Illinois 2025-2026 Regular Session

Illinois House Bill HB2395 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2395 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 35 ILCS 5/203 from Ch. 120, par. 2-203 Amends the Illinois Income Tax Act. Creates a deduction for the full amount of union dues paid by the taxpayer during the taxable year if the taxpayer was not allowed a federal deduction under the Internal Revenue Code. Provides that, if any amount of union dues representing federal miscellaneous itemized deductions was allowed as a federal deduction, then the amount allowed as an Illinois deduction shall be a specified percentage of the union dues disallowed under the Internal Revenue Code. Provides that the deduction is exempt from the Act's automatic sunset provision. Effective immediately. LRB104 08947 HLH 19002 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2395 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/203 from Ch. 120, par. 2-203 Amends the Illinois Income Tax Act. Creates a deduction for the full amount of union dues paid by the taxpayer during the taxable year if the taxpayer was not allowed a federal deduction under the Internal Revenue Code. Provides that, if any amount of union dues representing federal miscellaneous itemized deductions was allowed as a federal deduction, then the amount allowed as an Illinois deduction shall be a specified percentage of the union dues disallowed under the Internal Revenue Code. Provides that the deduction is exempt from the Act's automatic sunset provision. Effective immediately. LRB104 08947 HLH 19002 b LRB104 08947 HLH 19002 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2395 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/203 from Ch. 120, par. 2-203
4	4	35 ILCS 5/203 from Ch. 120, par. 2-203
5	5	Amends the Illinois Income Tax Act. Creates a deduction for the full amount of union dues paid by the taxpayer during the taxable year if the taxpayer was not allowed a federal deduction under the Internal Revenue Code. Provides that, if any amount of union dues representing federal miscellaneous itemized deductions was allowed as a federal deduction, then the amount allowed as an Illinois deduction shall be a specified percentage of the union dues disallowed under the Internal Revenue Code. Provides that the deduction is exempt from the Act's automatic sunset provision. Effective immediately.
6	6	LRB104 08947 HLH 19002 b LRB104 08947 HLH 19002 b
7	7	LRB104 08947 HLH 19002 b
8	8	A BILL FOR
9	9	HB2395LRB104 08947 HLH 19002 b HB2395 LRB104 08947 HLH 19002 b
10	10	HB2395 LRB104 08947 HLH 19002 b
11	11	1 AN ACT concerning revenue.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Income Tax Act is amended by
15	15	5 changing Section 203 as follows:
16	16	6 (35 ILCS 5/203) (from Ch. 120, par. 2-203)
17	17	7 Sec. 203. Base income defined.
18	18	8 (a) Individuals.
19	19	9 (1) In general. In the case of an individual, base
20	20	10 income means an amount equal to the taxpayer's adjusted
21	21	11 gross income for the taxable year as modified by paragraph
22	22	12 (2).
23	23	13 (2) Modifications. The adjusted gross income referred
24	24	14 to in paragraph (1) shall be modified by adding thereto
25	25	15 the sum of the following amounts:
26	26	16 (A) An amount equal to all amounts paid or accrued
27	27	17 to the taxpayer as interest or dividends during the
28	28	18 taxable year to the extent excluded from gross income
29	29	19 in the computation of adjusted gross income, except
30	30	20 stock dividends of qualified public utilities
31	31	21 described in Section 305(e) of the Internal Revenue
32	32	22 Code;
33	33	23 (B) An amount equal to the amount of tax imposed by
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2395 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
38	38	35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/203 from Ch. 120, par. 2-203
39	39	35 ILCS 5/203 from Ch. 120, par. 2-203
40	40	Amends the Illinois Income Tax Act. Creates a deduction for the full amount of union dues paid by the taxpayer during the taxable year if the taxpayer was not allowed a federal deduction under the Internal Revenue Code. Provides that, if any amount of union dues representing federal miscellaneous itemized deductions was allowed as a federal deduction, then the amount allowed as an Illinois deduction shall be a specified percentage of the union dues disallowed under the Internal Revenue Code. Provides that the deduction is exempt from the Act's automatic sunset provision. Effective immediately.
41	41	LRB104 08947 HLH 19002 b LRB104 08947 HLH 19002 b
42	42	LRB104 08947 HLH 19002 b
43	43	A BILL FOR
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68	68	1 this Act to the extent deducted from gross income in
69	69	2 the computation of adjusted gross income for the
70	70	3 taxable year;
71	71	4 (C) An amount equal to the amount received during
72	72	5 the taxable year as a recovery or refund of real
73	73	6 property taxes paid with respect to the taxpayer's
74	74	7 principal residence under the Revenue Act of 1939 and
75	75	8 for which a deduction was previously taken under
76	76	9 subparagraph (L) of this paragraph (2) prior to July
77	77	10 1, 1991, the retrospective application date of Article
78	78	11 4 of Public Act 87-17. In the case of multi-unit or
79	79	12 multi-use structures and farm dwellings, the taxes on
80	80	13 the taxpayer's principal residence shall be that
81	81	14 portion of the total taxes for the entire property
82	82	15 which is attributable to such principal residence;
83	83	16 (D) An amount equal to the amount of the capital
84	84	17 gain deduction allowable under the Internal Revenue
85	85	18 Code, to the extent deducted from gross income in the
86	86	19 computation of adjusted gross income;
87	87	20 (D-5) An amount, to the extent not included in
88	88	21 adjusted gross income, equal to the amount of money
89	89	22 withdrawn by the taxpayer in the taxable year from a
90	90	23 medical care savings account and the interest earned
91	91	24 on the account in the taxable year of a withdrawal
92	92	25 pursuant to subsection (b) of Section 20 of the
93	93	26 Medical Care Savings Account Act or subsection (b) of
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104	104	1 Section 20 of the Medical Care Savings Account Act of
105	105	2 2000;
106	106	3 (D-10) For taxable years ending after December 31,
107	107	4 1997, an amount equal to any eligible remediation
108	108	5 costs that the individual deducted in computing
109	109	6 adjusted gross income and for which the individual
110	110	7 claims a credit under subsection (l) of Section 201;
111	111	8 (D-15) For taxable years 2001 and thereafter, an
112	112	9 amount equal to the bonus depreciation deduction taken
113	113	10 on the taxpayer's federal income tax return for the
114	114	11 taxable year under subsection (k) of Section 168 of
115	115	12 the Internal Revenue Code;
116	116	13 (D-16) If the taxpayer sells, transfers, abandons,
117	117	14 or otherwise disposes of property for which the
118	118	15 taxpayer was required in any taxable year to make an
119	119	16 addition modification under subparagraph (D-15), then
120	120	17 an amount equal to the aggregate amount of the
121	121	18 deductions taken in all taxable years under
122	122	19 subparagraph (Z) with respect to that property.
123	123	20 If the taxpayer continues to own property through
124	124	21 the last day of the last tax year for which a
125	125	22 subtraction is allowed with respect to that property
126	126	23 under subparagraph (Z) and for which the taxpayer was
127	127	24 allowed in any taxable year to make a subtraction
128	128	25 modification under subparagraph (Z), then an amount
129	129	26 equal to that subtraction modification.
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140	140	1 The taxpayer is required to make the addition
141	141	2 modification under this subparagraph only once with
142	142	3 respect to any one piece of property;
143	143	4 (D-17) An amount equal to the amount otherwise
144	144	5 allowed as a deduction in computing base income for
145	145	6 interest paid, accrued, or incurred, directly or
146	146	7 indirectly, (i) for taxable years ending on or after
147	147	8 December 31, 2004, to a foreign person who would be a
148	148	9 member of the same unitary business group but for the
149	149	10 fact that foreign person's business activity outside
150	150	11 the United States is 80% or more of the foreign
151	151	12 person's total business activity and (ii) for taxable
152	152	13 years ending on or after December 31, 2008, to a person
153	153	14 who would be a member of the same unitary business
154	154	15 group but for the fact that the person is prohibited
155	155	16 under Section 1501(a)(27) from being included in the
156	156	17 unitary business group because he or she is ordinarily
157	157	18 required to apportion business income under different
158	158	19 subsections of Section 304. The addition modification
159	159	20 required by this subparagraph shall be reduced to the
160	160	21 extent that dividends were included in base income of
161	161	22 the unitary group for the same taxable year and
162	162	23 received by the taxpayer or by a member of the
163	163	24 taxpayer's unitary business group (including amounts
164	164	25 included in gross income under Sections 951 through
165	165	26 964 of the Internal Revenue Code and amounts included
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176	176	1 in gross income under Section 78 of the Internal
177	177	2 Revenue Code) with respect to the stock of the same
178	178	3 person to whom the interest was paid, accrued, or
179	179	4 incurred.
180	180	5 This paragraph shall not apply to the following:
181	181	6 (i) an item of interest paid, accrued, or
182	182	7 incurred, directly or indirectly, to a person who
183	183	8 is subject in a foreign country or state, other
184	184	9 than a state which requires mandatory unitary
185	185	10 reporting, to a tax on or measured by net income
186	186	11 with respect to such interest; or
187	187	12 (ii) an item of interest paid, accrued, or
188	188	13 incurred, directly or indirectly, to a person if
189	189	14 the taxpayer can establish, based on a
190	190	15 preponderance of the evidence, both of the
191	191	16 following:
192	192	17 (a) the person, during the same taxable
193	193	18 year, paid, accrued, or incurred, the interest
194	194	19 to a person that is not a related member, and
195	195	20 (b) the transaction giving rise to the
196	196	21 interest expense between the taxpayer and the
197	197	22 person did not have as a principal purpose the
198	198	23 avoidance of Illinois income tax, and is paid
199	199	24 pursuant to a contract or agreement that
200	200	25 reflects an arm's-length interest rate and
201	201	26 terms; or
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212	212	1 (iii) the taxpayer can establish, based on
213	213	2 clear and convincing evidence, that the interest
214	214	3 paid, accrued, or incurred relates to a contract
215	215	4 or agreement entered into at arm's-length rates
216	216	5 and terms and the principal purpose for the
217	217	6 payment is not federal or Illinois tax avoidance;
218	218	7 or
219	219	8 (iv) an item of interest paid, accrued, or
220	220	9 incurred, directly or indirectly, to a person if
221	221	10 the taxpayer establishes by clear and convincing
222	222	11 evidence that the adjustments are unreasonable; or
223	223	12 if the taxpayer and the Director agree in writing
224	224	13 to the application or use of an alternative method
225	225	14 of apportionment under Section 304(f).
226	226	15 Nothing in this subsection shall preclude the
227	227	16 Director from making any other adjustment
228	228	17 otherwise allowed under Section 404 of this Act
229	229	18 for any tax year beginning after the effective
230	230	19 date of this amendment provided such adjustment is
231	231	20 made pursuant to regulation adopted by the
232	232	21 Department and such regulations provide methods
233	233	22 and standards by which the Department will utilize
234	234	23 its authority under Section 404 of this Act;
235	235	24 (D-18) An amount equal to the amount of intangible
236	236	25 expenses and costs otherwise allowed as a deduction in
237	237	26 computing base income, and that were paid, accrued, or
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248	248	1 incurred, directly or indirectly, (i) for taxable
249	249	2 years ending on or after December 31, 2004, to a
250	250	3 foreign person who would be a member of the same
251	251	4 unitary business group but for the fact that the
252	252	5 foreign person's business activity outside the United
253	253	6 States is 80% or more of that person's total business
254	254	7 activity and (ii) for taxable years ending on or after
255	255	8 December 31, 2008, to a person who would be a member of
256	256	9 the same unitary business group but for the fact that
257	257	10 the person is prohibited under Section 1501(a)(27)
258	258	11 from being included in the unitary business group
259	259	12 because he or she is ordinarily required to apportion
260	260	13 business income under different subsections of Section
261	261	14 304. The addition modification required by this
262	262	15 subparagraph shall be reduced to the extent that
263	263	16 dividends were included in base income of the unitary
264	264	17 group for the same taxable year and received by the
265	265	18 taxpayer or by a member of the taxpayer's unitary
266	266	19 business group (including amounts included in gross
267	267	20 income under Sections 951 through 964 of the Internal
268	268	21 Revenue Code and amounts included in gross income
269	269	22 under Section 78 of the Internal Revenue Code) with
270	270	23 respect to the stock of the same person to whom the
271	271	24 intangible expenses and costs were directly or
272	272	25 indirectly paid, incurred, or accrued. The preceding
273	273	26 sentence does not apply to the extent that the same
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284	284	1 dividends caused a reduction to the addition
285	285	2 modification required under Section 203(a)(2)(D-17) of
286	286	3 this Act. As used in this subparagraph, the term
287	287	4 "intangible expenses and costs" includes (1) expenses,
288	288	5 losses, and costs for, or related to, the direct or
289	289	6 indirect acquisition, use, maintenance or management,
290	290	7 ownership, sale, exchange, or any other disposition of
291	291	8 intangible property; (2) losses incurred, directly or
292	292	9 indirectly, from factoring transactions or discounting
293	293	10 transactions; (3) royalty, patent, technical, and
294	294	11 copyright fees; (4) licensing fees; and (5) other
295	295	12 similar expenses and costs. For purposes of this
296	296	13 subparagraph, "intangible property" includes patents,
297	297	14 patent applications, trade names, trademarks, service
298	298	15 marks, copyrights, mask works, trade secrets, and
299	299	16 similar types of intangible assets.
300	300	17 This paragraph shall not apply to the following:
301	301	18 (i) any item of intangible expenses or costs
302	302	19 paid, accrued, or incurred, directly or
303	303	20 indirectly, from a transaction with a person who
304	304	21 is subject in a foreign country or state, other
305	305	22 than a state which requires mandatory unitary
306	306	23 reporting, to a tax on or measured by net income
307	307	24 with respect to such item; or
308	308	25 (ii) any item of intangible expense or cost
309	309	26 paid, accrued, or incurred, directly or
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320	320	1 indirectly, if the taxpayer can establish, based
321	321	2 on a preponderance of the evidence, both of the
322	322	3 following:
323	323	4 (a) the person during the same taxable
324	324	5 year paid, accrued, or incurred, the
325	325	6 intangible expense or cost to a person that is
326	326	7 not a related member, and
327	327	8 (b) the transaction giving rise to the
328	328	9 intangible expense or cost between the
329	329	10 taxpayer and the person did not have as a
330	330	11 principal purpose the avoidance of Illinois
331	331	12 income tax, and is paid pursuant to a contract
332	332	13 or agreement that reflects arm's-length terms;
333	333	14 or
334	334	15 (iii) any item of intangible expense or cost
335	335	16 paid, accrued, or incurred, directly or
336	336	17 indirectly, from a transaction with a person if
337	337	18 the taxpayer establishes by clear and convincing
338	338	19 evidence, that the adjustments are unreasonable;
339	339	20 or if the taxpayer and the Director agree in
340	340	21 writing to the application or use of an
341	341	22 alternative method of apportionment under Section
342	342	23 304(f);
343	343	24 Nothing in this subsection shall preclude the
344	344	25 Director from making any other adjustment
345	345	26 otherwise allowed under Section 404 of this Act
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356	356	1 for any tax year beginning after the effective
357	357	2 date of this amendment provided such adjustment is
358	358	3 made pursuant to regulation adopted by the
359	359	4 Department and such regulations provide methods
360	360	5 and standards by which the Department will utilize
361	361	6 its authority under Section 404 of this Act;
362	362	7 (D-19) For taxable years ending on or after
363	363	8 December 31, 2008, an amount equal to the amount of
364	364	9 insurance premium expenses and costs otherwise allowed
365	365	10 as a deduction in computing base income, and that were
366	366	11 paid, accrued, or incurred, directly or indirectly, to
367	367	12 a person who would be a member of the same unitary
368	368	13 business group but for the fact that the person is
369	369	14 prohibited under Section 1501(a)(27) from being
370	370	15 included in the unitary business group because he or
371	371	16 she is ordinarily required to apportion business
372	372	17 income under different subsections of Section 304. The
373	373	18 addition modification required by this subparagraph
374	374	19 shall be reduced to the extent that dividends were
375	375	20 included in base income of the unitary group for the
376	376	21 same taxable year and received by the taxpayer or by a
377	377	22 member of the taxpayer's unitary business group
378	378	23 (including amounts included in gross income under
379	379	24 Sections 951 through 964 of the Internal Revenue Code
380	380	25 and amounts included in gross income under Section 78
381	381	26 of the Internal Revenue Code) with respect to the
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392	392	1 stock of the same person to whom the premiums and costs
393	393	2 were directly or indirectly paid, incurred, or
394	394	3 accrued. The preceding sentence does not apply to the
395	395	4 extent that the same dividends caused a reduction to
396	396	5 the addition modification required under Section
397	397	6 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
398	398	7 Act;
399	399	8 (D-20) For taxable years beginning on or after
400	400	9 January 1, 2002 and ending on or before December 31,
401	401	10 2006, in the case of a distribution from a qualified
402	402	11 tuition program under Section 529 of the Internal
403	403	12 Revenue Code, other than (i) a distribution from a
404	404	13 College Savings Pool created under Section 16.5 of the
405	405	14 State Treasurer Act or (ii) a distribution from the
406	406	15 Illinois Prepaid Tuition Trust Fund, an amount equal
407	407	16 to the amount excluded from gross income under Section
408	408	17 529(c)(3)(B). For taxable years beginning on or after
409	409	18 January 1, 2007, in the case of a distribution from a
410	410	19 qualified tuition program under Section 529 of the
411	411	20 Internal Revenue Code, other than (i) a distribution
412	412	21 from a College Savings Pool created under Section 16.5
413	413	22 of the State Treasurer Act, (ii) a distribution from
414	414	23 the Illinois Prepaid Tuition Trust Fund, or (iii) a
415	415	24 distribution from a qualified tuition program under
416	416	25 Section 529 of the Internal Revenue Code that (I)
417	417	26 adopts and determines that its offering materials
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428	428	1 comply with the College Savings Plans Network's
429	429	2 disclosure principles and (II) has made reasonable
430	430	3 efforts to inform in-state residents of the existence
431	431	4 of in-state qualified tuition programs by informing
432	432	5 Illinois residents directly and, where applicable, to
433	433	6 inform financial intermediaries distributing the
434	434	7 program to inform in-state residents of the existence
435	435	8 of in-state qualified tuition programs at least
436	436	9 annually, an amount equal to the amount excluded from
437	437	10 gross income under Section 529(c)(3)(B).
