Illinois 2023-2024 Regular Session

Illinois House Bill HB4194 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4194 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED: 35 ILCS 40/535 ILCS 40/1035 ILCS 40/4035 ILCS 40/6535 ILCS 5/224 Amends the Invest in Kids Act. Provides that a taxpayer may take a credit under the Act for tax years ending before January 1, 2029 (currently January 1, 2024). Provides that, beginning in calendar year 2024, the aggregate amount of credits the Department of Revenue may award under the Act in any calendar year may not exceed $50,000,000 (currently, $75,000,000). Provides that contributions under the Act may be directed to students whose permanent address is located in an underserved area but may not be directed to a particular student. Provides that, for taxable years beginning on or after January 1, 2024, the amount of the credit under the Act shall be 100% of the first $5,000 in contributions made by the taxpayer during the taxable year, plus (i) 55% of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is not directed to students whose permanent address is located in an underserved area and (ii) 65% of the of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is directed to students whose permanent address is located in an underserved area. Effective immediately. LRB103 34921 HLH 64794 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4194 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED: 35 ILCS 40/535 ILCS 40/1035 ILCS 40/4035 ILCS 40/6535 ILCS 5/224 35 ILCS 40/5 35 ILCS 40/10 35 ILCS 40/40 35 ILCS 40/65 35 ILCS 5/224 Amends the Invest in Kids Act. Provides that a taxpayer may take a credit under the Act for tax years ending before January 1, 2029 (currently January 1, 2024). Provides that, beginning in calendar year 2024, the aggregate amount of credits the Department of Revenue may award under the Act in any calendar year may not exceed $50,000,000 (currently, $75,000,000). Provides that contributions under the Act may be directed to students whose permanent address is located in an underserved area but may not be directed to a particular student. Provides that, for taxable years beginning on or after January 1, 2024, the amount of the credit under the Act shall be 100% of the first $5,000 in contributions made by the taxpayer during the taxable year, plus (i) 55% of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is not directed to students whose permanent address is located in an underserved area and (ii) 65% of the of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is directed to students whose permanent address is located in an underserved area. Effective immediately. LRB103 34921 HLH 64794 b LRB103 34921 HLH 64794 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4194 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
33 35 ILCS 40/535 ILCS 40/1035 ILCS 40/4035 ILCS 40/6535 ILCS 5/224 35 ILCS 40/5 35 ILCS 40/10 35 ILCS 40/40 35 ILCS 40/65 35 ILCS 5/224
44 35 ILCS 40/5
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88 35 ILCS 5/224
99 Amends the Invest in Kids Act. Provides that a taxpayer may take a credit under the Act for tax years ending before January 1, 2029 (currently January 1, 2024). Provides that, beginning in calendar year 2024, the aggregate amount of credits the Department of Revenue may award under the Act in any calendar year may not exceed $50,000,000 (currently, $75,000,000). Provides that contributions under the Act may be directed to students whose permanent address is located in an underserved area but may not be directed to a particular student. Provides that, for taxable years beginning on or after January 1, 2024, the amount of the credit under the Act shall be 100% of the first $5,000 in contributions made by the taxpayer during the taxable year, plus (i) 55% of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is not directed to students whose permanent address is located in an underserved area and (ii) 65% of the of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is directed to students whose permanent address is located in an underserved area. Effective immediately.
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1515 1 AN ACT concerning revenue.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Invest in Kids Act is amended by changing
1919 5 Sections 5, 10, 40, and 65 as follows:
2020 6 (35 ILCS 40/5)
2121 7 (Section scheduled to be repealed on January 1, 2025)
2222 8 Sec. 5. Definitions. As used in this Act:
2323 9 "Authorized contribution" means the contribution amount
2424 10 that is listed on the contribution authorization certificate
2525 11 issued to the taxpayer.
2626 12 "Board" means the State Board of Education.
