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Full Text of HB4841
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HB4841 - 104th General Assembly
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Introduced
House Amendment 001
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Introduced
House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4841
Introduced , by Rep. Martha Deuter
SYNOPSIS AS INTRODUCED:
35 ILCS 5/214
Amends the Illinois Income Tax Act. Provides that the tax credit for
affordable housing donations applies permanently. Effective immediately.
LRB104 18803 HLH 32246 b
A BILL FOR
HB4841
LRB104 18803 HLH 32246 b
1
AN ACT concerning revenue.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
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)
For
Beginning with
taxable years ending on or after
9
December 31, 2001
and until the taxable year ending on
10
December 31, 2026
, a taxpayer who makes a donation under
11
Section 7.28 of the Illinois Housing Development Act is
12
entitled to a credit against the tax imposed by subsections
13
(a) and (b) of Section 201 in an amount equal to 50% of the
14
value of the donation. For taxable years ending before
15
December 31, 2023, partners, shareholders of subchapter S
16
corporations, and owners of limited liability companies (if
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the limited liability company is treated as a partnership for
18
purposes of federal and State income taxation) are entitled to
19
a credit under this Section to be determined in accordance
20
with the determination of income and distributive share of
21
income under Sections 702 and 703 and subchapter S of the
22
Internal Revenue Code. For taxable years ending on or after
23
December 31, 2023, partners and shareholders of subchapter S
HB4841
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LRB104 18803 HLH 32246 b
1
corporations are entitled to a credit under this Section as
2
provided in Section 251. Persons or entities not subject to
3
the tax imposed by subsections (a) and (b) of Section 201 and
4
who make a donation under Section 7.28 of the Illinois Housing
5
Development Act are entitled to a credit as described in this
6
subsection and may transfer that credit as described in
7
subsection (c).
8
(b) If the amount of the credit exceeds the tax liability
9
for the year, the excess may be carried forward and applied to
10
the tax liability of the 5 taxable years following the excess
11
credit year. The tax credit shall be applied to the earliest
12
year for which there is a tax liability. If there are credits
13
for more than one year that are available to offset a
14
liability, the earlier credit shall be applied first.
15
(c) The transfer of the tax credit allowed under this
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Section may be made (i) to the purchaser of land that has been
17
designated solely for affordable housing projects in
18
accordance with the Illinois Housing Development Act or (ii)
19
to another donor who has also made a donation in accordance
20
with Section 7.28 of the Illinois Housing Development Act.
21
(d) A taxpayer claiming the credit provided by this
22
Section must maintain and record any information that the
23
Department may require by regulation regarding the project for
24
which the credit is claimed. When claiming the credit provided
25
by this Section, the taxpayer must provide information
26
regarding the taxpayer's donation to the project under the
HB4841
- 3 -
LRB104 18803 HLH 32246 b
1
Illinois Housing Development Act.
2
(e) This Section is exempt from the provisions of Section
3
250.
4
(Source: P.A. 102-16, eff. 6-17-21; 102-175, eff. 7-29-21;
5
103-396, eff. 1-1-24
.)
6
Section 99.
Effective date.
This Act takes effect upon
7
becoming law.
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