable years in which a net operating
         loss  carryback  or carryforward from a taxable year
         ending prior to December 31, 1986 is an  element  of
         taxable income under paragraph (1) of subsection (e)
         or  subparagraph  (E) of paragraph (2) of subsection
         (e), the  amount  by  which  addition  modifications
         other  than  those provided by this subparagraph (E)
         exceeded subtraction modifications in  such  earlier
         taxable year, with the following limitations applied
         in the order that they are listed:
                   (i)  the addition modification relating to
              the  net operating loss carried back or forward
              to the  taxable  year  from  any  taxable  year
              ending  prior  to  December  31,  1986 shall be
              reduced by the amount of addition  modification
              under  this  subparagraph  (E) which related to
              that net operating loss  and  which  was  taken
              into  account in calculating the base income of
              an earlier taxable year, and
                   (ii)  the addition  modification  relating
              to  the  net  operating  loss  carried  back or
              forward to the taxable year  from  any  taxable
              year  ending  prior  to December 31, 1986 shall
              not exceed the  amount  of  such  carryback  or
              carryforward;
              For  taxable  years  in  which  there  is a net
         operating loss carryback or carryforward  from  more
         than one other taxable year ending prior to December
         31, 1986, the addition modification provided in this
         subparagraph  (E)  shall  be  the sum of the amounts
         computed   independently   under    the    preceding
         provisions  of  this  subparagraph (E) for each such
         taxable year; and
              (E-5)  For taxable years ending after  December
         31,   1997,   an   amount   equal  to  any  eligible
         remediation costs that the corporation  deducted  in
         computing  adjusted  gross  income and for which the
         corporation claims a credit under subsection (l)  of
         Section 201;
    and  by  deducting  from the total so obtained the sum of
    the following amounts:
              (F)  An amount equal to the amount of  any  tax
         imposed  by  this  Act  which  was  refunded  to the
         taxpayer and included in such total for the  taxable
         year;
              (G)  An  amount equal to any amount included in
         such total under Section 78 of the Internal  Revenue
         Code;
              (H)  In  the  case  of  a  regulated investment
         company, an amount equal to  the  amount  of  exempt
         interest  dividends as defined in subsection (b) (5)
         of Section 852 of the Internal Revenue Code, paid to
         shareholders for the taxable year;
              (I)  With  the   exception   of   any   amounts
         subtracted  under  subparagraph (J), an amount equal
         to the sum of all amounts disallowed  as  deductions
         by  (i)  Sections  171(a)  (2),  and  265(a)(2)  and
         amounts  disallowed  as  interest expense by Section
         291(a)(3) of the Internal Revenue Code,  as  now  or
         hereafter  amended,  and  all  amounts  of  expenses
         allocable  to  interest and disallowed as deductions
         by Section 265(a)(1) of the Internal  Revenue  Code,
         as  now  or  hereafter amended; and (ii) for taxable
         years ending on or after August 13,  1999,  Sections
         171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i)
         of the Internal Revenue Code; the provisions of this
         subparagraph  are  exempt  from  the  provisions  of
         Section 250;
              (J)  An amount equal to all amounts included in
         such  total  which  are exempt from taxation by this
         State  either  by  reason   of   its   statutes   or
         Constitution  or  by  reason  of  the  Constitution,
         treaties  or statutes of the United States; provided
         that, in the case of any statute of this State  that
         exempts   income   derived   from   bonds  or  other
         obligations from the tax imposed under this Act, the
         amount exempted shall be the interest  net  of  bond
         premium amortization;
              (K)  An   amount   equal   to  those  dividends
         included  in  such  total  which  were  paid  by   a
         corporation which conducts business operations in an
         Enterprise  Zone or zones created under the Illinois
         Enterprise Zone Act and conducts  substantially  all
         of its operations in an Enterprise Zone or zones;
              (L)  An   amount   equal   to  those  dividends
         included  in  such  total  that  were  paid   by   a
         corporation  that  conducts business operations in a
         federally designated Foreign Trade Zone or  Sub-Zone
         and  that  is  designated  a  High  Impact  Business
         located   in   Illinois;   provided  that  dividends
         eligible for the deduction provided in  subparagraph
         (K)  of  paragraph 2 of this subsection shall not be
         eligible  for  the  deduction  provided  under  this
         subparagraph (L);
              (M)  For  any  taxpayer  that  is  a  financial
         organization within the meaning of Section 304(c) of
         this Act,  an  amount  included  in  such  total  as
         interest  income  from  a loan or loans made by such
         taxpayer to a borrower, to the extent  that  such  a
         loan  is  secured  by property which is eligible for
         the Enterprise Zone Investment Credit.  To determine
         the portion of a loan or loans that  is  secured  by
         property  eligible  for  a Section 201(f) investment
         credit to the borrower, the entire principal  amount
         of  the  loan  or loans between the taxpayer and the
         borrower should be divided into  the  basis  of  the
         Section  201(f)  investment  credit  property  which
         secures  the  loan  or loans, using for this purpose
         the original basis of such property on the date that
         it was placed in service  in  the  Enterprise  Zone.
         The  subtraction  modification available to taxpayer
         in any year under  this  subsection  shall  be  that
         portion  of  the total interest paid by the borrower
         with  respect  to  such  loan  attributable  to  the
         eligible property as calculated under  the  previous
         sentence;
              (M-1)  For  any  taxpayer  that  is a financial
         organization within the meaning of Section 304(c) of
         this Act,  an  amount  included  in  such  total  as
         interest  income  from  a loan or loans made by such
         taxpayer to a borrower, to the extent  that  such  a
         loan  is  secured  by property which is eligible for
         the High  Impact  Business  Investment  Credit.   To
         determine  the  portion  of  a loan or loans that is
         secured by property eligible for  a  Section  201(h)
         investment   credit  to  the  borrower,  the  entire
         principal amount of the loan or  loans  between  the
         taxpayer and the borrower should be divided into the
         basis   of  the  Section  201(h)  investment  credit
         property which secures the loan or loans, using  for
         this  purpose the original basis of such property on
         the  date  that  it  was  placed  in  service  in  a
         federally designated Foreign Trade Zone or  Sub-Zone
         located  in  Illinois.  No taxpayer that is eligible
         for the deduction provided in  subparagraph  (M)  of
         paragraph  (2)  of this subsection shall be eligible
         for the deduction provided under  this  subparagraph
         (M-1).   The  subtraction  modification available to
         taxpayers in any year under this subsection shall be
         that portion of  the  total  interest  paid  by  the
         borrower  with  respect to such loan attributable to
         the  eligible  property  as  calculated  under   the
         previous sentence;
              (N)  Two times any contribution made during the
         taxable  year  to  a designated zone organization to
         the extent that the contribution (i) qualifies as  a
         charitable  contribution  under  subsection  (c)  of
         Section  170  of  the Internal Revenue Code and (ii)
         must, by its terms, be used for a  project  approved
         by  the Department of Commerce and Community Affairs
         under Section 11 of  the  Illinois  Enterprise  Zone
         Act;
              (O)  An  amount  equal  to: (i) 85% for taxable
         years ending on or before December 31, 1992,  or,  a
         percentage  equal  to the percentage allowable under
         Section 243(a)(1) of the Internal  Revenue  Code  of
         1986  for  taxable  years  ending after December 31,
         1992, of the amount by which dividends  included  in
         taxable  income and received from a corporation that
         is not created or organized under the  laws  of  the
         United  States or any state or political subdivision
         thereof, including, for taxable years ending  on  or
         after  December  31,  1988,  dividends  received  or
         deemed   received  or  paid  or  deemed  paid  under
         Sections 951 through 964  of  the  Internal  Revenue
         Code, exceed the amount of the modification provided
         under  subparagraph  (G)  of  paragraph  (2) of this
         subsection (b) which is related to  such  dividends;
         plus  (ii)  100%  of  the amount by which dividends,
         included in taxable income and received,  including,
         for  taxable  years  ending on or after December 31,
         1988, dividends received or deemed received or  paid
         or deemed paid under Sections 951 through 964 of the
         Internal  Revenue  Code,  from  any such corporation
         specified in clause  (i)  that  would  but  for  the
         provisions  of  Section 1504 (b) (3) of the Internal
         Revenue  Code  be  treated  as  a  member   of   the
         affiliated   group   which   includes  the  dividend
         recipient, exceed the  amount  of  the  modification
         provided  under subparagraph (G) of paragraph (2) of
         this  subsection  (b)  which  is  related  to   such
         dividends;
              (P)  An  amount  equal to any contribution made
         to a job training project  established  pursuant  to
         the Tax Increment Allocation Redevelopment Act;
              (Q)  An  amount  equal  to  the  amount  of the
         deduction used to compute  the  federal  income  tax
         credit  for  restoration of substantial amounts held
         under claim of right for the taxable  year  pursuant
         to  Section  1341  of  the  Internal Revenue Code of
         1986;
              (R)  In the case of  an  attorney-in-fact  with
         respect  to  whom  an  interinsurer  or a reciprocal
         insurer has made the election under Section  835  of
         the  Internal Revenue Code, 26 U.S.C. 835, an amount
         equal to the excess, if any, of the amounts paid  or
         incurred  by that interinsurer or reciprocal insurer
         in the taxable year to the attorney-in-fact over the
         deduction allowed to that interinsurer or reciprocal
         insurer with respect to the  attorney-in-fact  under
         Section  835(b) of the Internal Revenue Code for the
         taxable year; and
              (S)  For  taxable  years  ending  on  or  after
         December 31, 1997, in the case  of  a  Subchapter  S
         corporation,  an  amount  equal  to  all  amounts of
         income allocable to a  shareholder  subject  to  the
         Personal Property Tax Replacement Income Tax imposed
         by  subsections  (c)  and (d) of Section 201 of this
         Act, including amounts  allocable  to  organizations
         exempt  from federal income tax by reason of Section
         501(a)  of  the   Internal   Revenue   Code.    This
         subparagraph  (S)  is  exempt from the provisions of
         Section 250.
         (3)  Special rule.  For purposes  of  paragraph  (2)
    (A),  "gross  income"  in  the  case  of a life insurance
    company, for tax years ending on and after  December  31,
    1994,  shall  mean  the  gross  investment income for the
    taxable year.

