The Senate Revenue committee did not meet this week. The committee cancelled a hearing scheduled for February 14.
The Senate Revenue committee is scheduled to hold its next hearing on February 21. The linked
bills have been posted for committee consideration next week.
SB 2604, an initiative of the Illinois Chamber of Commerce Tax Institute has been posted for committee consideration next week. This legislation amends the Uniform Penalty and Interest to provide for an automatic abatement of the underpayment penalty if, upon audit, a taxpayer is determined to have paid 95% of the required tax. The legislation also reduces the underpayment penalty to 15% in all cases. Currently, the maximum underpayment penalty is 20%.
It is unclear as of today which of the posted bills will actually be considered by the Senate Revenue committee next week.
Today is the filing deadline for new legislation. As a result, there has been a flood of legislation filed this week. A number of the Chamber Tax Institute legislative initiatives were introduced this week and those bills are highlighted below. There a number of other initiatives that were not introduced by this morning. Next week's newsletter will contain a complete list of our initiatives, along with bill numbers and sponsors.
New Legislation:
Amends the Department of Revenue Law of the Civil Administrative Code of Illinois. Provides that, subject to appropriation, the Department shall establish a rebate program for the purchase of emissions-free electric motorcycles in the State. Provides that the rebate amount shall not exceed $900 per motorcycle. Effective July 1, 2018.
Amends the Illinois Income Tax Act. Creates a deduction in an amount equal to the wages paid to an Illinois-licensed teacher attributable to his or her employment as a teacher in any grade from pre-K through grade 12 at an Illinois public school. Provides that the deduction is exempt from the Act's automatic sunset provision.
HB 4756 - Conroy
Amends the Illinois Income Tax Act. Provides that the credit for student assistance contributions sunsets on December 30, 2025 (instead of December 30, 2020). Provides that the credit for student-assistance contributions may not exceed $1,000 (currently, $500) per contributing employee per taxable year.
Amends the Property Tax Code. In provisions concerning tax objections based on budget or appropriation ordinances, provides that no objection to any property tax levied by any municipality or county (rather than by any municipality) shall be sustained by any court under certain conditions. Removes forest preserve districts having a population of 3,000,000 or more from the definition of "municipality" in those provisions.
Amends the Illinois Vehicle Code. Repeals a provision providing for the collection of an annual commercial distribution fee on vehicles of the second division weighing more than 8,000 pounds. Makes conforming changes.
Amends the Property Tax Code. Provides that, if the county board of a county with fewer than 3,000,000 inhabitants passes an ordinance providing that provisions of the Code concerning erroneous homestead exemptions shall apply in that county, then those provisions shall apply in that county beginning in the first tax year to occur after the effective date of the ordinance. Contains provisions concerning an amnesty period for those counties.
Amends the Illinois Income Tax Act. Creates a deduction in an amount equal to the difference between (i) the amount paid by the taxpayer in property taxes during the taxable year and (ii) $10,000, but not to exceed $5,000 per taxpayer in any taxable year.
mends the Illinois Income Tax Act. Creates the Lincoln-Douglas Historic Tax Credit. Provides that a taxpayer is entitled to a credit of up to 25% of the qualified expenditures incurred by the taxpayer for a qualified rehabilitation of a historic structure located in a Lincoln-Douglas debate community.
Amends the Property Tax Code. Provides that a regional water treatment facility shall be certified by providing to the Department of Revenue proof of a valid facility number issued by the Illinois Environmental Protection Agency. Repeals a Section concerning applications for approval as a water treatment facility.
Amends the Illinois Income Tax Act. Provides that a Personal Property Tax Replacement Income Tax in an additional amount equal to 7.5% of its net income shall be imposed on limited liability companies. Deletes language that exempts investment partnerships from a Personal Property Tax Replacement Income Tax.
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that surplus tax revenues may be used to pay for costs of special education, social services, and other costs of a public school district. Provides that for municipalities with a population of over 1,000,000, redevelopment project costs include public school district qualified workers, costs of providing special educational facilities and services, school psychological services, and school social work services, and any surplus balance in the special tax allocation fund at the end of the fiscal year shall be used for these workers, facilities, and services. Removes provisions allowing anticipated redevelopment project costs to be deemed surplus funds.
