103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2204 Introduced 2/10/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: 35 ILCS 5/704A Amends the Illinois Income Tax Act. Provides that the maximum withholding tax credit for full-time equivalent employees is determined by the metropolitan and nonmetropolitan area of the State that is the base of operations of the employee, as those areas are determined as of May 2017. Makes changes concerning the amount of the credit based on the metropolitan and nonmetropolitan area of the State. Makes technical corrections. Effective immediately. LRB103 25039 HLH 51373 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2204 Introduced 2/10/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: 35 ILCS 5/704A 35 ILCS 5/704A Amends the Illinois Income Tax Act. Provides that the maximum withholding tax credit for full-time equivalent employees is determined by the metropolitan and nonmetropolitan area of the State that is the base of operations of the employee, as those areas are determined as of May 2017. Makes changes concerning the amount of the credit based on the metropolitan and nonmetropolitan area of the State. Makes technical corrections. Effective immediately. LRB103 25039 HLH 51373 b LRB103 25039 HLH 51373 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2204 Introduced 2/10/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: 35 ILCS 5/704A 35 ILCS 5/704A 35 ILCS 5/704A Amends the Illinois Income Tax Act. Provides that the maximum withholding tax credit for full-time equivalent employees is determined by the metropolitan and nonmetropolitan area of the State that is the base of operations of the employee, as those areas are determined as of May 2017. Makes changes concerning the amount of the credit based on the metropolitan and nonmetropolitan area of the State. Makes technical corrections. Effective immediately. LRB103 25039 HLH 51373 b LRB103 25039 HLH 51373 b LRB103 25039 HLH 51373 b A BILL FOR SB2204LRB103 25039 HLH 51373 b SB2204 LRB103 25039 HLH 51373 b SB2204 LRB103 25039 HLH 51373 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 changing Section 704A as follows: 6 (35 ILCS 5/704A) 7 Sec. 704A. Employer's return and payment of tax withheld. 8 (a) In general, every employer who deducts and withholds 9 or is required to deduct and withhold tax under this Act on or 10 after January 1, 2008 shall make those payments and returns as 11 provided in this Section. 12 (b) Returns. Every employer shall, in the form and manner 13 required by the Department, make returns with respect to taxes 14 withheld or required to be withheld under this Article 7 for 15 each quarter beginning on or after January 1, 2008, on or 16 before the last day of the first month following the close of 17 that quarter. 18 (c) Payments. With respect to amounts withheld or required 19 to be withheld on or after January 1, 2008: 20 (1) Semi-weekly payments. For each calendar year, each 21 employer who withheld or was required to withhold more 22 than $12,000 during the one-year period ending on June 30 23 of the immediately preceding calendar year, payment must 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2204 Introduced 2/10/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: 35 ILCS 5/704A 35 ILCS 5/704A 35 ILCS 5/704A Amends the Illinois Income Tax Act. Provides that the maximum withholding tax credit for full-time equivalent employees is determined by the metropolitan and nonmetropolitan area of the State that is the base of operations of the employee, as those areas are determined as of May 2017. Makes changes concerning the amount of the credit based on the metropolitan and nonmetropolitan area of the State. Makes technical corrections. Effective immediately. LRB103 25039 HLH 51373 b LRB103 25039 HLH 51373 b LRB103 25039 HLH 51373 b A BILL FOR 35 ILCS 5/704A LRB103 25039 HLH 51373 b SB2204 LRB103 25039 HLH 51373 b SB2204- 2 -LRB103 25039 HLH 51373 b SB2204 - 2 - LRB103 25039 HLH 51373 b SB2204 - 2 - LRB103 25039 HLH 51373 b 1 be made: 2 (A) on or before each Friday of the calendar year, 3 for taxes withheld or required to be withheld on the 4 immediately preceding Saturday, Sunday, Monday, or 5 Tuesday; 6 (B) on or before each Wednesday of the calendar 7 year, for taxes withheld or required to be withheld on 8 the immediately preceding Wednesday, Thursday, or 9 Friday. 10 Beginning with calendar year 2011, payments made under 11 this paragraph (1) of subsection (c) must be made by 12 electronic funds transfer. 