    (c)  Trusts and estates.
         (1)  In general.  In the case of a trust or  estate,
    base  income  means  an  amount  equal  to the taxpayer's
    taxable income  for  the  taxable  year  as  modified  by
    paragraph (2).
         (2)  Modifications.   Subject  to  the provisions of
    paragraph  (3),  the  taxable  income  referred   to   in
    paragraph (1) shall be modified by adding thereto the sum
    of the following amounts:
              (A)  An  amount  equal  to  all amounts paid or
         accrued to the taxpayer  as  interest  or  dividends
         during  the taxable year to the extent excluded from
         gross income in the computation of taxable income;
              (B)  In the case of (i) an estate, $600; (ii) a
         trust which,  under  its  governing  instrument,  is
         required  to distribute all of its income currently,
         $300; and (iii) any other trust, $100, but  in  each
         such  case,  only  to  the  extent  such  amount was
         deducted in the computation of taxable income;
              (C)  An amount  equal  to  the  amount  of  tax
         imposed  by  this  Act  to  the extent deducted from
         gross income in the computation  of  taxable  income
         for the taxable year;
              (D)  The  amount  of  any  net  operating  loss
         deduction taken in arriving at taxable income, other
         than  a  net  operating  loss carried forward from a
         taxable year ending prior to December 31, 1986;
              (E)  For taxable years in which a net operating
         loss carryback or carryforward from a  taxable  year
         ending  prior  to December 31, 1986 is an element of
         taxable income under paragraph (1) of subsection (e)
         or subparagraph (E) of paragraph (2)  of  subsection
         (e),  the  amount  by  which  addition modifications
         other than those provided by this  subparagraph  (E)
         exceeded  subtraction  modifications in such taxable
         year, with the following limitations applied in  the
         order that they are listed:
                   (i)  the addition modification relating to
              the  net operating loss carried back or forward
              to the  taxable  year  from  any  taxable  year
              ending  prior  to  December  31,  1986 shall be
              reduced by the amount of addition  modification
              under  this  subparagraph  (E) which related to
              that net operating loss  and  which  was  taken
              into  account in calculating the base income of
              an earlier taxable year, and
                   (ii)  the addition  modification  relating
              to  the  net  operating  loss  carried  back or
              forward to the taxable year  from  any  taxable
              year  ending  prior  to December 31, 1986 shall
              not exceed the  amount  of  such  carryback  or
              carryforward;
              For  taxable  years  in  which  there  is a net
         operating loss carryback or carryforward  from  more
         than one other taxable year ending prior to December
         31, 1986, the addition modification provided in this
         subparagraph  (E)  shall  be  the sum of the amounts
         computed   independently   under    the    preceding
         provisions  of  this  subparagraph (E) for each such
         taxable year;
              (F)  For  taxable  years  ending  on  or  after
         January 1, 1989, an amount equal to the tax deducted
         pursuant to Section 164 of the Internal Revenue Code
         if the trust or estate is claiming the same tax  for
         purposes  of  the  Illinois foreign tax credit under
         Section 601 of this Act;
              (G)  An amount  equal  to  the  amount  of  the
         capital  gain deduction allowable under the Internal
         Revenue Code, to  the  extent  deducted  from  gross
         income in the computation of taxable income; and
              (G-5)  For  taxable years ending after December
         31,  1997,  an  amount   equal   to   any   eligible
         remediation  costs that the trust or estate deducted
         in computing adjusted gross income and for which the
         trust or estate claims a credit under subsection (l)
         of Section 201;
    and by deducting from the total so obtained  the  sum  of
    the following amounts:
              (H)  An amount equal to all amounts included in
         such  total  pursuant  to the provisions of Sections
         402(a), 402(c), 403(a), 403(b), 406(a),  407(a)  and
         408 of the Internal Revenue Code or included in such
         total  as  distributions under the provisions of any
         retirement or disability plan for employees  of  any
         governmental  agency or unit, or retirement payments
         to retired partners, which payments are excluded  in
         computing  net  earnings  from  self  employment  by
         Section  1402  of  the  Internal  Revenue  Code  and
         regulations adopted pursuant thereto;
              (I)  The valuation limitation amount;
              (J)  An  amount  equal to the amount of any tax
         imposed by  this  Act  which  was  refunded  to  the
         taxpayer  and included in such total for the taxable
         year;
              (K)  An amount equal to all amounts included in
         taxable income as  modified  by  subparagraphs  (A),
         (B),  (C),  (D),  (E),  (F) and (G) which are exempt
         from taxation by this State either by reason of  its
         statutes   or  Constitution  or  by  reason  of  the
         Constitution, treaties or  statutes  of  the  United
         States; provided that, in the case of any statute of
         this State that exempts income derived from bonds or
         other  obligations  from  the tax imposed under this
         Act, the amount exempted shall be the  interest  net
         of bond premium amortization;
              (L)  With   the   exception   of   any  amounts
         subtracted under subparagraph (K), an  amount  equal
         to  the  sum of all amounts disallowed as deductions
         by (i) Sections 171(a)  (2)  and  265(a)(2)  of  the
         Internal  Revenue Code, as now or hereafter amended,
         and all amounts of expenses  allocable  to  interest
         and  disallowed  as  deductions by Section 265(1) of
         the  Internal  Revenue  Code  of  1954,  as  now  or
         hereafter amended; and (ii) for taxable years ending
         on or after August  13,  1999,  Sections  171(a)(2),
         265,  280C,  and  832(b)(5)(B)(i)  of  the  Internal
         Revenue  Code;  the  provisions of this subparagraph
         are exempt from the provisions of Section 250;
              (M)  An  amount  equal   to   those   dividends
         included   in  such  total  which  were  paid  by  a
         corporation which conducts business operations in an
         Enterprise Zone or zones created under the  Illinois
         Enterprise  Zone  Act and conducts substantially all
         of its operations in an Enterprise Zone or Zones;
              (N)  An amount equal to any  contribution  made
         to  a  job  training project established pursuant to
         the Tax Increment Allocation Redevelopment Act;
              (O)  An  amount  equal   to   those   dividends
         included   in   such  total  that  were  paid  by  a
         corporation that conducts business operations  in  a
         federally  designated Foreign Trade Zone or Sub-Zone
         and  that  is  designated  a  High  Impact  Business
         located  in  Illinois;   provided   that   dividends
         eligible  for the deduction provided in subparagraph
         (M) of paragraph (2) of this subsection shall not be
         eligible  for  the  deduction  provided  under  this
         subparagraph (O);
              (P)  An amount  equal  to  the  amount  of  the
         deduction  used  to  compute  the federal income tax
         credit for restoration of substantial  amounts  held
         under  claim  of right for the taxable year pursuant
         to Section 1341 of  the  Internal  Revenue  Code  of
         1986; and
              (Q)  For  taxable  year 1999 and thereafter, an
         amount equal to the amount of any (i) distributions,
         to the extent includible in gross income for federal
         income tax purposes, made to the taxpayer because of
         his or her status as a  victim  of  persecution  for
         racial  or  religious reasons by Nazi Germany or any
         other Axis regime or as an heir of  the  victim  and
         (ii)  items  of  income, to the extent includible in
         gross  income  for  federal  income  tax   purposes,
         attributable  to, derived from or in any way related
         to assets stolen from,  hidden  from,  or  otherwise
         lost  to  a  victim  of  persecution  for  racial or
         religious reasons by Nazi Germany or any other  Axis
         regime immediately prior to, during, and immediately
         after  World  War II, including, but not limited to,
         interest on the  proceeds  receivable  as  insurance
         under policies issued to a victim of persecution for
         racial  or  religious reasons by Nazi Germany or any
         other Axis regime by  European  insurance  companies
         immediately  prior  to  and  during  World  War  II;
         provided,  however,  this  subtraction  from federal
         adjusted gross  income  does  not  apply  to  assets
         acquired  with such assets or with the proceeds from
         the sale of such  assets;  provided,  further,  this
         paragraph shall only apply to a taxpayer who was the
         first  recipient of such assets after their recovery
         and who is a victim of  persecution  for  racial  or
         religious  reasons by Nazi Germany or any other Axis
         regime or as an heir of the victim.  The  amount  of
         and  the  eligibility  for  any  public  assistance,
         benefit,  or  similar entitlement is not affected by
         the  inclusion  of  items  (i)  and  (ii)  of   this
         paragraph  in  gross  income  for federal income tax
         purposes.  This  paragraph  is   exempt   from   the
         provisions of Section 250.
         (3)  Limitation.   The  amount  of  any modification
    otherwise required under  this  subsection  shall,  under
    regulations  prescribed by the Department, be adjusted by
    any amounts included therein which  were  properly  paid,
    credited,  or  required to be distributed, or permanently
    set aside for charitable purposes pursuant   to  Internal
    Revenue Code Section 642(c) during the taxable year.

    (d)  Partnerships.
         (1)  In  general. In the case of a partnership, base
    income means an amount equal to  the  taxpayer's  taxable
    income for the taxable year as modified by paragraph (2).
         (2)  Modifications.  The  taxable income referred to
    in paragraph (1) shall be modified by adding thereto  the
    sum of the following amounts:
              (A)  An  amount  equal  to  all amounts paid or
         accrued to the taxpayer  as  interest  or  dividends
         during  the taxable year to the extent excluded from
         gross income in the computation of taxable income;
              (B)  An amount  equal  to  the  amount  of  tax
         imposed  by  this  Act  to  the extent deducted from
         gross income for the taxable year;
              (C)  The amount of deductions  allowed  to  the
         partnership  pursuant  to  Section  707  (c)  of the
         Internal Revenue Code  in  calculating  its  taxable
         income; and
              (D)  An  amount  equal  to  the  amount  of the
         capital gain deduction allowable under the  Internal
         Revenue  Code,  to  the  extent  deducted from gross
         income in the computation of taxable income;
    and by deducting from the total so obtained the following
    amounts:
              (E)  The valuation limitation amount;
              (F)  An amount equal to the amount of  any  tax
         imposed  by  this  Act  which  was  refunded  to the
         taxpayer and included in such total for the  taxable
         year;
              (G)  An amount equal to all amounts included in
         taxable  income  as  modified  by subparagraphs (A),
         (B), (C) and (D) which are exempt from  taxation  by
         this  State  either  by  reason  of  its statutes or
         Constitution  or  by  reason  of  the  Constitution,
         treaties or statutes of the United States;  provided
         that,  in the case of any statute of this State that
         exempts  income  derived   from   bonds   or   other
         obligations from the tax imposed under this Act, the
         amount  exempted  shall  be the interest net of bond
         premium amortization;
              (H)  Any  income  of  the   partnership   which
         constitutes  personal  service  income as defined in
         Section 1348 (b) (1) of the  Internal  Revenue  Code
         (as  in  effect  December  31, 1981) or a reasonable
         allowance  for  compensation  paid  or  accrued  for
         services rendered by partners  to  the  partnership,
         whichever is greater;
              (I)  An  amount  equal to all amounts of income
         distributable to an entity subject to  the  Personal
         Property  Tax  Replacement  Income  Tax  imposed  by
         subsections  (c)  and (d) of Section 201 of this Act
         including  amounts  distributable  to  organizations
         exempt from federal income tax by reason of  Section
         501(a) of the Internal Revenue Code;
              (J)  With   the   exception   of   any  amounts
         subtracted under subparagraph (G), an  amount  equal
         to  the  sum of all amounts disallowed as deductions
         by (i)  Sections  171(a)  (2),  and  265(2)  of  the
         Internal  Revenue  Code of 1954, as now or hereafter
         amended, and all amounts of  expenses  allocable  to
         interest  and  disallowed  as  deductions by Section
         265(1) of the  Internal  Revenue  Code,  as  now  or
         hereafter amended; and (ii) for taxable years ending
         on  or  after  August  13, 1999, Sections 171(a)(2),
         265,  280C,  and  832(b)(5)(B)(i)  of  the  Internal
         Revenue Code; the provisions  of  this  subparagraph
         are exempt from the provisions of Section 250;
              (K)  An   amount   equal   to  those  dividends
         included  in  such  total  which  were  paid  by   a
         corporation which conducts business operations in an
         Enterprise  Zone or zones created under the Illinois
         Enterprise Zone Act, enacted  by  the  82nd  General
         Assembly,  and  conducts  substantially  all  of its
         operations which does not  conduct  such  operations
         other than in an Enterprise Zone or Zones;
              (L)  An  amount  equal to any contribution made
         to a job training project  established  pursuant  to
         the   Real   Property   Tax   Increment   Allocation
         Redevelopment Act;
              (M)  An   amount   equal   to  those  dividends
         included  in  such  total  that  were  paid   by   a
         corporation  that  conducts business operations in a
         federally designated Foreign Trade Zone or  Sub-Zone
         and  that  is  designated  a  High  Impact  Business
         located   in   Illinois;   provided  that  dividends
         eligible for the deduction provided in  subparagraph
         (K) of paragraph (2) of this subsection shall not be
         eligible  for  the  deduction  provided  under  this
         subparagraph (M); and
              (N)  An  amount  equal  to  the  amount  of the
         deduction used to compute  the  federal  income  tax
         credit  for  restoration of substantial amounts held
         under claim of right for the taxable  year  pursuant
         to  Section  1341  of  the  Internal Revenue Code of
         1986.

    (e)  Gross income; adjusted gross income; taxable income.
         (1)  In  general.   Subject  to  the  provisions  of
    paragraph (2) and subsection (b)  (3),  for  purposes  of
    this  Section  and  Section  803(e),  a  taxpayer's gross
    income, adjusted gross income, or taxable income for  the
    taxable  year  shall  mean  the  amount  of gross income,
    adjusted  gross  income  or   taxable   income   properly
    reportable  for  federal  income  tax  purposes  for  the
    taxable year under the provisions of the Internal Revenue
    Code.  Taxable income may be less than zero. However, for
    taxable years ending on or after December 31,  1986,  net
    operating  loss  carryforwards  from taxable years ending
    prior to December 31, 1986, may not  exceed  the  sum  of
    federal  taxable  income  for the taxable year before net
    operating loss deduction, plus  the  excess  of  addition
    modifications  over  subtraction  modifications  for  the
    taxable year.  For taxable years ending prior to December
    31, 1986, taxable income may never be an amount in excess
    of the net operating loss for the taxable year as defined
    in subsections (c) and (d) of Section 172 of the Internal
    Revenue  Code,  provided  that  when  taxable income of a
    corporation (other  than  a  Subchapter  S  corporation),
    trust,   or   estate  is  less  than  zero  and  addition
    modifications, other than those provided by  subparagraph
    (E)  of  paragraph (2) of subsection (b) for corporations
    or subparagraph (E) of paragraph (2)  of  subsection  (c)
    for trusts and estates, exceed subtraction modifications,
    an   addition  modification  must  be  made  under  those
    subparagraphs for any other taxable  year  to  which  the
    taxable  income  less  than  zero (net operating loss) is
    applied under Section 172 of the Internal Revenue Code or
    under  subparagraph  (E)  of  paragraph   (2)   of   this
    subsection (e) applied in conjunction with Section 172 of
    the Internal Revenue Code.
         (2)  Special rule.  For purposes of paragraph (1) of
    this  subsection,  the taxable income properly reportable
    for federal income tax purposes shall mean:
              (A)  Certain life insurance companies.  In  the
         case  of a life insurance company subject to the tax
         imposed by Section 801 of the Internal Revenue Code,
         life insurance  company  taxable  income,  plus  the
         amount  of  distribution  from pre-1984 policyholder
         surplus accounts as calculated under Section 815a of
         the Internal Revenue Code;
              (B)  Certain other insurance companies.  In the
         case of mutual insurance companies  subject  to  the
         tax  imposed  by Section 831 of the Internal Revenue
         Code, insurance company taxable income;
              (C)  Regulated investment  companies.   In  the
         case  of  a  regulated investment company subject to
         the tax imposed  by  Section  852  of  the  Internal
         Revenue Code, investment company taxable income;
              (D)  Real  estate  investment  trusts.   In the
         case of a real estate investment  trust  subject  to
         the  tax  imposed  by  Section  857  of the Internal
         Revenue Code, real estate investment  trust  taxable
         income;
              (E)  Consolidated corporations.  In the case of
         a  corporation  which  is  a member of an affiliated
         group of corporations filing a  consolidated  income
         tax  return  for the taxable year for federal income
         tax purposes, taxable income determined as  if  such
         corporation  had filed a separate return for federal
         income tax purposes for the taxable  year  and  each
         preceding  taxable year for which it was a member of
         an  affiliated   group.   For   purposes   of   this
         subparagraph, the taxpayer's separate taxable income
         shall  be  determined as if the election provided by
         Section 243(b) (2) of the Internal Revenue Code  had
         been in effect for all such years;
              (F)  Cooperatives.     In   the   case   of   a
         cooperative corporation or association, the  taxable
         income of such organization determined in accordance
         with  the provisions of Section 1381 through 1388 of
         the Internal Revenue Code;
              (G)  Subchapter S corporations.   In  the  case
         of:  (i)  a Subchapter S corporation for which there
         is in effect an election for the taxable year  under
         Section  1362  of  the  Internal  Revenue  Code, the
         taxable income of  such  corporation  determined  in
         accordance  with  Section  1363(b)  of  the Internal
         Revenue Code, except that taxable income shall  take
         into  account  those  items  which  are  required by
         Section 1363(b)(1) of the Internal Revenue  Code  to
         be  separately  stated;  and  (ii)  a  Subchapter  S
         corporation  for  which there is in effect a federal
         election  to  opt  out  of  the  provisions  of  the
         Subchapter S Revision Act of 1982 and  have  applied
         instead  the  prior federal Subchapter S rules as in
         effect on July 1, 1982, the taxable income  of  such
         corporation   determined   in  accordance  with  the
         federal Subchapter S rules as in effect on  July  1,
         1982; and
              (H)  Partnerships.     In   the   case   of   a
         partnership, taxable income determined in accordance
         with Section  703  of  the  Internal  Revenue  Code,
         except  that  taxable income shall take into account
         those items which are required by Section  703(a)(1)
         to  be  separately  stated  but which would be taken
         into account by an  individual  in  calculating  his
         taxable income.