Amends the Property Tax Code. Requires county collectors to adopt a single bidder rule sufficient to prohibit a tax purchaser from registering more than one related bidding entity. Provides that violation of a single bidder rule is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Provides that a second or subsequent offense shall operate as a bar to any future participation in tax sales within Illinois.
Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a municipality that has not extended property taxes for any purpose for a continuous 5-year period immediately preceding the tax year of the initial levy may establish an initial levy without resort to referendum, but not to exceed an aggregate rate of 0.25% and further subject to the Truth in Taxation Law.
Amends the Illinois Income Tax Act. Increases the maximum amount of the education expense credit to $1,500 (currently, $750). Adds athletic fees, driver's education fees, and fees and costs associated with certain out-of-school activities to the list of qualified education expenses.
mends the Special Service Area Tax Law in the Property Tax Code. Provides that a list of the names and addresses of the individuals and entities receiving a mailed notice of the public hearing concerning the establishment of a special service area shall be published at the time notice is given and shall be available at the public hearing. Provides that no special service area may be created or enlarged; no special service area tax may be levied, imposed, or increased; and no bonds may be issued in connection with a special service area, unless an authorization petition is filed with the municipal clerk or county clerk.
Amends the Property Tax Code. In provisions concerning payments from the Indemnity Fund, provides that the indemnity amount is limited to the fair cash value of the property as of the date the tax deed was issued (currently, fair cash value of the property) less any mortgages or liens on the property.
Amends the Property Tax Code. Provides that school-approved nonprofit dormitory or residence halls occupied in whole or in part by students who belong to fraternities, sororities, or other campus organizations are exempt.
Amends the Property Tax Code. Creates the Natural Disaster Home Repair Assistance Homestead Exemption. Creates a homestead exemption for homestead property that meets the following criteria: (1) the property sustains damage as a result a natural disaster occurring in assessment year 2017 or any assessment year thereafter; and (2) the homeowner incurs costs to repair that damage during the assessment year for which the exemption is sought. Provides that the exemption is a reduction in the equalized assessed value of the property in an amount equal to the costs incurred by the homeowner, but not to exceed $5,000 per year.
Amends the Illinois Income Tax Act. Creates a credit in an amount equal to the qualified adoption expenses paid or incurred by a taxpayer who, during the taxable year, legally adopts a child who was in the custody of the Department of Children and Family Services. Provides that the credit may not exceed $2,500 for each such child. Creates an income tax checkoff for the Helping Illinois Youth in Care Income Tax Checkoff Fund. Amends the State Finance Act to create the Fund.
Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy years 2019 and later, for school districts, the "aggregate extension base" is the greater of (A) the district's last preceding aggregate extension limit or (B) the district's last preceding aggregate extension, subject to certain adjustments. Provides that the term "aggregate extension limit" means the district's last preceding aggregate extension if the taxing district had utilized the maximum limiting rate permitted without referendum for each of the 3 immediately preceding levy years.
Amends the Property Tax Code. Creates the School District Extension Freeze Law. Provides that, if at the end of any levy year, a school district has reserves of 50% or more in its educational fund, then the school district's extension for educational purposes may not exceed its extension for the previous levy year. Provides that, if the school district has reserves of 60% or more at the end of the immediately preceding levy year, then the district's extension for educational purposes shall be reduced by an amount equal to the difference between the district's educational reserve amount for the immediately preceding levy year and a reserve amount of 60% for that levy year.
Amends the Property Tax Code. Provides that a person who has been granted a senior citizens homestead exemption need not reapply for the exemption.
Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, if, at the end of any levy year, a taxing district has reserves of 50% or more of its operating budget for that levy year, then, for the next levy year, "extension limitation" means 0% or the rate of increase approved by the voters. Preempts the power of home rule units to tax.