13 (2) Semi-weekly payments. Any employer who withholds 14 or is required to withhold more than $12,000 in any 15 quarter of a calendar year is required to make payments on 16 the dates set forth under item (1) of this subsection (c) 17 for each remaining quarter of that calendar year and for 18 the subsequent calendar year. 19 (3) Monthly payments. Each employer, other than an 20 employer described in items (1) or (2) of this subsection, 21 shall pay to the Department, on or before the 15th day of 22 each month the taxes withheld or required to be withheld 23 during the immediately preceding month. 24 (4) Payments with returns. Each employer shall pay to 25 the Department, on or before the due date for each return 26 required to be filed under this Section, any tax withheld SB2204 - 2 - LRB103 25039 HLH 51373 b SB2204- 3 -LRB103 25039 HLH 51373 b SB2204 - 3 - LRB103 25039 HLH 51373 b SB2204 - 3 - LRB103 25039 HLH 51373 b 1 or required to be withheld during the period for which the 2 return is due and not previously paid to the Department. 3 (d) Regulatory authority. The Department may, by rule: 4 (1) Permit employers, in lieu of the requirements of 5 subsections (b) and (c), to file annual returns due on or 6 before January 31 of the year for taxes withheld or 7 required to be withheld during the previous calendar year 8 and, if the aggregate amounts required to be withheld by 9 the employer under this Article 7 (other than amounts 10 required to be withheld under Section 709.5) do not exceed 11 $1,000 for the previous calendar year, to pay the taxes 12 required to be shown on each such return no later than the 13 due date for such return. 14 (2) Provide that any payment required to be made under 15 subsection (c)(1) or (c)(2) is deemed to be timely to the 16 extent paid by electronic funds transfer on or before the 17 due date for deposit of federal income taxes withheld 18 from, or federal employment taxes due with respect to, the 19 wages from which the Illinois taxes were withheld. 20 (3) Designate one or more depositories to which 21 payment of taxes required to be withheld under this 22 Article 7 must be paid by some or all employers. 23 (4) Increase the threshold dollar amounts at which 24 employers are required to make semi-weekly payments under 25 subsection (c)(1) or (c)(2). 26 (e) Annual return and payment. Every employer who deducts SB2204 - 3 - LRB103 25039 HLH 51373 b SB2204- 4 -LRB103 25039 HLH 51373 b SB2204 - 4 - LRB103 25039 HLH 51373 b SB2204 - 4 - LRB103 25039 HLH 51373 b 1 and withholds or is required to deduct and withhold tax from a 2 person engaged in domestic service employment, as that term is 3 defined in Section 3510 of the Internal Revenue Code, may 4 comply with the requirements of this Section with respect to 5 such employees by filing an annual return and paying the taxes 6 required to be deducted and withheld on or before the 15th day 7 of the fourth month following the close of the employer's 8 taxable year. The Department may allow the employer's return 9 to be submitted with the employer's individual income tax 10 return or to be submitted with a return due from the employer 11 under Section 1400.2 of the Unemployment Insurance Act. 12 (f) Magnetic media and electronic filing. With respect to 13 taxes withheld in calendar years prior to 2017, any W-2 Form 14 that, under the Internal Revenue Code and regulations 15 promulgated thereunder, is required to be submitted to the 16 Internal Revenue Service on magnetic media or electronically 17 must also be submitted to the Department on magnetic media or 18 electronically for Illinois purposes, if required by the 19 Department. 20 With respect to taxes withheld in 2017 and subsequent 21 calendar years, the Department may, by rule, require that any 22 return (including any amended return) under this Section and 23 any W-2 Form that is required to be submitted to the Department 24 must be submitted on magnetic media or electronically. 