103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2484 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 20 ILCS 663/520 ILCS 663/2020 ILCS 663/2520 ILCS 663/4020 ILCS 663/4520 ILCS 663/55 Amends the New Markets Development Program Act. Provides that the Department of Commerce and Economic Opportunity shall limit the monetary amount of qualified equity investments at no more than $20,000,000 of tax credits for the primary allocation and no more than $12,000,000 of tax credits for the targeted allocation. Provides that, on or after January 1, 2024, but not more than 120 days after the Community Development Financial Institutions Fund of the United States Department of the Treasury announces allocation awards under a Notice of Funding Availability that was published in the Federal Register on November 22, 2022, $250,000,000 of qualified equity investments for the primary allocation and $150,000,000 of qualified equity investments for the targeted allocation shall be allocated by the Department. Makes other changes. Defines terms. Effective immediately. LRB103 30885 HLH 57416 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2484 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 20 ILCS 663/520 ILCS 663/2020 ILCS 663/2520 ILCS 663/4020 ILCS 663/4520 ILCS 663/55 20 ILCS 663/5 20 ILCS 663/20 20 ILCS 663/25 20 ILCS 663/40 20 ILCS 663/45 20 ILCS 663/55 Amends the New Markets Development Program Act. Provides that the Department of Commerce and Economic Opportunity shall limit the monetary amount of qualified equity investments at no more than $20,000,000 of tax credits for the primary allocation and no more than $12,000,000 of tax credits for the targeted allocation. Provides that, on or after January 1, 2024, but not more than 120 days after the Community Development Financial Institutions Fund of the United States Department of the Treasury announces allocation awards under a Notice of Funding Availability that was published in the Federal Register on November 22, 2022, $250,000,000 of qualified equity investments for the primary allocation and $150,000,000 of qualified equity investments for the targeted allocation shall be allocated by the Department. Makes other changes. Defines terms. Effective immediately. LRB103 30885 HLH 57416 b LRB103 30885 HLH 57416 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2484 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 20 ILCS 663/520 ILCS 663/2020 ILCS 663/2520 ILCS 663/4020 ILCS 663/4520 ILCS 663/55 20 ILCS 663/5 20 ILCS 663/20 20 ILCS 663/25 20 ILCS 663/40 20 ILCS 663/45 20 ILCS 663/55 20 ILCS 663/5 20 ILCS 663/20 20 ILCS 663/25 20 ILCS 663/40 20 ILCS 663/45 20 ILCS 663/55 Amends the New Markets Development Program Act. Provides that the Department of Commerce and Economic Opportunity shall limit the monetary amount of qualified equity investments at no more than $20,000,000 of tax credits for the primary allocation and no more than $12,000,000 of tax credits for the targeted allocation. Provides that, on or after January 1, 2024, but not more than 120 days after the Community Development Financial Institutions Fund of the United States Department of the Treasury announces allocation awards under a Notice of Funding Availability that was published in the Federal Register on November 22, 2022, $250,000,000 of qualified equity investments for the primary allocation and $150,000,000 of qualified equity investments for the targeted allocation shall be allocated by the Department. Makes other changes. Defines terms. Effective immediately. LRB103 30885 HLH 57416 b LRB103 30885 HLH 57416 b LRB103 30885 HLH 57416 b A BILL FOR HB2484LRB103 30885 HLH 57416 b HB2484 LRB103 30885 HLH 57416 b HB2484 LRB103 30885 HLH 57416 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The New Markets Development Program Act is 5 amended by changing Sections 5, 20, 25, 40, 45, and 55 as 6 follows: 7 (20 ILCS 663/5) 8 Sec. 5. Definitions. As used in this Act: 9 "Applicable percentage" means 0% for each of the first 2 10 credit allowance dates, 7% for the third credit allowance 11 date, and 8% for the next 4 credit allowance dates. 12 "Credit allowance date" means with respect to any 13 qualified equity investment: 14 (1) the date on which the investment is initially 15 made; and 16 (2) each of the 6 anniversary dates of that date 17 thereafter. 18 "Department" means the Department of Commerce and Economic 19 Opportunity. 