Amends the Property Tax Code. Creates the School District Extension Freeze Law. Provides that, if at the end of any levy year, a school district has reserves of 50% or more of its operating budget, then the school district's extension for all purposes may not exceed its extension for the previous levy year. Provides that, if the school district has reserves of 60% or more at the end of the immediately preceding levy year, then the district's extension shall be reduced by an amount equal to the difference between the district's reserve amount for the immediately preceding levy year and a reserve amount of 60% for that levy year.
This bill is an Illinois Chamber of Commerce Tax Institute initiative. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act to extend the Manufacturing Machinery and Equipment Exemption to production related tangible personal property. Provides that the term "production related tangible personal property" includes certain supplies and consumables used in a manufacturing facility.
This bill is an Illinois Chamber of Commerce Tax Institute initiative. Amends the Illinois Income Tax Act. Creates an income tax credit in an amount equal to 1% of the expenses claimed by the taxpayer as a federal income tax deduction pursuant to Section 179 of the Internal Revenue Code for the tax year. Provides that the taxpayer may sell, assign, or transfer the credit. Provides that the maximum aggregate amount of credits awarded for those purposes may not exceed $45,000,000 in any calendar year. Amends the Uniform Penalty and Interest Act to provide that, if the amount of the credit is reduced because the claims for credit exceed the maximum aggregate amount of the credit, then no underpayment penalty or interest shall accrue on the additional tax so long as the additional tax is paid within 60 days after the notice of reduction.
This bill is an Illinois Chamber of Commerce Tax Institute initiative. Amends the Illinois False Claims Act. Provides that no court has jurisdiction over a civil action relating to or involving a false claim regarding certain tax acts administered by the Department of Revenue unless the action is brought by the Attorney General. Provides that the Department of Revenue has the sole authority to bring an administrative action and that the Attorney General has the sole authority to bring a judicial action under the Act for a false claim, statement, or record pertaining to certain taxes administered by the Department of Revenue. Contains provisions concerning reporting, investigative, and enforcement procedures for allegations of false claims pertaining to certain taxes. Contains provisions governing the payment of rewards to persons who provide information that leads to recovery of funds under the new provisions. Provides that the appeal of a determination regarding an award may be appealed exclusively to the Court of Claims and must be filed within 30 days of the determination of the award. Makes other changes, including a corresponding change in the Court of Claims Act.
Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that no tax shall be imposed under the Act for persons dying on or after the effective date or for transfers made on or after the effective date.
Amends the Department of Revenue Law of the Civil Administrative Code of Illinois. Provides that the Department of Revenue shall be responsible for collecting any use or occupation taxes imposed by a unit of local government on online sales of tangible personal property.
Amends the Economic Development for a Growing Economy Tax Credit Act. Repeals provisions allowing an applicant to move its operations from one location in the State to another location in the State for the purpose of expanding the operation. Provides that an employee of the Taxpayer who was previously employed in Illinois by the Taxpayer and whose employment was shifted to the project after the Taxpayer entered into the Agreement is not considered a new employee for purposes of the Act.
This bill is an Illinois Chamber of Commerce Tax Institute initiative. Amends the Uniform Penalty and Interest Act. Provides that the penalty for failure to pay the tax shown due or required to be shown due on a return shall be 15% (instead of 20%) of any amount that is paid after the date the Department of Revenue has initiated an audit or investigation of the taxpayer. Provides that the penalty shall be abated if the taxpayer paid to the Department at least 95% of the final liability resulting from an audit or investigation prior to the initiation of the audit or investigation. Effective January 1, 2019.
Amends the Property Tax Code. Provides that, if there is a revision or correction affecting the assessed value of property that is used as a comparable property for the purposes of determining the assessed value of the taxpayer's property, then an assessment complaint may be filed with respect to the taxpayer's property within one year after the assessment for the comparable property is revised or corrected. Requires the chief county assessment officer and each township or multi-township assessor to post certain information on the assessor's Internet website. Provides that the chief county assessment officer is responsible for the accuracy of any information posted on the website. Provides that, if the information posted on the website contains an error with respect to the assessed value of comparable property, then an assessment complaint may be filed within one year after the taxpayer discovers, or through the use of reasonable diligence should have discovered, the error.