    (f)  Valuation limitation amount.
         (1)  In  general.   The  valuation limitation amount
    referred to in subsections (a) (2) (G), (c) (2)  (I)  and
    (d)(2) (E) is an amount equal to:
              (A)  The   sum   of   the  pre-August  1,  1969
         appreciation amounts (to the  extent  consisting  of
         gain reportable under the provisions of Section 1245
         or  1250  of  the  Internal  Revenue  Code)  for all
         property in respect of which such gain was  reported
         for the taxable year; plus
              (B)  The   lesser   of   (i)  the  sum  of  the
         pre-August 1,  1969  appreciation  amounts  (to  the
         extent  consisting of capital gain) for all property
         in respect of  which  such  gain  was  reported  for
         federal income tax purposes for the taxable year, or
         (ii)  the  net  capital  gain  for the taxable year,
         reduced in either case by any amount  of  such  gain
         included  in  the amount determined under subsection
         (a) (2) (F) or (c) (2) (H).
         (2)  Pre-August 1, 1969 appreciation amount.
              (A)  If  the  fair  market  value  of  property
         referred   to   in   paragraph   (1)   was   readily
         ascertainable on August 1, 1969, the  pre-August  1,
         1969  appreciation  amount  for such property is the
         lesser of (i) the excess of such fair  market  value
         over the taxpayer's basis (for determining gain) for
         such  property  on  that  date (determined under the
         Internal Revenue Code as in effect on that date), or
         (ii) the total  gain  realized  and  reportable  for
         federal  income tax purposes in respect of the sale,
         exchange or other disposition of such property.
              (B)  If  the  fair  market  value  of  property
         referred  to  in  paragraph  (1)  was  not   readily
         ascertainable  on  August 1, 1969, the pre-August 1,
         1969 appreciation amount for such property  is  that
         amount  which bears the same ratio to the total gain
         reported in respect  of  the  property  for  federal
         income  tax  purposes  for  the taxable year, as the
         number of full calendar months in that part  of  the
         taxpayer's  holding  period  for the property ending
         July 31, 1969 bears to the number of  full  calendar
         months  in  the taxpayer's entire holding period for
         the property.
              (C)  The  Department   shall   prescribe   such
         regulations  as  may  be  necessary to carry out the
         purposes of this paragraph.

    (g)  Double  deductions.   Unless  specifically  provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.

    (h)  Legislative intention.  Except as expressly provided
by  this  Section  there  shall  be   no   modifications   or
limitations on the amounts of income, gain, loss or deduction
taken  into  account  in  determining  gross income, adjusted
gross  income  or  taxable  income  for  federal  income  tax
purposes for the taxable year, or in the amount of such items
entering into the computation of base income and  net  income
under  this  Act for such taxable year, whether in respect of
property values as of August 1, 1969 or otherwise.
(Source: P.A. 91-192, eff.  7-20-99;  91-205,  eff.  7-20-99;
91-357,  eff.  7-29-99;  91-541,  eff.  8-13-99; 91-676, eff.
12-23-99; 91-845, eff. 6-22-00; 91-913, eff.  1-1-01;  92-16,
eff.  6-28-01;  92-244,  eff.  8-3-01;  92-439, eff. 8-17-01;
revised 9-21-01.)

    (35 ILCS 5/209)
    Sec. 209. Tax Credit  for  "TECH-PREP"  youth  vocational
programs.
    (a)  Beginning with tax years ending on or after June 30,
1995,   every   taxpayer   who   is   primarily   engaged  in
manufacturing is allowed a credit against the tax imposed  by
subsections  (a) and (b) of Section 201 in an amount equal to
20% of the taxpayer's direct payroll expenditures for which a
credit has not already been claimed under subsection  (j)  of
Section 201 of this Act, in the tax year for which the credit
is claimed, for cooperative secondary school youth vocational
programs  in  Illinois  which  are  certified  as  qualifying
TECH-PREP  programs  by  the State Board of Education and the
Department of Revenue because the programs  prepare  students
to  be  technically  skilled workers and meet the performance
standards  of  business  and  industry  and   the   admission
standards of higher education. The credit may also be claimed
for personal services rendered to the taxpayer by a TECH-PREP
student  or  instructor  (i)  which  would  be subject to the
provisions of Article  7  of  this  Act  if  the  student  or
instructor was an employee of the taxpayer and (ii) for which
no credit under this Section is claimed by another taxpayer.
    (b)  If   the  amount  of  the  credit  exceeds  the  tax
liability for the year, the excess may be carried forward and
applied to the tax liability of the 2 taxable years following
the excess credit year. The credit shall be  applied  to  the
earliest  year  for  which there is a tax liability. If there
are credits from more than one tax year that are available to
offset a liability,  the  earlier  credit  shall  be  applied
first.
    (c)  A  taxpayer  claiming  the  credit  provided by this
Section shall maintain and record such information  regarding
its  participation  in  a qualifying TECH-PREP program as the
Department may  require  by  regulation.  When  claiming  the
credit  provided  by this Section, the taxpayer shall provide
such information regarding the taxpayer's participation in  a
qualifying TECH-PREP program as the Department of Revenue may
require by regulation.
    (d)  This  Section  does not apply to those programs with
national standards that  have  been  or  in  the  future  are
approved   by   the  U.S.  Department  of  Labor,  Bureau  of
Apprenticeship Training or any federal agency  succeeding  to
the responsibilities of that Bureau.
(Source: P.A. 88-505; 89-399, eff. 8-20-95.)

    (35 ILCS 5/502) (from Ch. 120, par. 5-502)
    Sec. 502.  Returns and notices.
    (a)  In  general.  A  return  with  respect  to the taxes
imposed by this Act shall be made by  every  person  for  any
taxable year:
         (1)  For  which  such  person  is  liable  for a tax
    imposed by this Act, or
         (2)  In the case of a resident or in the case  of  a
    corporation  which  is  qualified  to do business in this
    State, for which  such  person  is  required  to  make  a
    federal  income  tax  return,  regardless of whether such
    person is liable for a tax imposed by this Act.  However,
    this paragraph shall not require a  resident  to  make  a
    return  if such person has an Illinois base income of the
    basic amount in Section 204(b)  or  less  and  is  either
    claimed  as  a  dependent  on another person's tax return
    under the Internal Revenue Code of 1986, or is claimed as
    a dependent on another person's  tax  return  under  this
    Act.
    (b)  Fiduciaries and receivers.
         (1)  Decedents.  If  an  individual is deceased, any
    return or notice required of such individual  under  this
    Act  shall  be  made  by  his executor, administrator, or
    other person charged with the property of such decedent.
         (2)  Individuals   under   a   disability.   If   an
    individual is unable to make a return or notice  required
    under  this  Act,  the  return or notice required of such
    individual shall be made by his  duly  authorized  agent,
    guardian, fiduciary or other person charged with the care
    of the person or property of such individual.
         (3)  Estates and trusts. Returns or notices required
    of  an  estate  or a trust shall be made by the fiduciary
    thereof.
         (4)  Receivers,   trustees   and    assignees    for
    corporations.  In  a  case  where  a receiver, trustee in
    bankruptcy, or assignee, by order of a court of competent
    jurisdiction, by operation  of  law,  or  otherwise,  has
    possession  of or holds title to all or substantially all
    the property or business of a corporation, whether or not
    such  property  or  business  is  being  operated,   such
    receiver, trustee, or assignee shall make the returns and
    notices  required  of such corporation in the same manner
    and form  as  corporations  are  required  to  make  such
    returns and notices.
    (c)  Joint returns by husband and wife.
         (1)  Except  as  provided  in  paragraph  (3),  if a
    husband and wife file a joint federal income  tax  return
    for  a  taxable year they shall file a joint return under
    this Act for such  taxable  year  and  their  liabilities
    shall be joint and several, but if the federal income tax
    liability  of  either  spouse is determined on a separate
    federal income  tax  return,  they  shall  file  separate
    returns under this Act.
         (2)  If neither spouse is required to file a federal
    income tax return and either or both are required to file
    a  return under this Act, they may elect to file separate
    or joint returns and  pursuant  to  such  election  their
    liabilities shall be separate or joint and several.
         (3)  If either husband or wife is a resident and the
    other  is a nonresident, they shall file separate returns
    in this State on such forms as may  be  required  by  the
    Department  in which event their tax liabilities shall be
    separate; but they may elect to determine their joint net
    income and file a joint return as if both were  residents
    and  in  such  case, their liabilities shall be joint and
    several.
         (4)  Innocent spouses.
              (A) However, for tax  liabilities  arising  and
         paid  prior to August 13, 1999 the effective date of
         this amendatory Act of the 91st General Assembly, an
         innocent spouse shall be relieved of  liability  for
         tax  (including  interest  and  penalties)  for  any
         taxable year for which a joint return has been made,
         upon  submission  of proof that the Internal Revenue
         Service  has  made  a  determination  under  Section
         6013(e) of the Internal Revenue Code, for  the  same
         taxable   year,  which  determination  relieved  the
         spouse from liability for federal income  taxes.  If
         there  is  no  federal income tax liability at issue
         for the same taxable year, the Department shall rely
         on the provisions of Section  6013(e)  to  determine
         whether   the   person  requesting  innocent  spouse
         abatement of tax, penalty, and interest is  entitled
         to that relief.
              (B)  For  tax  liabilities arising on and after
         August  13,  1999  the  effective   date   of   this
         amendatory Act of the 91st General Assembly or which
         arose  prior  to  that  effective  date,  but remain
         unpaid  as  of  that  the  effective  date,  if   an
         individual  who filed a joint return for any taxable
         year has made an election under this paragraph,  the
         individual's  liability  for  any  tax  shown on the
         joint  return  shall  not  exceed  the  individual's
         separate  return   amount   and   the   individual's
         liability  for  any  deficiency  assessed  for  that
         taxable  year  shall  not  exceed the portion of the
         deficiency properly  allocable  to  the  individual.
         For purposes of this paragraph:
                   (i)  An election properly made pursuant to
              Section 6015 of the Internal Revenue Code shall
              constitute  an  election  under this paragraph,
              provided  that  the  election  shall   not   be
              effective until the individual has notified the
              Department  of  the  election  in  the form and
              manner prescribed by the Department.
                   (ii)  If no election has been  made  under
              Section   6015,  the  individual  may  make  an
              election under this paragraph in the  form  and
              manner  prescribed  by the Department, provided
              that no election may be made if the  Department
              finds  that  assets  were  transferred  between
              individuals  filing a joint return as part of a
              scheme by such individuals to avoid payment  of
              Illinois  income tax and the election shall not
              eliminate the individual's  liability  for  any
              portion  of  a  deficiency  attributable  to an
              error on the return of which the individual had
              actual knowledge as of the date of filing.
                   (iii)  In determining the separate  return
              amount    or    portion   of   any   deficiency
              attributable to an individual,  the  Department
              shall  follow the provisions in subsections (c)
              and (d) of Section 6015 6015(b) and (c) of  the
              Internal Revenue Code.
                   (iv)  In  determining  the  validity of an
              individual's election under  subparagraph  (ii)
              and  in  determining  an  electing individual's
              separate  return  amount  or  portion  of   any
              deficiency   under   subparagraph   (iii),  any
              determination made  by  the  Secretary  of  the
              Treasury,  by  the  United  States Tax Court on
              petition for review of a determination  by  the
              Secretary  of  the  Treasury, or on appeal from
              the United States Tax Court under Section  6015
              6015(a)  of the Internal Revenue Code regarding
              criteria for eligibility  or  under  subsection
              (d)  of  Section  6015  6015(b)  or  (c) of the
              Internal Revenue Code regarding the  allocation
              of  any  item of income, deduction, payment, or
              credit between an individual making the federal
              election and that individual's spouse shall  be
              conclusively  presumed  to  be  correct.   With
              respect to any item that is not the subject  of
              a   determination   by  the  Secretary  of  the
              Treasury  or  the  federal   courts,   in   any
              proceeding   involving   this  subsection,  the
              individual making the election shall  have  the
              burden of proof with respect to any item except
              that  the  Department  shall have the burden of
              proof with  respect  to  items  in  subdivision
              (ii).
                   (v)  Any  election  made  by an individual
              under this subsection shall apply to all  years
              for  which that individual and the spouse named
              in the election have filed a joint return.
                   (vi)  After receiving a  notice  that  the
              federal   election   has  been  made  or  after
              receiving an election under  subdivision  (ii),
              the  Department shall take no collection action
              against  the  electing   individual   for   any
              liability  arising  from a joint return covered
              by  the  election  until  the  Department   has
              notified  the  electing  individual  in writing
              that the election is invalid or of the  portion
              of  the  liability the Department has allocated
              to the electing  individual.   Within  60  days
              (150  days  if  the  individual  is outside the
              United  States)  after  the  issuance  of  such
              notification, the individual may file a written
              protest of the denial of the election or of the
              Department's  determination  of  the  liability
              allocated to him or her and shall be granted  a
              hearing   within   the   Department  under  the
              provisions of Section 908.   If  a  protest  is
              filed,  the Department shall take no collection
              action against the  electing  individual  until
              the  decision  regarding the protest has become
              final under subsection (d) of Section  908  or,
              if  administrative  review  of the Department's
              decision is requested under Section 1201, until
              the decision of the court becomes final.
    (d)  Partnerships.  Every  partnership  having  any  base
income allocable to this State  in  accordance  with  section
305(c)  shall  retain  information  concerning  all  items of
income, gain, loss and deduction; the names and addresses  of
all  of  the partners, or names and addresses of members of a
limited liability company, or  other  persons  who  would  be
entitled  to  share  in the base income of the partnership if
distributed; the amount of the distributive  share  of  each;
and such other pertinent information as the Department may by
forms  or  regulations  prescribe. The partnership shall make
that information available to the Department  when  requested
by the Department.
    (e)  For  taxable  years  ending on or after December 31,
1985, and  before  December  31,  1993,  taxpayers  that  are
corporations  (other  than  Subchapter S corporations) having
the same taxable year  and  that  are  members  of  the  same
unitary  business  group  may  elect  to  be  treated  as one
taxpayer for purposes of any original return, amended  return
which  includes the same taxpayers of the unitary group which
joined  in  the  election  to  file  the   original   return,
extension,  claim  for  refund,  assessment,  collection  and
payment  and determination of the group's tax liability under
this Act. This subsection (e) does not permit the election to
be made for some, but not all,  of  the  purposes  enumerated
above.  For  taxable  years  ending  on or after December 31,
1987,   corporate   members   (other   than   Subchapter    S
corporations)  of the same unitary business group making this
subsection (e) election are not required  to  have  the  same
taxable year.
    For  taxable  years ending on or after December 31, 1993,
taxpayers that are  corporations  (other  than  Subchapter  S
corporations)  and  that  are  members   of  the same unitary
business group shall be treated as one taxpayer for  purposes
of  any  original  return,  amended return which includes the
same taxpayers of the unitary group which  joined  in  filing
the original return, extension, claim for refund, assessment,
collection  and  payment and determination of the group's tax
liability under this Act.
    (f)  The Department may promulgate regulations to  permit
nonresident  individual  partners  of  the  same partnership,
nonresident Subchapter S corporation shareholders of the same
Subchapter  S  corporation,   and   nonresident   individuals
transacting  an insurance business in Illinois under a Lloyds
plan of operation, and nonresident individual members of  the
same   limited   liability  company  that  is  treated  as  a
partnership under Section 1501 (a)(16) of this Act,  to  file
composite   individual  income  tax  returns  reflecting  the
composite income of such individuals  allocable  to  Illinois
and  to  make  composite individual income tax payments.  The
Department may  by  regulation  also  permit  such  composite
returns  to include the income tax owed by Illinois residents
attributable to their income from partnerships, Subchapter  S
corporations,  insurance  businesses organized under a Lloyds
plan of operation, or limited liability  companies  that  are
treated  as  partnership  under  Section 1501 (a)(16) of this
Act, in which case such Illinois residents will be  permitted
to claim credits on their individual returns for their shares
of  the composite tax payments.  This paragraph of subsection
(f) applies to taxable years ending on or after December  31,
1987.
    For  taxable  years ending on or after December 31, 1999,
the Department may, by regulation, also  permit  any  persons
transacting  an  insurance  business organized under a Lloyds
plan of operation to file composite  returns  reflecting  the
income  of  such  persons  allocable  to Illinois and the tax
rates applicable to such persons under  Section  201  and  to
make  composite  tax  payments and shall, by regulation, also
provide   that   the   income   and   apportionment   factors
attributable to the  transaction  of  an  insurance  business
organized  under  a  Lloyds  plan  of operation by any person
joining in the  filing  of  a  composite  return  shall,  for
purposes  of allocating and apportioning income under Article
3 of this Act and computing net income under Section  202  of
this Act, be excluded from any other income and apportionment
factors  of  that person or of any unitary business group, as
defined in subdivision (a)(27) of Section 1501, to which that
person may belong.
    (g)  The Department may  adopt  rules  to  authorize  the
electronic  filing  of  any return required to be filed under
this Section.
(Source: P.A. 90-613,  eff.  7-9-98;  91-541,  eff.  8-13-99;
91-913, eff. 1-1-01.)