438	438	11 For the purposes of this subparagraph (D-20), a
439	439	12 qualified tuition program has made reasonable efforts
440	440	13 if it makes disclosures (which may use the term
441	441	14 "in-state program" or "in-state plan" and need not
442	442	15 specifically refer to Illinois or its qualified
443	443	16 programs by name) (i) directly to prospective
444	444	17 participants in its offering materials or makes a
445	445	18 public disclosure, such as a website posting; and (ii)
446	446	19 where applicable, to intermediaries selling the
447	447	20 out-of-state program in the same manner that the
448	448	21 out-of-state program distributes its offering
449	449	22 materials;
450	450	23 (D-20.5) For taxable years beginning on or after
451	451	24 January 1, 2018, in the case of a distribution from a
452	452	25 qualified ABLE program under Section 529A of the
453	453	26 Internal Revenue Code, other than a distribution from
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464	464	1 a qualified ABLE program created under Section 16.6 of
465	465	2 the State Treasurer Act, an amount equal to the amount
466	466	3 excluded from gross income under Section 529A(c)(1)(B)
467	467	4 of the Internal Revenue Code;
468	468	5 (D-21) For taxable years beginning on or after
469	469	6 January 1, 2007, in the case of transfer of moneys from
470	470	7 a qualified tuition program under Section 529 of the
471	471	8 Internal Revenue Code that is administered by the
472	472	9 State to an out-of-state program, an amount equal to
473	473	10 the amount of moneys previously deducted from base
474	474	11 income under subsection (a)(2)(Y) of this Section;
475	475	12 (D-21.5) For taxable years beginning on or after
476	476	13 January 1, 2018, in the case of the transfer of moneys
477	477	14 from a qualified tuition program under Section 529 or
478	478	15 a qualified ABLE program under Section 529A of the
479	479	16 Internal Revenue Code that is administered by this
480	480	17 State to an ABLE account established under an
481	481	18 out-of-state ABLE account program, an amount equal to
482	482	19 the contribution component of the transferred amount
483	483	20 that was previously deducted from base income under
484	484	21 subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
485	485	22 Section;
486	486	23 (D-22) For taxable years beginning on or after
487	487	24 January 1, 2009, and prior to January 1, 2018, in the
488	488	25 case of a nonqualified withdrawal or refund of moneys
489	489	26 from a qualified tuition program under Section 529 of
490	490
491	491
492	492
493	493
494	494
495	495	HB2395 - 13 - LRB104 08947 HLH 19002 b
496	496
497	497
498	498	HB2395- 14 -LRB104 08947 HLH 19002 b HB2395 - 14 - LRB104 08947 HLH 19002 b
499	499	HB2395 - 14 - LRB104 08947 HLH 19002 b
500	500	1 the Internal Revenue Code administered by the State
501	501	2 that is not used for qualified expenses at an eligible
502	502	3 education institution, an amount equal to the
503	503	4 contribution component of the nonqualified withdrawal
504	504	5 or refund that was previously deducted from base
505	505	6 income under subsection (a)(2)(y) of this Section,
506	506	7 provided that the withdrawal or refund did not result
507	507	8 from the beneficiary's death or disability. For
508	508	9 taxable years beginning on or after January 1, 2018:
509	509	10 (1) in the case of a nonqualified withdrawal or
510	510	11 refund, as defined under Section 16.5 of the State
511	511	12 Treasurer Act, of moneys from a qualified tuition
512	512	13 program under Section 529 of the Internal Revenue Code
513	513	14 administered by the State, an amount equal to the
514	514	15 contribution component of the nonqualified withdrawal
515	515	16 or refund that was previously deducted from base
516	516	17 income under subsection (a)(2)(Y) of this Section, and
517	517	18 (2) in the case of a nonqualified withdrawal or refund
518	518	19 from a qualified ABLE program under Section 529A of
519	519	20 the Internal Revenue Code administered by the State
520	520	21 that is not used for qualified disability expenses, an
521	521	22 amount equal to the contribution component of the
522	522	23 nonqualified withdrawal or refund that was previously
523	523	24 deducted from base income under subsection (a)(2)(HH)
524	524	25 of this Section;
525	525	26 (D-23) An amount equal to the credit allowable to
526	526
527	527
528	528
529	529
530	530
531	531	HB2395 - 14 - LRB104 08947 HLH 19002 b
532	532
533	533
534	534	HB2395- 15 -LRB104 08947 HLH 19002 b HB2395 - 15 - LRB104 08947 HLH 19002 b
535	535	HB2395 - 15 - LRB104 08947 HLH 19002 b
536	536	1 the taxpayer under Section 218(a) of this Act,
537	537	2 determined without regard to Section 218(c) of this
538	538	3 Act;
539	539	4 (D-24) For taxable years ending on or after
540	540	5 December 31, 2017, an amount equal to the deduction
541	541	6 allowed under Section 199 of the Internal Revenue Code
542	542	7 for the taxable year;
543	543	8 (D-25) In the case of a resident, an amount equal
544	544	9 to the amount of tax for which a credit is allowed
545	545	10 pursuant to Section 201(p)(7) of this Act;
546	546	11 and by deducting from the total so obtained the sum of the
547	547	12 following amounts:
548	548	13 (E) For taxable years ending before December 31,
549	549	14 2001, any amount included in such total in respect of
550	550	15 any compensation (including but not limited to any
551	551	16 compensation paid or accrued to a serviceman while a
552	552	17 prisoner of war or missing in action) paid to a
553	553	18 resident by reason of being on active duty in the Armed
554	554	19 Forces of the United States and in respect of any
555	555	20 compensation paid or accrued to a resident who as a
556	556	21 governmental employee was a prisoner of war or missing
557	557	22 in action, and in respect of any compensation paid to a
558	558	23 resident in 1971 or thereafter for annual training
559	559	24 performed pursuant to Sections 502 and 503, Title 32,
560	560	25 United States Code as a member of the Illinois
561	561	26 National Guard or, beginning with taxable years ending
562	562
563	563
564	564
565	565
566	566
567	567	HB2395 - 15 - LRB104 08947 HLH 19002 b
568	568
569	569
570	570	HB2395- 16 -LRB104 08947 HLH 19002 b HB2395 - 16 - LRB104 08947 HLH 19002 b
571	571	HB2395 - 16 - LRB104 08947 HLH 19002 b
572	572	1 on or after December 31, 2007, the National Guard of
573	573	2 any other state. For taxable years ending on or after
574	574	3 December 31, 2001, any amount included in such total
575	575	4 in respect of any compensation (including but not
576	576	5 limited to any compensation paid or accrued to a
577	577	6 serviceman while a prisoner of war or missing in
578	578	7 action) paid to a resident by reason of being a member
579	579	8 of any component of the Armed Forces of the United
580	580	9 States and in respect of any compensation paid or
581	581	10 accrued to a resident who as a governmental employee
582	582	11 was a prisoner of war or missing in action, and in
583	583	12 respect of any compensation paid to a resident in 2001
584	584	13 or thereafter by reason of being a member of the
585	585	14 Illinois National Guard or, beginning with taxable
586	586	15 years ending on or after December 31, 2007, the
587	587	16 National Guard of any other state. The provisions of
588	588	17 this subparagraph (E) are exempt from the provisions
589	589	18 of Section 250;
590	590	19 (F) An amount equal to all amounts included in
591	591	20 such total pursuant to the provisions of Sections
592	592	21 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
593	593	22 408 of the Internal Revenue Code, or included in such
594	594	23 total as distributions under the provisions of any
595	595	24 retirement or disability plan for employees of any
596	596	25 governmental agency or unit, or retirement payments to
597	597	26 retired partners, which payments are excluded in
598	598
599	599
600	600
601	601
602	602
603	603	HB2395 - 16 - LRB104 08947 HLH 19002 b
604	604
605	605
606	606	HB2395- 17 -LRB104 08947 HLH 19002 b HB2395 - 17 - LRB104 08947 HLH 19002 b
607	607	HB2395 - 17 - LRB104 08947 HLH 19002 b
608	608	1 computing net earnings from self employment by Section
609	609	2 1402 of the Internal Revenue Code and regulations
610	610	3 adopted pursuant thereto;
611	611	4 (G) The valuation limitation amount;
612	612	5 (H) An amount equal to the amount of any tax
613	613	6 imposed by this Act which was refunded to the taxpayer
614	614	7 and included in such total for the taxable year;
615	615	8 (I) An amount equal to all amounts included in
616	616	9 such total pursuant to the provisions of Section 111
617	617	10 of the Internal Revenue Code as a recovery of items
618	618	11 previously deducted from adjusted gross income in the
619	619	12 computation of taxable income;
620	620	13 (J) An amount equal to those dividends included in
621	621	14 such total which were paid by a corporation which
622	622	15 conducts business operations in a River Edge
623	623	16 Redevelopment Zone or zones created under the River
624	624	17 Edge Redevelopment Zone Act, and conducts
625	625	18 substantially all of its operations in a River Edge
626	626	19 Redevelopment Zone or zones. This subparagraph (J) is
627	627	20 exempt from the provisions of Section 250;
628	628	21 (K) An amount equal to those dividends included in
629	629	22 such total that were paid by a corporation that
630	630	23 conducts business operations in a federally designated
631	631	24 Foreign Trade Zone or Sub-Zone and that is designated
632	632	25 a High Impact Business located in Illinois; provided
633	633	26 that dividends eligible for the deduction provided in
634	634
635	635
636	636
637	637
638	638
639	639	HB2395 - 17 - LRB104 08947 HLH 19002 b
640	640
641	641
642	642	HB2395- 18 -LRB104 08947 HLH 19002 b HB2395 - 18 - LRB104 08947 HLH 19002 b
643	643	HB2395 - 18 - LRB104 08947 HLH 19002 b
644	644	1 subparagraph (J) of paragraph (2) of this subsection
645	645	2 shall not be eligible for the deduction provided under
646	646	3 this subparagraph (K);
647	647	4 (L) For taxable years ending after December 31,
648	648	5 1983, an amount equal to all social security benefits
649	649	6 and railroad retirement benefits included in such
650	650	7 total pursuant to Sections 72(r) and 86 of the
651	651	8 Internal Revenue Code;
652	652	9 (M) With the exception of any amounts subtracted
653	653	10 under subparagraph (N), an amount equal to the sum of
654	654	11 all amounts disallowed as deductions by (i) Sections
655	655	12 171(a)(2) and 265(a)(2) of the Internal Revenue Code,
656	656	13 and all amounts of expenses allocable to interest and
657	657	14 disallowed as deductions by Section 265(a)(1) of the
658	658	15 Internal Revenue Code; and (ii) for taxable years
659	659	16 ending on or after August 13, 1999, Sections
660	660	17 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
661	661	18 Internal Revenue Code, plus, for taxable years ending
662	662	19 on or after December 31, 2011, Section 45G(e)(3) of
663	663	20 the Internal Revenue Code and, for taxable years
664	664	21 ending on or after December 31, 2008, any amount
665	665	22 included in gross income under Section 87 of the
666	666	23 Internal Revenue Code; the provisions of this
667	667	24 subparagraph are exempt from the provisions of Section
668	668	25 250;
669	669	26 (N) An amount equal to all amounts included in
670	670
671	671
672	672
673	673
674	674
675	675	HB2395 - 18 - LRB104 08947 HLH 19002 b
676	676
677	677
678	678	HB2395- 19 -LRB104 08947 HLH 19002 b HB2395 - 19 - LRB104 08947 HLH 19002 b
679	679	HB2395 - 19 - LRB104 08947 HLH 19002 b
680	680	1 such total which are exempt from taxation by this
681	681	2 State either by reason of its statutes or Constitution
682	682	3 or by reason of the Constitution, treaties or statutes
683	683	4 of the United States; provided that, in the case of any
684	684	5 statute of this State that exempts income derived from
685	685	6 bonds or other obligations from the tax imposed under
686	686	7 this Act, the amount exempted shall be the interest
687	687	8 net of bond premium amortization;
688	688	9 (O) An amount equal to any contribution made to a
689	689	10 job training project established pursuant to the Tax
690	690	11 Increment Allocation Redevelopment Act;
691	691	12 (P) An amount equal to the amount of the deduction
692	692	13 used to compute the federal income tax credit for
693	693	14 restoration of substantial amounts held under claim of
694	694	15 right for the taxable year pursuant to Section 1341 of
695	695	16 the Internal Revenue Code or of any itemized deduction
696	696	17 taken from adjusted gross income in the computation of
697	697	18 taxable income for restoration of substantial amounts
698	698	19 held under claim of right for the taxable year;
699	699	20 (Q) An amount equal to any amounts included in
700	700	21 such total, received by the taxpayer as an
701	701	22 acceleration in the payment of life, endowment or
702	702	23 annuity benefits in advance of the time they would
703	703	24 otherwise be payable as an indemnity for a terminal
704	704	25 illness;
705	705	26 (R) An amount equal to the amount of any federal or
706	706
707	707
708	708
709	709
710	710
711	711	HB2395 - 19 - LRB104 08947 HLH 19002 b
712	712
713	713
714	714	HB2395- 20 -LRB104 08947 HLH 19002 b HB2395 - 20 - LRB104 08947 HLH 19002 b
715	715	HB2395 - 20 - LRB104 08947 HLH 19002 b
716	716	1 State bonus paid to veterans of the Persian Gulf War;
717	717	2 (S) An amount, to the extent included in adjusted
718	718	3 gross income, equal to the amount of a contribution
719	719	4 made in the taxable year on behalf of the taxpayer to a
720	720	5 medical care savings account established under the
721	721	6 Medical Care Savings Account Act or the Medical Care
722	722	7 Savings Account Act of 2000 to the extent the
723	723	8 contribution is accepted by the account administrator
724	724	9 as provided in that Act;
725	725	10 (T) An amount, to the extent included in adjusted
726	726	11 gross income, equal to the amount of interest earned
727	727	12 in the taxable year on a medical care savings account
728	728	13 established under the Medical Care Savings Account Act
729	729	14 or the Medical Care Savings Account Act of 2000 on
730	730	15 behalf of the taxpayer, other than interest added
731	731	16 pursuant to item (D-5) of this paragraph (2);
732	732	17 (U) For one taxable year beginning on or after
733	733	18 January 1, 1994, an amount equal to the total amount of
734	734	19 tax imposed and paid under subsections (a) and (b) of
735	735	20 Section 201 of this Act on grant amounts received by
736	736	21 the taxpayer under the Nursing Home Grant Assistance
737	737	22 Act during the taxpayer's taxable years 1992 and 1993;
738	738	23 (V) Beginning with tax years ending on or after
739	739	24 December 31, 1995 and ending with tax years ending on
740	740	25 or before December 31, 2004, an amount equal to the
741	741	26 amount paid by a taxpayer who is a self-employed
742	742
743	743
744	744
745	745
746	746
747	747	HB2395 - 20 - LRB104 08947 HLH 19002 b
748	748
749	749
750	750	HB2395- 21 -LRB104 08947 HLH 19002 b HB2395 - 21 - LRB104 08947 HLH 19002 b
751	751	HB2395 - 21 - LRB104 08947 HLH 19002 b
752	752	1 taxpayer, a partner of a partnership, or a shareholder
753	753	2 in a Subchapter S corporation for health insurance or
754	754	3 long-term care insurance for that taxpayer or that
755	755	4 taxpayer's spouse or dependents, to the extent that
756	756	5 the amount paid for that health insurance or long-term
757	757	6 care insurance may be deducted under Section 213 of
758	758	7 the Internal Revenue Code, has not been deducted on
759	759	8 the federal income tax return of the taxpayer, and
760	760	9 does not exceed the taxable income attributable to
761	761	10 that taxpayer's income, self-employment income, or
762	762	11 Subchapter S corporation income; except that no
763	763	12 deduction shall be allowed under this item (V) if the
764	764	13 taxpayer is eligible to participate in any health
765	765	14 insurance or long-term care insurance plan of an
766	766	15 employer of the taxpayer or the taxpayer's spouse. The
767	767	16 amount of the health insurance and long-term care
768	768	17 insurance subtracted under this item (V) shall be
769	769	18 determined by multiplying total health insurance and
770	770	19 long-term care insurance premiums paid by the taxpayer
771	771	20 times a number that represents the fractional
772	772	21 percentage of eligible medical expenses under Section
773	773	22 213 of the Internal Revenue Code of 1986 not actually
774	774	23 deducted on the taxpayer's federal income tax return;
775	775	24 (W) For taxable years beginning on or after
776	776	25 January 1, 1998, all amounts included in the
777	777	26 taxpayer's federal gross income in the taxable year
778	778
779	779
780	780
781	781
782	782
783	783	HB2395 - 21 - LRB104 08947 HLH 19002 b
784	784
785	785
786	786	HB2395- 22 -LRB104 08947 HLH 19002 b HB2395 - 22 - LRB104 08947 HLH 19002 b
787	787	HB2395 - 22 - LRB104 08947 HLH 19002 b
788	788	1 from amounts converted from a regular IRA to a Roth
789	789	2 IRA. This paragraph is exempt from the provisions of
790	790	3 Section 250;
791	791	4 (X) For taxable year 1999 and thereafter, an
792	792	5 amount equal to the amount of any (i) distributions,
793	793	6 to the extent includible in gross income for federal
794	794	7 income tax purposes, made to the taxpayer because of
795	795	8 his or her status as a victim of persecution for racial
796	796	9 or religious reasons by Nazi Germany or any other Axis
797	797	10 regime or as an heir of the victim and (ii) items of
798	798	11 income, to the extent includible in gross income for
799	799	12 federal income tax purposes, attributable to, derived
800	800	13 from or in any way related to assets stolen from,
801	801	14 hidden from, or otherwise lost to a victim of
802	802	15 persecution for racial or religious reasons by Nazi
803	803	16 Germany or any other Axis regime immediately prior to,
804	804	17 during, and immediately after World War II, including,
805	805	18 but not limited to, interest on the proceeds
806	806	19 receivable as insurance under policies issued to a
807	807	20 victim of persecution for racial or religious reasons
808	808	21 by Nazi Germany or any other Axis regime by European
809	809	22 insurance companies immediately prior to and during
810	810	23 World War II; provided, however, this subtraction from
811	811	24 federal adjusted gross income does not apply to assets
812	812	25 acquired with such assets or with the proceeds from
813	813	26 the sale of such assets; provided, further, this
814	814
815	815
816	816
817	817
818	818
819	819	HB2395 - 22 - LRB104 08947 HLH 19002 b
820	820
821	821
822	822	HB2395- 23 -LRB104 08947 HLH 19002 b HB2395 - 23 - LRB104 08947 HLH 19002 b
823	823	HB2395 - 23 - LRB104 08947 HLH 19002 b
824	824	1 paragraph shall only apply to a taxpayer who was the
825	825	2 first recipient of such assets after their recovery
826	826	3 and who is a victim of persecution for racial or
827	827	4 religious reasons by Nazi Germany or any other Axis
828	828	5 regime or as an heir of the victim. The amount of and
829	829	6 the eligibility for any public assistance, benefit, or
830	830	7 similar entitlement is not affected by the inclusion
831	831	8 of items (i) and (ii) of this paragraph in gross income
832	832	9 for federal income tax purposes. This paragraph is
833	833	10 exempt from the provisions of Section 250;
834	834	11 (Y) For taxable years beginning on or after
835	835	12 January 1, 2002 and ending on or before December 31,
836	836	13 2004, moneys contributed in the taxable year to a
837	837	14 College Savings Pool account under Section 16.5 of the
838	838	15 State Treasurer Act, except that amounts excluded from
839	839	16 gross income under Section 529(c)(3)(C)(i) of the
840	840	17 Internal Revenue Code shall not be considered moneys
841	841	18 contributed under this subparagraph (Y). For taxable
842	842	19 years beginning on or after January 1, 2005, a maximum
843	843	20 of $10,000 contributed in the taxable year to (i) a
844	844	21 College Savings Pool account under Section 16.5 of the
845	845	22 State Treasurer Act or (ii) the Illinois Prepaid
846	846	23 Tuition Trust Fund, except that amounts excluded from
847	847	24 gross income under Section 529(c)(3)(C)(i) of the
848	848	25 Internal Revenue Code shall not be considered moneys
849	849	26 contributed under this subparagraph (Y). For purposes
850	850
851	851
852	852
853	853
854	854
855	855	HB2395 - 23 - LRB104 08947 HLH 19002 b
856	856
857	857
858	858	HB2395- 24 -LRB104 08947 HLH 19002 b HB2395 - 24 - LRB104 08947 HLH 19002 b
859	859	HB2395 - 24 - LRB104 08947 HLH 19002 b
860	860	1 of this subparagraph, contributions made by an
861	861	2 employer on behalf of an employee, or matching
862	862	3 contributions made by an employee, shall be treated as
863	863	4 made by the employee. This subparagraph (Y) is exempt
864	864	5 from the provisions of Section 250;
865	865	6 (Z) For taxable years 2001 and thereafter, for the
866	866	7 taxable year in which the bonus depreciation deduction
867	867	8 is taken on the taxpayer's federal income tax return
868	868	9 under subsection (k) of Section 168 of the Internal
869	869	10 Revenue Code and for each applicable taxable year
870	870	11 thereafter, an amount equal to "x", where:
871	871	12 (1) "y" equals the amount of the depreciation
872	872	13 deduction taken for the taxable year on the
873	873	14 taxpayer's federal income tax return on property
874	874	15 for which the bonus depreciation deduction was
875	875	16 taken in any year under subsection (k) of Section
876	876	17 168 of the Internal Revenue Code, but not
877	877	18 including the bonus depreciation deduction;
878	878	19 (2) for taxable years ending on or before
879	879	20 December 31, 2005, "x" equals "y" multiplied by 30
880	880	21 and then divided by 70 (or "y" multiplied by
881	881	22 0.429); and
882	882	23 (3) for taxable years ending after December
883	883	24 31, 2005:
884	884	25 (i) for property on which a bonus
885	885	26 depreciation deduction of 30% of the adjusted
886	886
887	887
888	888
889	889
890	890
891	891	HB2395 - 24 - LRB104 08947 HLH 19002 b
892	892
893	893
894	894	HB2395- 25 -LRB104 08947 HLH 19002 b HB2395 - 25 - LRB104 08947 HLH 19002 b
895	895	HB2395 - 25 - LRB104 08947 HLH 19002 b
896	896	1 basis was taken, "x" equals "y" multiplied by
897	897	2 30 and then divided by 70 (or "y" multiplied
898	898	3 by 0.429);
899	899	4 (ii) for property on which a bonus
900	900	5 depreciation deduction of 50% of the adjusted
901	901	6 basis was taken, "x" equals "y" multiplied by
902	902	7 1.0;
903	903	8 (iii) for property on which a bonus
904	904	9 depreciation deduction of 100% of the adjusted
905	905	10 basis was taken in a taxable year ending on or
906	906	11 after December 31, 2021, "x" equals the
907	907	12 depreciation deduction that would be allowed
908	908	13 on that property if the taxpayer had made the
909	909	14 election under Section 168(k)(7) of the
910	910	15 Internal Revenue Code to not claim bonus
911	911	16 depreciation on that property; and
912	912	17 (iv) for property on which a bonus
913	913	18 depreciation deduction of a percentage other
914	914	19 than 30%, 50% or 100% of the adjusted basis
915	915	20 was taken in a taxable year ending on or after
916	916	21 December 31, 2021, "x" equals "y" multiplied
917	917	22 by 100 times the percentage bonus depreciation
918	918	23 on the property (that is, 100(bonus%)) and
919	919	24 then divided by 100 times 1 minus the
920	920	25 percentage bonus depreciation on the property
921	921	26 (that is, 100(1-bonus%)).