Amends the Illinois Income Tax Act. Creates a credit for taxpayers who, for at least 27 weeks during the taxable year, employ a disabled individual. Sets forth the amount of the credit based on the average number of hours per week that the disabled individual worked. Provides that the credit may not be carried forward or back and may not reduce the taxpayer's liability to less than zero. Requires the Department of Revenue, in cooperation with the Department of Human Services, to adopt rules concerning the credit, including criteria for designating an employee as a "disabled individual".
Amends the Renewable Engergy, Engery Efficiency, and Coal Resources Development Law of 1997, the Cigarette Machine Operators' Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco Products Tax Act of 1995, the Hotel Operators' Occupation Tax Act, the Live Adult Entertainment Facility Surcharge Act, the Illinois Hydraulic Fracturing Tax Act, the Motor Fuel Tax Law, the Gas Revenue Tax Act, the Public Utilities Revenue Act, the Telecommunications Excise Tax Act, the Electricity Excise Tax Law, the Illinois Pull Tabs and Jar Games Act, the Bingo License and Tax Act, the Charitable Games Act, the Liquor Control Act of 1934, the Energy Assistance Act, the Environmental Protection Act, the Environmental Impact Fee Law, and the Drycleaner Environmental Response Trust Fund Act. Provides that, if a payment provided for under one of those Acts exceeds the taxpayer's liability under that Act, then the taxpayer may credit the excess payment against liability subsequently to be remitted to the Department of Revenue.
mends the State Finance Act, the Counties Code, the Illinois Municipal Code, the Metro-East Park and Recreation District Act, the Local Mass Transit District Act, the Regional Transportation Authority Act, and the Water Commission Act of 1985. In provisions concerning disbursement of moneys collected for specified local taxes, removes provisions requiring 2% of those moneys be transferred into the Tax Compliance and Administration Fund.
Amends the Property Tax Code. Provides that, in the case of an error on the part of the newspaper publishing an advertisement of judgment hearing, the collector may notify any taxpayer affected by the error with a corrected notice via certified mail.
Amends the Illinois Income Tax Act. Creates an income tax credit for qualified education expenses incurred by employers on behalf of qualifying apprentices.
Amends the Property Tax Code. Provides that, for the 2016 taxable year and thereafter, the exemption for veterans with disabilities carries over to the surviving spouse of a veteran who was killed in the line of duty in the current taxable year or any preceding taxable year. Provides that, for the 2015 taxable year and thereafter, the exemption for veterans with disabilities carries over to the surviving spouse of a veteran who did not obtain the exemption before death, but who would have qualified for the exemption in the current taxable year if he or she had survived. Changes the definition of "qualified residence".
Amends the Illinois Income Tax Act. Creates a credit in an amount equal to 50%, but not to exceed $2,500, of the costs incurred by the taxpayer during the taxable year in connection with the practice of hydroponics.
mends the Property Tax Code and the Code of Civil Procedure. Provides that a purchaser of a property shall publish a notice in a newspaper published in that municipality or, if the property is not in a municipality or no newspaper is published in the municipality, then the purchaser shall publish a notice in a newspaper in the county (regardless of the property being located in a municipality in a county with less than 3,000,000 inhabitants). Makes conforming changes.
Amends the Illinois Income Tax Act. Changes the definition of "applicant" and "related member". Provides that the annual allowable amounts shall be allocated by the Department of Commerce and Economic Opportunity if any portion of the unused allocated amount at the end of the first 3 calendar quarters of a calendar year (rather than 2 calendar quarters) are rolled into the total allocated amount for the next calendar quarter. Provides that the annual allowable amounts shall be allocated by the Department if tax credits for investments in minority-owned businesses, women-owned businesses, businesses owned by a person with a disability, or a business in a county with a population of 250,000 or less are limited to the first 3 calendar quarters of a calendar year and after which investors may claim the tax credits of any qualified new business venture.
Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall issue a report by June 30, 2019 to the Governor and the General Assembly evaluating the degree to which tax exemptions and incentives offered under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, and the Electricity Excise Tax Law spur job growth and economic development. Directs the Department of Revenue to provide such information as the Department of Commerce and Economic Opportunity may request. Repeals the Section on June 30, 2020.