20 "Long-term debt security" means any debt instrument issued 21 by a qualified community development entity, at par value or a 22 premium, with an original maturity date of at least 7 years 23 from the date of its issuance, with no acceleration of 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2484 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 20 ILCS 663/520 ILCS 663/2020 ILCS 663/2520 ILCS 663/4020 ILCS 663/4520 ILCS 663/55 20 ILCS 663/5 20 ILCS 663/20 20 ILCS 663/25 20 ILCS 663/40 20 ILCS 663/45 20 ILCS 663/55 20 ILCS 663/5 20 ILCS 663/20 20 ILCS 663/25 20 ILCS 663/40 20 ILCS 663/45 20 ILCS 663/55 Amends the New Markets Development Program Act. Provides that the Department of Commerce and Economic Opportunity shall limit the monetary amount of qualified equity investments at no more than $20,000,000 of tax credits for the primary allocation and no more than $12,000,000 of tax credits for the targeted allocation. Provides that, on or after January 1, 2024, but not more than 120 days after the Community Development Financial Institutions Fund of the United States Department of the Treasury announces allocation awards under a Notice of Funding Availability that was published in the Federal Register on November 22, 2022, $250,000,000 of qualified equity investments for the primary allocation and $150,000,000 of qualified equity investments for the targeted allocation shall be allocated by the Department. Makes other changes. Defines terms. Effective immediately. LRB103 30885 HLH 57416 b LRB103 30885 HLH 57416 b LRB103 30885 HLH 57416 b A BILL FOR 20 ILCS 663/5 20 ILCS 663/20 20 ILCS 663/25 20 ILCS 663/40 20 ILCS 663/45 20 ILCS 663/55 LRB103 30885 HLH 57416 b HB2484 LRB103 30885 HLH 57416 b HB2484- 2 -LRB103 30885 HLH 57416 b HB2484 - 2 - LRB103 30885 HLH 57416 b HB2484 - 2 - LRB103 30885 HLH 57416 b 1 repayment, amortization, or prepayment features prior to its 2 original maturity date. Cumulative cash payments of interest 3 on the qualified debt instrument during the period commencing 4 with the issuance of the qualified debt instrument and ending 5 with the seventh anniversary of its issuance shall not exceed 6 the sum of such cash interest payments and the cumulative net 7 income of the issuing community development entity for the 8 same period. This definition in no way limits the holder's 9 ability to accelerate payments on the debt instrument in 10 situations where the issuer has defaulted on covenants 11 designed to ensure compliance with this Act or Section 45D of 12 the Internal Revenue Code of 1986, as amended. 13 "Primary allocation" means $250,000,000 in qualified 14 equity investment authority to be awarded on or after January 15 1, 2024 for investment in qualified active low-income 16 community businesses. 17 "Purchase price" means the amount paid to the issuer of a 18 qualified equity investment for that qualified equity 19 investment. 20 "Qualified active low-income community business" has the 21 meaning given to that term in Section 45D of the Internal 22 Revenue Code of 1986, as amended; except that any business 23 that derives or projects to derive 15% or more of its annual 24 revenue from the rental or sale of real estate is not 25 considered to be a qualified active low-income community 26 business. This exception does not apply to a business that is HB2484 - 2 - LRB103 30885 HLH 57416 b HB2484- 3 -LRB103 30885 HLH 57416 b HB2484 - 3 - LRB103 30885 HLH 57416 b HB2484 - 3 - LRB103 30885 HLH 57416 b 1 controlled by or under common control with another business if 2 the second business (i) does not derive or project to derive 3 15% or more of its annual revenue from the rental or sale of 4 real estate and (ii) is the primary tenant of the real estate 5 leased from the initial business. A business shall be 6 considered a qualified active low-income community business 7 for the duration of the qualified community development 8 entity's investment in or loan to the business if the entity 9 reasonably expects, at the time it makes the investment or 10 loan, that the business will continue to satisfy the 11 requirements for being a qualified active low-income community 12 business throughout the entire period of the investment or 13 loan. 14 "Qualified community development entity" has the meaning 15 given to that term in Section 45D of the Internal Revenue Code 16 of 1986, as amended; provided that such entity has entered 17 into, or is controlled by an entity that has entered into, an 18 allocation agreement with the Community Development Financial 19 Institutions Fund of the U.S. Treasury Department with respect 20 to credits authorized by Section 45D of the Internal Revenue 21 Code of 1986, as amended, that includes the State of Illinois 22 within the service area set forth in that allocation 23 agreement. 