922	922
923	923
924	924
925	925
926	926
927	927	HB2395 - 25 - LRB104 08947 HLH 19002 b
928	928
929	929
930	930	HB2395- 26 -LRB104 08947 HLH 19002 b HB2395 - 26 - LRB104 08947 HLH 19002 b
931	931	HB2395 - 26 - LRB104 08947 HLH 19002 b
932	932	1 The aggregate amount deducted under this
933	933	2 subparagraph in all taxable years for any one piece of
934	934	3 property may not exceed the amount of the bonus
935	935	4 depreciation deduction taken on that property on the
936	936	5 taxpayer's federal income tax return under subsection
937	937	6 (k) of Section 168 of the Internal Revenue Code. This
938	938	7 subparagraph (Z) is exempt from the provisions of
939	939	8 Section 250;
940	940	9 (AA) If the taxpayer sells, transfers, abandons,
941	941	10 or otherwise disposes of property for which the
942	942	11 taxpayer was required in any taxable year to make an
943	943	12 addition modification under subparagraph (D-15), then
944	944	13 an amount equal to that addition modification.
945	945	14 If the taxpayer continues to own property through
946	946	15 the last day of the last tax year for which a
947	947	16 subtraction is allowed with respect to that property
948	948	17 under subparagraph (Z) and for which the taxpayer was
949	949	18 required in any taxable year to make an addition
950	950	19 modification under subparagraph (D-15), then an amount
951	951	20 equal to that addition modification.
952	952	21 The taxpayer is allowed to take the deduction
953	953	22 under this subparagraph only once with respect to any
954	954	23 one piece of property.
955	955	24 This subparagraph (AA) is exempt from the
956	956	25 provisions of Section 250;
957	957	26 (BB) Any amount included in adjusted gross income,
958	958
959	959
960	960
961	961
962	962
963	963	HB2395 - 26 - LRB104 08947 HLH 19002 b
964	964
965	965
966	966	HB2395- 27 -LRB104 08947 HLH 19002 b HB2395 - 27 - LRB104 08947 HLH 19002 b
967	967	HB2395 - 27 - LRB104 08947 HLH 19002 b
968	968	1 other than salary, received by a driver in a
969	969	2 ridesharing arrangement using a motor vehicle;
970	970	3 (CC) The amount of (i) any interest income (net of
971	971	4 the deductions allocable thereto) taken into account
972	972	5 for the taxable year with respect to a transaction
973	973	6 with a taxpayer that is required to make an addition
974	974	7 modification with respect to such transaction under
975	975	8 Section 203(a)(2)(D-17), 203(b)(2)(E-12),
976	976	9 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
977	977	10 the amount of that addition modification, and (ii) any
978	978	11 income from intangible property (net of the deductions
979	979	12 allocable thereto) taken into account for the taxable
980	980	13 year with respect to a transaction with a taxpayer
981	981	14 that is required to make an addition modification with
982	982	15 respect to such transaction under Section
983	983	16 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
984	984	17 203(d)(2)(D-8), but not to exceed the amount of that
985	985	18 addition modification. This subparagraph (CC) is
986	986	19 exempt from the provisions of Section 250;
987	987	20 (DD) An amount equal to the interest income taken
988	988	21 into account for the taxable year (net of the
989	989	22 deductions allocable thereto) with respect to
990	990	23 transactions with (i) a foreign person who would be a
991	991	24 member of the taxpayer's unitary business group but
992	992	25 for the fact that the foreign person's business
993	993	26 activity outside the United States is 80% or more of
994	994
995	995
996	996
997	997
998	998
999	999	HB2395 - 27 - LRB104 08947 HLH 19002 b
1000	1000
1001	1001
1002	1002	HB2395- 28 -LRB104 08947 HLH 19002 b HB2395 - 28 - LRB104 08947 HLH 19002 b
1003	1003	HB2395 - 28 - LRB104 08947 HLH 19002 b
1004	1004	1 that person's total business activity and (ii) for
1005	1005	2 taxable years ending on or after December 31, 2008, to
1006	1006	3 a person who would be a member of the same unitary
1007	1007	4 business group but for the fact that the person is
1008	1008	5 prohibited under Section 1501(a)(27) from being
1009	1009	6 included in the unitary business group because he or
1010	1010	7 she is ordinarily required to apportion business
1011	1011	8 income under different subsections of Section 304, but
1012	1012	9 not to exceed the addition modification required to be
1013	1013	10 made for the same taxable year under Section
1014	1014	11 203(a)(2)(D-17) for interest paid, accrued, or
1015	1015	12 incurred, directly or indirectly, to the same person.
1016	1016	13 This subparagraph (DD) is exempt from the provisions
1017	1017	14 of Section 250;
1018	1018	15 (EE) An amount equal to the income from intangible
1019	1019	16 property taken into account for the taxable year (net
1020	1020	17 of the deductions allocable thereto) with respect to
1021	1021	18 transactions with (i) a foreign person who would be a
1022	1022	19 member of the taxpayer's unitary business group but
1023	1023	20 for the fact that the foreign person's business
1024	1024	21 activity outside the United States is 80% or more of
1025	1025	22 that person's total business activity and (ii) for
1026	1026	23 taxable years ending on or after December 31, 2008, to
1027	1027	24 a person who would be a member of the same unitary
1028	1028	25 business group but for the fact that the person is
1029	1029	26 prohibited under Section 1501(a)(27) from being
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	HB2395 - 28 - LRB104 08947 HLH 19002 b
1036	1036
1037	1037
1038	1038	HB2395- 29 -LRB104 08947 HLH 19002 b HB2395 - 29 - LRB104 08947 HLH 19002 b
1039	1039	HB2395 - 29 - LRB104 08947 HLH 19002 b
1040	1040	1 included in the unitary business group because he or
1041	1041	2 she is ordinarily required to apportion business
1042	1042	3 income under different subsections of Section 304, but
1043	1043	4 not to exceed the addition modification required to be
1044	1044	5 made for the same taxable year under Section
1045	1045	6 203(a)(2)(D-18) for intangible expenses and costs
1046	1046	7 paid, accrued, or incurred, directly or indirectly, to
1047	1047	8 the same foreign person. This subparagraph (EE) is
1048	1048	9 exempt from the provisions of Section 250;
1049	1049	10 (FF) An amount equal to any amount awarded to the
1050	1050	11 taxpayer during the taxable year by the Court of
1051	1051	12 Claims under subsection (c) of Section 8 of the Court
1052	1052	13 of Claims Act for time unjustly served in a State
1053	1053	14 prison. This subparagraph (FF) is exempt from the
1054	1054	15 provisions of Section 250;
1055	1055	16 (GG) For taxable years ending on or after December
1056	1056	17 31, 2011, in the case of a taxpayer who was required to
1057	1057	18 add back any insurance premiums under Section
1058	1058	19 203(a)(2)(D-19), such taxpayer may elect to subtract
1059	1059	20 that part of a reimbursement received from the
1060	1060	21 insurance company equal to the amount of the expense
1061	1061	22 or loss (including expenses incurred by the insurance
1062	1062	23 company) that would have been taken into account as a
1063	1063	24 deduction for federal income tax purposes if the
1064	1064	25 expense or loss had been uninsured. If a taxpayer
1065	1065	26 makes the election provided for by this subparagraph
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	HB2395 - 29 - LRB104 08947 HLH 19002 b
1072	1072
1073	1073
1074	1074	HB2395- 30 -LRB104 08947 HLH 19002 b HB2395 - 30 - LRB104 08947 HLH 19002 b
1075	1075	HB2395 - 30 - LRB104 08947 HLH 19002 b
1076	1076	1 (GG), the insurer to which the premiums were paid must
1077	1077	2 add back to income the amount subtracted by the
1078	1078	3 taxpayer pursuant to this subparagraph (GG). This
1079	1079	4 subparagraph (GG) is exempt from the provisions of
1080	1080	5 Section 250;
1081	1081	6 (HH) For taxable years beginning on or after
1082	1082	7 January 1, 2018 and prior to January 1, 2028, a maximum
1083	1083	8 of $10,000 contributed in the taxable year to a
1084	1084	9 qualified ABLE account under Section 16.6 of the State
1085	1085	10 Treasurer Act, except that amounts excluded from gross
1086	1086	11 income under Section 529(c)(3)(C)(i) or Section
1087	1087	12 529A(c)(1)(C) of the Internal Revenue Code shall not
1088	1088	13 be considered moneys contributed under this
1089	1089	14 subparagraph (HH). For purposes of this subparagraph
1090	1090	15 (HH), contributions made by an employer on behalf of
1091	1091	16 an employee, or matching contributions made by an
1092	1092	17 employee, shall be treated as made by the employee;
1093	1093	18 (II) For taxable years that begin on or after
1094	1094	19 January 1, 2021 and begin before January 1, 2026, the
1095	1095	20 amount that is included in the taxpayer's federal
1096	1096	21 adjusted gross income pursuant to Section 61 of the
1097	1097	22 Internal Revenue Code as discharge of indebtedness
1098	1098	23 attributable to student loan forgiveness and that is
1099	1099	24 not excluded from the taxpayer's federal adjusted
1100	1100	25 gross income pursuant to paragraph (5) of subsection
1101	1101	26 (f) of Section 108 of the Internal Revenue Code;
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107	HB2395 - 30 - LRB104 08947 HLH 19002 b
1108	1108
1109	1109
1110	1110	HB2395- 31 -LRB104 08947 HLH 19002 b HB2395 - 31 - LRB104 08947 HLH 19002 b
1111	1111	HB2395 - 31 - LRB104 08947 HLH 19002 b
1112	1112	1 (JJ) For taxable years beginning on or after
1113	1113	2 January 1, 2023, for any cannabis establishment
1114	1114	3 operating in this State and licensed under the
1115	1115	4 Cannabis Regulation and Tax Act or any cannabis
1116	1116	5 cultivation center or medical cannabis dispensing
1117	1117	6 organization operating in this State and licensed
1118	1118	7 under the Compassionate Use of Medical Cannabis
1119	1119	8 Program Act, an amount equal to the deductions that
1120	1120	9 were disallowed under Section 280E of the Internal
1121	1121	10 Revenue Code for the taxable year and that would not be
1122	1122	11 added back under this subsection. The provisions of
1123	1123	12 this subparagraph (JJ) are exempt from the provisions
1124	1124	13 of Section 250; and
1125	1125	14 (KK) To the extent includible in gross income for
1126	1126	15 federal income tax purposes, any amount awarded or
1127	1127	16 paid to the taxpayer as a result of a judgment or
1128	1128	17 settlement for fertility fraud as provided in Section
1129	1129	18 15 of the Illinois Fertility Fraud Act, donor
1130	1130	19 fertility fraud as provided in Section 20 of the
1131	1131	20 Illinois Fertility Fraud Act, or similar action in
1132	1132	21 another state; and
1133	1133	22 (LL) For taxable years beginning on or after
1134	1134	23 January 1, 2026, if the taxpayer is a qualified
1135	1135	24 worker, as defined in the Workforce Development
1136	1136	25 through Charitable Loan Repayment Act, an amount equal
1137	1137	26 to the amount included in the taxpayer's federal
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143	HB2395 - 31 - LRB104 08947 HLH 19002 b
1144	1144
1145	1145
1146	1146	HB2395- 32 -LRB104 08947 HLH 19002 b HB2395 - 32 - LRB104 08947 HLH 19002 b
1147	1147	HB2395 - 32 - LRB104 08947 HLH 19002 b
1148	1148	1 adjusted gross income that is attributable to student
1149	1149	2 loan repayment assistance received by the taxpayer
1150	1150	3 during the taxable year from a qualified community
1151	1151	4 foundation under the provisions of the Workforce
1152	1152	5 Development through Through Charitable Loan Repayment
1153	1153	6 Act.
1154	1154	7 This subparagraph (LL) is exempt from the
1155	1155	8 provisions of Section 250; .
1156	1156	9 (MM) (LL) For taxable years beginning on or after
1157	1157	10 January 1, 2025, if the taxpayer is an eligible
1158	1158	11 resident as defined in the Medical Debt Relief Act, an
1159	1159	12 amount equal to the amount included in the taxpayer's
1160	1160	13 federal adjusted gross income that is attributable to
1161	1161	14 medical debt relief received by the taxpayer during
1162	1162	15 the taxable year from a nonprofit medical debt relief
1163	1163	16 coordinator under the provisions of the Medical Debt
1164	1164	17 Relief Act. This subparagraph (MM) (LL) is exempt from
1165	1165	18 the provisions of Section 250; and .
1166	1166	19 (NN) For taxable years beginning on or after
1167	1167	20 January 1, 2026, the full amount of union dues paid by
1168	1168	21 the taxpayer during the taxable year if the taxpayer
1169	1169	22 was not allowed a federal deduction by operation of
1170	1170	23 Section 67 of the Internal Revenue Code. If any amount
1171	1171	24 of union dues representing federal miscellaneous
1172	1172	25 itemized deductions was allowed, then the amount
1173	1173	26 allowed as a deduction under this subparagraph (NN)
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179	HB2395 - 32 - LRB104 08947 HLH 19002 b
1180	1180
1181	1181
1182	1182	HB2395- 33 -LRB104 08947 HLH 19002 b HB2395 - 33 - LRB104 08947 HLH 19002 b
1183	1183	HB2395 - 33 - LRB104 08947 HLH 19002 b
1184	1184	1 shall be a percentage of the union dues disallowed by
1185	1185	2 the operation of Section 67 of the Internal Revenue
1186	1186	3 Code computed by multiplying the total union dues paid
1187	1187	4 by the taxpayer during the taxable year by a
1188	1188	5 percentage determined by subtracting from one a
1189	1189	6 fraction where the numerator is the amount of federal
1190	1190	7 miscellaneous deductions allowed and the denominator
1191	1191	8 is the aggregate federal miscellaneous itemized
1192	1192	9 deductions before application of the 2% floor under
1193	1193	10 Section 67 of the Internal Revenue Code. As used in
1194	1194	11 this subparagraph (NN), union dues are those amounts
1195	1195	12 that are deductible as union dues and agency shop fees
1196	1196	13 under Section 162 of the Internal Revenue Code. This
1197	1197	14 subparagraph (NN) is exempt from the provisions of
1198	1198	15 Section 250.
1199	1199	16 (b) Corporations.
1200	1200	17 (1) In general. In the case of a corporation, base
1201	1201	18 income means an amount equal to the taxpayer's taxable
1202	1202	19 income for the taxable year as modified by paragraph (2).