This bill is an Illinois Chamber of Commerce initiative. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, and the Electricity Excise Tax Law. Provides that the Department of Commerce and Economic Opportunity shall issue certificates of exemption to qualified Illinois data centers. Provides that qualified tangible personal property used in the construction or operation of a certified data center is exempt from the taxes imposed under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act. Provides that certified data centers are exempt from the tax imposed under the Electricity Excise Tax Law.
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that for redevelopment project areas created on and after the effective date of the amendatory Act, "blighted areas" must have a household median income of 100% or less of the area median income, as defined by the U.S. Department of Housing and Urban Development, in addition to the other requirements for "blighted areas". Provides that on or after January 1, 2019, tax increment revenues may be utilized for jointly undertaken and performed redevelopment projects only in an amount equal to the percentage of eligible costs undertaken within the redevelopment project area that received the revenue. Provides that tax increment revenues received in one redevelopment project area may not be used for eligible costs in another redevelopment project area on or after January 1, 2019 and tax increment revenues may not be transferred to another redevelopment project area on or after January 1, 2019. Provides that if there are any contracts or agreements in force on the effective date of the amendatory Act, tax increment revenues may continue to be used or transferred to another redevelopment project area or utilized for jointly undertaken and performed redevelopment projects after January 1, 2019 only to the extent necessary to comply with the contract or agreement.
Amends the Economic Development for a Growing Economy Tax Credit Act. Removes provisions concerning conditions that the Business Investment Committee shall determine exist in order for the Committee to make its recommendation that an Applicant's application for Credit should or should not be accepted.
This bill is an Illinois Chamber of Commerce Tax Institute initiative supported by the Illinois Department of Revenue. Amends the Illinois Independent Tax Tribunal Act of 2012. Expands the jurisdiction of the Tribunal to include the County Motor Fuel Tax Law, the Live Adult Entertainment Facility Surcharge Act, the Vehicle Use Tax, the Metropolitan Pier and Exposition Authority Food and Beverage Tax, the Tire User Fee, the Chicago Soft Drink Tax, the Drycleaning Solvent Tax, the Energy Assistance Act of 1989, the Qualified Solid Waste Fee, the Illinois Hydraulic Fracturing Tax Act, or the Medical Cannabis Cultivation Privilege Tax Law. Provides for additional procedures, including automatic remand.
Amends the Property Tax Code. Provides that, beginning with the 2017 valuation year, publication of an individual listing of assessment in a newspaper is not required for each parcel which meets the requirements for an individual notification if a list is published on a county-controlled website.
Amends the Illinois Income Tax Act. Creates an income tax credit in an amount equal to the amount paid by the taxpayer during the taxable year for the purpose of purchasing acoustical materials, other materials, labor, and professional services to soundproof a residential home located at an eligible address against aircraft noise generated by an airport governed by the provisions of the Permanent Noise Monitoring Act. Provides that the credit may not reduce the taxpayer's liability to less than zero; however, the credit may be carried forward. Provides that the credit is exempt from the Act's automatic sunset provisions.
Amends the Property Tax Code. In a Section concerning the Senior Citizens Assessment Freeze Homestead Exemption, provides that, for taxable year 2017 and thereafter, the maximum income limitation is $75,000 (currently, $65,000).
mends the Property Tax Code. Changes the definition of "solar energy system". Defines "allowance for physical depreciation", "commercial solar energy system", "commercial solar energy system real property cost basis", "ground installation", "trending factor", and "trended real property cost basis". Provides the equation for the fair cash value of commercial solar energy systems in counties with fewer than 3,000,000 inhabitants. Provides exemptions for specific commercial solar energy systems property. Provides that the owner of the land the ground installation commercial solar energy system is constructed upon may request a metes and bounds survey description of the area and provides the procedures for such a request. Provides the equation for the fair cash value per acre of a parcel of land where a commercial solar energy system is installed. Provides that any real property assessed as farmland in the year prior to valuation shall return to being assessed as farmland in the year after the commercial solar energy system has been removed and the property is returned to farm use.