24 "Qualified equity investment" means any equity investment 25 in, or long-term debt security issued by, a qualified 26 community development entity that: HB2484 - 3 - LRB103 30885 HLH 57416 b HB2484- 4 -LRB103 30885 HLH 57416 b HB2484 - 4 - LRB103 30885 HLH 57416 b HB2484 - 4 - LRB103 30885 HLH 57416 b 1 (1) is acquired after the effective date of this Act 2 at its original issuance solely in exchange for cash; 3 (2) with respect to qualified equity investments made 4 before January 1, 2024 2017, has at least 85% of its cash 5 purchase price used by the issuer to make qualified 6 low-income community investments in the State of Illinois, 7 and, with respect to qualified equity investments made on 8 or after January 1, 2024 2017, has 100% of the cash 9 purchase price used by the issuer to make qualified 10 low-income community investments in the State of Illinois; 11 and 12 (3) is designated by the issuer as a qualified equity 13 investment under this Act; with respect to qualified 14 equity investments made on or after January 1, 2024 2017, 15 is designated by the issuer as a qualified equity 16 investment under Section 45D of the Internal Revenue Code 17 of 1986, as amended; and is certified by the Department as 18 not exceeding the limitation contained in Section 20. 19 This term includes any qualified equity investment that 20 does not meet the provisions of item (1) of this definition if 21 the investment was a qualified equity investment in the hands 22 of a prior holder. 23 "Qualified low-income community investment" means any 24 capital or equity investment in, or loan to, any qualified 25 active low-income community business. With respect to any one 26 qualified active low-income community business, the maximum HB2484 - 4 - LRB103 30885 HLH 57416 b HB2484- 5 -LRB103 30885 HLH 57416 b HB2484 - 5 - LRB103 30885 HLH 57416 b HB2484 - 5 - LRB103 30885 HLH 57416 b 1 amount of qualified low-income community investments made in 2 that business, on a collective basis with all of its 3 affiliates that may be counted towards the satisfaction of 4 paragraph (2) of the definition of qualified equity 5 investment, shall be $10,000,000 whether issued to one or 6 several qualified community development entities. 7 "Targeted allocation" means $150,000,000 in qualified 8 equity investment authority to be awarded for investment in 9 qualified active low-income community businesses engaged in 10 targeted industries. 11 "Targeted industries" means any business engaged in an 12 activity classified by the North American Industry 13 Classification System (NAICS) as Sector 11, 31-33, or 2211. 14 "Tax credit" means a credit against any income, franchise, 15 or insurance premium taxes, including insurance retaliatory 16 taxes, otherwise due under Illinois law. 17 "Taxpayer" means any individual or entity subject to any 18 income, franchise, or insurance premium tax under Illinois 19 law. 20 (Source: P.A. 100-408, eff. 8-25-17.) 21 (20 ILCS 663/20) 22 Sec. 20. Annual cap on credits. The Department shall limit 23 the monetary amount of qualified equity investments permitted 24 under this Act to a level necessary to limit tax credit use at 25 no more than $20,000,000 of tax credits for the primary HB2484 - 5 - LRB103 30885 HLH 57416 b HB2484- 6 -LRB103 30885 HLH 57416 b HB2484 - 6 - LRB103 30885 HLH 57416 b HB2484 - 6 - LRB103 30885 HLH 57416 b 1 allocation and no more than $12,000,000 of tax credits for the 2 targeted allocation in any fiscal year. This limitation on 3 qualified equity investments shall be based on the anticipated 4 use of credits without regard to the potential for taxpayers 5 to carry forward tax credits to later tax years. 6 (Source: P.A. 100-408, eff. 8-25-17.) 7 (20 ILCS 663/25) 8 Sec. 25. Certification of qualified equity investments. 9 (a) A qualified community development entity that seeks to 10 have an equity investment or long-term debt security 11 designated as a qualified equity investment and eligible for 12 tax credits under this Section shall apply to the Department. 13 The qualified community development entity must submit an 14 application on a form that the Department provides that 15 includes: 16 (1) The name, address, tax identification number of 17 the entity, and evidence of the entity's certification as 18 a qualified community development entity. 