2727 13 "Contribution" means a donation made by the taxpayer
2828 14 during the taxable year for providing scholarships as provided
2929 15 in this Act.
3030 16 "Custodian" means, with respect to eligible students, an
3131 17 Illinois resident who is a parent or legal guardian of the
3232 18 eligible student or students.
3333 19 "Department" means the Department of Revenue.
3434 20 "Eligible student" means a child who:
3535 21 (1) is a member of a household whose federal adjusted
3636 22 gross income the year before he or she initially receives
3737 23 a scholarship under this program, as determined by the
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4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4194 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
4242 35 ILCS 40/535 ILCS 40/1035 ILCS 40/4035 ILCS 40/6535 ILCS 5/224 35 ILCS 40/5 35 ILCS 40/10 35 ILCS 40/40 35 ILCS 40/65 35 ILCS 5/224
4343 35 ILCS 40/5
4444 35 ILCS 40/10
4545 35 ILCS 40/40
4646 35 ILCS 40/65
4747 35 ILCS 5/224
4848 Amends the Invest in Kids Act. Provides that a taxpayer may take a credit under the Act for tax years ending before January 1, 2029 (currently January 1, 2024). Provides that, beginning in calendar year 2024, the aggregate amount of credits the Department of Revenue may award under the Act in any calendar year may not exceed $50,000,000 (currently, $75,000,000). Provides that contributions under the Act may be directed to students whose permanent address is located in an underserved area but may not be directed to a particular student. Provides that, for taxable years beginning on or after January 1, 2024, the amount of the credit under the Act shall be 100% of the first $5,000 in contributions made by the taxpayer during the taxable year, plus (i) 55% of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is not directed to students whose permanent address is located in an underserved area and (ii) 65% of the of the portion of the qualified contributions made by the taxpayer that exceeds the first $5,000 and is directed to students whose permanent address is located in an underserved area. Effective immediately.
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8080 1 Department, does not exceed 300% of the federal poverty
8181 2 level and, once the child receives a scholarship, does not
8282 3 exceed 400% of the federal poverty level;
8383 4 (2) is eligible to attend a public elementary school
8484 5 or high school in Illinois in the semester immediately
8585 6 preceding the semester for which he or she first receives
8686 7 a scholarship or is starting school in Illinois for the
8787 8 first time when he or she first receives a scholarship;
8888 9 and
8989 10 (3) resides in Illinois while receiving a scholarship.
9090 11 "Family member" means a parent, child, or sibling, whether
9191 12 by whole blood, half blood, or adoption; spouse; or stepchild.
9292 13 "Focus district" means a school district which has a
9393 14 school that is either (i) a school that has one or more
9494 15 subgroups in which the average student performance is at or
9595 16 below the State average for the lowest 10% of student
9696 17 performance in that subgroup or (ii) a school with an average
9797 18 graduation rate of less than 60% and not identified for
9898 19 priority.
9999 20 "Jointly administered CTE program" means a program or set
100100 21 of programs within a non-public school located in Illinois, as
101101 22 determined by the State Board of Education pursuant to Section
102102 23 7.5 of this Act.
103103 24 "Necessary costs and fees" includes the customary charge
104104 25 for instruction and use of facilities in general and the
105105 26 additional fixed fees charged for specified purposes that are
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116116 1 required generally of non-scholarship recipients for each
117117 2 academic period for which the scholarship applicant actually
118118 3 enrolls, including costs associated with student assessments,
119119 4 but does not include fees payable only once and other
120120 5 contingent deposits that are refundable in whole or in part.
121121 6 The Board may prescribe, by rules consistent with this Act,
122122 7 detailed provisions concerning the computation of necessary
123123 8 costs and fees.