25 The due date for submitting W-2 Forms shall be as 26 prescribed by the Department by rule. SB2204 - 4 - LRB103 25039 HLH 51373 b SB2204- 5 -LRB103 25039 HLH 51373 b SB2204 - 5 - LRB103 25039 HLH 51373 b SB2204 - 5 - LRB103 25039 HLH 51373 b 1 (g) For amounts deducted or withheld after December 31, 2 2009, a taxpayer who makes an election under subsection (f) of 3 Section 5-15 of the Economic Development for a Growing Economy 4 Tax Credit Act for a taxable year shall be allowed a credit 5 against payments due under this Section for amounts withheld 6 during the first calendar year beginning after the end of that 7 taxable year equal to the amount of the credit for the 8 incremental income tax attributable to full-time employees of 9 the taxpayer awarded to the taxpayer by the Department of 10 Commerce and Economic Opportunity under the Economic 11 Development for a Growing Economy Tax Credit Act for the 12 taxable year and credits not previously claimed and allowed to 13 be carried forward under Section 211(4) of this Act as 14 provided in subsection (f) of Section 5-15 of the Economic 15 Development for a Growing Economy Tax Credit Act. The credit 16 or credits may not reduce the taxpayer's obligation for any 17 payment due under this Section to less than zero. If the amount 18 of the credit or credits exceeds the total payments due under 19 this Section with respect to amounts withheld during the 20 calendar year, the excess may be carried forward and applied 21 against the taxpayer's liability under this Section in the 22 succeeding calendar years as allowed to be carried forward 23 under paragraph (4) of Section 211 of this Act. The credit or 24 credits shall be applied to the earliest year for which there 25 is a tax liability. If there are credits from more than one 26 taxable year that are available to offset a liability, the SB2204 - 5 - LRB103 25039 HLH 51373 b SB2204- 6 -LRB103 25039 HLH 51373 b SB2204 - 6 - LRB103 25039 HLH 51373 b SB2204 - 6 - LRB103 25039 HLH 51373 b 1 earlier credit shall be applied first. Each employer who 2 deducts and withholds or is required to deduct and withhold 3 tax under this Act and who retains income tax withholdings 4 under subsection (f) of Section 5-15 of the Economic 5 Development for a Growing Economy Tax Credit Act must make a 6 return with respect to such taxes and retained amounts in the 7 form and manner that the Department, by rule, requires and pay 8 to the Department or to a depositary designated by the 9 Department those withheld taxes not retained by the taxpayer. 10 For purposes of this subsection (g), the term taxpayer shall 11 include taxpayer and members of the taxpayer's unitary 12 business group as defined under paragraph (27) of subsection 13 (a) of Section 1501 of this Act. This Section is exempt from 14 the provisions of Section 250 of this Act. No credit awarded 15 under the Economic Development for a Growing Economy Tax 16 Credit Act for agreements entered into on or after January 1, 17 2015 may be credited against payments due under this Section. 18 (g-1) For amounts deducted or withheld after December 31, 19 2024, a taxpayer who makes an election under the Reimagining 20 Electric Vehicles in Illinois Act shall be allowed a credit 21 against payments due under this Section for amounts withheld 22 during the first quarterly reporting period beginning after 23 the certificate is issued equal to the portion of the REV 24 Illinois Credit attributable to the incremental income tax 25 attributable to new employees and retained employees as 26 certified by the Department of Commerce and Economic SB2204 - 6 - LRB103 25039 HLH 51373 b SB2204- 7 -LRB103 25039 HLH 51373 b SB2204 - 7 - LRB103 25039 HLH 51373 b SB2204 - 7 - LRB103 25039 HLH 51373 b 1 Opportunity pursuant to an agreement with the taxpayer under 2 the Reimagining Electric Vehicles in Illinois Act for the 3 taxable year. The credit or credits may not reduce the 4 taxpayer's obligation for any payment due under this Section 5 to less than zero. If the amount of the credit or credits 6 exceeds the total payments due under this Section with respect 7 to amounts withheld during the quarterly reporting period, the 8 excess may be carried forward and applied against the 9 taxpayer's liability under this Section in the succeeding 10 quarterly reporting period as allowed to be carried forward 11 under paragraph (4) of Section 211 of this Act. The credit or 12 credits shall be applied to the earliest quarterly reporting 13 period for which there is a tax liability. If there are credits 14 from more than one quarterly reporting period that are 15 available to offset a liability, the earlier credit shall be 16 applied first. Each employer who deducts and withholds or is 17 required to deduct and withhold tax under this Act and who 18 retains income tax withholdings this subsection must make a 19 return with respect to such taxes and retained amounts in the 20 form and manner that the Department, by rule, requires and pay 21 to the Department or to a depositary designated by the 22 Department those withheld taxes not retained by the taxpayer. 