1203	1203	20 (2) Modifications. The taxable income referred to in
1204	1204	21 paragraph (1) shall be modified by adding thereto the sum
1205	1205	22 of the following amounts:
1206	1206	23 (A) An amount equal to all amounts paid or accrued
1207	1207	24 to the taxpayer as interest and all distributions
1208	1208	25 received from regulated investment companies during
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214	HB2395 - 33 - LRB104 08947 HLH 19002 b
1215	1215
1216	1216
1217	1217	HB2395- 34 -LRB104 08947 HLH 19002 b HB2395 - 34 - LRB104 08947 HLH 19002 b
1218	1218	HB2395 - 34 - LRB104 08947 HLH 19002 b
1219	1219	1 the taxable year to the extent excluded from gross
1220	1220	2 income in the computation of taxable income;
1221	1221	3 (B) An amount equal to the amount of tax imposed by
1222	1222	4 this Act to the extent deducted from gross income in
1223	1223	5 the computation of taxable income for the taxable
1224	1224	6 year;
1225	1225	7 (C) In the case of a regulated investment company,
1226	1226	8 an amount equal to the excess of (i) the net long-term
1227	1227	9 capital gain for the taxable year, over (ii) the
1228	1228	10 amount of the capital gain dividends designated as
1229	1229	11 such in accordance with Section 852(b)(3)(C) of the
1230	1230	12 Internal Revenue Code and any amount designated under
1231	1231	13 Section 852(b)(3)(D) of the Internal Revenue Code,
1232	1232	14 attributable to the taxable year (this amendatory Act
1233	1233	15 of 1995 (Public Act 89-89) is declarative of existing
1234	1234	16 law and is not a new enactment);
1235	1235	17 (D) The amount of any net operating loss deduction
1236	1236	18 taken in arriving at taxable income, other than a net
1237	1237	19 operating loss carried forward from a taxable year
1238	1238	20 ending prior to December 31, 1986;
1239	1239	21 (E) For taxable years in which a net operating
1240	1240	22 loss carryback or carryforward from a taxable year
1241	1241	23 ending prior to December 31, 1986 is an element of
1242	1242	24 taxable income under paragraph (1) of subsection (e)
1243	1243	25 or subparagraph (E) of paragraph (2) of subsection
1244	1244	26 (e), the amount by which addition modifications other
1245	1245
1246	1246
1247	1247
1248	1248
1249	1249
1250	1250	HB2395 - 34 - LRB104 08947 HLH 19002 b
1251	1251
1252	1252
1253	1253	HB2395- 35 -LRB104 08947 HLH 19002 b HB2395 - 35 - LRB104 08947 HLH 19002 b
1254	1254	HB2395 - 35 - LRB104 08947 HLH 19002 b
1255	1255	1 than those provided by this subparagraph (E) exceeded
1256	1256	2 subtraction modifications in such earlier taxable
1257	1257	3 year, with the following limitations applied in the
1258	1258	4 order that they are listed:
1259	1259	5 (i) the addition modification relating to the
1260	1260	6 net operating loss carried back or forward to the
1261	1261	7 taxable year from any taxable year ending prior to
1262	1262	8 December 31, 1986 shall be reduced by the amount
1263	1263	9 of addition modification under this subparagraph
1264	1264	10 (E) which related to that net operating loss and
1265	1265	11 which was taken into account in calculating the
1266	1266	12 base income of an earlier taxable year, and
1267	1267	13 (ii) the addition modification relating to the
1268	1268	14 net operating loss carried back or forward to the
1269	1269	15 taxable year from any taxable year ending prior to
1270	1270	16 December 31, 1986 shall not exceed the amount of
1271	1271	17 such carryback or carryforward;
1272	1272	18 For taxable years in which there is a net
1273	1273	19 operating loss carryback or carryforward from more
1274	1274	20 than one other taxable year ending prior to December
1275	1275	21 31, 1986, the addition modification provided in this
1276	1276	22 subparagraph (E) shall be the sum of the amounts
1277	1277	23 computed independently under the preceding provisions
1278	1278	24 of this subparagraph (E) for each such taxable year;
1279	1279	25 (E-5) For taxable years ending after December 31,
1280	1280	26 1997, an amount equal to any eligible remediation
1281	1281
1282	1282
1283	1283
1284	1284
1285	1285
1286	1286	HB2395 - 35 - LRB104 08947 HLH 19002 b
1287	1287
1288	1288
1289	1289	HB2395- 36 -LRB104 08947 HLH 19002 b HB2395 - 36 - LRB104 08947 HLH 19002 b
1290	1290	HB2395 - 36 - LRB104 08947 HLH 19002 b
1291	1291	1 costs that the corporation deducted in computing
1292	1292	2 adjusted gross income and for which the corporation
1293	1293	3 claims a credit under subsection (l) of Section 201;
1294	1294	4 (E-10) For taxable years 2001 and thereafter, an
1295	1295	5 amount equal to the bonus depreciation deduction taken
1296	1296	6 on the taxpayer's federal income tax return for the
1297	1297	7 taxable year under subsection (k) of Section 168 of
1298	1298	8 the Internal Revenue Code;
1299	1299	9 (E-11) If the taxpayer sells, transfers, abandons,
1300	1300	10 or otherwise disposes of property for which the
1301	1301	11 taxpayer was required in any taxable year to make an
1302	1302	12 addition modification under subparagraph (E-10), then
1303	1303	13 an amount equal to the aggregate amount of the
1304	1304	14 deductions taken in all taxable years under
1305	1305	15 subparagraph (T) with respect to that property.
1306	1306	16 If the taxpayer continues to own property through
1307	1307	17 the last day of the last tax year for which a
1308	1308	18 subtraction is allowed with respect to that property
1309	1309	19 under subparagraph (T) and for which the taxpayer was
1310	1310	20 allowed in any taxable year to make a subtraction
1311	1311	21 modification under subparagraph (T), then an amount
1312	1312	22 equal to that subtraction modification.
1313	1313	23 The taxpayer is required to make the addition
1314	1314	24 modification under this subparagraph only once with
1315	1315	25 respect to any one piece of property;
1316	1316	26 (E-12) An amount equal to the amount otherwise
1317	1317
1318	1318
1319	1319
1320	1320
1321	1321
1322	1322	HB2395 - 36 - LRB104 08947 HLH 19002 b
1323	1323
1324	1324
1325	1325	HB2395- 37 -LRB104 08947 HLH 19002 b HB2395 - 37 - LRB104 08947 HLH 19002 b
1326	1326	HB2395 - 37 - LRB104 08947 HLH 19002 b
1327	1327	1 allowed as a deduction in computing base income for
1328	1328	2 interest paid, accrued, or incurred, directly or
1329	1329	3 indirectly, (i) for taxable years ending on or after
1330	1330	4 December 31, 2004, to a foreign person who would be a
1331	1331	5 member of the same unitary business group but for the
1332	1332	6 fact the foreign person's business activity outside
1333	1333	7 the United States is 80% or more of the foreign
1334	1334	8 person's total business activity and (ii) for taxable
1335	1335	9 years ending on or after December 31, 2008, to a person
1336	1336	10 who would be a member of the same unitary business
1337	1337	11 group but for the fact that the person is prohibited
1338	1338	12 under Section 1501(a)(27) from being included in the
1339	1339	13 unitary business group because he or she is ordinarily
1340	1340	14 required to apportion business income under different
1341	1341	15 subsections of Section 304. The addition modification
1342	1342	16 required by this subparagraph shall be reduced to the
1343	1343	17 extent that dividends were included in base income of
1344	1344	18 the unitary group for the same taxable year and
1345	1345	19 received by the taxpayer or by a member of the
1346	1346	20 taxpayer's unitary business group (including amounts
1347	1347	21 included in gross income pursuant to Sections 951
1348	1348	22 through 964 of the Internal Revenue Code and amounts
1349	1349	23 included in gross income under Section 78 of the
1350	1350	24 Internal Revenue Code) with respect to the stock of
1351	1351	25 the same person to whom the interest was paid,
1352	1352	26 accrued, or incurred.
1353	1353
1354	1354
1355	1355
1356	1356
1357	1357
1358	1358	HB2395 - 37 - LRB104 08947 HLH 19002 b
1359	1359
1360	1360
1361	1361	HB2395- 38 -LRB104 08947 HLH 19002 b HB2395 - 38 - LRB104 08947 HLH 19002 b
1362	1362	HB2395 - 38 - LRB104 08947 HLH 19002 b
1363	1363	1 This paragraph shall not apply to the following:
1364	1364	2 (i) an item of interest paid, accrued, or
1365	1365	3 incurred, directly or indirectly, to a person who
1366	1366	4 is subject in a foreign country or state, other
1367	1367	5 than a state which requires mandatory unitary
1368	1368	6 reporting, to a tax on or measured by net income
1369	1369	7 with respect to such interest; or
1370	1370	8 (ii) an item of interest paid, accrued, or
1371	1371	9 incurred, directly or indirectly, to a person if
1372	1372	10 the taxpayer can establish, based on a
1373	1373	11 preponderance of the evidence, both of the
1374	1374	12 following:
1375	1375	13 (a) the person, during the same taxable
1376	1376	14 year, paid, accrued, or incurred, the interest
1377	1377	15 to a person that is not a related member, and
1378	1378	16 (b) the transaction giving rise to the
1379	1379	17 interest expense between the taxpayer and the
1380	1380	18 person did not have as a principal purpose the
1381	1381	19 avoidance of Illinois income tax, and is paid
1382	1382	20 pursuant to a contract or agreement that
1383	1383	21 reflects an arm's-length interest rate and
1384	1384	22 terms; or
1385	1385	23 (iii) the taxpayer can establish, based on
1386	1386	24 clear and convincing evidence, that the interest
1387	1387	25 paid, accrued, or incurred relates to a contract
1388	1388	26 or agreement entered into at arm's-length rates
1389	1389
1390	1390
1391	1391
1392	1392
1393	1393
1394	1394	HB2395 - 38 - LRB104 08947 HLH 19002 b
1395	1395
1396	1396
1397	1397	HB2395- 39 -LRB104 08947 HLH 19002 b HB2395 - 39 - LRB104 08947 HLH 19002 b
1398	1398	HB2395 - 39 - LRB104 08947 HLH 19002 b
1399	1399	1 and terms and the principal purpose for the
1400	1400	2 payment is not federal or Illinois tax avoidance;
1401	1401	3 or
1402	1402	4 (iv) an item of interest paid, accrued, or
1403	1403	5 incurred, directly or indirectly, to a person if
1404	1404	6 the taxpayer establishes by clear and convincing
1405	1405	7 evidence that the adjustments are unreasonable; or
1406	1406	8 if the taxpayer and the Director agree in writing
1407	1407	9 to the application or use of an alternative method
1408	1408	10 of apportionment under Section 304(f).
1409	1409	11 Nothing in this subsection shall preclude the
1410	1410	12 Director from making any other adjustment
1411	1411	13 otherwise allowed under Section 404 of this Act
1412	1412	14 for any tax year beginning after the effective
1413	1413	15 date of this amendment provided such adjustment is
1414	1414	16 made pursuant to regulation adopted by the
1415	1415	17 Department and such regulations provide methods
1416	1416	18 and standards by which the Department will utilize
1417	1417	19 its authority under Section 404 of this Act;
1418	1418	20 (E-13) An amount equal to the amount of intangible
1419	1419	21 expenses and costs otherwise allowed as a deduction in
1420	1420	22 computing base income, and that were paid, accrued, or
1421	1421	23 incurred, directly or indirectly, (i) for taxable
1422	1422	24 years ending on or after December 31, 2004, to a
1423	1423	25 foreign person who would be a member of the same
1424	1424	26 unitary business group but for the fact that the
1425	1425
1426	1426
1427	1427
1428	1428
1429	1429
1430	1430	HB2395 - 39 - LRB104 08947 HLH 19002 b
1431	1431
1432	1432
1433	1433	HB2395- 40 -LRB104 08947 HLH 19002 b HB2395 - 40 - LRB104 08947 HLH 19002 b
1434	1434	HB2395 - 40 - LRB104 08947 HLH 19002 b
1435	1435	1 foreign person's business activity outside the United
1436	1436	2 States is 80% or more of that person's total business
1437	1437	3 activity and (ii) for taxable years ending on or after
1438	1438	4 December 31, 2008, to a person who would be a member of
1439	1439	5 the same unitary business group but for the fact that
1440	1440	6 the person is prohibited under Section 1501(a)(27)
1441	1441	7 from being included in the unitary business group
1442	1442	8 because he or she is ordinarily required to apportion
1443	1443	9 business income under different subsections of Section
1444	1444	10 304. The addition modification required by this
1445	1445	11 subparagraph shall be reduced to the extent that
1446	1446	12 dividends were included in base income of the unitary
1447	1447	13 group for the same taxable year and received by the
1448	1448	14 taxpayer or by a member of the taxpayer's unitary
1449	1449	15 business group (including amounts included in gross
1450	1450	16 income pursuant to Sections 951 through 964 of the
1451	1451	17 Internal Revenue Code and amounts included in gross
1452	1452	18 income under Section 78 of the Internal Revenue Code)
1453	1453	19 with respect to the stock of the same person to whom
1454	1454	20 the intangible expenses and costs were directly or
1455	1455	21 indirectly paid, incurred, or accrued. The preceding
1456	1456	22 sentence shall not apply to the extent that the same
1457	1457	23 dividends caused a reduction to the addition
1458	1458	24 modification required under Section 203(b)(2)(E-12) of
1459	1459	25 this Act. As used in this subparagraph, the term
1460	1460	26 "intangible expenses and costs" includes (1) expenses,
1461	1461
1462	1462
1463	1463
1464	1464
1465	1465
1466	1466	HB2395 - 40 - LRB104 08947 HLH 19002 b
1467	1467
1468	1468
1469	1469	HB2395- 41 -LRB104 08947 HLH 19002 b HB2395 - 41 - LRB104 08947 HLH 19002 b
1470	1470	HB2395 - 41 - LRB104 08947 HLH 19002 b
1471	1471	1 losses, and costs for, or related to, the direct or
1472	1472	2 indirect acquisition, use, maintenance or management,
1473	1473	3 ownership, sale, exchange, or any other disposition of
1474	1474	4 intangible property; (2) losses incurred, directly or
1475	1475	5 indirectly, from factoring transactions or discounting
1476	1476	6 transactions; (3) royalty, patent, technical, and
1477	1477	7 copyright fees; (4) licensing fees; and (5) other
1478	1478	8 similar expenses and costs. For purposes of this
1479	1479	9 subparagraph, "intangible property" includes patents,
1480	1480	10 patent applications, trade names, trademarks, service
1481	1481	11 marks, copyrights, mask works, trade secrets, and
1482	1482	12 similar types of intangible assets.