    (35 ILCS 5/506) (from Ch. 120, par. 5-506)
    Sec. 506.  Federal Returns.
    (a)  In  general.   Any  person required to make a return
for a taxable year under this Act may, at  any  time  that  a
deficiency  could  be assessed or a refund claimed under this
Act in respect of any item reported or properly reportable on
such return or any amendment thereof, be required to  furnish
to the Department a true and correct copy of any return which
may  pertain  to such item and which was filed by such person
under the provisions of the Internal Revenue Code.
    (b)  Changes affecting federal income tax. A person shall
notify the Department if: In the event
         (1)  the taxable  income,  any  item  of  income  or
    deduction,  the  income  tax liability, or any tax credit
    reported in a federal  income  tax  return  of  that  any
    person  for  any  year  is  altered  by amendment of such
    return or as a  result  of  any  other  recomputation  or
    redetermination  of  federal  taxable income or loss, and
    such alteration reflects  a  change  or  settlement  with
    respect  to  any item or items, affecting the computation
    of such person's net income, net loss, or of  any  credit
    provided by Article 2 of this Act for any year under this
    Act, or in the number of personal exemptions allowable to
    such  person  under  Section  151 of the Internal Revenue
    Code, or
         (2)  the amount of tax required to  be  withheld  by
    that  person  from  compensation  paid  to  employees and
    required to be reported  by  that  person  on  a  federal
    return  is  altered  by amendment of the return or by any
    other recomputation or redetermination that is agreed  to
    or  finally  determined  on or after January 1, 2003, and
    the alteration affects the amount of compensation subject
    to withholding by that person under Section 701  of  this
    Act  such  person  shall  notify  the  Department of such
    alteration.
Such notification shall be in the form of an  amended  return
or  such  other  form  as  the  Department may by regulations
prescribe, shall contain the person's name  and  address  and
such  other  information as the Department may by regulations
prescribe, shall  be  signed  by  such  person  or  his  duly
authorized  representative, and shall be filed not later than
120 days after such alteration has been agreed to or  finally
determined  for  federal  income  tax purposes or any federal
income  tax  deficiency  or   refund,   tentative   carryback
adjustment,  abatement or credit resulting therefrom has been
assessed or paid, whichever shall first occur.
(Source: P.A. 90-491, eff. 1-1-98.)

    (35 ILCS 5/601.1) (Ch. 120, par. 6-601.1)
    Sec. 601.1. Payment by electronic funds transfer.
    (a)  Beginning on October 1, 1993, a taxpayer who has  an
average  monthly  tax  liability  of  $150,000  or more under
Article 7 of this Act shall make  all  payments  required  by
rules   of  the  Department  by  electronic  funds  transfer.
Beginning October 1, 1993, a  taxpayer  who  has  an  average
quarterly  estimated  tax  payment  obligation of $450,000 or
more under Article 8 of this  Act  shall  make  all  payments
required  by  rules  of  the  Department  by electronic funds
transfer.  Beginning on October 1, 1994, a taxpayer  who  has
an  average  monthly  tax liability of $100,000 or more under
Article 7 of this Act shall make  all  payments  required  by
rules   of  the  Department  by  electronic  funds  transfer.
Beginning October 1, 1994, a  taxpayer  who  has  an  average
quarterly  estimated  tax  payment  obligation of $300,000 or
more under Article 8 of this  Act  shall  make  all  payments
required  by  rules  of  the  Department  by electronic funds
transfer.  Beginning on October 1, 1995, a taxpayer  who  has
an  average  monthly  tax  liability of $50,000 or more under
Article 7 of this Act shall make  all  payments  required  by
rules   of  the  Department  by  electronic  funds  transfer.
Beginning October 1, 1995, a  taxpayer  who  has  an  average
quarterly  estimated  tax  payment  obligation of $150,000 or
more under Article 8 of this  Act  shall  make  all  payments
required  by  rules  of  the  Department  by electronic funds
transfer. Beginning on October 1, 2000, and for all liability
periods thereafter, a taxpayer who has an average annual  tax
liability  of  $200,000  or  more under Article 7 of this Act
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 2000, a
taxpayer who has an average quarterly estimated  tax  payment
obligation  of  $50,000  or  more under Article 8 of this Act
shall make all payments required by rules of  the  Department
by electronic funds transfer. Beginning on October 1, 2002, a
taxpayer  who  has a tax liability in the amount set forth in
subsection (b) of  Section  2505-210  of  the  Department  of
Revenue  Law shall make all payments required by rules of the
Department by electronic funds transfer. Beginning on October
1, 2002, a taxpayer who has a tax liability in the amount set
forth in subsection (b) of Section 2505-210 of the Department
of Revenue Law shall make all payments required by  rules  of
the Department by electronic funds transfer.
    (b)  Any taxpayer who is not required to make payments by
electronic  funds  transfer  may  make payments by electronic
funds transfer with the permission of the Department.
    (c)  All  taxpayers  required   to   make   payments   by
electronic  funds  transfer  and  any  taxpayers  who wish to
voluntarily make payments by electronic funds transfer  shall
make   those   payments  in  the  manner  authorized  by  the
Department.
    (d)  The Department shall notify all  taxpayers  required
to   make   payments   by  electronic  funds  transfer.   All
taxpayers notified by the Department shall make  payments  by
electronic funds transfer for a minimum of one year beginning
on  October  1.   In  determining the threshold amounts under
subsection (a), the Department shall calculate  the  averages
as follows:
         (1)  the  total  liability  under  Article 7 for the
    preceding tax  year  (and,  prior  to  October  1,  2000,
    divided by 12); or
         (2)  for   purposes   of  estimated  payments  under
    Article 8, the total tax obligation of the  taxpayer  for
    the previous tax year divided by 4.
    (e)  The   Department  shall  adopt  such  rules  as  are
necessary  to  effectuate  a  program  of  electronic   funds
transfer and the requirements of this Section.
(Source: P.A. 91-541, eff. 8-13-99; 92-492, eff. 1-1-02.)

    (35 ILCS 5/701) (from Ch. 120, par. 7-701)
    Sec. 701.  Requirement and Amount of Withholding.
    (a)  In  General. Every employer maintaining an office or
transacting business within this State and required under the
provisions of the Internal Revenue Code to withhold a tax on:
         (1)  compensation paid in this State (as  determined
    under Section 304 (a) (2) (B) to an individual; or

         (2)  payments  described  in  subsection  (b)  shall
    deduct  and  withhold  from  such  compensation  for each
    payroll  period  (as  defined  in  Section  3401  of  the
    Internal Revenue Code) an amount equal to the  amount  by
    which   such   individual's   compensation   exceeds  the
    proportionate  part   of   this   withholding   exemption
    (computed as provided in Section 702) attributable to the
    payroll  period  for  which  such compensation is payable
    multiplied by a percentage equal to  the  percentage  tax
    rate  for  individuals  provided  in  subsection  (b)  of
    Section 201.
    (b)  Payment to Residents.
    Any  payment  (including compensation) to a resident by a
payor maintaining an office or  transacting  business  within
this  State  (including  any  agency, officer, or employee of
this State or of any political subdivision of this State) and
on which withholding of tax is required under the  provisions
of   the   Internal  Revenue  Code  shall  be  deemed  to  be
compensation paid in this State by an employer to an employee
for the purposes of Article 7 and Section 601 (b) (1) to  the
extent  such  payment  is  included  in  the recipient's base
income and not subjected to withholding by another state.
    (c)  Special Definitions.
    Withholding  shall  be  considered  required  under   the
provisions  of  the  Internal  Revenue Code to the extent the
Internal Revenue Code either requires withholding  or  allows
for  voluntary  withholding  the  payor  and  recipient  have
entered  into such a voluntary withholding agreement. For the
purposes  of  Article  7  and  Section  1002  (c)  the   term
"employer" includes any payor who is required to withhold tax
pursuant to this Section.
    (d)  Reciprocal Exemption.
    The  Director may enter into an agreement with the taxing
authorities of any state which imposes a tax on  or  measured
by  income to provide that compensation paid in such state to
residents of this State shall be exempt from  withholding  of
such  tax;  in such case, any compensation paid in this State
to residents of such state shall be exempt from  withholding.
All   reciprocal   agreements   shall   be   subject  to  the
requirements of Section 2505-575 of the Department of Revenue
Law (20 ILCS 2505/2505-575).
    (e)  Notwithstanding subsection (a) (2) of this  Section,
no  withholding is required on payments for which withholding
is required under  Section  3405  or  3406  of  the  Internal
Revenue Code of 1954.
(Source: P.A. 90-491, eff. 1-1-98; 91-239, eff. 1-1-00.)