23 For purposes of this subsection (g-1), the term taxpayer shall 24 include taxpayer and members of the taxpayer's unitary 25 business group as defined under paragraph (27) of subsection 26 (a) of Section 1501 of this Act. This Section is exempt from SB2204 - 7 - LRB103 25039 HLH 51373 b SB2204- 8 -LRB103 25039 HLH 51373 b SB2204 - 8 - LRB103 25039 HLH 51373 b SB2204 - 8 - LRB103 25039 HLH 51373 b 1 the provisions of Section 250 of this Act. 2 (g-2) For amounts deducted or withheld after December 31, 3 2024, a taxpayer who makes an election under the Manufacturing 4 Illinois Chips for Real Opportunity (MICRO) Act shall be 5 allowed a credit against payments due under this Section for 6 amounts withheld during the first quarterly reporting period 7 beginning after the certificate is issued equal to the portion 8 of the MICRO Illinois Credit attributable to the incremental 9 income tax attributable to new employees and retained 10 employees as certified by the Department of Commerce and 11 Economic Opportunity pursuant to an agreement with the 12 taxpayer under the Manufacturing Illinois Chips for Real 13 Opportunity (MICRO) Act for the taxable year. The credit or 14 credits may not reduce the taxpayer's obligation for any 15 payment due under this Section to less than zero. If the amount 16 of the credit or credits exceeds the total payments due under 17 this Section with respect to amounts withheld during the 18 quarterly reporting period, the excess may be carried forward 19 and applied against the taxpayer's liability under this 20 Section in the succeeding quarterly reporting period as 21 allowed to be carried forward under paragraph (4) of Section 22 211 of this Act. The credit or credits shall be applied to the 23 earliest quarterly reporting period for which there is a tax 24 liability. If there are credits from more than one quarterly 25 reporting period that are available to offset a liability, the 26 earlier credit shall be applied first. Each employer who SB2204 - 8 - LRB103 25039 HLH 51373 b SB2204- 9 -LRB103 25039 HLH 51373 b SB2204 - 9 - LRB103 25039 HLH 51373 b SB2204 - 9 - LRB103 25039 HLH 51373 b 1 deducts and withholds or is required to deduct and withhold 2 tax under this Act and who retains income tax withholdings 3 this subsection must make a return with respect to such taxes 4 and retained amounts in the form and manner that the 5 Department, by rule, requires and pay to the Department or to a 6 depositary designated by the Department those withheld taxes 7 not retained by the taxpayer. For purposes of this subsection, 8 the term taxpayer shall include taxpayer and members of the 9 taxpayer's unitary business group as defined under paragraph 10 (27) of subsection (a) of Section 1501 of this Act. This 11 Section is exempt from the provisions of Section 250 of this 12 Act. 13 (h) An employer may claim a credit against payments due 14 under this Section for amounts withheld during the first 15 calendar year ending after the date on which a tax credit 16 certificate was issued under Section 35 of the Small Business 17 Job Creation Tax Credit Act. The credit shall be equal to the 18 amount shown on the certificate, but may not reduce the 19 taxpayer's obligation for any payment due under this Section 20 to less than zero. If the amount of the credit exceeds the 21 total payments due under this Section with respect to amounts 22 withheld during the calendar year, the excess may be carried 23 forward and applied against the taxpayer's liability under 24 this Section in the 5 succeeding calendar years. The credit 25 shall be applied to the earliest year for which there is a tax 26 liability. If there are credits from more than one calendar SB2204 - 9 - LRB103 25039 HLH 51373 b SB2204- 10 -LRB103 25039 HLH 51373 b SB2204 - 10 - LRB103 25039 HLH 51373 b SB2204 - 10 - LRB103 25039 HLH 51373 b 1 year that are available to offset a liability, the earlier 2 credit shall be applied first. This Section is exempt from the 3 provisions of Section 250 of this Act. 4 (i) Each employer with 50 or fewer full-time equivalent 5 employees during the reporting period may claim a credit 6 against the payments due under this Section for each qualified 7 employee in an amount equal to the maximum credit allowable. 