1483	1483	13 This paragraph shall not apply to the following:
1484	1484	14 (i) any item of intangible expenses or costs
1485	1485	15 paid, accrued, or incurred, directly or
1486	1486	16 indirectly, from a transaction with a person who
1487	1487	17 is subject in a foreign country or state, other
1488	1488	18 than a state which requires mandatory unitary
1489	1489	19 reporting, to a tax on or measured by net income
1490	1490	20 with respect to such item; or
1491	1491	21 (ii) any item of intangible expense or cost
1492	1492	22 paid, accrued, or incurred, directly or
1493	1493	23 indirectly, if the taxpayer can establish, based
1494	1494	24 on a preponderance of the evidence, both of the
1495	1495	25 following:
1496	1496	26 (a) the person during the same taxable
1497	1497
1498	1498
1499	1499
1500	1500
1501	1501
1502	1502	HB2395 - 41 - LRB104 08947 HLH 19002 b
1503	1503
1504	1504
1505	1505	HB2395- 42 -LRB104 08947 HLH 19002 b HB2395 - 42 - LRB104 08947 HLH 19002 b
1506	1506	HB2395 - 42 - LRB104 08947 HLH 19002 b
1507	1507	1 year paid, accrued, or incurred, the
1508	1508	2 intangible expense or cost to a person that is
1509	1509	3 not a related member, and
1510	1510	4 (b) the transaction giving rise to the
1511	1511	5 intangible expense or cost between the
1512	1512	6 taxpayer and the person did not have as a
1513	1513	7 principal purpose the avoidance of Illinois
1514	1514	8 income tax, and is paid pursuant to a contract
1515	1515	9 or agreement that reflects arm's-length terms;
1516	1516	10 or
1517	1517	11 (iii) any item of intangible expense or cost
1518	1518	12 paid, accrued, or incurred, directly or
1519	1519	13 indirectly, from a transaction with a person if
1520	1520	14 the taxpayer establishes by clear and convincing
1521	1521	15 evidence, that the adjustments are unreasonable;
1522	1522	16 or if the taxpayer and the Director agree in
1523	1523	17 writing to the application or use of an
1524	1524	18 alternative method of apportionment under Section
1525	1525	19 304(f);
1526	1526	20 Nothing in this subsection shall preclude the
1527	1527	21 Director from making any other adjustment
1528	1528	22 otherwise allowed under Section 404 of this Act
1529	1529	23 for any tax year beginning after the effective
1530	1530	24 date of this amendment provided such adjustment is
1531	1531	25 made pursuant to regulation adopted by the
1532	1532	26 Department and such regulations provide methods
1533	1533
1534	1534
1535	1535
1536	1536
1537	1537
1538	1538	HB2395 - 42 - LRB104 08947 HLH 19002 b
1539	1539
1540	1540
1541	1541	HB2395- 43 -LRB104 08947 HLH 19002 b HB2395 - 43 - LRB104 08947 HLH 19002 b
1542	1542	HB2395 - 43 - LRB104 08947 HLH 19002 b
1543	1543	1 and standards by which the Department will utilize
1544	1544	2 its authority under Section 404 of this Act;
1545	1545	3 (E-14) For taxable years ending on or after
1546	1546	4 December 31, 2008, an amount equal to the amount of
1547	1547	5 insurance premium expenses and costs otherwise allowed
1548	1548	6 as a deduction in computing base income, and that were
1549	1549	7 paid, accrued, or incurred, directly or indirectly, to
1550	1550	8 a person who would be a member of the same unitary
1551	1551	9 business group but for the fact that the person is
1552	1552	10 prohibited under Section 1501(a)(27) from being
1553	1553	11 included in the unitary business group because he or
1554	1554	12 she is ordinarily required to apportion business
1555	1555	13 income under different subsections of Section 304. The
1556	1556	14 addition modification required by this subparagraph
1557	1557	15 shall be reduced to the extent that dividends were
1558	1558	16 included in base income of the unitary group for the
1559	1559	17 same taxable year and received by the taxpayer or by a
1560	1560	18 member of the taxpayer's unitary business group
1561	1561	19 (including amounts included in gross income under
1562	1562	20 Sections 951 through 964 of the Internal Revenue Code
1563	1563	21 and amounts included in gross income under Section 78
1564	1564	22 of the Internal Revenue Code) with respect to the
1565	1565	23 stock of the same person to whom the premiums and costs
1566	1566	24 were directly or indirectly paid, incurred, or
1567	1567	25 accrued. The preceding sentence does not apply to the
1568	1568	26 extent that the same dividends caused a reduction to
1569	1569
1570	1570
1571	1571
1572	1572
1573	1573
1574	1574	HB2395 - 43 - LRB104 08947 HLH 19002 b
1575	1575
1576	1576
1577	1577	HB2395- 44 -LRB104 08947 HLH 19002 b HB2395 - 44 - LRB104 08947 HLH 19002 b
1578	1578	HB2395 - 44 - LRB104 08947 HLH 19002 b
1579	1579	1 the addition modification required under Section
1580	1580	2 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
1581	1581	3 Act;
1582	1582	4 (E-15) For taxable years beginning after December
1583	1583	5 31, 2008, any deduction for dividends paid by a
1584	1584	6 captive real estate investment trust that is allowed
1585	1585	7 to a real estate investment trust under Section
1586	1586	8 857(b)(2)(B) of the Internal Revenue Code for
1587	1587	9 dividends paid;
1588	1588	10 (E-16) An amount equal to the credit allowable to
1589	1589	11 the taxpayer under Section 218(a) of this Act,
1590	1590	12 determined without regard to Section 218(c) of this
1591	1591	13 Act;
1592	1592	14 (E-17) For taxable years ending on or after
1593	1593	15 December 31, 2017, an amount equal to the deduction
1594	1594	16 allowed under Section 199 of the Internal Revenue Code
1595	1595	17 for the taxable year;
1596	1596	18 (E-18) for taxable years beginning after December
1597	1597	19 31, 2018, an amount equal to the deduction allowed
1598	1598	20 under Section 250(a)(1)(A) of the Internal Revenue
1599	1599	21 Code for the taxable year;
1600	1600	22 (E-19) for taxable years ending on or after June
1601	1601	23 30, 2021, an amount equal to the deduction allowed
1602	1602	24 under Section 250(a)(1)(B)(i) of the Internal Revenue
1603	1603	25 Code for the taxable year;
1604	1604	26 (E-20) for taxable years ending on or after June
1605	1605
1606	1606
1607	1607
1608	1608
1609	1609
1610	1610	HB2395 - 44 - LRB104 08947 HLH 19002 b
1611	1611
1612	1612
1613	1613	HB2395- 45 -LRB104 08947 HLH 19002 b HB2395 - 45 - LRB104 08947 HLH 19002 b
1614	1614	HB2395 - 45 - LRB104 08947 HLH 19002 b
1615	1615	1 30, 2021, an amount equal to the deduction allowed
1616	1616	2 under Sections 243(e) and 245A(a) of the Internal
1617	1617	3 Revenue Code for the taxable year;
1618	1618	4 (E-21) the amount that is claimed as a federal
1619	1619	5 deduction when computing the taxpayer's federal
1620	1620	6 taxable income for the taxable year and that is
1621	1621	7 attributable to an endowment gift for which the
1622	1622	8 taxpayer receives a credit under the Illinois Gives
1623	1623	9 Tax Credit Act;
1624	1624	10 and by deducting from the total so obtained the sum of the
1625	1625	11 following amounts:
1626	1626	12 (F) An amount equal to the amount of any tax
1627	1627	13 imposed by this Act which was refunded to the taxpayer
1628	1628	14 and included in such total for the taxable year;
1629	1629	15 (G) An amount equal to any amount included in such
1630	1630	16 total under Section 78 of the Internal Revenue Code;
1631	1631	17 (H) In the case of a regulated investment company,
1632	1632	18 an amount equal to the amount of exempt interest
1633	1633	19 dividends as defined in subsection (b)(5) of Section
1634	1634	20 852 of the Internal Revenue Code, paid to shareholders
1635	1635	21 for the taxable year;
1636	1636	22 (I) With the exception of any amounts subtracted
1637	1637	23 under subparagraph (J), an amount equal to the sum of
1638	1638	24 all amounts disallowed as deductions by (i) Sections
1639	1639	25 171(a)(2) and 265(a)(2) and amounts disallowed as
1640	1640	26 interest expense by Section 291(a)(3) of the Internal
1641	1641
1642	1642
1643	1643
1644	1644
1645	1645
1646	1646	HB2395 - 45 - LRB104 08947 HLH 19002 b
1647	1647
1648	1648
1649	1649	HB2395- 46 -LRB104 08947 HLH 19002 b HB2395 - 46 - LRB104 08947 HLH 19002 b
1650	1650	HB2395 - 46 - LRB104 08947 HLH 19002 b
1651	1651	1 Revenue Code, and all amounts of expenses allocable to
1652	1652	2 interest and disallowed as deductions by Section
1653	1653	3 265(a)(1) of the Internal Revenue Code; and (ii) for
1654	1654	4 taxable years ending on or after August 13, 1999,
1655	1655	5 Sections 171(a)(2), 265, 280C, 291(a)(3), and
1656	1656	6 832(b)(5)(B)(i) of the Internal Revenue Code, plus,
1657	1657	7 for tax years ending on or after December 31, 2011,
1658	1658	8 amounts disallowed as deductions by Section 45G(e)(3)
1659	1659	9 of the Internal Revenue Code and, for taxable years
1660	1660	10 ending on or after December 31, 2008, any amount
1661	1661	11 included in gross income under Section 87 of the
1662	1662	12 Internal Revenue Code and the policyholders' share of
1663	1663	13 tax-exempt interest of a life insurance company under
1664	1664	14 Section 807(a)(2)(B) of the Internal Revenue Code (in
1665	1665	15 the case of a life insurance company with gross income
1666	1666	16 from a decrease in reserves for the tax year) or
1667	1667	17 Section 807(b)(1)(B) of the Internal Revenue Code (in
1668	1668	18 the case of a life insurance company allowed a
1669	1669	19 deduction for an increase in reserves for the tax
1670	1670	20 year); the provisions of this subparagraph are exempt
1671	1671	21 from the provisions of Section 250;
1672	1672	22 (J) An amount equal to all amounts included in
1673	1673	23 such total which are exempt from taxation by this
1674	1674	24 State either by reason of its statutes or Constitution
1675	1675	25 or by reason of the Constitution, treaties or statutes
1676	1676	26 of the United States; provided that, in the case of any
1677	1677
1678	1678
1679	1679
1680	1680
1681	1681
1682	1682	HB2395 - 46 - LRB104 08947 HLH 19002 b
1683	1683
1684	1684
1685	1685	HB2395- 47 -LRB104 08947 HLH 19002 b HB2395 - 47 - LRB104 08947 HLH 19002 b
1686	1686	HB2395 - 47 - LRB104 08947 HLH 19002 b
1687	1687	1 statute of this State that exempts income derived from
1688	1688	2 bonds or other obligations from the tax imposed under
1689	1689	3 this Act, the amount exempted shall be the interest
1690	1690	4 net of bond premium amortization;
1691	1691	5 (K) An amount equal to those dividends included in
1692	1692	6 such total which were paid by a corporation which
1693	1693	7 conducts business operations in a River Edge
1694	1694	8 Redevelopment Zone or zones created under the River
1695	1695	9 Edge Redevelopment Zone Act and conducts substantially
1696	1696	10 all of its operations in a River Edge Redevelopment
1697	1697	11 Zone or zones. This subparagraph (K) is exempt from
1698	1698	12 the provisions of Section 250;
1699	1699	13 (L) An amount equal to those dividends included in
1700	1700	14 such total that were paid by a corporation that
1701	1701	15 conducts business operations in a federally designated
1702	1702	16 Foreign Trade Zone or Sub-Zone and that is designated
1703	1703	17 a High Impact Business located in Illinois; provided
1704	1704	18 that dividends eligible for the deduction provided in
1705	1705	19 subparagraph (K) of paragraph 2 of this subsection
1706	1706	20 shall not be eligible for the deduction provided under
1707	1707	21 this subparagraph (L);
1708	1708	22 (M) For any taxpayer that is a financial
1709	1709	23 organization within the meaning of Section 304(c) of
1710	1710	24 this Act, an amount included in such total as interest
1711	1711	25 income from a loan or loans made by such taxpayer to a
1712	1712	26 borrower, to the extent that such a loan is secured by
1713	1713
1714	1714
1715	1715
1716	1716
1717	1717
1718	1718	HB2395 - 47 - LRB104 08947 HLH 19002 b
1719	1719
1720	1720
1721	1721	HB2395- 48 -LRB104 08947 HLH 19002 b HB2395 - 48 - LRB104 08947 HLH 19002 b
1722	1722	HB2395 - 48 - LRB104 08947 HLH 19002 b
1723	1723	1 property which is eligible for the River Edge
1724	1724	2 Redevelopment Zone Investment Credit. To determine the
1725	1725	3 portion of a loan or loans that is secured by property
1726	1726	4 eligible for a Section 201(f) investment credit to the
1727	1727	5 borrower, the entire principal amount of the loan or
1728	1728	6 loans between the taxpayer and the borrower should be
1729	1729	7 divided into the basis of the Section 201(f)
1730	1730	8 investment credit property which secures the loan or
1731	1731	9 loans, using for this purpose the original basis of
1732	1732	10 such property on the date that it was placed in service
1733	1733	11 in the River Edge Redevelopment Zone. The subtraction
1734	1734	12 modification available to the taxpayer in any year
1735	1735	13 under this subsection shall be that portion of the
1736	1736	14 total interest paid by the borrower with respect to
1737	1737	15 such loan attributable to the eligible property as
1738	1738	16 calculated under the previous sentence. This
1739	1739	17 subparagraph (M) is exempt from the provisions of
1740	1740	18 Section 250;
1741	1741	19 (M-1) For any taxpayer that is a financial
1742	1742	20 organization within the meaning of Section 304(c) of
1743	1743	21 this Act, an amount included in such total as interest
1744	1744	22 income from a loan or loans made by such taxpayer to a
1745	1745	23 borrower, to the extent that such a loan is secured by
1746	1746	24 property which is eligible for the High Impact
1747	1747	25 Business Investment Credit. To determine the portion
1748	1748	26 of a loan or loans that is secured by property eligible
1749	1749
1750	1750
1751	1751
1752	1752
1753	1753
1754	1754	HB2395 - 48 - LRB104 08947 HLH 19002 b
1755	1755
1756	1756
1757	1757	HB2395- 49 -LRB104 08947 HLH 19002 b HB2395 - 49 - LRB104 08947 HLH 19002 b
1758	1758	HB2395 - 49 - LRB104 08947 HLH 19002 b
1759	1759	1 for a Section 201(h) investment credit to the
1760	1760	2 borrower, the entire principal amount of the loan or
1761	1761	3 loans between the taxpayer and the borrower should be
1762	1762	4 divided into the basis of the Section 201(h)
1763	1763	5 investment credit property which secures the loan or
1764	1764	6 loans, using for this purpose the original basis of
1765	1765	7 such property on the date that it was placed in service
1766	1766	8 in a federally designated Foreign Trade Zone or
1767	1767	9 Sub-Zone located in Illinois. No taxpayer that is
1768	1768	10 eligible for the deduction provided in subparagraph
1769	1769	11 (M) of paragraph (2) of this subsection shall be
1770	1770	12 eligible for the deduction provided under this
1771	1771	13 subparagraph (M-1). The subtraction modification
1772	1772	14 available to taxpayers in any year under this
1773	1773	15 subsection shall be that portion of the total interest
1774	1774	16 paid by the borrower with respect to such loan
1775	1775	17 attributable to the eligible property as calculated
1776	1776	18 under the previous sentence;
1777	1777	19 (N) Two times any contribution made during the
1778	1778	20 taxable year to a designated zone organization to the
1779	1779	21 extent that the contribution (i) qualifies as a
1780	1780	22 charitable contribution under subsection (c) of
1781	1781	23 Section 170 of the Internal Revenue Code and (ii)
1782	1782	24 must, by its terms, be used for a project approved by
1783	1783	25 the Department of Commerce and Economic Opportunity
1784	1784	26 under Section 11 of the Illinois Enterprise Zone Act
1785	1785
1786	1786
1787	1787
1788	1788
1789	1789
1790	1790	HB2395 - 49 - LRB104 08947 HLH 19002 b
1791	1791
1792	1792
1793	1793	HB2395- 50 -LRB104 08947 HLH 19002 b HB2395 - 50 - LRB104 08947 HLH 19002 b
1794	1794	HB2395 - 50 - LRB104 08947 HLH 19002 b
1795	1795	1 or under Section 10-10 of the River Edge Redevelopment
1796	1796	2 Zone Act. This subparagraph (N) is exempt from the
1797	1797	3 provisions of Section 250;
1798	1798	4 (O) An amount equal to: (i) 85% for taxable years
1799	1799	5 ending on or before December 31, 1992, or, a
1800	1800	6 percentage equal to the percentage allowable under
1801	1801	7 Section 243(a)(1) of the Internal Revenue Code of 1986
1802	1802	8 for taxable years ending after December 31, 1992, of
1803	1803	9 the amount by which dividends included in taxable
1804	1804	10 income and received from a corporation that is not
1805	1805	11 created or organized under the laws of the United
1806	1806	12 States or any state or political subdivision thereof,
1807	1807	13 including, for taxable years ending on or after
1808	1808	14 December 31, 1988, dividends received or deemed
1809	1809	15 received or paid or deemed paid under Sections 951
1810	1810	16 through 965 of the Internal Revenue Code, exceed the
1811	1811	17 amount of the modification provided under subparagraph
1812	1812	18 (G) of paragraph (2) of this subsection (b) which is
1813	1813	19 related to such dividends, and including, for taxable
1814	1814	20 years ending on or after December 31, 2008, dividends
1815	1815	21 received from a captive real estate investment trust;
1816	1816	22 plus (ii) 100% of the amount by which dividends,
1817	1817	23 included in taxable income and received, including,
1818	1818	24 for taxable years ending on or after December 31,
1819	1819	25 1988, dividends received or deemed received or paid or
1820	1820	26 deemed paid under Sections 951 through 964 of the
1821	1821
1822	1822
1823	1823
1824	1824
1825	1825
1826	1826	HB2395 - 50 - LRB104 08947 HLH 19002 b
1827	1827
1828	1828
1829	1829	HB2395- 51 -LRB104 08947 HLH 19002 b HB2395 - 51 - LRB104 08947 HLH 19002 b
1830	1830	HB2395 - 51 - LRB104 08947 HLH 19002 b
1831	1831	1 Internal Revenue Code and including, for taxable years
1832	1832	2 ending on or after December 31, 2008, dividends
1833	1833	3 received from a captive real estate investment trust,
1834	1834	4 from any such corporation specified in clause (i) that
1835	1835	5 would but for the provisions of Section 1504(b)(3) of
1836	1836	6 the Internal Revenue Code be treated as a member of the
1837	1837	7 affiliated group which includes the dividend
1838	1838	8 recipient, exceed the amount of the modification
1839	1839	9 provided under subparagraph (G) of paragraph (2) of
1840	1840	10 this subsection (b) which is related to such
1841	1841	11 dividends. For taxable years ending on or after June
1842	1842	12 30, 2021, (i) for purposes of this subparagraph, the
1843	1843	13 term "dividend" does not include any amount treated as
1844	1844	14 a dividend under Section 1248 of the Internal Revenue
1845	1845	15 Code, and (ii) this subparagraph shall not apply to
1846	1846	16 dividends for which a deduction is allowed under
1847	1847	17 Section 245(a) of the Internal Revenue Code. This
1848	1848	18 subparagraph (O) is exempt from the provisions of
1849	1849	19 Section 250 of this Act;
1850	1850	20 (P) An amount equal to any contribution made to a
1851	1851	21 job training project established pursuant to the Tax
1852	1852	22 Increment Allocation Redevelopment Act;
1853	1853	23 (Q) An amount equal to the amount of the deduction
1854	1854	24 used to compute the federal income tax credit for
1855	1855	25 restoration of substantial amounts held under claim of
1856	1856	26 right for the taxable year pursuant to Section 1341 of
1857	1857
1858	1858
1859	1859
1860	1860
1861	1861
1862	1862	HB2395 - 51 - LRB104 08947 HLH 19002 b
1863	1863
1864	1864
1865	1865	HB2395- 52 -LRB104 08947 HLH 19002 b HB2395 - 52 - LRB104 08947 HLH 19002 b
1866	1866	HB2395 - 52 - LRB104 08947 HLH 19002 b
1867	1867	1 the Internal Revenue Code;
1868	1868	2 (R) On and after July 20, 1999, in the case of an
1869	1869	3 attorney-in-fact with respect to whom an interinsurer
1870	1870	4 or a reciprocal insurer has made the election under
1871	1871	5 Section 835 of the Internal Revenue Code, 26 U.S.C.
