103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5668 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED: 35 ILCS 5/241 new Amends the Illinois Income Tax Act. Creates an income tax credit for taxpayers who open and operate a supermarket or grocery store in a food desert community designated by the Department of Commerce and Economic Opportunity. Provides that the credit shall be in an amount equal to the total amount the taxpayer is assessed in property taxes for the location at which the supermarket or grocery store is located during the full taxable year that the supermarket or grocery store is open for business to the public. Effective immediately. LRB103 39542 HLH 69776 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5668 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED: 35 ILCS 5/241 new 35 ILCS 5/241 new Amends the Illinois Income Tax Act. Creates an income tax credit for taxpayers who open and operate a supermarket or grocery store in a food desert community designated by the Department of Commerce and Economic Opportunity. Provides that the credit shall be in an amount equal to the total amount the taxpayer is assessed in property taxes for the location at which the supermarket or grocery store is located during the full taxable year that the supermarket or grocery store is open for business to the public. Effective immediately. LRB103 39542 HLH 69776 b LRB103 39542 HLH 69776 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5668 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED: 35 ILCS 5/241 new 35 ILCS 5/241 new 35 ILCS 5/241 new Amends the Illinois Income Tax Act. Creates an income tax credit for taxpayers who open and operate a supermarket or grocery store in a food desert community designated by the Department of Commerce and Economic Opportunity. Provides that the credit shall be in an amount equal to the total amount the taxpayer is assessed in property taxes for the location at which the supermarket or grocery store is located during the full taxable year that the supermarket or grocery store is open for business to the public. Effective immediately. LRB103 39542 HLH 69776 b LRB103 39542 HLH 69776 b LRB103 39542 HLH 69776 b A BILL FOR HB5668LRB103 39542 HLH 69776 b HB5668 LRB103 39542 HLH 69776 b HB5668 LRB103 39542 HLH 69776 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 adding Section 241 as follows: 6 (35 ILCS 5/241 new) 7 Sec. 241. Food desert elimination credit. 8 (a) By July 1, 2024, the Department of Commerce and 9 Economic Opportunity shall designate not more than 75 separate 10 geographic areas throughout the State as food desert 11 communities. The Department of Commerce and Economic 12 Opportunity shall develop criteria for the designation of food 13 desert communities, but each separate food desert community 14 shall consist of a distinct geographic area with a single 15 defined border. The criteria shall, at a minimum, incorporate 16 analysis of the following: 17 (1) municipal or census tract population size and 18 population density; 19 (2) municipal or census tract poverty statistics; 20 (3) food desert information from the United States 21 Department of Agriculture's Economic Research Service; and 22 (4) healthier food retail tract information from the 23 federal Centers for Disease Control and Prevention. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5668 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED: 35 ILCS 5/241 new 35 ILCS 5/241 new 35 ILCS 5/241 new Amends the Illinois Income Tax Act. Creates an income tax credit for taxpayers who open and operate a supermarket or grocery store in a food desert community designated by the Department of Commerce and Economic Opportunity. Provides that the credit shall be in an amount equal to the total amount the taxpayer is assessed in property taxes for the location at which the supermarket or grocery store is located during the full taxable year that the supermarket or grocery store is open for business to the public. Effective immediately. LRB103 39542 HLH 69776 b LRB103 39542 HLH 69776 b LRB103 39542 HLH 69776 b A BILL FOR 35 ILCS 5/241 new LRB103 39542 HLH 69776 b HB5668 LRB103 39542 HLH 69776 b HB5668- 2 -LRB103 39542 HLH 69776 b HB5668 - 2 - LRB103 39542 HLH 69776 b HB5668 - 2 - LRB103 39542 HLH 69776 b 1 (b) For taxable years beginning on and after January 1, 2 2025 and beginning prior to January 1, 2029, the first 3 taxpayer to open and operate a supermarket or grocery store in 4 a food desert community on or after the date the food desert 5 community is established under subsection (a) is entitled to a 6 credit against the taxes imposed by subsections (a) and (b) of 7 Section 201 in an amount equal to the total amount the taxpayer 8 is assessed in property taxes for the location at which the 9 supermarket or grocery store is located during the full 10 taxable year that the supermarket or grocery store is open for 11 business to the public. 12 (c) In no event shall a credit under this Section reduce a 13 taxpayer's liability to less than zero. If the amount of 14 credit exceeds the tax liability for the year, the excess may 15 be carried forward and applied to the tax liability for the 5 16 taxable years following the excess credit year. The tax credit 17 shall be applied to the earliest year for which there is a tax 18 liability. If there are credits for more than one year that are 19 available to offset liability, the earlier credit shall be 20 applied first. 21 (d) For partners and shareholders of Subchapter S 22 corporations, there shall be allowed a credit under this 23 Section to be determined in accordance with Section 251. 24 (e) As used in this Section: 25 "Food desert community" means a physically contiguous area 26 in the State in which residents have limited access to HB5668 - 2 - LRB103 39542 HLH 69776 b HB5668- 3 -LRB103 39542 HLH 69776 b HB5668 - 3 - LRB103 39542 HLH 69776 b HB5668 - 3 - LRB103 39542 HLH 69776 b 1 nutritious foods, such as fresh fruits and vegetables, through 2 supermarkets and grocery stores. 3 "Supermarket or grocery store" means a retail facility of 4 at least 18,000 square feet, of which at least 90% is occupied 5 by a full-service supermarket or grocery store. HB5668 - 3 - LRB103 39542 HLH 69776 b