8 The credit may be taken against payments due for reporting 9 periods that begin on or after January 1, 2020, and end on or 10 before December 31, 2027. An employer may not claim a credit 11 for an employee who has been employed worked fewer than 90 12 consecutive days immediately preceding the reporting period; 13 however, such credits may accrue during that 90-day period and 14 be claimed against payments under this Section for future 15 reporting periods after the employee has been employed by 16 worked for the employer at least 90 consecutive days. In no 17 event may the credit exceed the employer's liability for the 18 reporting period. Each employer who deducts and withholds or 19 is required to deduct and withhold tax under this Act and who 20 retains income tax withholdings under this subsection must 21 make a return with respect to such taxes and retained amounts 22 in the form and manner that the Department, by rule, requires 23 and pay to the Department or to a depositary designated by the 24 Department those withheld taxes not retained by the employer. 25 For each reporting period, the employer may not claim a 26 credit or credits for more employees than the number of SB2204 - 10 - LRB103 25039 HLH 51373 b SB2204- 11 -LRB103 25039 HLH 51373 b SB2204 - 11 - LRB103 25039 HLH 51373 b SB2204 - 11 - LRB103 25039 HLH 51373 b 1 employees making less than the minimum or reduced wage for the 2 current calendar year during the last reporting period of the 3 preceding calendar year. Notwithstanding any other provision 4 of this subsection, an employer shall not be eligible for 5 credits for a reporting period unless the average wage paid by 6 the employer per employee for all employees making less than 7 $55,000 during the reporting period is greater than the 8 average wage paid by the employer per employee for all 9 employees making less than $55,000 during the same reporting 10 period of the prior calendar year. 11 For purposes of this subsection (i): 12 "Compensation paid in Illinois" has the meaning ascribed 13 to that term under Section 304(a)(2)(B) of this Act. 14 "Employer" and "employee" have the meaning ascribed to 15 those terms in the Minimum Wage Law, except that "employee" 16 also includes employees who work for an employer with fewer 17 than 4 employees. Employers that operate more than one 18 establishment pursuant to a franchise agreement or that 19 constitute members of a unitary business group shall aggregate 20 their employees for purposes of determining eligibility for 21 the credit. 22 "Full-time equivalent employee" means an employee who 23 works a full-time equivalent job, as defined in subsection (i) 24 of Section 3 of the Illinois Enterprise Zone Act employees" 25 means the ratio of the number of paid hours during the 26 reporting period and the number of working hours in that SB2204 - 11 - LRB103 25039 HLH 51373 b SB2204- 12 -LRB103 25039 HLH 51373 b SB2204 - 12 - LRB103 25039 HLH 51373 b SB2204 - 12 - LRB103 25039 HLH 51373 b 1 period. 2 "Maximum credit" means the percentage listed below of the 3 difference between the amount of compensation paid in Illinois 4 to employees who are paid not more than the required minimum 5 wage reduced by the amount of compensation paid in Illinois to 6 employees who were paid less than the current required minimum 7 wage during the reporting period prior to each increase in the 8 required minimum wage on January 1. If an employer pays an 9 employee more than the required minimum wage and that employee 10 previously earned less than the required minimum wage, the 11 employer may include the portion that does not exceed the 12 required minimum wage as compensation paid in Illinois to 13 employees who are paid not more than the required minimum 14 wage. 15 The maximum credit is determined by the metropolitan and 16 nonmetropolitan area of the State that is the base of 17 operations of the employee. The metropolitan and 18 nonmetropolitan areas of this State are those areas as defined 19 by the United States Bureau of Labor Statistics as of May 2017. 20 For reporting periods beginning on or after January 1, 21 2023 and ending on or before December 31, 2023, the maximum 22 credit for all regions is 25%. 