124124 9 "Scholarship granting organization" means an entity that:
125125 10 (1) is exempt from taxation under Section 501(c)(3) of
126126 11 the Internal Revenue Code;
127127 12 (2) uses at least 95% of the qualified contributions
128128 13 received during a taxable year for scholarships;
129129 14 (3) provides scholarships to students according to the
130130 15 guidelines of this Act;
131131 16 (4) deposits and holds qualified contributions and any
132132 17 income derived from qualified contributions in an account
133133 18 that is separate from the organization's operating fund or
134134 19 other funds until such qualified contributions or income
135135 20 are withdrawn for use; and
136136 21 (5) is approved to issue certificates of receipt.
137137 22 "Technical academy" means a non-public school located in
138138 23 Illinois that: (1) registers with the Board pursuant to
139139 24 Section 2-3.25 of the School Code; and (2) operates or will
140140 25 operate a jointly administered CTE program as the primary
141141 26 focus of the school. To maintain its status as a technical
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152152 1 academy, the non-public school must obtain recognition from
153153 2 the Board pursuant to Section 2-3.25o of the School Code
154154 3 within 2 calendar years of its registration with the Board.
155155 4 "Qualified contribution" means the authorized contribution
156156 5 made by a taxpayer to a scholarship granting organization for
157157 6 which the taxpayer has received a certificate of receipt from
158158 7 such organization.
159159 8 "Qualified school" means a non-public school located in
160160 9 Illinois and recognized by the Board pursuant to Section
161161 10 2-3.25o of the School Code.
162162 11 "Scholarship" means an educational scholarship awarded to
163163 12 an eligible student to attend a qualified school of their
164164 13 custodians' choice in an amount not exceeding the necessary
165165 14 costs and fees to attend that school.
166166 15 "Taxpayer" means any individual, corporation, partnership,
167167 16 trust, or other entity subject to the Illinois income tax. For
168168 17 the purposes of this Act, 2 individuals filing a joint return
169169 18 shall be considered one taxpayer.
170170 19 "Underserved area" has the meaning given to that term in
171171 20 Section 5-5 of the Economic Development for a Growing Economy
172172 21 Tax Credit Act.
173173 22 (Source: P.A. 102-16, eff. 6-17-21.)
174174 23 (35 ILCS 40/10)
175175 24 (Section scheduled to be repealed on January 1, 2025)
176176 25 Sec. 10. Credit awards.
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187187 1 (a) The Department shall award credits against the tax
188188 2 imposed under subsections (a) and (b) of Section 201 of the
189189 3 Illinois Income Tax Act to taxpayers who make qualified
190190 4 contributions. For taxable years beginning before January 1,
191191 5 2024 contributions made under this Act, the credit shall be
192192 6 equal to 75% of the total amount of qualified contributions
193193 7 made by the taxpayer during a taxable year, not to exceed a
194194 8 credit of $1,000,000 per taxpayer. For taxable years beginning
195195 9 on or after January 1, 2024, the credit shall be calculated as
196196 10 follows:
197197 11 (1) If the total amount of qualified contributions
198198 12 made by the taxpayer during the taxable year does not
199199 13 exceed $5,000, then the credit shall be equal to 100% of
200200 14 the total amount of qualified contributions made by the
201201 15 taxpayer during the taxable year.
202202 16 (2) If the total amount of qualified contributions
203203 17 made by the taxpayer during the taxable year exceeds
204204 18 $5,000, then the credit shall be equal to 100% of the first
205205 19 $5,000 in contributions made by the taxpayer, plus (i) 55%
206206 20 of the portion of the qualified contributions made by the
207207 21 taxpayer that exceeds the first $5,000 and is not directed
208208 22 to students whose permanent address is located in an
209209 23 underserved area and (ii) 65% of the of the portion of the
210210 24 qualified contributions made by the taxpayer that exceeds
211211 25 the first $5,000 and is directed to students whose
212212 26 permanent address is located in an underserved area.
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223223 1 For taxable years ending on or after January 1, 2024, the
224224 2 total credit amount per taxpayer shall not exceed $500,000 in
225225 3 any taxable year.
