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Full Text of SB3785
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SB3785 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3785
Introduced 2/5/2026, by Sen. Darby A. Hills
SYNOPSIS AS INTRODUCED:
35 ILCS 5/210
35 ILCS 5/210.5
Amends the Illinois Income Tax Act. Provides that, for taxable years
ending on or after December 31, 2026, the credit for employee child care
shall be in an amount equal to: (1) 50% of the start-up costs expended by
the corporate taxpayer to provide a child care facility for the children of
its employees; and (2) 20% of the annual amount paid by the corporate
taxpayer to (i) provide an on-site child care facility for the children of
its employees, (ii) provide child care offsite for the children of its
employees, or (iii) a combination of (i) and (ii) (currently, 30% of the
start-up costs and 5% of the annual amount paid by the taxpayer in
providing the child care facility). Provides that the taxpayer may
coordinate with an independent child care facility to provide care for the
children of employees. Effective immediately.
LRB104 19609 HLH 33058 b
A BILL FOR
SB3785
LRB104 19609 HLH 33058 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 Sections 210 and 210.5 as follows:
6
(35 ILCS 5/210)
7
Sec. 210.
Dependent care assistance program tax credit.
8
(a) Beginning with tax years ending on or after June 30,
9
1995, each taxpayer who is primarily engaged in manufacturing
10
is entitled to a credit against the tax imposed by subsections
11
(a) and (b) of Section 201 in an amount equal to 5% of the
12
amount of expenditures by the taxpayer in the tax year for
13
which the credit is claimed, reported pursuant to Section
14
129(d)(7) of the Internal Revenue Code, to provide in the
15
Illinois premises of the taxpayer's workplace an on-site
16
facility dependent care assistance program under Section 129
17
of the Internal Revenue Code.
18
(b) If the amount of credit exceeds the tax liability for
19
the year, the excess may be carried forward and applied to the
20
tax liability of the 2 taxable years following the excess
21
credit year. The credit shall be applied to the earliest year
22
for which there is a tax liability. If there are credits from
23
more than one tax year that are available to offset a
SB3785
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LRB104 19609 HLH 33058 b
1
liability, the earlier credit shall be applied first.
2
(c) A taxpayer claiming the credit provided by this
3
Section shall maintain and record such information as the
4
Department may require by regulation regarding the dependent
5
care assistance program for which credit is claimed. When
6
claiming the credit provided by this Section, the taxpayer
7
shall provide such information regarding the taxpayer's
8
provision of a dependent care assistance program under Section
9
129 of the Internal Revenue Code.
10
(d) If a taxpayer claims a credit under this Section for a
11
taxable year, then the taxpayer may not also claim a credit
12
under Section 210.5 for the same taxable year.
13
(Source: P.A. 88-505.)
14
(35 ILCS 5/210.5)
15
Sec. 210.5.
Tax credit for employee child care.
16
(a) Each corporate taxpayer is entitled to a credit
17
against the tax imposed by subsections (a) and (b) of Section
18
201
as provided in this Section. For taxable years ending on or
19
after December 31, 2000 and on or before December 31, 2004, the
20
amount of the credit shall be equal to: (1) 30% of the start-up
21
costs expended by the corporate taxpayer to provide a child
22
care facility for the children of its employees; and (2) 5% of
23
the annual amount paid by the corporate taxpayer in providing
24
the child care facility for the children of its employees. For
25
taxable years ending after December 31, 2004 and prior to
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1
December 31, 2007, the amount of the credit shall be equal to
2
5% of the annual amount paid by the corporate taxpayer in
3
providing the child care facility for the children of its
4
employees. For taxable years ending on or after December 31,
5
2007 and before December 31, 2026, the amount of the credit
6
shall be equal to: (1) 30% of the start-up costs expended by
7
the corporate taxpayer to provide a child care facility for
8
the children of its employees; and (2) 5% of the annual amount
9
paid by the corporate taxpayer in providing the child care
10
facility for the children of its employees. For taxable years
11
ending on or after December 31, 2026, the amount of the credit
12
shall be equal to: (1) 50% of the start-up costs expended by
13
the corporate taxpayer to provide a child care facility for
14
the children of its employees; and (2) 20% of the annual amount
15
paid by the corporate taxpayer to (i) provide an on-site child
16
care facility for the children of its employees, (ii) provide
17
child care offsite for the children of its employees, or (iii)
18
a combination of (i) and (ii). This amendatory Act of the 104th
19
General Assembly is not intended to make any substantive
20
changes with respect to taxable years ending prior to December
21
31, 2026.
in an amount equal to (i) for taxable years ending on
22
or after December 31, 2000 and on or before December 31, 2004
23
and for taxable years ending on or after December 31, 2007, 30%
24
of the start-up costs expended by the corporate taxpayer to
25
provide a child care facility for the children of its
26
employees and (ii) for taxable years ending on or after
SB3785
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LRB104 19609 HLH 33058 b
1
December 31, 2000, 5% of the annual amount paid by the
2
corporate taxpayer in providing the child care facility for
3
the children of its employees.
The provisions of Section 250
4
do not apply to the credits allowed under this Section. If the
5
5%
credit authorized under
item (ii) of
this
Section
6
subsection
is claimed, the
5%
credit authorized under Section
7
210 cannot also be claimed.
8
To receive the tax credit under this Section a corporate
9
taxpayer may
do one or more of the following: it may
either
10
independently provide and operate a child care facility for
11
the children of its employees
;
or
it may join in a partnership
12
with one or more other corporations to jointly provide and
13
operate a child care facility for the children of employees of
14
the corporations in the partnership
; or it may coordinate with
15
an independent child care facility to provide care for the
16
children of employees
.
17
(b) The tax credit may not reduce the taxpayer's liability
18
to less than zero. If the amount of the tax credit exceeds the
19
tax liability for the year, the excess may be carried forward
20
and applied to the tax liability of the 5 taxable years
21
following the excess credit year. The credit must be applied
22
to the earliest year for which there is a tax liability. If
23
there are credits from more than one tax year that are
24
available to offset a liability, then the earlier credit must
25
be applied first.
26
(c) As used in this Section, "start-up costs" means
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1
planning, site-preparation, construction, renovation, or
2
acquisition of a child care facility. As used in this Section,
3
"child care facility" is limited to a child care facility
4
located in Illinois.
5
(d) A corporate taxpayer claiming the credit provided by
6
this Section shall maintain and record such information as the
7
Department may require by rule regarding the child care
8
facility for which the credit is claimed.
9
(Source: P.A. 95-648, eff. 10-11-07.)
10
Section 99.
Effective date.
This Act takes effect upon
11
becoming law.
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