Rep. Martha Deuter

Filed: 3/19/2026

 

 


 

 


 
10400HB4841ham001LRB104 18803 HLH 35693 a

1
AMENDMENT TO HOUSE BILL 4841

2    AMENDMENT NO. ______. Amend House Bill 4841 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Income Tax Act is amended by
5changing Section 214 as follows:
 
6    (35 ILCS 5/214)
7    Sec. 214. Tax credit for affordable housing donations.
8    (a) Beginning with taxable years ending on or after
9December 31, 2001 and until the taxable year ending on
10December 31, 2036 December 31, 2026, a taxpayer who makes a
11donation under Section 7.28 of the Illinois Housing
12Development Act is entitled to a credit against the tax
13imposed by subsections (a) and (b) of Section 201 in an amount
14equal to 50% of the value of the donation. For taxable years
15ending before December 31, 2023, partners, shareholders of
16subchapter S corporations, and owners of limited liability

 

 

10400HB4841ham001- 2 -LRB104 18803 HLH 35693 a

1companies (if the limited liability company is treated as a
2partnership for purposes of federal and State income taxation)
3are entitled to a credit under this Section to be determined in
4accordance with the determination of income and distributive
5share of income under Sections 702 and 703 and subchapter S of
6the Internal Revenue Code. For taxable years ending on or
7after December 31, 2023, partners and shareholders of
8subchapter S corporations are entitled to a credit under this
9Section as provided in Section 251. Persons or entities not
10subject to the tax imposed by subsections (a) and (b) of
11Section 201 and who make a donation under Section 7.28 of the
12Illinois Housing Development Act are entitled to a credit as
13described in this subsection and may transfer that credit as
14described in subsection (c).
15    (b) If the amount of the credit exceeds the tax liability
16for the year, the excess may be carried forward and applied to
17the tax liability of the 5 taxable years following the excess
18credit year. The tax credit shall be applied to the earliest
19year for which there is a tax liability. If there are credits
20for more than one year that are available to offset a
21liability, the earlier credit shall be applied first.
22    (c) The transfer of the tax credit allowed under this
23Section may be made (i) to the purchaser of land that has been
24designated solely for affordable housing projects in
25accordance with the Illinois Housing Development Act or (ii)
26to another donor who has also made a donation in accordance

 

 

10400HB4841ham001- 3 -LRB104 18803 HLH 35693 a

1with Section 7.28 of the Illinois Housing Development Act.
2    (d) A taxpayer claiming the credit provided by this
3Section must maintain and record any information that the
4Department may require by regulation regarding the project for
5which the credit is claimed. When claiming the credit provided
6by this Section, the taxpayer must provide information
7regarding the taxpayer's donation to the project under the
8Illinois Housing Development Act.
9(Source: P.A. 102-16, eff. 6-17-21; 102-175, eff. 7-29-21;
10103-396, eff. 1-1-24.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".