Amends the Illinois Income Tax Act. Provides that the research and development applies on a permanent basis. Provides that the credit may be carried forward for a period of 20 years (instead of 5 years). Makes changes concerning the calculation of the credit. Reinstates the training expense credit. Provides that the credit shall be 2.5% of such training expenses. Creates an apprenticeship income tax credit. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that the manufacturing and assembling machinery and equipment exemption includes production related tangible personal property. Provides that the exemption for coal and aggregate exploration, mining, off-highway hauling, processing, maintenance, and reclamation equipment applies on a permanent basis.
Amends the Illinois False Claims Act. Provides that a Section imposing liability for certain acts does not apply to any taxes imposed, collected, or administered by the State of Illinois (instead of to claims, records, or statements made under the Illinois Income Tax Act).
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that the exemption for coal and aggregate exploration, mining, off-highway hauling, processing, maintenance, and reclamation equipment is exempt from the Acts' automatic sunset provisions.
Amends the Department of Revenue Law of the Civil Administrative Code of Illinois. Provides that, in addition to any other method of payment provided for by law, the Department shall accept payment for any tax imposed by the State and administered by the Department by cryptocurrency. Provides that the Department shall convert such payments to United States dollars at the prevailing rate within 24 hours after receipt of the payment and shall credit the taxpayer's account with the converted dollar amount.
Amends the Illinois Income Tax Act. Provides that the Department of Revenue, with the assistance of the Department of Commerce and Economic Opportunity, shall examine the investment credit and the research and development credit to determine the impact that each of these credits has on the creation and retention of jobs, and report its findings to the Governor and the General Assembly on or before December 1, 2019. Provides that the Department of Revenue, with the assistance of the Department of Commerce and Economic Opportunity, shall examine each credit against a tax imposed under the Illinois Income Tax Act on and after the effective date of this amendatory Act to determine the impact that each credit has on the creation and retention of jobs, including, but not limited to, any stated job creation goals, and report its findings for each credit to the Governor and the General Assembly on or before 3 years after the effective date of the credit in question, and on or before every 3 years thereafter.
Amends the Property Tax Code. Creates an assessment freeze homestead exemption for persons receiving federal Supplemental Security Income. Provides that, for taxable years 2018 and thereafter, the maximum reduction under the senior citizens homestead exemption is $9,000 in counties with 3,000,000 or more inhabitants and $6,000 in all other counties. Provides that, for taxable years 2018 and thereafter, the maximum reduction under the general homestead exemption is $12,000 in counties with 3,000,000 or more inhabitants and $8,000 in all other counties.
Creates the Illinois Rehabilitation and Revitalization Tax Credit Act. Creates a credit against taxes imposed under the Illinois Income Tax Act and the Illinois Insurance Code in an aggregate amount equal to 20% of qualified expenditures incurred by a qualified taxpayer pursuant to a qualified rehabilitation plan on a qualified structure, provided that the total amount of such qualified expenditures exceeds the greater of $5,000 or the adjusted basis of the property. Contains provisions concerning the transfer of credits. Sets forth the maximum annual amount of credits that may be approved by the Department of Commerce and Economic Opportunity. Amends the Illinois Income Tax Act and the Illinois Insurance Code to make conforming changes.
Amends the Property Tax Code. Provides that, if a veteran (i) was a member of the United States Armed Forces, (ii) is 70 years of age or older during the taxable year, and (iii) has a household income of less than $65,000, then property that is used as a qualified residence by the veteran is exempt from taxation under the Code.
