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Rep. Martha Deuter
Filed: 3/19/2026
| | 10400HB4841ham001 | | LRB104 18803 HLH 35693 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4841
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4841 by replacing |
| 3 | | everything after the enacting clause with the following: |
| 4 | | "Section 5. The Illinois Income Tax Act is amended by |
| 5 | | changing 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 |
| 9 | | December 31, 2001 and until the taxable year ending on |
| 10 | | December 31, 2036 December 31, 2026, a taxpayer who makes a |
| 11 | | donation under Section 7.28 of the Illinois Housing |
| 12 | | Development Act is entitled to a credit against the tax |
| 13 | | imposed by subsections (a) and (b) of Section 201 in an amount |
| 14 | | equal to 50% of the value of the donation. For taxable years |
| 15 | | ending before December 31, 2023, partners, shareholders of |
| 16 | | subchapter S corporations, and owners of limited liability |
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| 1 | | companies (if the limited liability company is treated as a |
| 2 | | partnership for purposes of federal and State income taxation) |
| 3 | | are entitled to a credit under this Section to be determined in |
| 4 | | accordance with the determination of income and distributive |
| 5 | | share of income under Sections 702 and 703 and subchapter S of |
| 6 | | the Internal Revenue Code. For taxable years ending on or |
| 7 | | after December 31, 2023, partners and shareholders of |
| 8 | | subchapter S corporations are entitled to a credit under this |
| 9 | | Section as provided in Section 251. Persons or entities not |
| 10 | | subject to the tax imposed by subsections (a) and (b) of |
| 11 | | Section 201 and who make a donation under Section 7.28 of the |
| 12 | | Illinois Housing Development Act are entitled to a credit as |
| 13 | | described in this subsection and may transfer that credit as |
| 14 | | described in subsection (c). |
| 15 | | (b) If the amount of the credit exceeds the tax liability |
| 16 | | for the year, the excess may be carried forward and applied to |
| 17 | | the tax liability of the 5 taxable years following the excess |
| 18 | | credit year. The tax credit shall be applied to the earliest |
| 19 | | year for which there is a tax liability. If there are credits |
| 20 | | for more than one year that are available to offset a |
| 21 | | liability, the earlier credit shall be applied first. |
| 22 | | (c) The transfer of the tax credit allowed under this |
| 23 | | Section may be made (i) to the purchaser of land that has been |
| 24 | | designated solely for affordable housing projects in |
| 25 | | accordance with the Illinois Housing Development Act or (ii) |
| 26 | | to another donor who has also made a donation in accordance |
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| 1 | | with Section 7.28 of the Illinois Housing Development Act. |
| 2 | | (d) A taxpayer claiming the credit provided by this |
| 3 | | Section must maintain and record any information that the |
| 4 | | Department may require by regulation regarding the project for |
| 5 | | which the credit is claimed. When claiming the credit provided |
| 6 | | by this Section, the taxpayer must provide information |
| 7 | | regarding the taxpayer's donation to the project under the |
| 8 | | Illinois Housing Development Act. |
| 9 | | (Source: P.A. 102-16, eff. 6-17-21; 102-175, eff. 7-29-21; |
| 10 | | 103-396, eff. 1-1-24.) |
| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law.". |