Bill Text: IL HB4676 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Income Tax Act. Provides that a taxpayer who is a family caregiver is eligible to receive a nonrefundable income tax credit in an amount equal to 100% of the eligible expenditures incurred by the taxpayer during the taxable year related to the care of an eligible family member, subject to specified limits. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4676 Detail]
Download: Illinois-2023-HB4676-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Income Tax Act is amended by | |||||||||||||||||||
5 | adding Section 241 as follows:
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6 | (35 ILCS 5/241 new) | |||||||||||||||||||
7 | Sec. 241. Family caregiver tax credit. | |||||||||||||||||||
8 | (a) As used in this Section: | |||||||||||||||||||
9 | "Activities of daily living" means everyday functions and | |||||||||||||||||||
10 | activities that individuals usually perform without help, | |||||||||||||||||||
11 | including, but not limited to, bathing, continence, dressing, | |||||||||||||||||||
12 | eating, toileting, and transferring. | |||||||||||||||||||
13 | "Eligible expenditure" means costs associated with: | |||||||||||||||||||
14 | (1) improvements or alterations to the family | |||||||||||||||||||
15 | caregiver's or eligible family member's principal | |||||||||||||||||||
16 | residence to permit the eligible family member to remain | |||||||||||||||||||
17 | mobile, safe, and independent; | |||||||||||||||||||
18 | (2) the purchase or lease of equipment that has been | |||||||||||||||||||
19 | certified by a licensed health care provider as necessary | |||||||||||||||||||
20 | to assist an eligible family member in carrying out one or | |||||||||||||||||||
21 | more activities of daily living; or | |||||||||||||||||||
22 | (3) other goods, services, or supports that assist the | |||||||||||||||||||
23 | family caregiver in providing care to an eligible family |
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1 | member, including, but not limited to, expenditures | ||||||
2 | related to hiring a home care aide or personal care | ||||||
3 | attendant for the eligible family member; providing | ||||||
4 | respite care, adult day health, transportation, or legal | ||||||
5 | or financial services for the eligible family member; and | ||||||
6 | acquiring assistive technology to care for the eligible | ||||||
7 | family member. | ||||||
8 | "Eligible family member" means an individual who, during | ||||||
9 | the taxable year for which the credit is sought: | ||||||
10 | (1) is at least 50 years of age; | ||||||
11 | (2) requires assistance with at least one activity of | ||||||
12 | daily living, as certified by a licensed health care | ||||||
13 | provider; | ||||||
14 | (3) is a resident of the State; and | ||||||
15 | (4) qualifies as a dependent, spouse, parent, or other | ||||||
16 | relation by blood, marriage, or civil union, including an | ||||||
17 | in-law, sibling, grandparent, grandchild, step-parent, | ||||||
18 | step-child, aunt, uncle, niece, or nephew of the family | ||||||
19 | caregiver, or any individual whose close association with | ||||||
20 | the family caregiver is the equivalent of a family | ||||||
21 | relationship. | ||||||
22 | "Family caregiver" means an unpaid caregiver who, during | ||||||
23 | the taxable year for which the credit is sought: | ||||||
24 | (1) is an Illinois resident and taxpayer; | ||||||
25 | (2) had uncompensated eligible expenditures, as | ||||||
26 | described in subsection (a), with respect to one or more |
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1 | eligible family members during the taxable year; and | ||||||
2 | (3) had an adjusted gross income of less than $75,000 | ||||||
3 | for an individual and $150,000 for spouses filing a joint | ||||||
4 | return; in the case of a joint return, the term "family | ||||||
5 | caregiver" includes the individual and the individual's | ||||||
6 | spouse. | ||||||
7 | (b) For taxable years beginning on or after January 1, | ||||||
8 | 2024, a taxpayer who is a family caregiver is eligible to | ||||||
9 | receive a nonrefundable credit against the taxes imposed by | ||||||
10 | subsections (a) and (b) of Section 201 in an amount equal to | ||||||
11 | 100% of the eligible expenditures incurred by the taxpayer | ||||||
12 | during the taxable year, subject to the maximum allowable | ||||||
13 | credit under this subsection. No taxpayer shall be entitled to | ||||||
14 | claim a tax credit under this Section for the same eligible | ||||||
15 | expenditures claimed by another taxpayer. | ||||||
16 | The total amount of tax credits claimed by family | ||||||
17 | caregivers for the same eligible family member shall not | ||||||
18 | exceed $750. If 2 or more family caregivers claim more than | ||||||
19 | $750 in tax credits for the same eligible family member, then | ||||||
20 | the total amount of the credit allowed shall be allocated in | ||||||
21 | amounts proportionate to each eligible taxpayer's share of the | ||||||
22 | total amount of the eligible expenditures for the eligible | ||||||
23 | family member. A taxpayer may claim a credit for only one | ||||||
24 | eligible family member per taxable year. | ||||||
25 | A taxpayer may not claim a tax credit under this Section | ||||||
26 | for expenses incurred in carrying out general household |
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1 | maintenance activities, such as painting, plumbing, electrical | ||||||
2 | repairs, or exterior maintenance. | ||||||
3 | (c) The Department on Aging shall adopt rules for the | ||||||
4 | implementation of this Section. | ||||||
5 | (d) A taxpayer claiming a credit under this Act shall, | ||||||
6 | upon showing proof of eligible expenditures, receive from the | ||||||
7 | Department on Aging a certificate of verification regarding | ||||||
8 | eligibility for the credit under this Section. The taxpayer | ||||||
9 | shall submit to the Department of Revenue a copy of the | ||||||
10 | certificate of verification received for the taxable year. | ||||||
11 | (e) By November 1, 2026 and each November 1 thereafter, | ||||||
12 | the Department of Revenue shall file a report with the | ||||||
13 | Governor and the General Assembly and publish on its website | ||||||
14 | the total amount of tax credits claimed under this Section and | ||||||
15 | the total number of taxpayers who received the credit for the | ||||||
16 | preceding fiscal year. | ||||||
17 | (f) This Section is exempt from the provisions of Section | ||||||
18 | 250.
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