1872	1872	6 835, an amount equal to the excess, if any, of the
1873	1873	7 amounts paid or incurred by that interinsurer or
1874	1874	8 reciprocal insurer in the taxable year to the
1875	1875	9 attorney-in-fact over the deduction allowed to that
1876	1876	10 interinsurer or reciprocal insurer with respect to the
1877	1877	11 attorney-in-fact under Section 835(b) of the Internal
1878	1878	12 Revenue Code for the taxable year; the provisions of
1879	1879	13 this subparagraph are exempt from the provisions of
1880	1880	14 Section 250;
1881	1881	15 (S) For taxable years ending on or after December
1882	1882	16 31, 1997, in the case of a Subchapter S corporation, an
1883	1883	17 amount equal to all amounts of income allocable to a
1884	1884	18 shareholder subject to the Personal Property Tax
1885	1885	19 Replacement Income Tax imposed by subsections (c) and
1886	1886	20 (d) of Section 201 of this Act, including amounts
1887	1887	21 allocable to organizations exempt from federal income
1888	1888	22 tax by reason of Section 501(a) of the Internal
1889	1889	23 Revenue Code. This subparagraph (S) is exempt from the
1890	1890	24 provisions of Section 250;
1891	1891	25 (T) For taxable years 2001 and thereafter, for the
1892	1892	26 taxable year in which the bonus depreciation deduction
1893	1893
1894	1894
1895	1895
1896	1896
1897	1897
1898	1898	HB2395 - 52 - LRB104 08947 HLH 19002 b
1899	1899
1900	1900
1901	1901	HB2395- 53 -LRB104 08947 HLH 19002 b HB2395 - 53 - LRB104 08947 HLH 19002 b
1902	1902	HB2395 - 53 - LRB104 08947 HLH 19002 b
1903	1903	1 is taken on the taxpayer's federal income tax return
1904	1904	2 under subsection (k) of Section 168 of the Internal
1905	1905	3 Revenue Code and for each applicable taxable year
1906	1906	4 thereafter, an amount equal to "x", where:
1907	1907	5 (1) "y" equals the amount of the depreciation
1908	1908	6 deduction taken for the taxable year on the
1909	1909	7 taxpayer's federal income tax return on property
1910	1910	8 for which the bonus depreciation deduction was
1911	1911	9 taken in any year under subsection (k) of Section
1912	1912	10 168 of the Internal Revenue Code, but not
1913	1913	11 including the bonus depreciation deduction;
1914	1914	12 (2) for taxable years ending on or before
1915	1915	13 December 31, 2005, "x" equals "y" multiplied by 30
1916	1916	14 and then divided by 70 (or "y" multiplied by
1917	1917	15 0.429); and
1918	1918	16 (3) for taxable years ending after December
1919	1919	17 31, 2005:
1920	1920	18 (i) for property on which a bonus
1921	1921	19 depreciation deduction of 30% of the adjusted
1922	1922	20 basis was taken, "x" equals "y" multiplied by
1923	1923	21 30 and then divided by 70 (or "y" multiplied
1924	1924	22 by 0.429);
1925	1925	23 (ii) for property on which a bonus
1926	1926	24 depreciation deduction of 50% of the adjusted
1927	1927	25 basis was taken, "x" equals "y" multiplied by
1928	1928	26 1.0;
1929	1929
1930	1930
1931	1931
1932	1932
1933	1933
1934	1934	HB2395 - 53 - LRB104 08947 HLH 19002 b
1935	1935
1936	1936
1937	1937	HB2395- 54 -LRB104 08947 HLH 19002 b HB2395 - 54 - LRB104 08947 HLH 19002 b
1938	1938	HB2395 - 54 - LRB104 08947 HLH 19002 b
1939	1939	1 (iii) for property on which a bonus
1940	1940	2 depreciation deduction of 100% of the adjusted
1941	1941	3 basis was taken in a taxable year ending on or
1942	1942	4 after December 31, 2021, "x" equals the
1943	1943	5 depreciation deduction that would be allowed
1944	1944	6 on that property if the taxpayer had made the
1945	1945	7 election under Section 168(k)(7) of the
1946	1946	8 Internal Revenue Code to not claim bonus
1947	1947	9 depreciation on that property; and
1948	1948	10 (iv) for property on which a bonus
1949	1949	11 depreciation deduction of a percentage other
1950	1950	12 than 30%, 50% or 100% of the adjusted basis
1951	1951	13 was taken in a taxable year ending on or after
1952	1952	14 December 31, 2021, "x" equals "y" multiplied
1953	1953	15 by 100 times the percentage bonus depreciation
1954	1954	16 on the property (that is, 100(bonus%)) and
1955	1955	17 then divided by 100 times 1 minus the
1956	1956	18 percentage bonus depreciation on the property
1957	1957	19 (that is, 100(1-bonus%)).
1958	1958	20 The aggregate amount deducted under this
1959	1959	21 subparagraph in all taxable years for any one piece of
1960	1960	22 property may not exceed the amount of the bonus
1961	1961	23 depreciation deduction taken on that property on the
1962	1962	24 taxpayer's federal income tax return under subsection
1963	1963	25 (k) of Section 168 of the Internal Revenue Code. This
1964	1964	26 subparagraph (T) is exempt from the provisions of
1965	1965
1966	1966
1967	1967
1968	1968
1969	1969
1970	1970	HB2395 - 54 - LRB104 08947 HLH 19002 b
1971	1971
1972	1972
1973	1973	HB2395- 55 -LRB104 08947 HLH 19002 b HB2395 - 55 - LRB104 08947 HLH 19002 b
1974	1974	HB2395 - 55 - LRB104 08947 HLH 19002 b
1975	1975	1 Section 250;
1976	1976	2 (U) If the taxpayer sells, transfers, abandons, or
1977	1977	3 otherwise disposes of property for which the taxpayer
1978	1978	4 was required in any taxable year to make an addition
1979	1979	5 modification under subparagraph (E-10), then an amount
1980	1980	6 equal to that addition modification.
1981	1981	7 If the taxpayer continues to own property through
1982	1982	8 the last day of the last tax year for which a
1983	1983	9 subtraction is allowed with respect to that property
1984	1984	10 under subparagraph (T) and for which the taxpayer was
1985	1985	11 required in any taxable year to make an addition
1986	1986	12 modification under subparagraph (E-10), then an amount
1987	1987	13 equal to that addition modification.
1988	1988	14 The taxpayer is allowed to take the deduction
1989	1989	15 under this subparagraph only once with respect to any
1990	1990	16 one piece of property.
1991	1991	17 This subparagraph (U) is exempt from the
1992	1992	18 provisions of Section 250;
1993	1993	19 (V) The amount of: (i) any interest income (net of
1994	1994	20 the deductions allocable thereto) taken into account
1995	1995	21 for the taxable year with respect to a transaction
1996	1996	22 with a taxpayer that is required to make an addition
1997	1997	23 modification with respect to such transaction under
1998	1998	24 Section 203(a)(2)(D-17), 203(b)(2)(E-12),
1999	1999	25 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
2000	2000	26 the amount of such addition modification, (ii) any
2001	2001
2002	2002
2003	2003
2004	2004
2005	2005
2006	2006	HB2395 - 55 - LRB104 08947 HLH 19002 b
2007	2007
2008	2008
2009	2009	HB2395- 56 -LRB104 08947 HLH 19002 b HB2395 - 56 - LRB104 08947 HLH 19002 b
2010	2010	HB2395 - 56 - LRB104 08947 HLH 19002 b
2011	2011	1 income from intangible property (net of the deductions
2012	2012	2 allocable thereto) taken into account for the taxable
2013	2013	3 year with respect to a transaction with a taxpayer
2014	2014	4 that is required to make an addition modification with
2015	2015	5 respect to such transaction under Section
2016	2016	6 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
2017	2017	7 203(d)(2)(D-8), but not to exceed the amount of such
2018	2018	8 addition modification, and (iii) any insurance premium
2019	2019	9 income (net of deductions allocable thereto) taken
2020	2020	10 into account for the taxable year with respect to a
2021	2021	11 transaction with a taxpayer that is required to make
2022	2022	12 an addition modification with respect to such
2023	2023	13 transaction under Section 203(a)(2)(D-19), Section
2024	2024	14 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
2025	2025	15 203(d)(2)(D-9), but not to exceed the amount of that
2026	2026	16 addition modification. This subparagraph (V) is exempt
2027	2027	17 from the provisions of Section 250;
2028	2028	18 (W) An amount equal to the interest income taken
2029	2029	19 into account for the taxable year (net of the
2030	2030	20 deductions allocable thereto) with respect to
2031	2031	21 transactions with (i) a foreign person who would be a
2032	2032	22 member of the taxpayer's unitary business group but
2033	2033	23 for the fact that the foreign person's business
2034	2034	24 activity outside the United States is 80% or more of
2035	2035	25 that person's total business activity and (ii) for
2036	2036	26 taxable years ending on or after December 31, 2008, to
2037	2037
2038	2038
2039	2039
2040	2040
2041	2041
2042	2042	HB2395 - 56 - LRB104 08947 HLH 19002 b
2043	2043
2044	2044
2045	2045	HB2395- 57 -LRB104 08947 HLH 19002 b HB2395 - 57 - LRB104 08947 HLH 19002 b
2046	2046	HB2395 - 57 - LRB104 08947 HLH 19002 b
2047	2047	1 a person who would be a member of the same unitary
2048	2048	2 business group but for the fact that the person is
2049	2049	3 prohibited under Section 1501(a)(27) from being
2050	2050	4 included in the unitary business group because he or
2051	2051	5 she is ordinarily required to apportion business
2052	2052	6 income under different subsections of Section 304, but
2053	2053	7 not to exceed the addition modification required to be
2054	2054	8 made for the same taxable year under Section
2055	2055	9 203(b)(2)(E-12) for interest paid, accrued, or
2056	2056	10 incurred, directly or indirectly, to the same person.
2057	2057	11 This subparagraph (W) is exempt from the provisions of
2058	2058	12 Section 250;
2059	2059	13 (X) An amount equal to the income from intangible
2060	2060	14 property taken into account for the taxable year (net
2061	2061	15 of the deductions allocable thereto) with respect to
2062	2062	16 transactions with (i) a foreign person who would be a
2063	2063	17 member of the taxpayer's unitary business group but
2064	2064	18 for the fact that the foreign person's business
2065	2065	19 activity outside the United States is 80% or more of
2066	2066	20 that person's total business activity and (ii) for
2067	2067	21 taxable years ending on or after December 31, 2008, to
2068	2068	22 a person who would be a member of the same unitary
2069	2069	23 business group but for the fact that the person is
2070	2070	24 prohibited under Section 1501(a)(27) from being
2071	2071	25 included in the unitary business group because he or
2072	2072	26 she is ordinarily required to apportion business
2073	2073
2074	2074
2075	2075
2076	2076
2077	2077
2078	2078	HB2395 - 57 - LRB104 08947 HLH 19002 b
2079	2079
2080	2080
2081	2081	HB2395- 58 -LRB104 08947 HLH 19002 b HB2395 - 58 - LRB104 08947 HLH 19002 b
2082	2082	HB2395 - 58 - LRB104 08947 HLH 19002 b
2083	2083	1 income under different subsections of Section 304, but
2084	2084	2 not to exceed the addition modification required to be
2085	2085	3 made for the same taxable year under Section
2086	2086	4 203(b)(2)(E-13) for intangible expenses and costs
2087	2087	5 paid, accrued, or incurred, directly or indirectly, to
2088	2088	6 the same foreign person. This subparagraph (X) is
2089	2089	7 exempt from the provisions of Section 250;
2090	2090	8 (Y) For taxable years ending on or after December
2091	2091	9 31, 2011, in the case of a taxpayer who was required to
2092	2092	10 add back any insurance premiums under Section
2093	2093	11 203(b)(2)(E-14), such taxpayer may elect to subtract
2094	2094	12 that part of a reimbursement received from the
2095	2095	13 insurance company equal to the amount of the expense
2096	2096	14 or loss (including expenses incurred by the insurance
2097	2097	15 company) that would have been taken into account as a
2098	2098	16 deduction for federal income tax purposes if the
2099	2099	17 expense or loss had been uninsured. If a taxpayer
2100	2100	18 makes the election provided for by this subparagraph
2101	2101	19 (Y), the insurer to which the premiums were paid must
2102	2102	20 add back to income the amount subtracted by the
2103	2103	21 taxpayer pursuant to this subparagraph (Y). This
2104	2104	22 subparagraph (Y) is exempt from the provisions of
2105	2105	23 Section 250;
2106	2106	24 (Z) The difference between the nondeductible
2107	2107	25 controlled foreign corporation dividends under Section
2108	2108	26 965(e)(3) of the Internal Revenue Code over the
2109	2109
2110	2110
2111	2111
2112	2112
2113	2113
2114	2114	HB2395 - 58 - LRB104 08947 HLH 19002 b
2115	2115
2116	2116
2117	2117	HB2395- 59 -LRB104 08947 HLH 19002 b HB2395 - 59 - LRB104 08947 HLH 19002 b
2118	2118	HB2395 - 59 - LRB104 08947 HLH 19002 b
2119	2119	1 taxable income of the taxpayer, computed without
2120	2120	2 regard to Section 965(e)(2)(A) of the Internal Revenue
2121	2121	3 Code, and without regard to any net operating loss
2122	2122	4 deduction. This subparagraph (Z) is exempt from the
2123	2123	5 provisions of Section 250; and
2124	2124	6 (AA) For taxable years beginning on or after
2125	2125	7 January 1, 2023, for any cannabis establishment
2126	2126	8 operating in this State and licensed under the
2127	2127	9 Cannabis Regulation and Tax Act or any cannabis
2128	2128	10 cultivation center or medical cannabis dispensing
2129	2129	11 organization operating in this State and licensed
2130	2130	12 under the Compassionate Use of Medical Cannabis
2131	2131	13 Program Act, an amount equal to the deductions that
2132	2132	14 were disallowed under Section 280E of the Internal
2133	2133	15 Revenue Code for the taxable year and that would not be
2134	2134	16 added back under this subsection. The provisions of
2135	2135	17 this subparagraph (AA) are exempt from the provisions
2136	2136	18 of Section 250.
2137	2137	19 (3) Special rule. For purposes of paragraph (2)(A),
2138	2138	20 "gross income" in the case of a life insurance company,
2139	2139	21 for tax years ending on and after December 31, 1994, and
2140	2140	22 prior to December 31, 2011, shall mean the gross
2141	2141	23 investment income for the taxable year and, for tax years
2142	2142	24 ending on or after December 31, 2011, shall mean all
2143	2143	25 amounts included in life insurance gross income under
2144	2144	26 Section 803(a)(3) of the Internal Revenue Code.
2145	2145
2146	2146
2147	2147
2148	2148
2149	2149
2150	2150	HB2395 - 59 - LRB104 08947 HLH 19002 b
2151	2151
2152	2152
2153	2153	HB2395- 60 -LRB104 08947 HLH 19002 b HB2395 - 60 - LRB104 08947 HLH 19002 b
2154	2154	HB2395 - 60 - LRB104 08947 HLH 19002 b
2155	2155	1 (c) Trusts and estates.
2156	2156	2 (1) In general. In the case of a trust or estate, base
2157	2157	3 income means an amount equal to the taxpayer's taxable
2158	2158	4 income for the taxable year as modified by paragraph (2).
2159	2159	5 (2) Modifications. Subject to the provisions of
2160	2160	6 paragraph (3), the taxable income referred to in paragraph
2161	2161	7 (1) shall be modified by adding thereto the sum of the
2162	2162	8 following amounts:
2163	2163	9 (A) An amount equal to all amounts paid or accrued
2164	2164	10 to the taxpayer as interest or dividends during the
2165	2165	11 taxable year to the extent excluded from gross income
2166	2166	12 in the computation of taxable income;
2167	2167	13 (B) In the case of (i) an estate, $600; (ii) a
2168	2168	14 trust which, under its governing instrument, is
2169	2169	15 required to distribute all of its income currently,
2170	2170	16 $300; and (iii) any other trust, $100, but in each such
2171	2171	17 case, only to the extent such amount was deducted in
2172	2172	18 the computation of taxable income;
2173	2173	19 (C) An amount equal to the amount of tax imposed by
2174	2174	20 this Act to the extent deducted from gross income in
2175	2175	21 the computation of taxable income for the taxable
2176	2176	22 year;
2177	2177	23 (D) The amount of any net operating loss deduction
2178	2178	24 taken in arriving at taxable income, other than a net
2179	2179	25 operating loss carried forward from a taxable year
2180	2180
2181	2181
2182	2182
2183	2183
2184	2184
2185	2185	HB2395 - 60 - LRB104 08947 HLH 19002 b
2186	2186
2187	2187
2188	2188	HB2395- 61 -LRB104 08947 HLH 19002 b HB2395 - 61 - LRB104 08947 HLH 19002 b
2189	2189	HB2395 - 61 - LRB104 08947 HLH 19002 b
2190	2190	1 ending prior to December 31, 1986;
2191	2191	2 (E) For taxable years in which a net operating
2192	2192	3 loss carryback or carryforward from a taxable year
2193	2193	4 ending prior to December 31, 1986 is an element of
2194	2194	5 taxable income under paragraph (1) of subsection (e)
2195	2195	6 or subparagraph (E) of paragraph (2) of subsection
2196	2196	7 (e), the amount by which addition modifications other
2197	2197	8 than those provided by this subparagraph (E) exceeded
2198	2198	9 subtraction modifications in such taxable year, with
2199	2199	10 the following limitations applied in the order that
2200	2200	11 they are listed:
2201	2201	12 (i) the addition modification relating to the
2202	2202	13 net operating loss carried back or forward to the
2203	2203	14 taxable year from any taxable year ending prior to
2204	2204	15 December 31, 1986 shall be reduced by the amount
2205	2205	16 of addition modification under this subparagraph
2206	2206	17 (E) which related to that net operating loss and
2207	2207	18 which was taken into account in calculating the
2208	2208	19 base income of an earlier taxable year, and
2209	2209	20 (ii) the addition modification relating to the
2210	2210	21 net operating loss carried back or forward to the
2211	2211	22 taxable year from any taxable year ending prior to
2212	2212	23 December 31, 1986 shall not exceed the amount of
2213	2213	24 such carryback or carryforward;
2214	2214	25 For taxable years in which there is a net
2215	2215	26 operating loss carryback or carryforward from more
2216	2216
2217	2217
2218	2218
2219	2219
2220	2220
2221	2221	HB2395 - 61 - LRB104 08947 HLH 19002 b
2222	2222
2223	2223
2224	2224	HB2395- 62 -LRB104 08947 HLH 19002 b HB2395 - 62 - LRB104 08947 HLH 19002 b
2225	2225	HB2395 - 62 - LRB104 08947 HLH 19002 b
2226	2226	1 than one other taxable year ending prior to December
2227	2227	2 31, 1986, the addition modification provided in this
2228	2228	3 subparagraph (E) shall be the sum of the amounts
2229	2229	4 computed independently under the preceding provisions
2230	2230	5 of this subparagraph (E) for each such taxable year;
2231	2231	6 (F) For taxable years ending on or after January
2232	2232	7 1, 1989, an amount equal to the tax deducted pursuant
2233	2233	8 to Section 164 of the Internal Revenue Code if the
2234	2234	9 trust or estate is claiming the same tax for purposes
2235	2235	10 of the Illinois foreign tax credit under Section 601
2236	2236	11 of this Act;
2237	2237	12 (G) An amount equal to the amount of the capital
2238	2238	13 gain deduction allowable under the Internal Revenue
2239	2239	14 Code, to the extent deducted from gross income in the
2240	2240	15 computation of taxable income;
2241	2241	16 (G-5) For taxable years ending after December 31,
2242	2242	17 1997, an amount equal to any eligible remediation
2243	2243	18 costs that the trust or estate deducted in computing
2244	2244	19 adjusted gross income and for which the trust or
2245	2245	20 estate claims a credit under subsection (l) of Section
2246	2246	21 201;
2247	2247	22 (G-10) For taxable years 2001 and thereafter, an
2248	2248	23 amount equal to the bonus depreciation deduction taken
2249	2249	24 on the taxpayer's federal income tax return for the
2250	2250	25 taxable year under subsection (k) of Section 168 of
2251	2251	26 the Internal Revenue Code; and
2252	2252
2253	2253
2254	2254
2255	2255
2256	2256
2257	2257	HB2395 - 62 - LRB104 08947 HLH 19002 b
2258	2258
2259	2259
2260	2260	HB2395- 63 -LRB104 08947 HLH 19002 b HB2395 - 63 - LRB104 08947 HLH 19002 b
2261	2261	HB2395 - 63 - LRB104 08947 HLH 19002 b
2262	2262	1 (G-11) If the taxpayer sells, transfers, abandons,
2263	2263	2 or otherwise disposes of property for which the
2264	2264	3 taxpayer was required in any taxable year to make an
2265	2265	4 addition modification under subparagraph (G-10), then
2266	2266	5 an amount equal to the aggregate amount of the
2267	2267	6 deductions taken in all taxable years under
2268	2268	7 subparagraph (R) with respect to that property.