226226 4 (b) Through calendar year 2023, the The aggregate amount
227227 5 of all credits the Department may award under this Act in any
228228 6 calendar year may not exceed $75,000,000. Beginning in
229229 7 calendar year 2024, the aggregate amount of all credits the
230230 8 Department may award under this Act in any calendar year may
231231 9 not exceed $50,000,000.
232232 10 (c) Except as otherwise provided in this subsection,
233233 11 contributions Contributions made by corporations (including
234234 12 Subchapter S corporations), partnerships, and trusts under
235235 13 this Act may not be directed to a particular subset of schools,
236236 14 a particular school, a particular group of students, or a
237237 15 particular student. Except as otherwise provided in this
238238 16 Section, contributions Contributions made by individuals under
239239 17 this Act may be directed to a particular subset of schools or a
240240 18 particular school but may not be directed to a particular
241241 19 group of students or a particular student. Notwithstanding the
242242 20 provisions of this subsection, on and after January 1, 2024,
243243 21 contributions made by any taxpayer may be directed to students
244244 22 whose permanent address is located in an underserved area but
245245 23 may not be directed to a particular student.
246246 24 (d) (Blank). No credit shall be taken under this Act for
247247 25 any qualified contribution for which the taxpayer claims a
248248 26 federal income tax deduction.
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259259 1 (e) Credits shall be awarded in a manner, as determined by
260260 2 the Department, that is geographically proportionate to
261261 3 enrollment in recognized non-public schools in Illinois. If
262262 4 the cap on the aggregate credits that may be awarded by the
263263 5 Department is not reached by June 1 of a given year, the
264264 6 Department shall award remaining credits on a first-come,
265265 7 first-served basis, without regard to the limitation of this
266266 8 subsection. Credits awarded for qualified contributions that
267267 9 are directed to students whose permanent address is located in
268268 10 an underserved area shall be awarded without regard to this
269269 11 subsection but shall not exceed 15% of the annual statewide
270270 12 program cap.
271271 13 (f) Credits awarded for donations made to a technical
272272 14 academy shall be awarded without regard to subsection (e), but
273273 15 shall not exceed 15% of the annual statewide program cap. For
274274 16 the purposes of this subsection, "technical academy" means a
275275 17 technical academy that is registered with the Board within 30
276276 18 days after the effective date of this amendatory Act of the
277277 19 102nd General Assembly.
278278 20 (Source: P.A. 102-16, eff. 6-17-21.)
279279 21 (35 ILCS 40/40)
280280 22 (Section scheduled to be repealed on January 1, 2025)
281281 23 Sec. 40. Scholarship granting organization
282282 24 responsibilities.
283283 25 (a) Before granting a scholarship for an academic year,
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294294 1 all scholarship granting organizations shall assess and
295295 2 document each student's eligibility for the academic year.
296296 3 (b) A scholarship granting organization shall grant
297297 4 scholarships only to eligible students.
298298 5 (c) A scholarship granting organization shall allow an
299299 6 eligible student to attend any qualified school of the
300300 7 student's choosing, subject to the availability of funds.
301301 8 (d) In granting scholarships, beginning in the 2022-2023
302302 9 school year and for each school year thereafter, a scholarship
303303 10 granting organization shall give priority to eligible students
304304 11 who received a scholarship from a scholarship granting
305305 12 organization during the previous school year. Second priority
306306 13 shall be given to the following priority groups:
307307 14 (1) (blank);
308308 15 (2) eligible students who are members of a household
309309 16 whose previous year's total annual income does not exceed
310310 17 185% of the federal poverty level;
311311 18 (3) eligible students who reside within a focus
312312 19 district; and
313313 20 (4) eligible students who are siblings of students
314314 21 currently receiving a scholarship.
