Section 565.70 Determination of Amount and Term of the
Credit
a) A
taxpayer is entitled to a credit against the tax imposed under subsections (a)
and (b) of Section 201 of the Illinois Income Tax Act for taxable years
beginning on or after January 1, 2026. The Department may award credits under the
Act on and after January 1, 2027. [35 ILCS 65/77-25(a)]
b) The
credit amount shall be determined based on the total amount of the capital
improvement investment made by the taxpayer:
1) A
capital improvement investment of $10,000,000 or more but less than $50,000,000
shall result in a maximum credit of 3% of the capital improvement amount;
2) A
capital improvement investment of $50,000,000 or more but less than
$100,000,000 shall result in a maximum credit of 5% of the capital improvement
amount;
3) A
capital improvement investment of $100,000,000 or more shall result in a
maximum credit of 7% of the capital improvement amount.
c) Projects
may be granted tax credit awards that reflect investments made within a maximum
5-year period. [35 ILCS 65/77-25(e)]
d) Credits
awarded under the Act shall not reduce a taxpayer's liability for the
tax imposed by subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act to less than zero. [35 ILCS 65/77-25(b)]
e) Unused
credit may be carried forward for a maximum of 10 years for use in future
taxable years. [35 ILCS 65/77-25(b)]
f) Any
taxpayer qualifying for credits under the Act shall not be eligible for
the credits under subsections (e), (f), or (h) of Section 201 of the Illinois
Income Tax Act for the same expenditures for the same taxable period. [35
ILCS 65/77-25(b)]
g) The
Department shall certify to the Department of Revenue:
1) the
identity of taxpayers that are eligible to receive tax credits under the
Act; and
2) the
amount of the credits awarded in each calendar year.
h) Credits
so earned and certified by the Department may be applied against the tax
imposed by subsections (a) and (b) of Section 201 of the Illinois Income Tax
Act for taxable years beginning on or after January 1, 2026. [35 ILCS
65/77-25(c)]