    (35 ILCS 5/905) (from Ch. 120, par. 9-905)
    Sec. 905.  Limitations on Notices of Deficiency.
    (a)  In  general.  Except  as  otherwise provided in this
Act:
         (1)  A notice of  deficiency  shall  be  issued  not
    later  than  3 years after the date the return was filed,
    and
         (2)  No deficiency shall be  assessed  or  collected
    with  respect  to the year for which the return was filed
    unless such notice is issued within such period.
    (b)  Omission of more than 25% of income. If the taxpayer
omits from base income an amount properly includible  therein
which is in excess of 25% of the amount of base income stated
in the return, a notice of deficiency may be issued not later
than 6 years after the return was filed. For purposes of this
paragraph,  there  shall not be taken into account any amount
which is omitted in the return if such amount is disclosed in
the return, or in a statement attached to the  return,  in  a
manner  adequate  to apprise the Department of the nature and
the amount of such item.
    (c)  No return or fraudulent  return.  If  no  return  is
filed  or  a false and fraudulent return is filed with intent
to evade the tax imposed by this Act, a notice of  deficiency
may be issued at any time.
    (d)  Failure  to  report  federal  change.  If a taxpayer
fails to notify the Department in any case where notification
is required by Section 304(c) or 506(b), or fails to report a
change or correction which is treated in the same  manner  as
if  it  were  a deficiency for federal income tax purposes, a
notice of deficiency may be issued (i) at any time or (ii) on
or  after  August  13,  1999  the  effective  date  of   this
amendatory  Act of the 91st General Assembly, at any time for
the taxable year for which the notification  is  required  or
for  any  taxable  year  to  which  the taxpayer may carry an
Article 2 credit, or a Section 207 loss, earned, incurred, or
used in the year for  which  the  notification  is  required;
provided, however, that the amount of any proposed assessment
set forth in the notice shall be limited to the amount of any
deficiency resulting under this Act from the recomputation of
the  taxpayer's net income, Article 2 credits, or Section 207
loss earned, incurred, or used in the taxable year for  which
the  notification is required after giving effect to the item
or items required to be reported.
    (e)  Report of federal change.
         (1)  Before August 13, 1999 the  effective  date  of
    this  amendatory Act of the 91st General Assembly, in any
    case where notification of  an  alteration  is  given  as
    required by Section 506(b), a notice of deficiency may be
    issued  at  any  time  within 2 years after the date such
    notification is given, provided, however, that the amount
    of any proposed assessment set forth in such notice shall
    be limited to the  amount  of  any  deficiency  resulting
    under  this  Act from recomputation of the taxpayer's net
    income, net loss, or Article 2 credits  for  the  taxable
    year  after  giving effect to the item or items reflected
    in the reported alteration.
         (2)  On and after August 13, 1999 the effective date
    of this amendatory Act of the 91st General  Assembly,  in
    any  case where notification of an alteration is given as
    required by Section 506(b), a notice of deficiency may be
    issued at any time within 2 years  after  the  date  such
    notification  is given for the taxable year for which the
    notification is given or for any taxable  year  to  which
    the  taxpayer may carry an Article 2 credit, or a Section
    207 loss, earned, incurred, or used in the year for which
    the notification is given, provided,  however,  that  the
    amount  of  any  proposed  assessment  set  forth in such
    notice shall be limited to the amount of  any  deficiency
    resulting  under  this  Act  from  recomputation  of  the
    taxpayer's  net income, Article 2 credits, or Section 207
    loss earned, incurred, or used in the  taxable  year  for
    which  the  notification  is given after giving effect to
    the item or items reflected in the reported alteration.
    (f)  Extension by agreement. Where, before the expiration
of the time prescribed in this section for the issuance of  a
notice  of  deficiency,  both the Department and the taxpayer
shall have consented in writing to its  issuance  after  such
time,  such  notice  may  be  issued at any time prior to the
expiration of the period  agreed  upon.  In  the  case  of  a
taxpayer  who  is a partnership, Subchapter S corporation, or
trust and who enters into an agreement  with  the  Department
pursuant  to  this  subsection on or after January 1, 2003, a
notice  of  deficiency  may  be  issued  to   the   partners,
shareholders,  or  beneficiaries  of the taxpayer at any time
prior to the  expiration  of  the  period  agreed  upon.  Any
proposed  assessment  set forth in the notice, however, shall
be limited to the amount of any  deficiency  resulting  under
this  Act  from  recomputation of items of income, deduction,
credits, or other amounts of the taxpayer that are taken into
account  by  the  partner,  shareholder,  or  beneficiary  in
computing its liability under this Act. The period so  agreed
upon may be extended by subsequent agreements in writing made
before the expiration of the period previously agreed upon.
    (g)  Erroneous  refunds.  In  any case in which there has
been an erroneous refund of tax payable  under  this  Act,  a
notice of deficiency may be issued at any time within 2 years
from  the  making  of such refund, or within 5 years from the
making of such refund if it appears  that  any  part  of  the
refund  was  induced  by  fraud or the misrepresentation of a
material fact, provided, however,  that  the  amount  of  any
proposed assessment set forth in such notice shall be limited
to the amount of such erroneous refund.
    Beginning  July  1,  1993, in any case in which there has
been a refund of tax payable under this Act attributable to a
net loss carryback as provided for in Section 207,  and  that
refund  is  subsequently determined to be an erroneous refund
due to a reduction in the amount of the net  loss  which  was
originally  carried  back,  a  notice  of  deficiency for the
erroneous refund amount may be issued at any time during  the
same  time  period  in  which  a  notice of deficiency can be
issued on the loss year creating  the  carryback  amount  and
subsequent  erroneous  refund.  The  amount  of  any proposed
assessment set forth in the notice shall be  limited  to  the
amount of such erroneous refund.
    (h)  Time  return  deemed  filed.  For  purposes  of this
Section a tax return filed before the last day prescribed  by
law (including any extension thereof) shall be deemed to have
been filed on such last day.
    (i)  Request  for  prompt determination of liability. For
purposes of Subsection (a)(1), in the case of  a  tax  return
required  under  this Act in respect of a decedent, or by his
estate  during  the  period  of  administration,  or   by   a
corporation,  the period referred to in such Subsection shall
be 18 months after a written request for prompt determination
of liability is filed with the Department (at such  time  and
in   such   form  and  manner  as  the  Department  shall  by
regulations prescribe) by  the  executor,  administrator,  or
other  fiduciary representing the estate of such decedent, or
by such corporation, but not more than 3 years after the date
the return was filed. This Subsection shall not apply in  the
case of a corporation unless:
         (1) (A)  Such    written    request   notifies   the
    Department that the corporation contemplates  dissolution
    at  or before the expiration of such 18-month period, (B)
    the  dissolution  is  begun  in  good  faith  before  the
    expiration  of  such  18-month  period,   and   (C)   the
    dissolution is completed;
         (2) (A)  Such    written    request   notifies   the
    Department that a dissolution  has  in  good  faith  been
    begun, and (B) the dissolution is completed; or
         (3)  A  dissolution  has  been completed at the time
    such written request is made.
    (j)  Withholding tax. In the  case  of  returns  required
under  Article  7  of  this  Act (with respect to any amounts
withheld as tax or any amounts required to have been withheld
as tax) a notice of deficiency shall be issued not later than
3 years after the 15th day of the  4th  month  following  the
close  of  the  calendar  year  in which such withholding was
required.
    (k)  Penalties for failure to make  information  reports.
A   notice  of  deficiency  for  the  penalties  provided  by
Subsection 1405.1(c) of this Act may not be issued more  than
3  years  after  the  due date of the reports with respect to
which the penalties are asserted.
    (l)  Penalty for failure to file withholding returns.   A
notice  of  deficiency for penalties provided by Section 1004
of this  Act  for  taxpayer's  failure  to  file  withholding
returns  may  not  be  issued more than three years after the
15th day of the 4th month following the close of the calendar
year in which  the  withholding  giving  rise  to  taxpayer's
obligation to file those returns occurred.
    (m)  Transferee  liability. A notice of deficiency may be
issued to a transferee relative to a liability asserted under
Section 1405 during time periods defined as follows:
         1)  Initial  Transferee.   In  the   case   of   the
    liability  of  an initial transferee, up to 2 years after
    the expiration of the period of limitation for assessment
    against the transferor, except that if a court proceeding
    for review of the assessment against the  transferor  has
    begun,  then  up  to  2  years  after  the  return of the
    certified copy of the judgment in the court proceeding.
         2)  Transferee of Transferee.  In the  case  of  the
    liability  of  a  transferee,  up  to  2  years after the
    expiration of the period  of  limitation  for  assessment
    against  the  preceding  transferee,  but not more than 3
    years after the expiration of the  period  of  limitation
    for  assessment  against  the  initial transferor; except
    that  if,  before  the  expiration  of  the   period   of
    limitation  for  the  assessment  of the liability of the
    transferee, a court proceeding for the collection of  the
    tax  or  liability  in  respect  thereof  has  been begun
    against the initial  transferor  or  the  last  preceding
    transferee,  as  the  case  may  be,  then  the period of
    limitation  for  assessment  of  the  liability  of   the
    transferee  shall  expire 2 years after the return of the
    certified copy of the judgment in the court proceeding.
    (n)  Notice of decrease in net loss.  On  and  after  the
effective  date  of  this  amendatory Act of the 92nd General
Assembly, no notice of deficiency  shall  be  issued  as  the
result  of a decrease determined by the Department in the net
loss incurred by a taxpayer under Section  207  of  this  Act
unless  the  Department  has  notified  the  taxpayer  of the
proposed decrease within 3 years after the  return  reporting
the loss was filed or within one year after an amended return
reporting an increase in the loss was filed, provided that in
the  case  of  an  amended return, a decrease proposed by the
Department more than 3 years after the  original  return  was
filed  may not exceed the increase claimed by the taxpayer on
the original return.
(Source: P.A. 90-491, eff. 1-1-98; 91-541, eff. 8-13-99.)

