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Full Text of SB3535
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SB3535 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3535
Introduced 2/5/2026, by Sen. Chapin Rose
SYNOPSIS AS INTRODUCED:
35 ILCS 5/246 new
Amends the Illinois Income Tax Act. Creates an income tax credit for
each taxpayer that is an eligible small employer in an amount equal to the
amount paid during the taxable year by the eligible small employer to its
employees as paid leave that is required by the Paid Leave for All Workers
Act. Provides that an eligible small employer is an employer that employs
50 or fewer employees during the taxable year and is subject to the Paid
Leave for All Workers Act. Effective January 1, 2027.
LRB104 16201 HLH 29862 b
A BILL FOR
SB3535
LRB104 16201 HLH 29862 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.
Credit for paid leave.
8
(a) The General Assembly finds that:
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(1) Small businesses are the backbone of Illinois'
10
economy, providing goods, services, and jobs in
11
communities across the State.
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(2) An overwhelming majority (86%) of Americans have a
13
positive view of small business.
14
(3) Small businesses with less than 50 employees
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comprise 76% of Illinois businesses and employ 30% of
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Illinois' workforce.
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(4) The Paid Leave for All Workers Act shifted the
18
fiscal and economic cost of the State's policy goals onto
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small, Main Street business, the ones least able to pay
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for it.
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(5) Small businesses are struggling due to ever
22
increasing business and operational costs, including those
23
imposed by the Paid Leave for All Workers mandate.
SB3535
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LRB104 16201 HLH 29862 b
1
(b) Therefore, for taxable years beginning on or after
2
January 1, 2027, each taxpayer that is an eligible small
3
employer is entitled to a credit against the taxes imposed by
4
subsections (a) and (b) of Section 201 in an amount equal to
5
the amount paid during the taxable year by the eligible small
6
employer to its employees as paid leave that is required by the
7
Paid Leave for All Workers Act. In no event may the credit
8
under this Section exceed more than 40 hours of paid leave for
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each employee of the eligible small employer in any calendar
10
year.
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(c) In no event shall a credit under this Section reduce a
12
taxpayer's liability to less than zero. If the amount of
13
credit exceeds the tax liability for the year, the excess may
14
be carried forward and applied to the tax liability for the 5
15
taxable years following the excess credit year. The tax credit
16
shall be applied to the earliest year for which there is a tax
17
liability. If there are credits for more than one year that are
18
available to offset liability, the earlier credit shall be
19
applied first.
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(d) For partners and shareholders of Subchapter S
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corporations, the provisions of Section 251 shall apply with
22
respect to the credit under this Section.
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(e) This Section is exempt from the provisions of Section
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250.
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(f) As used in this Section:
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"Eligible small employer" means an employer that employs
SB3535
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LRB104 16201 HLH 29862 b
1
50 or fewer full-time equivalent employees during the taxable
2
year and that is subject to the Paid Leave for All Workers Act.
3
"Employer" has the meaning given to that term in the Paid
4
Leave for All Workers Act.
5
Section 99.
Effective date.
This Act takes effect January
6
1, 2027.
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