2269	2269	8 If the taxpayer continues to own property through
2270	2270	9 the last day of the last tax year for which a
2271	2271	10 subtraction is allowed with respect to that property
2272	2272	11 under subparagraph (R) and for which the taxpayer was
2273	2273	12 allowed in any taxable year to make a subtraction
2274	2274	13 modification under subparagraph (R), then an amount
2275	2275	14 equal to that subtraction modification.
2276	2276	15 The taxpayer is required to make the addition
2277	2277	16 modification under this subparagraph only once with
2278	2278	17 respect to any one piece of property;
2279	2279	18 (G-12) An amount equal to the amount otherwise
2280	2280	19 allowed as a deduction in computing base income for
2281	2281	20 interest paid, accrued, or incurred, directly or
2282	2282	21 indirectly, (i) for taxable years ending on or after
2283	2283	22 December 31, 2004, to a foreign person who would be a
2284	2284	23 member of the same unitary business group but for the
2285	2285	24 fact that the foreign person's business activity
2286	2286	25 outside the United States is 80% or more of the foreign
2287	2287	26 person's total business activity and (ii) for taxable
2288	2288
2289	2289
2290	2290
2291	2291
2292	2292
2293	2293	HB2395 - 63 - LRB104 08947 HLH 19002 b
2294	2294
2295	2295
2296	2296	HB2395- 64 -LRB104 08947 HLH 19002 b HB2395 - 64 - LRB104 08947 HLH 19002 b
2297	2297	HB2395 - 64 - LRB104 08947 HLH 19002 b
2298	2298	1 years ending on or after December 31, 2008, to a person
2299	2299	2 who would be a member of the same unitary business
2300	2300	3 group but for the fact that the person is prohibited
2301	2301	4 under Section 1501(a)(27) from being included in the
2302	2302	5 unitary business group because he or she is ordinarily
2303	2303	6 required to apportion business income under different
2304	2304	7 subsections of Section 304. The addition modification
2305	2305	8 required by this subparagraph shall be reduced to the
2306	2306	9 extent that dividends were included in base income of
2307	2307	10 the unitary group for the same taxable year and
2308	2308	11 received by the taxpayer or by a member of the
2309	2309	12 taxpayer's unitary business group (including amounts
2310	2310	13 included in gross income pursuant to Sections 951
2311	2311	14 through 964 of the Internal Revenue Code and amounts
2312	2312	15 included in gross income under Section 78 of the
2313	2313	16 Internal Revenue Code) with respect to the stock of
2314	2314	17 the same person to whom the interest was paid,
2315	2315	18 accrued, or incurred.
2316	2316	19 This paragraph shall not apply to the following:
2317	2317	20 (i) an item of interest paid, accrued, or
2318	2318	21 incurred, directly or indirectly, to a person who
2319	2319	22 is subject in a foreign country or state, other
2320	2320	23 than a state which requires mandatory unitary
2321	2321	24 reporting, to a tax on or measured by net income
2322	2322	25 with respect to such interest; or
2323	2323	26 (ii) an item of interest paid, accrued, or
2324	2324
2325	2325
2326	2326
2327	2327
2328	2328
2329	2329	HB2395 - 64 - LRB104 08947 HLH 19002 b
2330	2330
2331	2331
2332	2332	HB2395- 65 -LRB104 08947 HLH 19002 b HB2395 - 65 - LRB104 08947 HLH 19002 b
2333	2333	HB2395 - 65 - LRB104 08947 HLH 19002 b
2334	2334	1 incurred, directly or indirectly, to a person if
2335	2335	2 the taxpayer can establish, based on a
2336	2336	3 preponderance of the evidence, both of the
2337	2337	4 following:
2338	2338	5 (a) the person, during the same taxable
2339	2339	6 year, paid, accrued, or incurred, the interest
2340	2340	7 to a person that is not a related member, and
2341	2341	8 (b) the transaction giving rise to the
2342	2342	9 interest expense between the taxpayer and the
2343	2343	10 person did not have as a principal purpose the
2344	2344	11 avoidance of Illinois income tax, and is paid
2345	2345	12 pursuant to a contract or agreement that
2346	2346	13 reflects an arm's-length interest rate and
2347	2347	14 terms; or
2348	2348	15 (iii) the taxpayer can establish, based on
2349	2349	16 clear and convincing evidence, that the interest
2350	2350	17 paid, accrued, or incurred relates to a contract
2351	2351	18 or agreement entered into at arm's-length rates
2352	2352	19 and terms and the principal purpose for the
2353	2353	20 payment is not federal or Illinois tax avoidance;
2354	2354	21 or
2355	2355	22 (iv) an item of interest paid, accrued, or
2356	2356	23 incurred, directly or indirectly, to a person if
2357	2357	24 the taxpayer establishes by clear and convincing
2358	2358	25 evidence that the adjustments are unreasonable; or
2359	2359	26 if the taxpayer and the Director agree in writing
2360	2360
2361	2361
2362	2362
2363	2363
2364	2364
2365	2365	HB2395 - 65 - LRB104 08947 HLH 19002 b
2366	2366
2367	2367
2368	2368	HB2395- 66 -LRB104 08947 HLH 19002 b HB2395 - 66 - LRB104 08947 HLH 19002 b
2369	2369	HB2395 - 66 - LRB104 08947 HLH 19002 b
2370	2370	1 to the application or use of an alternative method
2371	2371	2 of apportionment under Section 304(f).
2372	2372	3 Nothing in this subsection shall preclude the
2373	2373	4 Director from making any other adjustment
2374	2374	5 otherwise allowed under Section 404 of this Act
2375	2375	6 for any tax year beginning after the effective
2376	2376	7 date of this amendment provided such adjustment is
2377	2377	8 made pursuant to regulation adopted by the
2378	2378	9 Department and such regulations provide methods
2379	2379	10 and standards by which the Department will utilize
2380	2380	11 its authority under Section 404 of this Act;
2381	2381	12 (G-13) An amount equal to the amount of intangible
2382	2382	13 expenses and costs otherwise allowed as a deduction in
2383	2383	14 computing base income, and that were paid, accrued, or
2384	2384	15 incurred, directly or indirectly, (i) for taxable
2385	2385	16 years ending on or after December 31, 2004, to a
2386	2386	17 foreign person who would be a member of the same
2387	2387	18 unitary business group but for the fact that the
2388	2388	19 foreign person's business activity outside the United
2389	2389	20 States is 80% or more of that person's total business
2390	2390	21 activity and (ii) for taxable years ending on or after
2391	2391	22 December 31, 2008, to a person who would be a member of
2392	2392	23 the same unitary business group but for the fact that
2393	2393	24 the person is prohibited under Section 1501(a)(27)
2394	2394	25 from being included in the unitary business group
2395	2395	26 because he or she is ordinarily required to apportion
2396	2396
2397	2397
2398	2398
2399	2399
2400	2400
2401	2401	HB2395 - 66 - LRB104 08947 HLH 19002 b
2402	2402
2403	2403
2404	2404	HB2395- 67 -LRB104 08947 HLH 19002 b HB2395 - 67 - LRB104 08947 HLH 19002 b
2405	2405	HB2395 - 67 - LRB104 08947 HLH 19002 b
2406	2406	1 business income under different subsections of Section
2407	2407	2 304. The addition modification required by this
2408	2408	3 subparagraph shall be reduced to the extent that
2409	2409	4 dividends were included in base income of the unitary
2410	2410	5 group for the same taxable year and received by the
2411	2411	6 taxpayer or by a member of the taxpayer's unitary
2412	2412	7 business group (including amounts included in gross
2413	2413	8 income pursuant to Sections 951 through 964 of the
2414	2414	9 Internal Revenue Code and amounts included in gross
2415	2415	10 income under Section 78 of the Internal Revenue Code)
2416	2416	11 with respect to the stock of the same person to whom
2417	2417	12 the intangible expenses and costs were directly or
2418	2418	13 indirectly paid, incurred, or accrued. The preceding
2419	2419	14 sentence shall not apply to the extent that the same
2420	2420	15 dividends caused a reduction to the addition
2421	2421	16 modification required under Section 203(c)(2)(G-12) of
2422	2422	17 this Act. As used in this subparagraph, the term
2423	2423	18 "intangible expenses and costs" includes: (1)
2424	2424	19 expenses, losses, and costs for or related to the
2425	2425	20 direct or indirect acquisition, use, maintenance or
2426	2426	21 management, ownership, sale, exchange, or any other
2427	2427	22 disposition of intangible property; (2) losses
2428	2428	23 incurred, directly or indirectly, from factoring
2429	2429	24 transactions or discounting transactions; (3) royalty,
2430	2430	25 patent, technical, and copyright fees; (4) licensing
2431	2431	26 fees; and (5) other similar expenses and costs. For
2432	2432
2433	2433
2434	2434
2435	2435
2436	2436
2437	2437	HB2395 - 67 - LRB104 08947 HLH 19002 b
2438	2438
2439	2439
2440	2440	HB2395- 68 -LRB104 08947 HLH 19002 b HB2395 - 68 - LRB104 08947 HLH 19002 b
2441	2441	HB2395 - 68 - LRB104 08947 HLH 19002 b
2442	2442	1 purposes of this subparagraph, "intangible property"
2443	2443	2 includes patents, patent applications, trade names,
2444	2444	3 trademarks, service marks, copyrights, mask works,
2445	2445	4 trade secrets, and similar types of intangible assets.
2446	2446	5 This paragraph shall not apply to the following:
2447	2447	6 (i) any item of intangible expenses or costs
2448	2448	7 paid, accrued, or incurred, directly or
2449	2449	8 indirectly, from a transaction with a person who
2450	2450	9 is subject in a foreign country or state, other
2451	2451	10 than a state which requires mandatory unitary
2452	2452	11 reporting, to a tax on or measured by net income
2453	2453	12 with respect to such item; or
2454	2454	13 (ii) any item of intangible expense or cost
2455	2455	14 paid, accrued, or incurred, directly or
2456	2456	15 indirectly, if the taxpayer can establish, based
2457	2457	16 on a preponderance of the evidence, both of the
2458	2458	17 following:
2459	2459	18 (a) the person during the same taxable
2460	2460	19 year paid, accrued, or incurred, the
2461	2461	20 intangible expense or cost to a person that is
2462	2462	21 not a related member, and
2463	2463	22 (b) the transaction giving rise to the
2464	2464	23 intangible expense or cost between the
2465	2465	24 taxpayer and the person did not have as a
2466	2466	25 principal purpose the avoidance of Illinois
2467	2467	26 income tax, and is paid pursuant to a contract
2468	2468
2469	2469
2470	2470
2471	2471
2472	2472
2473	2473	HB2395 - 68 - LRB104 08947 HLH 19002 b
2474	2474
2475	2475
2476	2476	HB2395- 69 -LRB104 08947 HLH 19002 b HB2395 - 69 - LRB104 08947 HLH 19002 b
2477	2477	HB2395 - 69 - LRB104 08947 HLH 19002 b
2478	2478	1 or agreement that reflects arm's-length terms;
2479	2479	2 or
2480	2480	3 (iii) any item of intangible expense or cost
2481	2481	4 paid, accrued, or incurred, directly or
2482	2482	5 indirectly, from a transaction with a person if
2483	2483	6 the taxpayer establishes by clear and convincing
2484	2484	7 evidence, that the adjustments are unreasonable;
2485	2485	8 or if the taxpayer and the Director agree in
2486	2486	9 writing to the application or use of an
2487	2487	10 alternative method of apportionment under Section
2488	2488	11 304(f);
2489	2489	12 Nothing in this subsection shall preclude the
2490	2490	13 Director from making any other adjustment
2491	2491	14 otherwise allowed under Section 404 of this Act
2492	2492	15 for any tax year beginning after the effective
2493	2493	16 date of this amendment provided such adjustment is
2494	2494	17 made pursuant to regulation adopted by the
2495	2495	18 Department and such regulations provide methods
2496	2496	19 and standards by which the Department will utilize
2497	2497	20 its authority under Section 404 of this Act;
2498	2498	21 (G-14) For taxable years ending on or after
2499	2499	22 December 31, 2008, an amount equal to the amount of
2500	2500	23 insurance premium expenses and costs otherwise allowed
2501	2501	24 as a deduction in computing base income, and that were
2502	2502	25 paid, accrued, or incurred, directly or indirectly, to
2503	2503	26 a person who would be a member of the same unitary
2504	2504
2505	2505
2506	2506
2507	2507
2508	2508
2509	2509	HB2395 - 69 - LRB104 08947 HLH 19002 b
2510	2510
2511	2511
2512	2512	HB2395- 70 -LRB104 08947 HLH 19002 b HB2395 - 70 - LRB104 08947 HLH 19002 b
2513	2513	HB2395 - 70 - LRB104 08947 HLH 19002 b
2514	2514	1 business group but for the fact that the person is
2515	2515	2 prohibited under Section 1501(a)(27) from being
2516	2516	3 included in the unitary business group because he or
2517	2517	4 she is ordinarily required to apportion business
2518	2518	5 income under different subsections of Section 304. The
2519	2519	6 addition modification required by this subparagraph
2520	2520	7 shall be reduced to the extent that dividends were
2521	2521	8 included in base income of the unitary group for the
2522	2522	9 same taxable year and received by the taxpayer or by a
2523	2523	10 member of the taxpayer's unitary business group
2524	2524	11 (including amounts included in gross income under
2525	2525	12 Sections 951 through 964 of the Internal Revenue Code
2526	2526	13 and amounts included in gross income under Section 78
2527	2527	14 of the Internal Revenue Code) with respect to the
2528	2528	15 stock of the same person to whom the premiums and costs
2529	2529	16 were directly or indirectly paid, incurred, or
2530	2530	17 accrued. The preceding sentence does not apply to the
2531	2531	18 extent that the same dividends caused a reduction to
2532	2532	19 the addition modification required under Section
2533	2533	20 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
2534	2534	21 Act;
2535	2535	22 (G-15) An amount equal to the credit allowable to
2536	2536	23 the taxpayer under Section 218(a) of this Act,
2537	2537	24 determined without regard to Section 218(c) of this
2538	2538	25 Act;
2539	2539	26 (G-16) For taxable years ending on or after
2540	2540
2541	2541
2542	2542
2543	2543
2544	2544
2545	2545	HB2395 - 70 - LRB104 08947 HLH 19002 b
2546	2546
2547	2547
2548	2548	HB2395- 71 -LRB104 08947 HLH 19002 b HB2395 - 71 - LRB104 08947 HLH 19002 b
2549	2549	HB2395 - 71 - LRB104 08947 HLH 19002 b
2550	2550	1 December 31, 2017, an amount equal to the deduction
2551	2551	2 allowed under Section 199 of the Internal Revenue Code
2552	2552	3 for the taxable year;
2553	2553	4 (G-17) the amount that is claimed as a federal
2554	2554	5 deduction when computing the taxpayer's federal
2555	2555	6 taxable income for the taxable year and that is
2556	2556	7 attributable to an endowment gift for which the
2557	2557	8 taxpayer receives a credit under the Illinois Gives
2558	2558	9 Tax Credit Act;
2559	2559	10 and by deducting from the total so obtained the sum of the
2560	2560	11 following amounts:
2561	2561	12 (H) An amount equal to all amounts included in
2562	2562	13 such total pursuant to the provisions of Sections
2563	2563	14 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
2564	2564	15 of the Internal Revenue Code or included in such total
2565	2565	16 as distributions under the provisions of any
2566	2566	17 retirement or disability plan for employees of any
2567	2567	18 governmental agency or unit, or retirement payments to
2568	2568	19 retired partners, which payments are excluded in
2569	2569	20 computing net earnings from self employment by Section
2570	2570	21 1402 of the Internal Revenue Code and regulations
2571	2571	22 adopted pursuant thereto;
2572	2572	23 (I) The valuation limitation amount;
2573	2573	24 (J) An amount equal to the amount of any tax
2574	2574	25 imposed by this Act which was refunded to the taxpayer
2575	2575	26 and included in such total for the taxable year;
2576	2576
2577	2577
2578	2578
2579	2579
2580	2580
2581	2581	HB2395 - 71 - LRB104 08947 HLH 19002 b
2582	2582
2583	2583
2584	2584	HB2395- 72 -LRB104 08947 HLH 19002 b HB2395 - 72 - LRB104 08947 HLH 19002 b
2585	2585	HB2395 - 72 - LRB104 08947 HLH 19002 b
2586	2586	1 (K) An amount equal to all amounts included in
2587	2587	2 taxable income as modified by subparagraphs (A), (B),
2588	2588	3 (C), (D), (E), (F) and (G) which are exempt from
2589	2589	4 taxation by this State either by reason of its
2590	2590	5 statutes or Constitution or by reason of the
2591	2591	6 Constitution, treaties or statutes of the United
2592	2592	7 States; provided that, in the case of any statute of
2593	2593	8 this State that exempts income derived from bonds or
2594	2594	9 other obligations from the tax imposed under this Act,
2595	2595	10 the amount exempted shall be the interest net of bond
2596	2596	11 premium amortization;
2597	2597	12 (L) With the exception of any amounts subtracted
2598	2598	13 under subparagraph (K), an amount equal to the sum of
2599	2599	14 all amounts disallowed as deductions by (i) Sections
2600	2600	15 171(a)(2) and 265(a)(2) of the Internal Revenue Code,
2601	2601	16 and all amounts of expenses allocable to interest and
2602	2602	17 disallowed as deductions by Section 265(a)(1) of the
2603	2603	18 Internal Revenue Code; and (ii) for taxable years
2604	2604	19 ending on or after August 13, 1999, Sections
2605	2605	20 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
2606	2606	21 Internal Revenue Code, plus, (iii) for taxable years
2607	2607	22 ending on or after December 31, 2011, Section
2608	2608	23 45G(e)(3) of the Internal Revenue Code and, for
2609	2609	24 taxable years ending on or after December 31, 2008,
2610	2610	25 any amount included in gross income under Section 87
2611	2611	26 of the Internal Revenue Code; the provisions of this
2612	2612
2613	2613
2614	2614
2615	2615
2616	2616
2617	2617	HB2395 - 72 - LRB104 08947 HLH 19002 b
2618	2618
2619	2619
2620	2620	HB2395- 73 -LRB104 08947 HLH 19002 b HB2395 - 73 - LRB104 08947 HLH 19002 b
2621	2621	HB2395 - 73 - LRB104 08947 HLH 19002 b
2622	2622	1 subparagraph are exempt from the provisions of Section
2623	2623	2 250;
2624	2624	3 (M) An amount equal to those dividends included in