    (35 ILCS 5/911) (from Ch. 120, par. 9-911)
    Sec. 911. Limitations on Claims for Refund.
    (a)  In general. Except as  otherwise  provided  in  this
Act:
         (1)  A  claim  for  refund  shall be filed not later
    than 3 years after the date the return was filed (in  the
    case  of  returns  required  under  Article 7 of this Act
    respecting any amounts withheld as tax, not later than  3
    years  after  the 15th day of the 4th month following the
    close of the calendar year in which such withholding  was
    made),  or  one  year  after  the  date the tax was paid,
    whichever is the later; and
         (2)  No credit or refund shall be  allowed  or  made
    with  respect  to  the year for which the claim was filed
    unless such claim is filed within such period.
    (b)  Federal changes.
         (1)  In general.  In any case where notification  of
    an alteration is required by Section 506 (b), a claim for
    refund  may  be  filed  within  2 years after the date on
    which such notification was due  (regardless  of  whether
    such  notice  was  given),  but  the  amount  recoverable
    pursuant  to  a  claim  filed under this Section shall be
    limited to the amount of any overpayment resulting  under
    this Act from recomputation of the taxpayer's net income,
    net loss, or Article 2 credits for the taxable year after
    giving  effect  to  the  item  or  items reflected in the
    alteration required to be reported.
         (2)  Tentative  carryback  adjustments  paid  before
    January 1, 1974. If, as the result of the payment  before
    January   1,   1974  of  a  federal  tentative  carryback
    adjustment, a notification of an alteration  is  required
    under Section 506 (b), a claim for refund may be filed at
    any   time   before  January  1,  1976,  but  the  amount
    recoverable pursuant to a claim filed under this  Section
    shall  be  limited  to  the  amount  of  any  overpayment
    resulting  under  this  Act  from  recomputation  of  the
    taxpayer's  base income for the taxable year after giving
    effect to  the  federal  alteration  resulting  from  the
    tentative   carryback   adjustment  irrespective  of  any
    limitation imposed in paragraph (l) of this subsection.
    (c)  Extension   by   agreement.    Where,   before   the
expiration of the time prescribed in  this  section  for  the
filing  of  a  claim  for refund, both the Department and the
claimant shall have consented in writing to its filing  after
such  time,  such claim may be filed at any time prior to the
expiration of the period agreed upon.  The period  so  agreed
upon may be extended by subsequent agreements in writing made
before  the  expiration of the period previously agreed upon.
In the case of a taxpayer who is a partnership, Subchapter  S
corporation,  or  trust and who enters into an agreement with
the Department  pursuant  to  this  subsection  on  or  after
January  1,  2003,  a  claim  for refund may be issued to the
partners, shareholders, or beneficiaries of the  taxpayer  at
any  time  prior to the expiration of the period agreed upon.
Any refund allowed pursuant to the claim, however,  shall  be
limited  to  the  amount  of any overpayment of tax due under
this Act that results from recomputation of items of  income,
deduction, credits, or other amounts of the taxpayer that are
taken   into   account   by   the  partner,  shareholder,  or
beneficiary in computing its liability under this Act.
    (d)  Limit on amount of credit or refund.
         (1)  Limit where claim filed within  3-year  period.
    If  the claim was filed by the claimant during the 3-year
    period prescribed in subsection (a), the  amount  of  the
    credit  or refund shall not exceed the portion of the tax
    paid within the period, immediately preceding the  filing
    of  the  claim,  equal  to 3 years plus the period of any
    extension of time for filing the return.
         (2)  Limit  where  claim  not  filed  within  3-year
    period.  If the claim was not filed  within  such  3-year
    period,  the  amount  of  the  credit or refund shall not
    exceed the portion of the tax paid during  the  one  year
    immediately preceding the filing of the claim.
    (e)  Time  return  deemed  filed.   For  purposes of this
section a tax return filed before the last day prescribed  by
law  for  the filing of such return (including any extensions
thereof) shall be deemed to have been filed on such last day.
    (f)  No claim for refund based on the taxpayer's taking a
credit for estimated tax payments as provided by Section  601
(b)  (2)  or  for  any  amount paid by a taxpayer pursuant to
Section 602(a) or for any amount of credit for  tax  withheld
pursuant  to Section 701 may be filed more than 3 years after
the due date, as provided by Section 505, of the return which
was required to be filed relative to  the  taxable  year  for
which  the  payments  were  made  or  for  which  the tax was
withheld. The changes in this subsection  (f)  made  by  this
amendatory  Act  of  1987  shall  apply  to all taxable years
ending on or after December 31, 1969.
    (g)  Special Period of Limitation  with  Respect  to  Net
Loss  Carrybacks.    If  the  claim  for refund relates to an
overpayment attributable to a net loss carryback as  provided
by  Section  207,  in lieu of the 3 year period of limitation
prescribed in subsection (a), the period shall be that period
which ends 3 years after  the  time  prescribed  by  law  for
filing  the  return  (including  extensions  thereof) for the
taxable year of the net loss which results in such  carryback
(or,  on and after August 13, 1999 the effective date of this
amendatory Act of the 91st General Assembly, with respect  to
a change in the carryover of an Article 2 credit to a taxable
year  resulting  from  the  carryback  of  a Section 207 loss
incurred in a taxable year beginning on or after  January  1,
2000, the period shall be that period that ends 3 years after
the  time  prescribed by law for filing the return (including
extensions of that time) for that subsequent  taxable  year),
or the period prescribed in subsection (c) in respect of such
taxable year, whichever expires later.  In the case of such a
claim, the amount of the refund may exceed the portion of the
tax  paid within the period provided in subsection (d) to the
extent of the amount of the overpayment attributable to  such
carryback. On and after August 13, 1999 the effective date of
this  amendatory  Act  of  the  91st General Assembly, if the
claim for refund relates to an  overpayment  attributable  to
the  carryover  of  an  Article 2 credit, or of a Section 207
loss, earned, incurred (in a taxable  year  beginning  on  or
after  January  1,  2000),  or  used  in  a  year for which a
notification of a change  affecting  federal  taxable  income
must  be filed under subsection (b) of Section 506, the claim
may be filed within the period prescribed in paragraph (1) of
subsection  (b)  in  respect  of  the  year  for  which   the
notification  is  required.  In the case of such a claim, the
amount of the refund may exceed the portion of the  tax  paid
within the period provided in subsection (d) to the extent of
the   amount   of   the   overpayment   attributable  to  the
recomputation of the taxpayer's Article 2 credits, or Section
207 loss, earned, incurred, or used in the taxable  year  for
which the notification is given.
    (h)  Claim  for  refund  based on net loss.  On and after
the effective date of this amendatory Act of the 92nd General
Assembly, no claim for refund shall be allowed to the  extent
the  refund  is  the result of an amount of net loss incurred
under Section 207 of this Act that was not  reported  to  the
Department   within  3  years  of  the  due  date  (including
extensions) of the return for the loss  year  on  either  the
original return filed by the taxpayer or on amended return.
(Source: P.A. 90-491, eff. 1-1-98; 91-541, eff. 8-13-99.)