23 For reporting periods beginning on or after January 1, 24 2024, the maximum credit for the City of Chicago and the Cook 25 County portion of the City of Chicago-Naperville-Elgin region 26 is: SB2204 - 12 - LRB103 25039 HLH 51373 b SB2204- 13 -LRB103 25039 HLH 51373 b SB2204 - 13 - LRB103 25039 HLH 51373 b SB2204 - 13 - LRB103 25039 HLH 51373 b 1 (1) (Blank); 25% for reporting periods beginning on or 2 after January 1, 2020 and ending on or before December 31, 3 2020; 4 (2) (Blank); 21% for reporting periods beginning on or 5 after January 1, 2021 and ending on or before December 31, 6 2021; 7 (3) (Blank); 17% for reporting periods beginning on or 8 after January 1, 2022 and ending on or before December 31, 9 2022; 10 (4) (Blank); 13% for reporting periods beginning on or 11 after January 1, 2023 and ending on or before December 31, 12 2023; 13 (5) 40% 9% for reporting periods beginning on or after 14 January 1, 2024 and ending on or before December 31, 2024; 15 (6) 40% 5% for reporting periods beginning on or after 16 January 1, 2025 and thereafter ending on or before 17 December 31, 2025. 18 For reporting periods beginning on or after January 1, 19 2024, the maximum credit for the City of 20 Chicago-Naperville-Elgin region excluding Chicago and Cook 21 County is: 22 (1) 35% for reporting periods beginning on or after 23 January 1, 2024 and ending on or before December 31, 2024; 24 (2) 35% for reporting periods beginning on or after 25 January 1, 2025 and ending on or before December 31, 2025; 26 and SB2204 - 13 - LRB103 25039 HLH 51373 b SB2204- 14 -LRB103 25039 HLH 51373 b SB2204 - 14 - LRB103 25039 HLH 51373 b SB2204 - 14 - LRB103 25039 HLH 51373 b 1 (3) 40% for reporting periods beginning on or after 2 January 1, 2026. 3 For reporting periods beginning on or after January 1, 4 2024, the maximum credit for the Bloomington, 5 Champaign-Urbana, and Springfield regions is: 6 (1) 35% for reporting periods beginning on or after 7 January 1, 2024 and ending on or before December 31, 2024; 8 (2) 40% for reporting periods beginning on or after 9 January 1, 2025 and ending on or before December 31, 2025; 10 and 11 (3) 45% for reporting periods beginning on or after 12 January 1, 2026. 13 For reporting periods beginning on or after January 1, 14 2024, the maximum credit for the Cape Girardeau, 15 Carbondale-Marion, Davenport-Moline-Rock Island, Peoria, and 16 St. Louis MO-IL regions is: 17 (1) 40% for reporting periods beginning on or after 18 January 1, 2024 and ending on or before December 31, 2024; 19 (2) 45% for reporting periods beginning on or after 20 January 1, 2025 and ending on or before December 31, 2025; 21 and 22 (3) 50% for reporting periods beginning on or after 23 January 1, 2026. 24 For reporting periods beginning on or after January 1, 25 2024, the maximum credit for the Danville, Decatur, Kankakee, 26 and Rockford regions is: SB2204 - 14 - LRB103 25039 HLH 51373 b SB2204- 15 -LRB103 25039 HLH 51373 b SB2204 - 15 - LRB103 25039 HLH 51373 b SB2204 - 15 - LRB103 25039 HLH 51373 b 1 (1) 40% for reporting periods beginning on or after 2 January 1, 2024 and ending on or before December 31, 2024; 3 (2) 45% for reporting periods beginning on or after 4 January 1, 2025 and ending on or before December 31, 2025; 5 and 6 (3) 50% for reporting periods beginning on or after 7 January 1, 2026. 8 For reporting periods beginning on or after January 1, 9 2024, the maximum credit for the Northwest Illinois, West 10 Central Illinois, East Central Illinois, and South Illinois 11 nonmetropolitan areas is; 12 (1) 45% for reporting periods beginning on or after 13 January 1, 2024 and ending on or before December 31, 2024; 14 (2) 55% for reporting periods beginning on or after 15 January 1, 2025 and ending on or before December 31, 2025; 16 and 17 (3) 60% for reporting periods beginning on or after 18 January 1, 2026. 19 The amount computed under this subsection may continue to 20 be claimed for reporting periods beginning on or after January 21 1, 2026 and: 22 (A) ending on or before December 31, 2026 for 23 employers with more than 5 employees; or 24 (B) ending on or before December 31, 2027 for 25 employers with no more than 5 employees. 26 "Qualified employee" means an employee who is paid not SB2204 - 15 - LRB103 25039 HLH 51373 b SB2204- 16 -LRB103 25039 HLH 51373 b SB2204 - 16 - LRB103 25039 HLH 51373 b SB2204 - 16 - LRB103 25039 HLH 51373 b 1 more than the required minimum wage and has an average wage 2 paid per hour by the employer during the reporting period 3 equal to or greater than his or her average wage paid per hour 4 by the employer during each reporting period for the 5 immediately preceding 12 months. A new qualified employee is 6 deemed to have earned the required minimum wage in the 7 preceding reporting period. 8 "Reporting period" means the quarter for which a return is 9 required to be filed under subsection (b) of this Section. 