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Full Text of SB2097
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SB2097 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2097
Introduced 2/6/2025, by Sen. Erica Harriss
SYNOPSIS AS INTRODUCED:
35 ILCS 5/246 new
Amends the Illinois Income Tax Act. Creates an income tax credit in an
amount equal to the foster care expenses, not to exceed $1,000 in any
taxable year, paid or incurred by the taxpayer with respect to a qualified
dependent child. Provides that the credit may be prorated. Effective
immediately.
LRB104 09844 HLH 19912 b
A BILL FOR
SB2097
LRB104 09844 HLH 19912 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
adding Section 246 as follows:
6
(35 ILCS 5/246 new)
7
Sec. 246.
Foster care credit.
8
(a) For taxable years beginning on or after January 1,
9
2025, there shall be allowed a credit against the tax imposed
10
by subsections (a) and (b) of Section 201 of this Act in an
11
amount equal to the foster care expenses paid or incurred, not
12
to exceed $1,000 in any taxable year, for each qualifying
13
dependent child legally cared for by the foster care parent in
14
Illinois. The tax credit under this Section may be claimed for
15
the taxable year in which the foster care parent becomes the
16
legal guardian of a foster child. The taxpayer must be under
17
contract with the Department of Children and Family Services
18
and providing care to the qualifying dependent child for at
19
least 6 months during the taxable year to receive the full
20
credit. If the taxpayer is under contract with the Department
21
of Children and Family Services and providing care to the
22
qualifying dependent child for less than 6 months during the
23
taxable year, then the taxpayer is entitled to a credit in an
SB2097
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LRB104 09844 HLH 19912 b
1
amount equal to: the lesser of (i) the foster care expenses
2
paid or incurred by the taxpayer or (ii) $1,000; multiplied by
3
a fraction the numerator of which is the number of days during
4
the taxable year during which the taxpayer is under contract
5
with the Department of Children and Family Services and
6
providing care to the qualifying dependent child and the
7
denominator of which is 365.
8
(b) In no event shall a credit under this Section reduce a
9
taxpayer's liability to less than zero. If the amount of the
10
credit exceeds the tax liability for the year, the excess may
11
be carried forward and applied to the tax liability for the 5
12
taxable years following the excess credit year. The tax credit
13
shall be applied to the earliest year for which there is a tax
14
liability. If there are credits for more than one year that are
15
available to offset liability, the earlier credit shall be
16
applied first.
17
(c) The Department of Children and Family Services, in
18
collaboration with the Department of Revenue, shall adopt any
19
necessary rules to implement this Section.
20
(d) As used in this Section, "qualifying dependent child"
21
means a person who is an Illinois resident in the custody of
22
the Department of Children and Family Services who is the
23
foster child of the taxpayer seeking a credit under this
24
Section.
25
(e) This Section is exempt from the provisions of Section
26
250.
SB2097
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LRB104 09844 HLH 19912 b
1
Section 99.
Effective date.
This Act takes effect upon
2
becoming law.
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