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that for redevelopment project areas created on and after the effective date of the amendatory Act, "blighted areas" must have a household median income of 100% or less of the area median income, as defined by the U.S. Department of Housing and Urban Development, in addition to the other requirements for "blighted areas". Provides that on or after January 1, 2019, tax increment revenues may be utilized for jointly undertaken and performed redevelopment projects only in an amount equal to the percentage of eligible costs undertaken within the redevelopment project area that received the revenue. Provides that tax increment revenues received in one redevelopment project area may not be used for eligible costs in another redevelopment project area on or after January 1, 2019 and tax increment revenues may not be transferred to another redevelopment project area on or after January 1, 2019. Provides that if there are any contracts or agreements in force on the effective date of the amendatory Act, tax increment revenues may continue to be used or transferred to another redevelopment project area or utilized for jointly undertaken and performed redevelopment projects after January 1, 2019 only to the extent necessary to comply with the contract or agreement.
mends the Retailers' Occupation Tax Act. Provides that female and male condoms, incontinence products, diapers, and baby wipes shall be taxed by the State at a rate of 1% (currently, 6.25%). Provides that the net revenue from the 1% tax collected from the sale of those products shall be deposited into the State and Local Sales Tax Reform Fund. Amends the Use Tax, Service Occupation Tax, and Service Occupation Use Tax Acts to make conforming changes.
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, on or after July 1, 2018 and on or before December 31, 2019, the taxes imposed under the Acts apply to 80% of the proceeds of sales of mid-range ethanol blends. Defines mid-range ethanol blend.
This bill is an Illinois Chamber of Commerce Tax Institute initiative.
Amends the Revised Uniform Unclaimed Property Act. Provides that certain property is presumed abandoned after 5 (instead of 3) years. Provides that any property due or owed by a business association to or for the benefit of another business association resulting from a transaction occurring in the normal and ordinary course of business is exempt from the Act. Provides that an action or proceeding may not be maintained by the State Treasurer ("administrator") to enforce the Act in regard to the reporting, delivery, or payment of property more than 5 years after the holder filed a non-fraudulent report with the administrator (instead of 10 after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property). Deletes language providing that in the absence of a report or other express notice, the period of limitation is tolled, and that the period of limitation is also tolled by the filing of a report that is fraudulent. Provides instead that the parties may agree to extend the limitation period. Provides that the administrator may not commence an action, proceeding, or examination with respect to a duty of a holder under the Act more than 10 years after the duty arose. Provides that in the absence of certain records the administrator may use specified estimation techniques. Provides that within 60 business days of the receipt of a final examination report, a holder may request a hearing to contest the use or validity of estimation techniques. Deletes provisions concerning the administrator's authority to contract with another to conduct an examination. Provides instead that the administrator may not enter into a contract with a person to conduct an examination of a holder under which the administrator agrees to pay the person a fee based upon a percentage of the property recovered for this State. Deletes language providing that an initial report filed under the Act for property that was not required to be reported before the effective date of the Act, but that is required to be reported under the Act, must include all items of property that would have been presumed abandoned during the 5-year period preceding the effective date of the Act as if the Act had been in effect during that period.
Amends the Property Tax Code. Provides that the Senior Citizens Assessment Freeze Homestead Exemption also applies to qualified first responders. Provides that the term "qualified first responder" means a firefighter or police officer who is at least 50 years of age during the taxable year and receives retirement or disability benefits from his or her service as a firefighter or police officer.
Amends the Property Tax Code. Provides that, for the 2018 through 2021 levy years, the Property Tax Extension Limitation Law applies to all non-home rule taxing districts. Provides that, for the 2018 through 2021 levy year, the extension limitation under the Property Tax Extension Limitation Law is 0% or the rate of increase approved by the voters. Amends the State Mandates Act to require implementation without reimbursement.
Amends the Property Tax Code. Provides that, beginning January 1, 2020, all counties with less than 3,000,000 inhabitants shall use a uniform property index number based on a format prescribed by the Department of Revenue. Makes changes concerning qualifications for township or multi-township assessors and supervisors of assessments. Provides that certain notices shall be posted on the Department of Revenue's official website. Provides that the effective date of a certificate for designation as a pollution control facility shall be the date of recommendation by the Illinois Environmental Protection Agency to the Illinois Pollution Control Board. Provides that physical or paper transfer tax stamps shall be phased out and eliminated by December 31, 2021. Amends the State Tax Lien Registration Act and the Senior Citizens Real Estate Tax Deferral Act to provide that certain taxes deferred under the Senior Citizens Real Estate Tax Deferral program shall be included in the registry.