    (35 ILCS 5/1501) (from Ch. 120, par. 15-1501)
    Sec. 1501.  Definitions.
    (a)  In  general.  When  used  in  this  Act,  where  not
otherwise  distinctly  expressed  or  manifestly incompatible
with the intent thereof:
         (1)  Business income.  The  term  "business  income"
    means  income  arising  from transactions and activity in
    the regular course of the taxpayer's trade  or  business,
    net  of  the  deductions  allocable thereto, and includes
    income from  tangible  and  intangible  property  if  the
    acquisition,  management, and disposition of the property
    constitute integral parts of the taxpayer's regular trade
    or  business  operations.  Such  term  does  not  include
    compensation or the  deductions  allocable  thereto.  For
    each  taxable year beginning on or after January 1, 2003,
    a taxpayer may elect  to  treat  all  income  other  than
    compensation  as business income.  This election shall be
    made in accordance with rules adopted by  the  Department
    and, once made, shall be irrevocable.
         (2)  Commercial   domicile.   The  term  "commercial
    domicile" means the principal place from which the  trade
    or business of the taxpayer is directed or managed.
         (3)  Compensation.  The  term  "compensation"  means
    wages,  salaries,  commissions  and  any  other  form  of
    remuneration paid to employees for personal services.
         (4)  Corporation.  The  term  "corporation" includes
    associations, joint-stock companies, insurance  companies
    and   cooperatives.   Any  entity,  including  a  limited
    liability  company  formed  under  the  Illinois  Limited
    Liability Company Act, shall be treated as a  corporation
    if it is so classified for federal income tax purposes.
         (5)  Department.  The  term  "Department"  means the
    Department of Revenue of this State.
         (6)  Director.  The  term   "Director"   means   the
    Director of Revenue of this State.
         (7)  Fiduciary.   The   term   "fiduciary"  means  a
    guardian, trustee, executor, administrator, receiver,  or
    any  person  acting  in  any  fiduciary  capacity for any
    person.
         (8)  Financial organization.
              (A)  The term  "financial  organization"  means
         any  bank,  bank  holding  company,  trust  company,
         savings  bank,  industrial  bank,  land  bank,  safe
         deposit  company,  private  banker, savings and loan
         association, building and loan  association,  credit
         union,  currency  exchange,  cooperative bank, small
         loan  company,  sales  finance  company,  investment
         company, or any person which is owned by a  bank  or
         bank  holding  company.   For  the  purpose  of this
         Section a "person" will include only  those  persons
         which a bank holding company may acquire and hold an
         interest  in,  directly  or  indirectly,  under  the
         provisions  of  the Bank Holding Company Act of 1956
         (12 U.S.C. 1841, et seq.), except where interests in
         any  person  must  be  disposed  of  within  certain
         required time limits under the Bank Holding  Company
         Act of 1956.
              (B)  For  purposes  of subparagraph (A) of this
         paragraph, the term "bank" includes (i)  any  entity
         that is regulated by the Comptroller of the Currency
         under  the  National  Bank  Act,  or  by the Federal
         Reserve Board, or by the Federal  Deposit  Insurance
         Corporation   and   (ii)   any  federally  or  State
         chartered bank operating as a credit card bank.
              (C)  For purposes of subparagraph (A)  of  this
         paragraph,  the term "sales finance company" has the
         meaning provided in the following item (i) or (ii):
                   (i)  A person primarily engaged in one  or
              more of the following businesses:  the business
              of   purchasing   customer   receivables,   the
              business  of  making loans upon the security of
              customer receivables, the  business  of  making
              loans   for  the  express  purpose  of  funding
              purchases  of  tangible  personal  property  or
              services by the borrower, or  the  business  of
              finance  leasing.   For  purposes  of this item
              (i), "customer receivable" means:
                   (a)  a  retail  installment  contract   or
              retail  charge  agreement within the meaning of
              the  Sales  Finance  Agency  Act,  the   Retail
              Installment  Sales  Act,  or  the Motor Vehicle
              Retail Installment Sales Act;
                   (b)  an installment,  charge,  credit,  or
              similar  contract or agreement arising from the
              sale of tangible personal property or  services
              in  a  transaction involving a deferred payment
              price  payable  in  one  or  more  installments
              subsequent to the sale; or
                   (c)  the outstanding balance of a contract
              or agreement described in provisions (a) or (b)
              of this item (i).
              A customer  receivable  need  not  provide  for
         payment  of  interest on deferred payments.  A sales
         finance company may purchase a  customer  receivable
         from,   or   make  a  loan  secured  by  a  customer
         receivable  to,   the   seller   in   the   original
         transaction   or  to  a  person  who  purchased  the
         customer receivable directly or indirectly from that
         seller.
                   (ii)  A corporation meeting  each  of  the
              following criteria:
                   (a)  the  corporation  must be a member of
              an "affiliated group"  within  the  meaning  of
              Section  1504(a)  of the Internal Revenue Code,
              determined without regard to Section 1504(b) of
              the Internal Revenue Code;
                   (b)  more than 50% of the gross income  of
              the  corporation  for  the taxable year must be
              interest income derived from qualifying  loans.
              A  "qualifying loan" is a loan made to a member
              of  the  corporation's  affiliated  group  that
              originates  customer  receivables  (within  the
              meaning  of  item  (i))  or  to  whom  customer
              receivables  originated  by  a  member  of  the
              affiliated group have been transferred, to  the
              extent the average outstanding balance of loans
              from   that   corporation  to  members  of  its
              affiliated group during the taxable year do not
              exceed   the   limitation   amount   for   that
              corporation.  The  "limitation  amount"  for  a
              corporation is the average outstanding balances
              during the taxable year of customer receivables
              (within  the meaning of item (i)) originated by
              all members of the affiliated group.    If  the
              average  outstanding balances of the loans made
              by a corporation to members of  its  affiliated
              group   exceed   the   limitation  amount,  the
              interest  income  of  that   corporation   from
              qualifying loans shall be equal to its interest
              income  from loans to members of its affiliated
              groups times a fraction equal to the limitation
              amount  divided  by  the  average   outstanding
              balances  of the loans made by that corporation
              to members of its affiliated group;
                   (c)  the total of all shareholder's equity
              (including, without limitation, paid-in capital
              on common  and  preferred  stock  and  retained
              earnings)  of the corporation plus the total of
              all  of  its   loans,   advances,   and   other
              obligations  payable  or owed to members of its
              affiliated group may  not  exceed  20%  of  the
              total  assets  of  the  corporation at any time
              during the tax year; and
                   (d)  more than 50% of all interest-bearing
              obligations of the affiliated group payable  to
              persons   outside   the   group  determined  in
              accordance with generally  accepted  accounting
              principles   must   be   obligations   of   the
              corporation.
         This  amendatory Act of the 91st General Assembly is
    declaratory of existing law.
              (D)  Subparagraphs  (B)   and   (C)   of   this
         paragraph  are declaratory of existing law and apply
         retroactively, for all tax  years  beginning  on  or
         before  December 31, 1996,  to all original returns,
         to all amended returns filed no later than  30  days
         after  the  effective date of this amendatory Act of
         1996, and to all notices issued  on  or  before  the
         effective  date of this amendatory Act of 1996 under
         subsection (a) of Section  903,  subsection  (a)  of
         Section  904,  subsection  (e)  of  Section  909, or
         Section  912.  A  taxpayer  that  is  a   "financial
         organization"  that  engages in any transaction with
         an affiliate shall be a "financial organization" for
         all purposes of this Act.
              (E)  For all tax years beginning on  or  before
         December  31, 1996, a taxpayer that falls within the
         definition  of  a  "financial  organization"   under
         subparagraphs  (B) or (C) of this paragraph, but who
         does not fall within the definition of a  "financial
         organization"  under the Proposed Regulations issued
         by the Department of Revenue on July 19,  1996,  may
         irrevocably  elect to apply the Proposed Regulations
         for all  of  those  years  as  though  the  Proposed
         Regulations  had been lawfully promulgated, adopted,
         and in effect for all of those years.  For  purposes
         of   applying  subparagraphs  (B)  or  (C)  of  this
         paragraph  to  all  of  those  years,  the  election
         allowed by this subparagraph  applies  only  to  the
         taxpayer making the election and to those members of
         the   taxpayer's  unitary  business  group  who  are
         ordinarily required  to  apportion  business  income
         under the same subsection of Section 304 of this Act
         as  the  taxpayer  making the election.  No election
         allowed by this subparagraph shall be made  under  a
         claim filed under subsection (d) of Section 909 more
         than  30  days  after  the  effective  date  of this
         amendatory Act of 1996.
              (F)  Finance  Leases.   For  purposes  of  this
         subsection, a finance lease shall be  treated  as  a
         loan  or other extension of credit, rather than as a
         lease,  regardless  of  how   the   transaction   is
         characterized  for  any other purpose, including the
         purposes of  any  regulatory  agency  to  which  the
         lessor   is   subject.    A  finance  lease  is  any
         transaction in the form of  a  lease  in  which  the
         lessee  is  treated as the owner of the leased asset
         entitled to any deduction for  depreciation  allowed
         under Section 167 of the Internal Revenue Code.
         (9)  Fiscal  year.  The  term "fiscal year" means an
    accounting period of 12 months ending on the last day  of
    any month other than December.
         (10)  Includes  and  including. The terms "includes"
    and "including" when used in a  definition  contained  in
    this  Act  shall  not  be  deemed to exclude other things
    otherwise within the meaning of the term defined.
         (11)  Internal  Revenue  Code.  The  term  "Internal
    Revenue Code" means the United  States  Internal  Revenue
    Code  of  1954  or  any successor law or laws relating to
    federal income taxes in effect for the taxable year.
         (12)  Mathematical  error.  The  term  "mathematical
    error" includes the following types of errors, omissions,
    or defects in a return filed by a taxpayer which prevents
    acceptance of the return as filed for processing:
              (A)  arithmetic     errors     or     incorrect
         computations on the return or supporting schedules;
              (B)  entries on the wrong lines;
              (C)  omission of required supporting  forms  or
         schedules  or  the  omission  of  the information in
         whole or in part called for thereon; and
              (D)  an attempt to claim, exclude,  deduct,  or
         improperly  report, in a manner directly contrary to
         the provisions of the Act and regulations thereunder
         any item of income, exemption, deduction, or credit.
         (13)  Nonbusiness  income.  The  term   "nonbusiness
    income"  means  all  income other than business income or
    compensation.
         (14)  Nonresident. The term  "nonresident"  means  a
    person who is not a resident.
         (15)  Paid,  incurred and accrued. The terms "paid",
    "incurred" and "accrued" shall be construed according  to
    the  method  of  accounting  upon  the basis of which the
    person's base income is computed under this Act.
         (16)  Partnership    and    partner.    The     term
    "partnership"  includes  a  syndicate, group, pool, joint
    venture or other unincorporated organization, through  or
    by  means  of which any business, financial operation, or
    venture is carried on,  and  which  is  not,  within  the
    meaning  of this Act, a trust or estate or a corporation;
    and  the  term  "partner"  includes  a  member  in   such
    syndicate, group, pool, joint venture or organization.
         The   term   "partnership"   includes   any  entity,
    including a limited liability company  formed  under  the
    Illinois  Limited  Liability Company Act, classified as a
    partnership for federal income tax purposes.
         The term "partnership" does not include a syndicate,
    group,  pool,  joint  venture,  or  other  unincorporated
    organization established for the sole purpose of  playing
    the Illinois State Lottery.
         (17)  Part-year   resident.   The   term  "part-year
    resident" means  an  individual  who  became  a  resident
    during the taxable year or ceased to be a resident during
    the  taxable  year.  Under  Section 1501 (a) (20) (A) (i)
    residence commences with presence in this State for other
    than a temporary or transitory purpose  and  ceases  with
    absence  from  this  State  for other than a temporary or
    transitory purpose. Under Section 1501 (a) (20) (A)  (ii)
    residence commences with the establishment of domicile in
    this  State and ceases with the establishment of domicile
    in another State.
         (18)  Person. The term "person" shall  be  construed
    to  mean  and  include  an  individual,  a trust, estate,
    partnership,  association,  firm,  company,  corporation,
    limited liability company, or fiduciary. For purposes  of
    Section  1301  and 1302 of this Act, a "person" means (i)
    an individual, (ii)  a  corporation,  (iii)  an  officer,
    agent, or employee of a corporation, (iv) a member, agent
    or  employee  of a partnership, or (v) a member, manager,
    employee,  officer,  director,  or  agent  of  a  limited
    liability company who in such capacity commits an offense
    specified in Section 1301 and 1302.
         (18A)  Records.  The  term  "records"  includes  all
    data  maintained  by  the  taxpayer,  whether  on  paper,
    microfilm,  microfiche,  or  any type of machine-sensible
    data compilation.
         (19)  Regulations. The term  "regulations"  includes
    rules promulgated and forms prescribed by the Department.
         (20)  Resident. The term "resident" means:
              (A)  an individual (i) who is in this State for
         other  than a temporary or transitory purpose during
         the taxable year; or (ii) who is domiciled  in  this
         State  but  is absent from the State for a temporary
         or transitory purpose during the taxable year;
              (B)  The estate of a decedent who at his or her
         death was domiciled in this State;
              (C)  A trust created by a will  of  a  decedent
         who at his death was domiciled in this State; and
              (D)  An irrevocable trust, the grantor of which
         was  domiciled  in this State at the time such trust
         became   irrevocable.   For    purpose    of    this
         subparagraph,    a   trust   shall   be   considered
         irrevocable to the extent that the  grantor  is  not
         treated  as  the  owner  thereof  under Sections 671
         through 678 of the Internal Revenue Code.
         (21)  Sales.  The  term  "sales"  means  all   gross
    receipts  of  the  taxpayer  not allocated under Sections
    301, 302 and 303.
         (22)  State. The term  "state"  when  applied  to  a
    jurisdiction other than this State means any state of the
    United States, the District of Columbia, the Commonwealth
    of Puerto Rico, any Territory or Possession of the United
    States,   and  any  foreign  country,  or  any  political
    subdivision of any of the foregoing.  For purposes of the
    foreign tax credit under Section 601,  the  term  "state"
    means  any  state  of  the United States, the District of
    Columbia,  the  Commonwealth  of  Puerto  Rico,  and  any
    territory or possession of  the  United  States,  or  any
    political  subdivision of any of the foregoing, effective
    for tax years ending on or after December 31, 1989.
         (23)  Taxable year. The term  "taxable  year"  means
    the  calendar year, or the fiscal year ending during such
    calendar year, upon the basis of which the base income is
    computed under this Act. "Taxable  year"  means,  in  the
    case  of  a  return  made for a fractional part of a year
    under the provisions of this Act, the  period  for  which
    such return is made.
         (24)  Taxpayer. The term "taxpayer" means any person
    subject to the tax imposed by this Act.
         (25)  International   banking  facility.   The  term
    international  banking  facility  shall  have  the   same
    meaning as is set forth in the Illinois Banking Act or as
    is  set  forth  in  the  laws  of  the  United  States or
    regulations of the Board  of  Governors  of  the  Federal
    Reserve System.
         (26)  Income Tax Return Preparer.
              (A)  The  term  "income  tax  return  preparer"
         means  any  person who prepares for compensation, or
         who employs one  or  more  persons  to  prepare  for
         compensation,  any return of tax imposed by this Act
         or any claim for refund of tax imposed by this  Act.
         The preparation of a substantial portion of a return
         or   claim  for  refund  shall  be  treated  as  the
         preparation of that return or claim for refund.
              (B)  A person  is  not  an  income  tax  return
         preparer if all he or she does is
                   (i)  furnish typing, reproducing, or other
              mechanical assistance;
                   (ii)  prepare   returns   or   claims  for
              refunds for the employer by whom he or  she  is
              regularly and continuously employed;
                   (iii)  prepare  as  a fiduciary returns or
              claims for refunds for any person; or
                   (iv)  prepare claims  for  refunds  for  a
              taxpayer   in   response   to   any  notice  of
              deficiency  issued  to  that  taxpayer  or   in
              response to any waiver of restriction after the
              commencement of an audit of that taxpayer or of
              another  taxpayer  if  a  determination  in the
              audit  of  the  other  taxpayer   directly   or
              indirectly  affects  the  tax  liability of the
              taxpayer whose claims he or she is preparing.
         (27)  Unitary business  group.   The  term  "unitary
    business  group" means a group of persons related through
    common ownership whose business activities are integrated
    with, dependent upon and contribute to each  other.   The
    group  will  not  include  those  members  whose business
    activity outside the United States is 80% or more of  any
    such  member's  total  business activity; for purposes of
    this paragraph and clause (a) (3)  (B)  (ii)  of  Section
    304,  business activity within the United States shall be
    measured by means of the  factors  ordinarily  applicable
    under  subsections  (a), (b), (c), (d), or (h) of Section
    304 except  that,  in  the  case  of  members  ordinarily
    required  to  apportion business income by means of the 3
    factor formula of property, payroll and  sales  specified
    in  subsection  (a) of Section 304, including the formula
    as weighted  in  subsection  (h)  of  Section  304,  such
    members shall not use the sales factor in the computation
    and  the  results  of  the  property  and  payroll factor
    computations of subsection (a) of Section  304  shall  be
    divided  by  2  (by one if either the property or payroll
    factor  has  a  denominator  of  zero).  The  computation
    required by the preceding sentence shall, in  each  case,
    involve  the  division of the member's property, payroll,
    or revenue miles in the United States, insurance premiums
    on property or risk in the United  States,  or  financial
    organization  business  income  from  sources  within the
    United States, as the case  may  be,  by  the  respective
    worldwide  figures  for  such items.  Common ownership in
    the case  of  corporations  is  the  direct  or  indirect
    control  or ownership of more than 50% of the outstanding
    voting stock of the persons carrying on unitary  business
    activity.   Unitary  business  activity can ordinarily be
    illustrated where the activities of the members are:  (1)
    in  the  same  general  line  (such   as   manufacturing,
    wholesaling,  retailing  of  tangible  personal property,
    insurance, transportation or finance); or (2)  are  steps
    in a vertically structured enterprise or process (such as
    the   steps   involved   in  the  production  of  natural
    resources,  which  might  include  exploration,   mining,
    refining,  and  marketing);  and, in either instance, the
    members are functionally integrated through the  exercise
    of  strong  centralized  management  (where, for example,
    authority over such matters as purchasing, financing, tax
    compliance,  product  line,  personnel,   marketing   and
    capital  investment  is  not  left to each member). In no
    event, however, will any unitary business  group  include
    members   which  are  ordinarily  required  to  apportion
    business income under different  subsections  of  Section
    304 except that for tax years ending on or after December
    31,  1987  this  prohibition shall not apply to a unitary
    business group composed of one or more taxpayers  all  of
    which  apportion  business  income pursuant to subsection
    (b) of Section 304, or all of  which  apportion  business
    income  pursuant  to subsection (d) of Section 304, and a
    holding company  of  such  single-factor  taxpayers  (see
    definition of "financial organization" for rule regarding
    holding  companies  of  financial  organizations).   If a
    unitary business  group  would,  but  for  the  preceding
    sentence, include members that are ordinarily required to
    apportion  business income under different subsections of
    Section 304, then for each subsection of Section 304  for
    which  there  are  two  or more members, there shall be a
    separate unitary business group composed of such members.
    For purposes of the preceding two sentences, a member  is
    "ordinarily  required to apportion business income" under
    a particular subsection of Section 304  if  it  would  be
    required  to  use  the apportionment method prescribed by
    such subsection except  for  the  fact  that  it  derives
    business  income  solely  from  Illinois.  If the unitary
    business group members' accounting  periods  differ,  the
    common  parent's  accounting  period  or,  if there is no
    common parent, the accounting period of the  member  that
    is  expected  to have, on a recurring basis, the greatest
    Illinois income tax liability must be used  to  determine
    whether  to  use  the  apportionment  method  provided in
    subsection (a) or subsection (h)  of  Section  304.   The
    prohibition  against  membership  in  a  unitary business
    group for  taxpayers  ordinarily  required  to  apportion
    income  under  different  subsections of Section 304 does
    not apply to taxpayers required to apportion income under
    subsection (a) and subsection (h) of  Section  304.   The
    provisions  of  this  amendatory Act of 1998 apply to tax
    years ending on or after December 31, 1998.
         (28)  Subchapter   S    corporation.     The    term
    "Subchapter  S corporation" means a corporation for which
    there is in effect an election under Section 1362 of  the
    Internal  Revenue  Code,  or for which there is a federal
    election to opt out of the provisions of the Subchapter S
    Revision Act of 1982 and have applied instead  the  prior
    federal Subchapter S rules as in effect on July 1, 1982.

    (b)  Other definitions.
         (1)  Words  denoting  number,  gender, and so forth,
    when used in this Act,  where  not  otherwise  distinctly
    expressed  or  manifestly  incompatible  with  the intent
    thereof:
              (A)  Words importing the singular  include  and
         apply to several persons, parties or things;
              (B)  Words  importing  the  plural  include the
         singular; and
              (C)  Words  importing  the   masculine   gender
         include the feminine as well.
         (2)  "Company"   or   "association"   as   including
    successors   and   assigns.   The   word   "company"   or
    "association",  when  used in reference to a corporation,
    shall be deemed to  embrace  the  words  "successors  and
    assigns  of  such  company  or  association", and in like
    manner as if these last-named words, or words of  similar
    import, were expressed.
         (3)  Other  terms.  Any  term used in any Section of
    this Act with  respect  to  the  application  of,  or  in
    connection  with,  the provisions of any other Section of
    this Act shall have the same meaning  as  in  such  other
    Section.
(Source:  P.A.  90-613,  eff.  7-9-98;  91-535,  eff. 1-1-00;
91-913, eff. 1-1-01.)
    Section 7.  The Property Tax Code is amended by  changing
Sections 9-195 and 15-60 as follows:

    (35 ILCS 200/9-195)
    Sec. 9-195.  Leasing of exempt property.
    (a)  Except  as provided in Sections 15-35, 15-55, 15-60,
15-100, and  15-103,  when  property  which  is  exempt  from
taxation  is  leased to another whose property is not exempt,
and the leasing of which does not make the property  taxable,
the leasehold estate and the appurtenances shall be listed as
the  property  of the lessee thereof, or his or her assignee.
Taxes on that property shall be collected in the same  manner
as  on  property  that is not exempt, and the lessee shall be
liable for those taxes.  However, no tax lien shall attach to
the exempt real estate. The changes made by  this  amendatory
Act  of  1997  and by this amendatory Act of the 91st General
Assembly  are declaratory of existing law and  shall  not  be
construed  as  a  new  enactment.  The changes made by Public
Acts 88-221  and  88-420  that  are  incorporated  into  this
Section  by  this  amendatory  Act of 1993 are declarative of
existing law and are not a new enactment.
    (b)  The provisions of this Section regarding taxation of
leasehold interests in exempt property do not  apply  to  any
leasehold   interest  created  pursuant  to  any  transaction
described in subsection  (e)  of  Section  15-35,  subsection
(c-5)  of Section 15-60, subsection (b) of Section 15-100, or
Section 15-103.
(Source: P.A. 90-562, eff. 12-16-97; 91-513, eff. 8-13-99.)