19 (2) A copy of the allocation agreement executed by the 20 entity, or its controlling entity, and the Community 21 Development Financial Institutions Fund. 22 (3) A certificate executed by an executive officer of 23 the entity attesting that the allocation agreement remains 24 in effect and has not been revoked or cancelled by the 25 Community Development Financial Institutions Fund. HB2484 - 6 - LRB103 30885 HLH 57416 b HB2484- 7 -LRB103 30885 HLH 57416 b HB2484 - 7 - LRB103 30885 HLH 57416 b HB2484 - 7 - LRB103 30885 HLH 57416 b 1 (4) A description of the proposed amount, structure, 2 and purchaser of the equity investment or long-term debt 3 security and, for applications submitted after January 1, 4 2024, whether qualified equity investment authority is 5 sought under the primary allocation or the targeted 6 allocation. 7 (5) The name and tax identification number of any 8 taxpayer eligible to utilize tax credits earned as a 9 result of the issuance of the qualified equity investment. 10 (6) Information regarding the proposed use of proceeds 11 from the issuance of the qualified equity investment. 12 (7) A nonrefundable application fee of $5,000. This 13 fee shall be paid to the Department and shall be required 14 of each application submitted. 15 (7.5) For applications submitted after January 1, 16 2024, a description of whether a qualified community 17 development entity is applying for the primary allocation 18 or the targeted allocation. 19 (8) With respect to qualified equity investments made 20 on or after January 1, 2017, the amount of qualified 21 equity investment authority the applicant agrees to 22 designate as a federal qualified equity investment under 23 Section 45D of the Internal Revenue Code, including a copy 24 of the screen shot from the Community Development 25 Financial Institutions Fund's Allocation Tracking System 26 of the applicant's remaining federal qualified equity HB2484 - 7 - LRB103 30885 HLH 57416 b HB2484- 8 -LRB103 30885 HLH 57416 b HB2484 - 8 - LRB103 30885 HLH 57416 b HB2484 - 8 - LRB103 30885 HLH 57416 b 1 investment authority. 2 (b) Within 30 days after receipt of a completed 3 application containing the information necessary for the 4 Department to certify a potential qualified equity investment, 5 including the payment of the application fee, the Department 6 shall grant or deny the application in full or in part. If the 7 Department denies any part of the application, it shall inform 8 the qualified community development entity of the grounds for 9 the denial. If the qualified community development entity 10 provides any additional information required by the Department 11 or otherwise completes its application within 15 days of the 12 notice of denial, the application shall be considered 13 completed as of the original date of submission. If the 14 qualified community development entity fails to provide the 15 information or complete its application within the 15-day 16 period, the application remains denied and must be resubmitted 17 in full with a new submission date. 18 (c) If the application is deemed complete, the Department 19 shall certify the proposed equity investment or long-term debt 20 security as a qualified equity investment that is eligible for 21 tax credits under this Section, subject to the limitations 22 contained in Section 20. The Department shall provide written 23 notice of the certification to the qualified community 24 development entity. The notice shall include the names of 25 those taxpayers who are eligible to utilize the credits and 26 their respective credit amounts. If the names of the taxpayers HB2484 - 8 - LRB103 30885 HLH 57416 b HB2484- 9 -LRB103 30885 HLH 57416 b HB2484 - 9 - LRB103 30885 HLH 57416 b HB2484 - 9 - LRB103 30885 HLH 57416 b 1 who are eligible to utilize the credits change due to a 2 transfer of a qualified equity investment or a change in an 3 allocation pursuant to Section 15, the qualified community 4 development entity shall notify the Department of such change. 5 (d) With respect to applications received before January 6 1, 2017, the Department shall certify qualified equity 7 investments in the order applications are received by the 8 Department. Applications received on the same day shall be 9 deemed to have been received simultaneously. For applications 10 received on the same day and deemed complete, the Department 11 shall certify, consistent with remaining tax credit capacity, 12 qualified equity investments in proportionate percentages 13 based upon the ratio of the amount of qualified equity 14 investment requested in an application to the total amount of 15 qualified equity investments requested in all applications 16 received on the same day. 17 (d-5) With respect to applications received on or after 18 January 1, 2017, the Department shall certify applications by 19 applicants that agree to designate qualified equity 20 investments as federal qualified equity investments in 21 accordance with item (8) of subsection (a) of this Section in 22 