Bill Text: IL SB1448 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Endow Illinois Tax Credit Act and amends the Illinois Income Tax Act. Requires the Department of Revenue to authorize an income tax credit to taxpayers who provide an endowment gift to a permanent endowment fund. Sets forth procedures and criteria for authorizing the credits. Provides that the aggregate amount of all credits that the Department may authorize may not exceed $10,000,000 in 2013, $25,000,000 in 2014, or $50,000,000 in 2015 and each calendar year thereafter. Provides conditions for eligibility. Requires the Department to make an annual report concerning the credits. Provides that the credit may be carried forward for 5 years. Exempts the credit from the Act's sunset provisions. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2015-01-13 - Session Sine Die [SB1448 Detail]

Download: Illinois-2013-SB1448-Engrossed.html

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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Endow
Illinois Tax Credit Act.
Section 5. Definitions. For the purposes of this Act:
"Department" means the Department of Commerce and Economic
Opportunity.
"Endowment gift" means an irrevocable contribution, made
in cash or stock, to a permanent endowment fund held by a
qualified community foundation.
"Permanent endowment fund" means a fund that (i) is held by
a qualified community foundation to provide benefit only to
charitable causes in the State, (ii) is intended to exist in
perpetuity, and (iii) has an annual spend rate based on the
foundation spending policy, but not to exceed 7%.
"Qualified community foundation" means a community
foundation or similar publicly supported organization
described in Section 170 (b)(1)(A)(vi) of the Internal Revenue
Code of 1986 that is organized or operating in this State and
that substantially complies with the national standards for
U.S. community foundations that are established by the National
Council on Foundations, as determined by the Department.

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Section 10. Tax credit awards.
(a) The Department shall award an income tax credit to
taxpayers who make an endowment gift to a permanent endowment
fund. The amount of the credit that may be awarded to a
taxpayer by the Department under this Act is an amount equal to
50% of the endowment gift. Except in the case of an individual,
a taxpayer is not eligible to receive a credit under this Act
for the taxable year if the taxpayer's average gross business
receipts for the 3 taxable years prior to the taxable year for
which the taxpayer applies for a credit under this Act exceed
$5,000,000 for taxable years ending in 2013 or $12,500,000 for
taxable years ending in 2014 or thereafter.
(b) The aggregate amount of all credits that the Department
may award under this Act in any calendar year may not exceed
$5,000,000 in 2013, $12,500,000 in 2014, or $25,000,000 in 2015
and each calendar year thereafter. The aggregate amount of all
credits that the Department may authorize to any single
taxpayer in a calendar year may not exceed $500,000 in 2013,
$1,250,000 in 2014, or $2,500,000 in 2015 and each calendar
year thereafter. The aggregate amount of all credits that the
Department may authorize based on endowment gifts to any
specific community foundation may not exceed $2,500,000 in
2013, $6,250,000 in 2014, or $12,500,000 in 2015 and each
calendar year thereafter.
(c) If the Department receives applications for tax credits

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in excess of the aggregate limitation under subsection (b),
then the applications must be prioritized by the date that the
Department received them, and the Department must establish a
wait list for the next year's allocation of tax credits and
fund applications in the order listed on that wait list.
Section 15. Applications for tax credits.
(a) The Department shall develop and make available a
standardized application pertaining to the allocation of tax
credits under this Act. A separate application for tax credit
must be made for each endowment gift, and shall be submitted
jointly by the taxpayer and the qualified community foundation
to which the endowment gift is to be made. The application
shall include such information as the Department deems
necessary to determine that the taxpayer is eligible to receive
a credit under this Act, and such other information as the
Department deems necessary to the administration of this Act.
If an application for tax credit is approved, the Department
shall issue the taxpayer a certificate of verification that
states the amount of the tax credit to which the taxpayer is
entitled and the taxable year to which such credit applies. A
taxpayer claiming a credit under this Act shall submit to the
Department of Revenue a copy of the certificate of verification
under this Act.
(b) Of the annual amount available for tax credits under
subsection (b) of Section 10 of this Act, 10% must be reserved

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for those endowment gifts of $30,000 or less. If the entire 10%
that is reserved for permanent endowment gifts totalling
$30,000 or less is not allocated, then the remaining amount is
available in the following years for endowment gifts of $30,000
or less.
(c) The Department must accept applications and authorize
credits on an ongoing basis. The Department must make public,
by June 1 and by December 1 of each year, the total number of
requests for tax credits and the total amount of requested tax
credits that have been submitted and awarded.
(d) Notwithstanding any other law to the contrary, the
Director of Revenue may make available to the Department
information received by the Director from tax returns filed
under the Illinois Income Tax Act, for the limited purpose of
determining the taxpayer's eligibility for credit under this
Act.
Section 20. Annual report. By January 31 of each year, the
Department must submit an annual report to the Governor and the
General Assembly concerning the activities conducted under
this Act during the previous calendar year. The report must
include a detailed listing of tax credits authorized under this
Act by the Department.
Section 90. The Illinois Income Tax Act is amended by
adding Section 224 as follows:

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(35 ILCS 5/224 new)
Sec. 224. The Endow Illinois Tax Credit.
(a) For taxable years ending on or after December 31, 2013,
each taxpayer for whom a tax credit has been awarded by the
Department of Commerce and Economic Opportunity under the Endow
Illinois Tax Credit Act is entitled to a credit against the tax
imposed under subsections (a) and (b) of Section 201 in an
amount equal to the amount awarded under that Act.
(b) If the taxpayer is a partnership or a Subchapter S
corporation, the credit is allowed to the partners or
shareholders in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code.
(c) The credit may not be carried back and may not reduce
the taxpayer's liability to less than zero. If the amount of
the credit exceeds the tax liability for the year, the excess
may be carried forward and applied to the tax liability of the
5 taxable years following the excess credit year. The tax
credit shall be applied to the earliest year for which there is
a tax liability. If there are credits for more than one year
that are available to offset a liability, the earlier credit
shall be applied first.
Section 99. Effective date. This Act takes effect upon
becoming law.