315315 22 (d-5) A scholarship granting organization shall begin
316316 23 granting scholarships no later than February 1 preceding the
317317 24 school year for which the scholarship is sought. Each priority
318318 25 group identified in subsection (d) of this Section shall be
319319 26 eligible to receive scholarships on a first-come, first-served
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330330 1 basis until April 1 immediately preceding the school year for
331331 2 which the scholarship is sought, starting with the first
332332 3 priority group identified in subsection (d) of this Section.
333333 4 Applications for scholarships for eligible students meeting
334334 5 the qualifications of one or more priority groups that are
335335 6 received before April 1 must be either approved or denied
336336 7 within 10 business days after receipt. Beginning April 1, all
337337 8 eligible students shall be eligible to receive scholarships
338338 9 without regard to the priority groups identified in subsection
339339 10 (d) of this Section.
340340 11 (e) Except as provided in subsection (e-5) of this
341341 12 Section, scholarships shall not exceed the lesser of (i) the
342342 13 statewide average operational expense per student among public
343343 14 schools or (ii) the necessary costs and fees for attendance at
344344 15 the qualified school. A qualified school may set a lower
345345 16 maximum scholarship amount for eligible students whose family
346346 17 income falls within paragraphs (2) and (3) of this subsection
347347 18 (e); that amount may not exceed the necessary costs and fees
348348 19 for attendance at the qualified school and is subject to the
349349 20 limitations on average scholarship amounts set forth in
350350 21 paragraphs (2) and (3) of this subsection, as applicable. The
351351 22 qualified school shall notify the scholarship granting
352352 23 organization of its necessary costs and fees as well as any
353353 24 maximum scholarship amount set by the school. Scholarships
354354 25 shall be prorated as follows:
355355 26 (1) for eligible students whose household income is
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366366 1 less than 185% of the federal poverty level, the
367367 2 scholarship shall be 100% of the amount determined
368368 3 pursuant to this subsection (e) and subsection (e-5) of
369369 4 this Section;
370370 5 (2) for eligible students whose household income is
371371 6 185% or more of the federal poverty level but less than
372372 7 250% of the federal poverty level, the average of
373373 8 scholarships shall be 75% of the amount determined
374374 9 pursuant to this subsection (e) and subsection (e-5) of
375375 10 this Section; and
376376 11 (3) for eligible students whose household income is
377377 12 250% or more of the federal poverty level, the average of
378378 13 scholarships shall be 50% of the amount determined
379379 14 pursuant to this subsection (e) and subsection (e-5) of
380380 15 this Section.
381381 16 (e-5) The statewide average operational expense per
382382 17 student among public schools shall be multiplied by the
383383 18 following factors:
384384 19 (1) for students determined eligible to receive
385385 20 services under the federal Individuals with Disabilities
386386 21 Education Act, 2;
387387 22 (2) for students who are English learners, as defined
388388 23 in subsection (d) of Section 14C-2 of the School Code,
389389 24 1.2; and
390390 25 (3) for students who are gifted and talented children,
391391 26 as defined in Section 14A-20 of the School Code, 1.1.
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402402 1 (f) A scholarship granting organization shall distribute
403403 2 scholarship payments to the participating school where the
404404 3 student is enrolled.
405405 4 (g) For the 2018-2019 school year through the 2027-2028
406406 5 2022-2023 school year, each scholarship granting organization
407407 6 shall expend no less than 75% of the qualified contributions
408408 7 received during the calendar year in which the qualified
409409 8 contributions were received. No more than 25% of the qualified
410410 9 contributions may be carried forward to the following calendar
411411 10 year.
412412 11 (h) For the 2028-2029 2023-2024 school year, each
413413 12 scholarship granting organization shall expend all qualified
414414 13 contributions received during the calendar year in which the
415415 14 qualified contributions were received. No qualified
416416 15 contributions may be carried forward to the following calendar
417417 16 year.
418418 17 (i) A scholarship granting organization shall allow an
419419 18 eligible student to transfer a scholarship during a school
420420 19 year to any other participating school of the custodian's
421421 20 choice. Such scholarships shall be prorated.