proportionate percentages based upon the ratio of the amount 23 of qualified equity investments requested in an application to 24 be designated as federal qualified equity investments to the 25 total amount of qualified equity investments to be designated 26 as federal qualified equity investments requested in all HB2484 - 9 - LRB103 30885 HLH 57416 b HB2484- 10 -LRB103 30885 HLH 57416 b HB2484 - 10 - LRB103 30885 HLH 57416 b HB2484 - 10 - LRB103 30885 HLH 57416 b 1 applications received on the same day. 2 (d-10) With respect to applications received on or after 3 January 1, 2017, after complying with subsection (d-5), the 4 Department shall certify the qualified equity investments of 5 all other applicants, including the remaining qualified equity 6 investment authority requested by applicants not designated as 7 federal qualified equity investments in accordance with item 8 (8) of subsection (a) of this Section, in proportionate 9 percentages based upon the ratio of the amount of qualified 10 equity investments requested in the applications to the total 11 amount of qualified equity investments requested in all 12 applications received on the same day. 13 (e) Once the Department has certified qualified equity 14 investments that, on a cumulative basis, are eligible for 15 $20,000,000 in tax credits for the primary allocation and 16 $12,000,000 in tax credits for the targeted allocation, the 17 Department may not certify any more qualified equity 18 investments. If a pending request cannot be fully certified, 19 the Department shall certify the portion that may be certified 20 unless the qualified community development entity elects to 21 withdraw its request rather than receive partial credit. 22 (f) Within 30 days after receiving notice of 23 certification, the qualified community development entity 24 shall (i) issue the qualified equity investment and receive 25 cash in the amount of the certified amount and (ii) with 26 respect to qualified equity investments made on or after HB2484 - 10 - LRB103 30885 HLH 57416 b HB2484- 11 -LRB103 30885 HLH 57416 b HB2484 - 11 - LRB103 30885 HLH 57416 b HB2484 - 11 - LRB103 30885 HLH 57416 b 1 January 1, 2017, if applicable, designate the required amount 2 of qualified equity investment authority as a federal 3 qualified equity investment. The qualified community 4 development entity must provide the Department with evidence 5 of the receipt of the cash investment within 10 business days 6 after receipt and, with respect to qualified equity 7 investments made on or after January 1, 2017, if applicable, 8 provide evidence that the required amount of qualified equity 9 investment authority was designated as a federal qualified 10 equity investment. If the qualified community development 11 entity does not receive the cash investment and issue the 12 qualified equity investment within 30 days following receipt 13 of the certification notice, the certification shall lapse and 14 the entity may not issue the qualified equity investment 15 without reapplying to the Department for certification. A 16 certification that lapses reverts back to the Department and 17 may be reissued only in accordance with the application 18 process outline in this Section 25. 19 (g) Allocation rounds enabled by this Act shall be applied 20 for according to the following schedule: 21 (1) on January 2, 2019, $125,000,000 of qualified 22 equity investments; and 23 (2) not less than 45 days after but not more than 90 24 days after the Community Development Financial 25 Institutions Fund of the United States Department of the 26 Treasury announces allocation awards under a Notice of HB2484 - 11 - LRB103 30885 HLH 57416 b HB2484- 12 -LRB103 30885 HLH 57416 b HB2484 - 12 - LRB103 30885 HLH 57416 b HB2484 - 12 - LRB103 30885 HLH 57416 b 1 Funding Availability that is published in the Federal 2 Register after September 6, 2019, $125,000,000 of 3 qualified equity investments. 4 (3) on or after January 1, 2024, but not more than 120 5 days after the Community Development Financial 6 Institutions Fund of the United States Department of the 7 Treasury announces allocation awards under a Notice of 8 Funding Availability that was published in the Federal 9 Register on November 22, 2022, $250,000,000 of qualified 10 equity investments for the primary allocation and 11 $150,000,000 of qualified equity investments for the 12 targeted allocation. 13 (Source: P.A. 100-408, eff. 8-25-17; 101-604, eff. 12-13-19.) 