    (35 ILCS 200/15-60)
    Sec.  15-60.   Taxing  district  property.  All  property
belonging to any county or municipality used exclusively  for
the  maintenance  of  the  poor is exempt, as is all property
owned by a taxing district that  is  being  held  for  future
expansion  or  development,  except  if  leased by the taxing
district to lessees for use for other than public purposes.
    Also exempt are:
    (a)  all swamp  or  overflowed  lands  belonging  to  any
county;
    (b)  all   public  buildings  belonging  to  any  county,
township, or municipality,  with  the  ground  on  which  the
buildings are erected;
    (c)  all  property  owned  by  any  municipality  located
within  its incorporated limits.  Any such property leased by
a  municipality  shall  remain  exempt,  and  the   leasehold
interest  of the lessee shall be assessed under Section 9-195
of this Act, (i) for a lease entered into on or after January
1, 1994,  unless  the  lease  expressly  provides  that  this
exemption  shall  not apply; (ii) for a lease entered into on
or after the effective date of Public Act 87-1280 and  before
January  1,  1994,  unless  the lease expressly provides that
this exemption shall not apply or unless evidence other  than
the  lease  itself substantiates the intent of the parties to
the lease that this exemption shall not apply; and (iii)  for
a  lease entered into before the effective date of Public Act
87-1280, if the terms of the lease do not bind the lessee  to
pay  the  taxes on the leased property or if, notwithstanding
the terms  of  the  lease,  the  municipality  has  filed  or
hereafter files a timely exemption petition or complaint with
respect  to  property  consisting  of or including the leased
property for an assessment year which includes part or all of
the first 12 months  of  the  lease  period.   The  foregoing
clause (iii) added by Public Act 87-1280 shall not operate to
exempt property for any assessment year as to which no timely
exemption  petition  or  complaint  has  been  filed  by  the
municipality  or  as  to  which  an  administrative  or court
decision   denying   exemption   has   become    final    and
nonappealable.  For  each  assessment year or portion thereof
that property is made exempt by operation  of  the  foregoing
clause (iii), whether such year or portion is before or after
the  effective  date  of  Public  Act  87-1280, the leasehold
interest of the lessee shall,  if  necessary,  be  considered
omitted property for purposes of this Act;
    (c-5)  Notwithstanding  clause (i) of subsection (c), all
property owned by  a  municipality  with  a  population  over
500,000  that  is  used for toll road or toll bridge purposes
and that is leased for those purposes to another entity whose
property is not exempt shall remain exempt, and any leasehold
interest in the property shall not  be  subject  to  taxation
under Section 9-195 of this Act;
    (d)  all  property  owned  by  any  municipality  located
outside  its  incorporated  limits but within the same county
when used  as  a  tuberculosis  sanitarium,  farm  colony  in
connection with a house of correction, or nursery, garden, or
farm,   or   for  the  growing  of  shrubs,  trees,  flowers,
vegetables, and plants for use in  beautifying,  maintaining,
and  operating  playgrounds, parks, parkways, public grounds,
buildings,  and  institutions  owned  or  controlled  by  the
municipality; and
    (e)  all property owned by a  township  and  operated  as
senior  citizen  housing under Sections 35-50 through 35-50.6
of the Township Code.
    All property owned by any  municipality  outside  of  its
corporate  limits is exempt if used exclusively for municipal
or public purposes.
    For purposes of this  Section,  "municipality"   means  a
municipality,  as  defined  in  Section 1-1-2 of the Illinois
Municipal Code.
(Source: P.A. 89-165, eff. 1-1-96; 90-176, eff. 1-1-98.)

    Section 10.  The Illinois Municipal Code  is  amended  by
changing Section 8-11-6 as follows:
    (65 ILCS 5/8-11-6) (from Ch. 24, par. 8-11-6)
    Sec. 8-11-6.  Home Rule Municipal Use Tax Act.
    (a)  The   corporate   authorities   of   a   home   rule
municipality may impose a tax upon the privilege of using, in
such  municipality,  any  item  of tangible personal property
which is purchased at retail from a retailer,  and  which  is
titled  or  registered  at  a  location  within the corporate
limits of such home rule municipality with an agency of  this
State's  government,  at a rate which is an increment of 1/4%
and based on the selling  price  of  such  tangible  personal
property,  as  "selling price" is defined in the Use Tax Act.
In  home  rule  municipalities  with  less   than   2,000,000
inhabitants,  the  tax shall be collected by the municipality
imposing the tax from  persons  whose  Illinois  address  for
titling  or  registration  purposes is given as being in such
municipality.
    (b)  In home rule municipalities with 2,000,000  or  more
inhabitants,  the  corporate  authorities of the municipality
may additionally impose a tax beginning July 1, 1991 upon the
privilege of using in the municipality, any item of  tangible
personal  property,  other  than  tangible  personal property
titled  or  registered  with  an  agency   of   the   State's
government,  that  is  purchased  at  retail  from a retailer
located outside the corporate limits of the municipality,  at
a  rate  that  is  an  increment of 1/4% not to exceed 1% and
based on the selling price of the tangible personal property,
as "selling price" is defined in the Use Tax Act.   Such  tax
shall  be collected from the purchaser or the retailer either
by the municipality imposing such tax or by the Department of
Revenue pursuant to an agreement between the  Department  and
the municipality.
    To prevent multiple home rule taxation, the use in a home
rule  municipality  of  tangible  personal  property  that is
acquired outside the municipality and caused  to  be  brought
into the municipality by a person who has already paid a home
rule  municipal tax in another municipality in respect to the
sale, purchase, or use of that property, shall be  exempt  to
the  extent of the amount of the tax properly due and paid in
the other home rule municipality.
    (c)  If  a  municipality   having   2,000,000   or   more
inhabitants  imposes  the  tax  authorized by subsection (a),
then the tax shall be collected by the Illinois Department of
Revenue when the property  is  purchased  at  retail  from  a
retailer  in  the  county in which the home rule municipality
imposing the tax is located, and in all contiguous  counties.
The  tax  shall  be  remitted  to  the State, or an exemption
determination must be obtained from the Department before the
title or certificate of registration for the property may  be
issued.   The tax or proof of exemption may be transmitted to
the Department by way of the  State  agency  with  which,  or
State  officer with whom, the tangible personal property must
be titled or registered if the Department and that agency  or
State officer determine that this procedure will expedite the
processing of applications for title or registration.
    The  Department  shall  have full power to administer and
enforce this Section to  collect  all  taxes,  penalties  and
interest  due  hereunder,  to dispose of taxes, penalties and
interest so collected in the manner hereinafter provided, and
determine all rights to credit memoranda or  refunds  arising
on  account  of  the  erroneous  payment  of  tax, penalty or
interest hereunder.  In the administration of and  compliance
with  this Section the Department and persons who are subject
to  this  Section  shall  have  the  same  rights,  remedies,
privileges, immunities, powers and duties, and be subject  to
the same conditions, restrictions, limitations, penalties and
definitions  of terms, and employ the same modes of procedure
as are prescribed in Sections 2  (except  the  definition  of
"retailer  maintaining a place of business in this State"), 3
(except provisions pertaining to the State rate of  tax,  and
except  provisions  concerning collection or refunding of the
tax by retailers), 4, 11, 12, 12a, 14, 15, 19, 20, 21 and  22
of  the  Use  Tax  Act,  which are not inconsistent with this
Section,  as  fully  as  if  provisions  contained  in  those
Sections of the Use Tax Act were set forth herein.
    Whenever the Department determines that a refund shall be
made under this Section to a claimant instead  of  issuing  a
credit  memorandum,  the  Department  shall  notify the State
Comptroller, who shall cause the order to be  drawn  for  the
amount   specified,   and   to  the  person  named,  in  such
notification from the Department.  Such refund shall be  paid
by  the  State  Treasurer  out  of  the  home  rule municipal
retailers' occupation tax fund.
    The Department shall forthwith  pay  over  to  the  State
Treasurer,  ex  officio, as trustee, all taxes, penalties and
interest collected hereunder.  On or before the 25th  day  of
each calendar month, the Department shall prepare and certify
to  the  State Comptroller the disbursement of stated sums of
money to  named  municipalities,  the  municipality  in  each
instance  to  be  that municipality from which the Department
during  the  second  preceding  calendar   month,   collected
municipal  use tax from any person whose Illinois address for
titling or registration purposes is given as  being  in  such
municipality.   The  amount  to  be paid to each municipality
shall  be  the  amount  (not  including   credit   memoranda)
collected  hereunder  during  the  second  preceding calendar
month by the Department, and not including an amount equal to
the amount  of  refunds  made  during  the  second  preceding
calendar   month   by   the  Department  on  behalf  of  such
municipality, less the  amount  expended  during  the  second
preceding  month  by  the  Department  to  be  paid  from the
appropriation to the Department from the Home Rule  Municipal
Retailers'  Occupation  Tax Trust Fund.  The appropriation to
cover the costs incurred by the Department  in  administering
and  enforcing this Section shall not exceed 2% of the amount
estimated to  be  deposited  into  the  Home  Rule  Municipal
Retailers'  Occupation  Tax Trust Fund during the fiscal year
for which the appropriation is made.  Within  10  days  after
receipt   by   the  State  Comptroller  of  the  disbursement
certification to the  municipalities  provided  for  in  this
Section   to  be  given  to  the  State  Comptroller  by  the
Department, the State Comptroller shall cause the  orders  to
be  drawn  for  the respective amounts in accordance with the
directions contained in that certification.
    Any ordinance imposing or discontinuing  any  tax  to  be
collected  and  enforced by the Department under this Section
shall be adopted and a certified copy thereof filed with  the
Department  on  or before October 1, whereupon the Department
of Revenue shall  proceed  to  administer  and  enforce  this
Section  on behalf of the municipalities as of January 1 next
following such adoption and filing.  Beginning April 1, 1998,
any  ordinance  imposing  or  discontinuing  any  tax  to  be
collected and enforced by the Department under  this  Section
shall  either  (i)  be  adopted  and a certified copy thereof
filed with the Department on or before April 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the municipalities  as  of  July  1
next  following  the  adoption and filing; or (ii) be adopted
and a certified copy thereof filed with the Department on  or
before  October  1, whereupon the Department of Revenue shall
proceed to administer and enforce this Section on  behalf  of
the  municipalities  as  of  January  1  next  following  the
adoption and filing.
    Nothing  in this subsection (c) shall prevent a home rule
municipality from collecting the tax pursuant  to  subsection
(a)  in  any situation where such tax is not collected by the
Department of Revenue under this subsection (c).
    (d)  Any unobligated balance remaining in  the  Municipal
Retailers'  Occupation  Tax  Fund on December 31, 1989, which
fund was abolished by Public Act 85-1135, and all receipts of
municipal tax as a result  of  audits  of  liability  periods
prior  to  January  1,  1990,  shall  be  paid into the Local
Government Tax Fund, for distribution  as  provided  by  this
Section  prior  to  the  enactment of Public Act 85-1135. All
receipts of municipal tax as a result of  an  assessment  not
arising from an audit, for liability periods prior to January
1, 1990, shall be paid into the Local Government Tax Fund for
distribution before July 1, 1990, as provided by this Section
prior  to  the  enactment  of  Public Act 85-1135, and on and
after July 1, 1990, all such receipts shall be distributed as
provided in Section 6z-18 of the State Finance Act.
    (e)  As   used   in   this   Section,   "Municipal"   and
"Municipality" means a city, village  or  incorporated  town,
including  an  incorporated town which has superseded a civil
township.
    (f)  This Section shall be known and may be cited as  the
Home Rule Municipal Use Tax Act.
(Source: P.A. 91-51, eff. 6-30-99; 92-221, eff. 8-2-01.)

    Section  90.  The State Mandates Act is amended by adding
Section 8.26 as follows:

    (30 ILCS 805/8.26 new)
    Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
and  8 of this Act, no reimbursement by the State is required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 92nd General Assembly.
    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
                            INDEX
           Statutes amended in order of appearance
35 ILCS 5/201             from Ch. 120, par. 2-201
35 ILCS 5/202             from Ch. 120, par. 2-202
35 ILCS 5/203             from Ch. 120, par. 2-203
35 ILCS 5/209
35 ILCS 5/502             from Ch. 120, par. 5-502
35 ILCS 5/506             from Ch. 120, par. 5-506
35 ILCS 5/601.1           Ch. 120, par. 6-601.1
35 ILCS 5/701             from Ch. 120, par. 7-701
35 ILCS 5/905             from Ch. 120, par. 9-905
35 ILCS 5/911             from Ch. 120, par. 9-911
35 ILCS 5/1501            from Ch. 120, par. 15-1501
    Passed in the General Assembly June 02, 2002.
    Approved August 23, 2002.
    Effective August 23, 2002.

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