10 (j) For reporting periods beginning on or after January 1, 11 2023, if a private employer grants all of its employees the 12 option of taking a paid leave of absence of at least 30 days 13 for the purpose of serving as an organ donor or bone marrow 14 donor, then the private employer may take a credit against the 15 payments due under this Section in an amount equal to the 16 amount withheld under this Section with respect to wages paid 17 while the employee is on organ donation leave, not to exceed 18 $1,000 in withholdings for each employee who takes organ 19 donation leave. To be eligible for the credit, such a leave of 20 absence must be taken without loss of pay, vacation time, 21 compensatory time, personal days, or sick time for at least 22 the first 30 days of the leave of absence. The private employer 23 shall adopt rules governing organ donation leave, including 24 rules that (i) establish conditions and procedures for 25 requesting and approving leave and (ii) require medical 26 documentation of the proposed organ or bone marrow donation SB2204 - 16 - LRB103 25039 HLH 51373 b SB2204- 17 -LRB103 25039 HLH 51373 b SB2204 - 17 - LRB103 25039 HLH 51373 b SB2204 - 17 - LRB103 25039 HLH 51373 b 1 before leave is approved by the private employer. A private 2 employer must provide, in the manner required by the 3 Department, documentation from the employee's medical 4 provider, which the private employer receives from the 5 employee, that verifies the employee's organ donation. The 6 private employer must also provide, in the manner required by 7 the Department, documentation that shows that a qualifying 8 organ donor leave policy was in place and offered to all 9 qualifying employees at the time the leave was taken. For the 10 private employer to receive the tax credit, the employee 11 taking organ donor leave must allow for the applicable medical 12 records to be disclosed to the Department. If the private 13 employer cannot provide the required documentation to the 14 Department, then the private employer is ineligible for the 15 credit under this Section. A private employer must also 16 provide, in the form required by the Department, any 17 additional documentation or information required by the 18 Department to administer the credit under this Section. The 19 credit under this subsection (j) shall be taken within one 20 year after the date upon which the organ donation leave 21 begins. If the leave taken spans into a second tax year, the 22 employer qualifies for the allowable credit in the later of 23 the 2 years. If the amount of credit exceeds the tax liability 24 for the year, the excess may be carried and applied to the tax 25 liability for the 3 taxable years following the excess credit 26 year. The tax credit shall be applied to the earliest year for SB2204 - 17 - LRB103 25039 HLH 51373 b SB2204- 18 -LRB103 25039 HLH 51373 b SB2204 - 18 - LRB103 25039 HLH 51373 b SB2204 - 18 - LRB103 25039 HLH 51373 b 1 which there is a tax liability. If there are credits for more 2 than one year that are available to offset liability, the 3 earlier credit shall be applied first. 4 Nothing in this subsection (j) prohibits a private 5 employer from providing an unpaid leave of absence to its 6 employees for the purpose of serving as an organ donor or bone 7 marrow donor; however, if the employer's policy provides for 8 fewer than 30 days of paid leave for organ or bone marrow 9 donation, then the employer shall not be eligible for the 10 credit under this Section. 11 As used in this subsection (j): 12 "Organ" means any biological tissue of the human body that 13 may be donated by a living donor, including, but not limited 14 to, the kidney, liver, lung, pancreas, intestine, bone, skin, 15 or any subpart of those organs. 16 "Organ donor" means a person from whose body an organ is 17 taken to be transferred to the body of another person. 18 "Private employer" means a sole proprietorship, 19 corporation, partnership, limited liability company, or other 20 entity with one or more employees. "Private employer" does not 21 include a municipality, county, State agency, or other public 22 employer. 23 This subsection (j) is exempt from the provisions of 24 Section 250 of this Act. 25 (Source: P.A. 101-1, eff. 2-19-19; 102-669, eff. 11-16-21; 26 102-700, Article 30, Section 30-5, eff. 4-19-22; 102-700, SB2204 - 18 - LRB103 25039 HLH 51373 b SB2204- 19 -LRB103 25039 HLH 51373 b SB2204 - 19 - LRB103 25039 HLH 51373 b SB2204 - 19 - LRB103 25039 HLH 51373 b 1 Article 110, Section 110-905, eff. 4-19-22; revised 6-1-22.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law. SB2204 - 19 - LRB103 25039 HLH 51373 b