14 (20 ILCS 663/40) 15 Sec. 40. Recapture. The Department of Revenue shall 16 recapture, from the taxpayer that claimed the credit on a 17 return, the tax credit allowed under this Act if: 18 (1) any amount of the federal tax credit available 19 with respect to a qualified equity investment that is 20 eligible for a tax credit under this Act is recaptured 21 under Section 45D of the Internal Revenue Code of 1986, as 22 amended. In that case, the Department of Revenue's 23 recapture shall be proportionate to the federal recapture 24 with respect to that qualified equity investment; 25 (2) the issuer redeems or makes principal repayment HB2484 - 12 - LRB103 30885 HLH 57416 b HB2484- 13 -LRB103 30885 HLH 57416 b HB2484 - 13 - LRB103 30885 HLH 57416 b HB2484 - 13 - LRB103 30885 HLH 57416 b 1 with respect to a qualified equity investment prior to the 2 7th anniversary of the issuance of the qualified equity 3 investment. In that case, the Department of Revenue's 4 recapture shall be proportionate to the amount of the 5 redemption or repayment with respect to the qualified 6 equity investment; 7 (3) the issuer fails to invest at least 85% of the cash 8 purchase price of the qualified equity investment with 9 respect to qualified equity investments made before 10 January 1, 2017 and 100% of the cash purchase price of the 11 qualified equity investment with respect to qualified 12 equity investments made on or after January 1, 2017 in 13 qualified low-income community investments in the State of 14 Illinois within 12 months of the issuance of the qualified 15 equity investment and maintain such level of investment in 16 qualified low-income community investments in Illinois 17 until the last credit allowance date for such qualified 18 equity investment, provided that with respect to qualified 19 equity investments made after January 1, 2024 pursuant to 20 the targeted allocation, the issuer must invest 100% of 21 the cash purchase price of the qualified equity investment 22 in qualified low-income community investments in the State 23 of Illinois in qualified active low-income community 24 businesses engaged in a targeted industry within 12 months 25 of the issuance of the qualified equity investment and 26 maintain such level of investment in qualified low-income HB2484 - 13 - LRB103 30885 HLH 57416 b HB2484- 14 -LRB103 30885 HLH 57416 b HB2484 - 14 - LRB103 30885 HLH 57416 b HB2484 - 14 - LRB103 30885 HLH 57416 b 1 community investments in such targeted industries until 2 the last credit allowance date; or 3 (4) with respect to qualified equity investments made 4 on or after January 1, 2017, the issuer violates Section 5 43 of this Act. 6 For purposes of this Section, an investment shall be 7 considered held by an issuer even if the investment has been 8 sold or repaid; provided that the issuer reinvests an amount 9 equal to the capital returned to or recovered by the issuer 10 from the original investment, exclusive of any profits 11 realized, in another qualified low-income community investment 12 in this State within 12 months after the receipt of that 13 capital. An issuer is not required to reinvest capital 14 returned from qualified low-income community investments after 15 the 6th anniversary of the issuance of the qualified equity 16 investment, the proceeds of which were used to make the 17 qualified low-income community investment, and the qualified 18 low-income community investment shall be considered held by 19 the issuer through the 7th anniversary of the qualified equity 20 investment's issuance. 21 The Department of Revenue shall provide notice to the 22 qualified community development entity of any proposed 23 recapture of tax credits pursuant to this Section. The entity 24 shall have 90 days to cure any deficiency indicated in the 25 Department of Revenue's original recapture notice and avoid 26 such recapture. If the entity fails or is unable to cure such HB2484 - 14 - LRB103 30885 HLH 57416 b HB2484- 15 -LRB103 30885 HLH 57416 b HB2484 - 15 - LRB103 30885 HLH 57416 b HB2484 - 15 - LRB103 30885 HLH 57416 b 1 deficiency with the 90-day period, the Department of Revenue 2 shall provide the entity and the taxpayer from whom the credit 3 is to be recaptured with a final order of recapture. Any tax 4 credit for which a final recapture order has been issued shall 5 be recaptured by the Department of Revenue from the taxpayer 6 who claimed the tax credit on a tax return. 7 (Source: P.A. 100-408, eff. 8-25-17.) 8 (20 ILCS 663/45) 9 Sec. 45. Examination and Rulemaking. 10 (a) The Department may conduct examinations to verify that 11 the tax credits under this Act have been received and applied 12 according to the requirements of this Act and to verify that no 13 event has occurred that would result in a recapture of tax 14 credits under Section 40. 