422422 21 (j) With the prior approval of the Department, a
423423 22 scholarship granting organization may transfer funds to
424424 23 another scholarship granting organization if additional funds
425425 24 are required to meet scholarship demands at the receiving
426426 25 scholarship granting organization. All transferred funds must
427427 26 be deposited by the receiving scholarship granting
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438438 1 organization into its scholarship accounts. All transferred
439439 2 amounts received by any scholarship granting organization must
440440 3 be separately disclosed to the Department.
441441 4 (k) If the approval of a scholarship granting organization
442442 5 is revoked as provided in Section 20 of this Act or the
443443 6 scholarship granting organization is dissolved, all remaining
444444 7 qualified contributions of the scholarship granting
445445 8 organization shall be transferred to another scholarship
446446 9 granting organization. All transferred funds must be deposited
447447 10 by the receiving scholarship granting organization into its
448448 11 scholarship accounts.
449449 12 (l) Scholarship granting organizations shall make
450450 13 reasonable efforts to advertise the availability of
451451 14 scholarships to eligible students.
452452 15 (Source: P.A. 102-699, eff. 4-19-22; 102-1059, eff. 6-10-22;
453453 16 103-154, eff. 6-30-23.)
454454 17 (35 ILCS 40/65)
455455 18 (Section scheduled to be repealed on January 1, 2025)
456456 19 Sec. 65. Credit period; repeal.
457457 20 (a) A taxpayer may take a credit under this Act for tax
458458 21 years beginning on or after January 1, 2018 and ending before
459459 22 January 1, 2029 January 1, 2024. A taxpayer may not take a
460460 23 credit pursuant to this Act for tax years beginning on or after
461461 24 January 1, 2029 January 1, 2024.
462462 25 (b) This Act is repealed on January 1, 2030 January 1,
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473473 1 2025.
474474 2 (Source: P.A. 102-16, eff. 6-17-21.)
475475 3 Section 10. The Illinois Income Tax Act is amended by
476476 4 changing Section 224 as follows:
477477 5 (35 ILCS 5/224)
478478 6 Sec. 224. Invest in Kids credit.
479479 7 (a) For taxable years beginning on or after January 1,
480480 8 2018 and ending before January 1, 2029 January 1, 2024, each
481481 9 taxpayer for whom a tax credit has been awarded by the
482482 10 Department under the Invest in Kids Act is entitled to a credit
483483 11 against the tax imposed under subsections (a) and (b) of
484484 12 Section 201 of this Act in an amount equal to the amount
485485 13 awarded under the Invest in Kids Act.
486486 14 (b) For partners, shareholders of subchapter S
487487 15 corporations, and owners of limited liability companies, if
488488 16 the liability company is treated as a partnership for purposes
489489 17 of federal and State income taxation, the credit under this
490490 18 Section shall be determined in accordance with the
491491 19 determination of income and distributive share of income under
492492 20 Sections 702 and 704 and subchapter S of the Internal Revenue
493493 21 Code.
494494 22 (c) The credit may not be carried back and may not reduce
495495 23 the taxpayer's liability to less than zero. If the amount of
496496 24 the credit exceeds the tax liability for the year, the excess
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507507 1 may be carried forward and applied to the tax liability of the
508508 2 5 taxable years following the excess credit year. The tax
509509 3 credit shall be applied to the earliest year for which there is
510510 4 a tax liability. If there are credits for more than one year
511511 5 that are available to offset the liability, the earlier credit
512512 6 shall be applied first.
513513 7 (d) (Blank). A tax credit awarded by the Department under
514514 8 the Invest in Kids Act may not be claimed for any qualified
515515 9 contribution for which the taxpayer claims a federal income
516516 10 tax deduction.
517517 11 (Source: P.A. 102-699, eff. 4-19-22.)
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