Amends the State Tax Lien Registration Act. Provides that the notice of tax lien shall also include the county or counties where the real property of the debtor to which the lien will attached is located. Provides that a tax lien that is filed in the registry shall be attached to all of the existing and after-acquired real and personal property of the debtor.
mends the Property Tax Code. In a Section concerning notice of application for judgment and sale, provides that, in the case of a drainage or retention basin serving a residential common area, notice shall also be given to each residential homeowner whose property is served by that drainage or retention basin.
mends the Property Tax Code. Makes changes concerning the maximum reduction under the general homestead exemption for life care facilities. Provides that those changes are declarative of existing law.
SB 3111 - Holmes
This bill is an Illinois Chamber of Commerce Tax Institute initiative. Amends the Illinois Income Tax Act. Creates an income tax credit in an amount equal to 1% of the expenses claimed by the taxpayer as a federal income tax deduction pursuant to Section 179 of the Internal Revenue Code for the tax year. Provides that the taxpayer may sell, assign, or transfer the credit. Provides that the maximum aggregate amount of credits awarded for those purposes may not exceed $30,000,000 in any calendar year. Amends the Uniform Penalty and Interest Act to provide that, if the amount of the credit is reduced because the claims for credit exceed the maximum aggregate amount of the credit, then no underpayment penalty or interest shall accrue on the additional tax so long as the additional tax is paid within 60 days after the notice of reduction.
This bill is an Illinois Chamber of Commerce Tax Institute initiative. This bill repeals the income tax "throwback" rule. mends the Illinois Income Tax Act. For the purpose of calculating the sales factor when allocating business income of persons other than residents, removes provisions providing that the sale is in this State if the property is shipped from an office, store, warehouse, factory or other place of storage in this State and the purchaser is not taxable in the State of the purchaser. Removes provisions concerning purchasers who are doing business on a premises owned or leased by a person who has independently contracted with the seller for the printing of newspapers, periodicals or books. Removes provisions providing that sales of tangible personal property are not in this State if the seller and purchaser would be members of the same unitary business group but for the fact that either the seller or purchaser is a person with 80% or more of total business activity outside of the United States and the property is purchased for resale.
Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall issue a report by June 30, 2019 to the Governor and the General Assembly evaluating the degree to which tax exemptions and incentives offered under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, and the Electricity Excise Tax Law spur job growth and economic development. Directs the Department of Revenue to provide such information as the Department of Commerce and Economic Opportunity may request. Repeals the Section on June 30, 2020.
Amends the Illinois Income Tax Act. Allows an income tax credit for each individual taxpayer who is a teacher teaching in a school in Illinois. Provides that the amount of the credit is equal to 50% of the eligible classroom expenses made by the taxpayer during the taxable year, but the credit may not exceed $500. Defines "eligible classroom expenses" as the aggregate amount of nonreimbursed classroom expenses made by the taxpayer during the taxable year less $250. Provides that the credit may not be carried forward or back and may not reduce the taxpayer's liability to less than zero.
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Cigarette Tax Act, and the Cigarette Use Tax Act. Provides that a taxpayer is prohibited from introducing into evidence in a proceeding before the Department of Revenue, Tax Tribunal, or court any books or records that the taxpayer failed to produce to the Department for examination, unless the books and records are received by the Department no less than 5 business days prior to seeking introduction of the books and records in the proceeding. Sets forth penalties for failure to keep or produce certain books and records. Requires distributors and secondary distributors who purchase cigarettes for shipment into Illinois from a point outside this State to make the invoices available for inspection upon demand by a duly authorized employee of the Department. Provides that the Department may assess taxes, penalties, and interest on original packages of cigarettes that do not contain property tax stamps. Provides that, if a person fails to produce records for inspection by the Department upon request, a prima facie presumption shall arise that the person has failed to keep the records so required. Provides that the sale of individual or loose cigarettes is prohibited. Amends the Tobacco Products Tax Act of 1995 to make changes concerning penalties for failure to keep and produce books and records.
This year for the first time, we will offer one hour of ethics training credit. Tax Institute member law firm Horwood Marcus & Berk has volunteered to present ethics training at our June 12 meeting.