15 (b) Neither the Department nor the Department of Revenue 16 shall have the authority to promulgate rules under the Act, 17 but, with respect to qualified equity investments issued 18 before January 1, 2024, the Department and the Department of 19 Revenue shall have the authority to issue advisory letters to 20 individual qualified community development entities and their 21 investors that are limited to the specific facts outlined in 22 an advisory letter request from a qualified community 23 development entity. Such rulings cannot be relied upon by any 24 person or entity other than the qualified community 25 development entity that requested the letter and the taxpayers HB2484 - 15 - LRB103 30885 HLH 57416 b HB2484- 16 -LRB103 30885 HLH 57416 b HB2484 - 16 - LRB103 30885 HLH 57416 b HB2484 - 16 - LRB103 30885 HLH 57416 b 1 that are entitled to any tax credits generated from 2 investments in such entity. For purposes of this subsection, 3 "rules" is given the meaning contained in Section 1-70 of the 4 Illinois Administrative Procedure Act. 5 (c) In rendering advisory letters and making other 6 determinations under this Act prior to January 1, 2024, to the 7 extent applicable, the Department and the Department of 8 Revenue shall look for guidance to Section 45D of the Internal 9 Revenue Code of 1986, as amended, and the rules and 10 regulations issued thereunder. 11 (d) It is the intent of the General Assembly that 12 qualified equity investment structures allowed pursuant to 13 advisory letters and other determinations by the Department 14 and the Department of Revenue prior to January 1, 2024 shall be 15 allowed under the primary allocation and the targeted 16 allocation and that qualified community development entities 17 may rely on the rules and regulations issued under Section 45D 18 of the Internal Revenue Code of 1986, as amended, where 19 applicable. 20 (Source: P.A. 95-1024, eff. 12-31-08.) 21 (20 ILCS 663/55) 22 Sec. 55. Annual report. Each qualified community 23 development entity shall submit an annual report to the 24 Department within 45 days after the beginning of each calendar 25 year during the compliance period. No annual report shall be HB2484 - 16 - LRB103 30885 HLH 57416 b HB2484- 17 -LRB103 30885 HLH 57416 b HB2484 - 17 - LRB103 30885 HLH 57416 b HB2484 - 17 - LRB103 30885 HLH 57416 b 1 due prior to the first anniversary of the initial credit 2 allowance date. The report shall include, but is not limited 3 to, the following: 4 (1) an attestation from an authorized officer of the 5 qualified community development entity that the entity has 6 not been the subject of any investigation by a government 7 agency relating to tax credits or financial services 8 during the preceding calendar year; 9 (2) information with respect to all qualified 10 low-income community investments made by the qualified 11 community development entity, including: 12 (A) the date and amount of, and bank statements or 13 wire transfer reports documenting, such qualified 14 low-income community investments; 15 (B) the name, address, and EIN, and the North 16 American Industry Classification System (NAICS) code 17 for the targeted allocation, of each qualified active 18 low-income community business funded by the qualified 19 community development entity, the number of persons 20 employed by such business at the time of the initial 21 investment, and a brief description of the business, 22 the financing, and community benefits of the 23 financing; and 24 (C) the number of employment positions maintained 25 by each qualified active low-income community business 26 as of the date of report or the end of the preceding HB2484 - 17 - LRB103 30885 HLH 57416 b HB2484- 18 -LRB103 30885 HLH 57416 b HB2484 - 18 - LRB103 30885 HLH 57416 b HB2484 - 18 - LRB103 30885 HLH 57416 b 1 calendar year and the average annual salaries of such 2 positions; and 3 (D) the total number of employment positions 4 created and retained as a result of qualified 5 low-income community investments and the average 6 annual salaries of those positions; and 7 (3) any changes with respect to the taxpayers entitled 8 to claim tax credits with respect to qualified equity 9 investments issued by the qualified community development 10 entity since its last report pursuant to this Section. 11 The qualified community development entity is not required 12 to provide the annual report set forth in this Section for 13 qualified low-income community investments that have been 14 redeemed or repaid. 15 (Source: P.A. 100-408, eff. 8-25-17.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law. HB2484 - 18 - LRB103 30885 HLH 57416 b