2625	2625	4 such total which were paid by a corporation which
2626	2626	5 conducts business operations in a River Edge
2627	2627	6 Redevelopment Zone or zones created under the River
2628	2628	7 Edge Redevelopment Zone Act and conducts substantially
2629	2629	8 all of its operations in a River Edge Redevelopment
2630	2630	9 Zone or zones. This subparagraph (M) is exempt from
2631	2631	10 the provisions of Section 250;
2632	2632	11 (N) An amount equal to any contribution made to a
2633	2633	12 job training project established pursuant to the Tax
2634	2634	13 Increment Allocation Redevelopment Act;
2635	2635	14 (O) An amount equal to those dividends included in
2636	2636	15 such total that were paid by a corporation that
2637	2637	16 conducts business operations in a federally designated
2638	2638	17 Foreign Trade Zone or Sub-Zone and that is designated
2639	2639	18 a High Impact Business located in Illinois; provided
2640	2640	19 that dividends eligible for the deduction provided in
2641	2641	20 subparagraph (M) of paragraph (2) of this subsection
2642	2642	21 shall not be eligible for the deduction provided under
2643	2643	22 this subparagraph (O);
2644	2644	23 (P) An amount equal to the amount of the deduction
2645	2645	24 used to compute the federal income tax credit for
2646	2646	25 restoration of substantial amounts held under claim of
2647	2647	26 right for the taxable year pursuant to Section 1341 of
2648	2648
2649	2649
2650	2650
2651	2651
2652	2652
2653	2653	HB2395 - 73 - LRB104 08947 HLH 19002 b
2654	2654
2655	2655
2656	2656	HB2395- 74 -LRB104 08947 HLH 19002 b HB2395 - 74 - LRB104 08947 HLH 19002 b
2657	2657	HB2395 - 74 - LRB104 08947 HLH 19002 b
2658	2658	1 the Internal Revenue Code;
2659	2659	2 (Q) For taxable year 1999 and thereafter, an
2660	2660	3 amount equal to the amount of any (i) distributions,
2661	2661	4 to the extent includible in gross income for federal
2662	2662	5 income tax purposes, made to the taxpayer because of
2663	2663	6 his or her status as a victim of persecution for racial
2664	2664	7 or religious reasons by Nazi Germany or any other Axis
2665	2665	8 regime or as an heir of the victim and (ii) items of
2666	2666	9 income, to the extent includible in gross income for
2667	2667	10 federal income tax purposes, attributable to, derived
2668	2668	11 from or in any way related to assets stolen from,
2669	2669	12 hidden from, or otherwise lost to a victim of
2670	2670	13 persecution for racial or religious reasons by Nazi
2671	2671	14 Germany or any other Axis regime immediately prior to,
2672	2672	15 during, and immediately after World War II, including,
2673	2673	16 but not limited to, interest on the proceeds
2674	2674	17 receivable as insurance under policies issued to a
2675	2675	18 victim of persecution for racial or religious reasons
2676	2676	19 by Nazi Germany or any other Axis regime by European
2677	2677	20 insurance companies immediately prior to and during
2678	2678	21 World War II; provided, however, this subtraction from
2679	2679	22 federal adjusted gross income does not apply to assets
2680	2680	23 acquired with such assets or with the proceeds from
2681	2681	24 the sale of such assets; provided, further, this
2682	2682	25 paragraph shall only apply to a taxpayer who was the
2683	2683	26 first recipient of such assets after their recovery
2684	2684
2685	2685
2686	2686
2687	2687
2688	2688
2689	2689	HB2395 - 74 - LRB104 08947 HLH 19002 b
2690	2690
2691	2691
2692	2692	HB2395- 75 -LRB104 08947 HLH 19002 b HB2395 - 75 - LRB104 08947 HLH 19002 b
2693	2693	HB2395 - 75 - LRB104 08947 HLH 19002 b
2694	2694	1 and who is a victim of persecution for racial or
2695	2695	2 religious reasons by Nazi Germany or any other Axis
2696	2696	3 regime or as an heir of the victim. The amount of and
2697	2697	4 the eligibility for any public assistance, benefit, or
2698	2698	5 similar entitlement is not affected by the inclusion
2699	2699	6 of items (i) and (ii) of this paragraph in gross income
2700	2700	7 for federal income tax purposes. This paragraph is
2701	2701	8 exempt from the provisions of Section 250;
2702	2702	9 (R) For taxable years 2001 and thereafter, for the
2703	2703	10 taxable year in which the bonus depreciation deduction
2704	2704	11 is taken on the taxpayer's federal income tax return
2705	2705	12 under subsection (k) of Section 168 of the Internal
2706	2706	13 Revenue Code and for each applicable taxable year
2707	2707	14 thereafter, an amount equal to "x", where:
2708	2708	15 (1) "y" equals the amount of the depreciation
2709	2709	16 deduction taken for the taxable year on the
2710	2710	17 taxpayer's federal income tax return on property
2711	2711	18 for which the bonus depreciation deduction was
2712	2712	19 taken in any year under subsection (k) of Section
2713	2713	20 168 of the Internal Revenue Code, but not
2714	2714	21 including the bonus depreciation deduction;
2715	2715	22 (2) for taxable years ending on or before
2716	2716	23 December 31, 2005, "x" equals "y" multiplied by 30
2717	2717	24 and then divided by 70 (or "y" multiplied by
2718	2718	25 0.429); and
2719	2719	26 (3) for taxable years ending after December
2720	2720
2721	2721
2722	2722
2723	2723
2724	2724
2725	2725	HB2395 - 75 - LRB104 08947 HLH 19002 b
2726	2726
2727	2727
2728	2728	HB2395- 76 -LRB104 08947 HLH 19002 b HB2395 - 76 - LRB104 08947 HLH 19002 b
2729	2729	HB2395 - 76 - LRB104 08947 HLH 19002 b
2730	2730	1 31, 2005:
2731	2731	2 (i) for property on which a bonus
2732	2732	3 depreciation deduction of 30% of the adjusted
2733	2733	4 basis was taken, "x" equals "y" multiplied by
2734	2734	5 30 and then divided by 70 (or "y" multiplied
2735	2735	6 by 0.429);
2736	2736	7 (ii) for property on which a bonus
2737	2737	8 depreciation deduction of 50% of the adjusted
2738	2738	9 basis was taken, "x" equals "y" multiplied by
2739	2739	10 1.0;
2740	2740	11 (iii) for property on which a bonus
2741	2741	12 depreciation deduction of 100% of the adjusted
2742	2742	13 basis was taken in a taxable year ending on or
2743	2743	14 after December 31, 2021, "x" equals the
2744	2744	15 depreciation deduction that would be allowed
2745	2745	16 on that property if the taxpayer had made the
2746	2746	17 election under Section 168(k)(7) of the
2747	2747	18 Internal Revenue Code to not claim bonus
2748	2748	19 depreciation on that property; and
2749	2749	20 (iv) for property on which a bonus
2750	2750	21 depreciation deduction of a percentage other
2751	2751	22 than 30%, 50% or 100% of the adjusted basis
2752	2752	23 was taken in a taxable year ending on or after
2753	2753	24 December 31, 2021, "x" equals "y" multiplied
2754	2754	25 by 100 times the percentage bonus depreciation
2755	2755	26 on the property (that is, 100(bonus%)) and
2756	2756
2757	2757
2758	2758
2759	2759
2760	2760
2761	2761	HB2395 - 76 - LRB104 08947 HLH 19002 b
2762	2762
2763	2763
2764	2764	HB2395- 77 -LRB104 08947 HLH 19002 b HB2395 - 77 - LRB104 08947 HLH 19002 b
2765	2765	HB2395 - 77 - LRB104 08947 HLH 19002 b
2766	2766	1 then divided by 100 times 1 minus the
2767	2767	2 percentage bonus depreciation on the property
2768	2768	3 (that is, 100(1-bonus%)).
2769	2769	4 The aggregate amount deducted under this
2770	2770	5 subparagraph in all taxable years for any one piece of
2771	2771	6 property may not exceed the amount of the bonus
2772	2772	7 depreciation deduction taken on that property on the
2773	2773	8 taxpayer's federal income tax return under subsection
2774	2774	9 (k) of Section 168 of the Internal Revenue Code. This
2775	2775	10 subparagraph (R) is exempt from the provisions of
2776	2776	11 Section 250;
2777	2777	12 (S) If the taxpayer sells, transfers, abandons, or
2778	2778	13 otherwise disposes of property for which the taxpayer
2779	2779	14 was required in any taxable year to make an addition
2780	2780	15 modification under subparagraph (G-10), then an amount
2781	2781	16 equal to that addition modification.
2782	2782	17 If the taxpayer continues to own property through
2783	2783	18 the last day of the last tax year for which a
2784	2784	19 subtraction is allowed with respect to that property
2785	2785	20 under subparagraph (R) and for which the taxpayer was
2786	2786	21 required in any taxable year to make an addition
2787	2787	22 modification under subparagraph (G-10), then an amount
2788	2788	23 equal to that addition modification.
2789	2789	24 The taxpayer is allowed to take the deduction
2790	2790	25 under this subparagraph only once with respect to any
2791	2791	26 one piece of property.
2792	2792
2793	2793
2794	2794
2795	2795
2796	2796
2797	2797	HB2395 - 77 - LRB104 08947 HLH 19002 b
2798	2798
2799	2799
2800	2800	HB2395- 78 -LRB104 08947 HLH 19002 b HB2395 - 78 - LRB104 08947 HLH 19002 b
2801	2801	HB2395 - 78 - LRB104 08947 HLH 19002 b
2802	2802	1 This subparagraph (S) is exempt from the
2803	2803	2 provisions of Section 250;
2804	2804	3 (T) The amount of (i) any interest income (net of
2805	2805	4 the deductions allocable thereto) taken into account
2806	2806	5 for the taxable year with respect to a transaction
2807	2807	6 with a taxpayer that is required to make an addition
2808	2808	7 modification with respect to such transaction under
2809	2809	8 Section 203(a)(2)(D-17), 203(b)(2)(E-12),
2810	2810	9 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
2811	2811	10 the amount of such addition modification and (ii) any
2812	2812	11 income from intangible property (net of the deductions
2813	2813	12 allocable thereto) taken into account for the taxable
2814	2814	13 year with respect to a transaction with a taxpayer
2815	2815	14 that is required to make an addition modification with
2816	2816	15 respect to such transaction under Section
2817	2817	16 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
2818	2818	17 203(d)(2)(D-8), but not to exceed the amount of such
2819	2819	18 addition modification. This subparagraph (T) is exempt
2820	2820	19 from the provisions of Section 250;
2821	2821	20 (U) An amount equal to the interest income taken
2822	2822	21 into account for the taxable year (net of the
2823	2823	22 deductions allocable thereto) with respect to
2824	2824	23 transactions with (i) a foreign person who would be a
2825	2825	24 member of the taxpayer's unitary business group but
2826	2826	25 for the fact the foreign person's business activity
2827	2827	26 outside the United States is 80% or more of that
2828	2828
2829	2829
2830	2830
2831	2831
2832	2832
2833	2833	HB2395 - 78 - LRB104 08947 HLH 19002 b
2834	2834
2835	2835
2836	2836	HB2395- 79 -LRB104 08947 HLH 19002 b HB2395 - 79 - LRB104 08947 HLH 19002 b
2837	2837	HB2395 - 79 - LRB104 08947 HLH 19002 b
2838	2838	1 person's total business activity and (ii) for taxable
2839	2839	2 years ending on or after December 31, 2008, to a person
2840	2840	3 who would be a member of the same unitary business
2841	2841	4 group but for the fact that the person is prohibited
2842	2842	5 under Section 1501(a)(27) from being included in the
2843	2843	6 unitary business group because he or she is ordinarily
2844	2844	7 required to apportion business income under different
2845	2845	8 subsections of Section 304, but not to exceed the
2846	2846	9 addition modification required to be made for the same
2847	2847	10 taxable year under Section 203(c)(2)(G-12) for
2848	2848	11 interest paid, accrued, or incurred, directly or
2849	2849	12 indirectly, to the same person. This subparagraph (U)
2850	2850	13 is exempt from the provisions of Section 250;
2851	2851	14 (V) An amount equal to the income from intangible
2852	2852	15 property taken into account for the taxable year (net
2853	2853	16 of the deductions allocable thereto) with respect to
2854	2854	17 transactions with (i) a foreign person who would be a
2855	2855	18 member of the taxpayer's unitary business group but
2856	2856	19 for the fact that the foreign person's business
2857	2857	20 activity outside the United States is 80% or more of
2858	2858	21 that person's total business activity and (ii) for
2859	2859	22 taxable years ending on or after December 31, 2008, to
2860	2860	23 a person who would be a member of the same unitary
2861	2861	24 business group but for the fact that the person is
2862	2862	25 prohibited under Section 1501(a)(27) from being
2863	2863	26 included in the unitary business group because he or
2864	2864
2865	2865
2866	2866
2867	2867
2868	2868
2869	2869	HB2395 - 79 - LRB104 08947 HLH 19002 b
2870	2870
2871	2871
2872	2872	HB2395- 80 -LRB104 08947 HLH 19002 b HB2395 - 80 - LRB104 08947 HLH 19002 b
2873	2873	HB2395 - 80 - LRB104 08947 HLH 19002 b
2874	2874	1 she is ordinarily required to apportion business
2875	2875	2 income under different subsections of Section 304, but
2876	2876	3 not to exceed the addition modification required to be
2877	2877	4 made for the same taxable year under Section
2878	2878	5 203(c)(2)(G-13) for intangible expenses and costs
2879	2879	6 paid, accrued, or incurred, directly or indirectly, to
2880	2880	7 the same foreign person. This subparagraph (V) is
2881	2881	8 exempt from the provisions of Section 250;
2882	2882	9 (W) in the case of an estate, an amount equal to
2883	2883	10 all amounts included in such total pursuant to the
2884	2884	11 provisions of Section 111 of the Internal Revenue Code
2885	2885	12 as a recovery of items previously deducted by the
2886	2886	13 decedent from adjusted gross income in the computation
2887	2887	14 of taxable income. This subparagraph (W) is exempt
2888	2888	15 from Section 250;
2889	2889	16 (X) an amount equal to the refund included in such
2890	2890	17 total of any tax deducted for federal income tax
2891	2891	18 purposes, to the extent that deduction was added back
2892	2892	19 under subparagraph (F). This subparagraph (X) is
2893	2893	20 exempt from the provisions of Section 250;
2894	2894	21 (Y) For taxable years ending on or after December
2895	2895	22 31, 2011, in the case of a taxpayer who was required to
2896	2896	23 add back any insurance premiums under Section
2897	2897	24 203(c)(2)(G-14), such taxpayer may elect to subtract
2898	2898	25 that part of a reimbursement received from the
2899	2899	26 insurance company equal to the amount of the expense
2900	2900
2901	2901
2902	2902
2903	2903
2904	2904
2905	2905	HB2395 - 80 - LRB104 08947 HLH 19002 b
2906	2906
2907	2907
2908	2908	HB2395- 81 -LRB104 08947 HLH 19002 b HB2395 - 81 - LRB104 08947 HLH 19002 b
2909	2909	HB2395 - 81 - LRB104 08947 HLH 19002 b
2910	2910	1 or loss (including expenses incurred by the insurance
2911	2911	2 company) that would have been taken into account as a
2912	2912	3 deduction for federal income tax purposes if the
2913	2913	4 expense or loss had been uninsured. If a taxpayer
2914	2914	5 makes the election provided for by this subparagraph
2915	2915	6 (Y), the insurer to which the premiums were paid must
2916	2916	7 add back to income the amount subtracted by the
2917	2917	8 taxpayer pursuant to this subparagraph (Y). This
2918	2918	9 subparagraph (Y) is exempt from the provisions of
2919	2919	10 Section 250;
2920	2920	11 (Z) For taxable years beginning after December 31,
2921	2921	12 2018 and before January 1, 2026, the amount of excess
2922	2922	13 business loss of the taxpayer disallowed as a
2923	2923	14 deduction by Section 461(l)(1)(B) of the Internal
2924	2924	15 Revenue Code; and
2925	2925	16 (AA) For taxable years beginning on or after
2926	2926	17 January 1, 2023, for any cannabis establishment
2927	2927	18 operating in this State and licensed under the
2928	2928	19 Cannabis Regulation and Tax Act or any cannabis
2929	2929	20 cultivation center or medical cannabis dispensing
2930	2930	21 organization operating in this State and licensed
2931	2931	22 under the Compassionate Use of Medical Cannabis
2932	2932	23 Program Act, an amount equal to the deductions that
2933	2933	24 were disallowed under Section 280E of the Internal
2934	2934	25 Revenue Code for the taxable year and that would not be
2935	2935	26 added back under this subsection. The provisions of
2936	2936
2937	2937
2938	2938
2939	2939
2940	2940
2941	2941	HB2395 - 81 - LRB104 08947 HLH 19002 b
2942	2942
2943	2943
2944	2944	HB2395- 82 -LRB104 08947 HLH 19002 b HB2395 - 82 - LRB104 08947 HLH 19002 b
2945	2945	HB2395 - 82 - LRB104 08947 HLH 19002 b
2946	2946	1 this subparagraph (AA) are exempt from the provisions
2947	2947	2 of Section 250.
2948	2948	3 (3) Limitation. The amount of any modification
2949	2949	4 otherwise required under this subsection shall, under
2950	2950	5 regulations prescribed by the Department, be adjusted by
2951	2951	6 any amounts included therein which were properly paid,
2952	2952	7 credited, or required to be distributed, or permanently
2953	2953	8 set aside for charitable purposes pursuant to Internal
2954	2954	9 Revenue Code Section 642(c) during the taxable year.
2955	2955	10 (d) Partnerships.
2956	2956	11 (1) In general. In the case of a partnership, base
2957	2957	12 income means an amount equal to the taxpayer's taxable
2958	2958	13 income for the taxable year as modified by paragraph (2).
2959	2959	14 (2) Modifications. The taxable income referred to in
2960	2960	15 paragraph (1) shall be modified by adding thereto the sum
2961	2961	16 of the following amounts:
2962	2962	17 (A) An amount equal to all amounts paid or accrued
2963	2963	18 to the taxpayer as interest or dividends during the
2964	2964	19 taxable year to the extent excluded from gross income
2965	2965	20 in the computation of taxable income;
2966	2966	21 (B) An amount equal to the amount of tax imposed by
2967	2967	22 this Act to the extent deducted from gross income for
2968	2968	23 the taxable year;
2969	2969	24 (C) The amount of deductions allowed to the
2970	2970	25 partnership pursuant to Section 707 (c) of the
2971	2971
2972	2972
2973	2973
2974	2974
2975	2975
2976	2976	HB2395 - 82 - LRB104 08947 HLH 19002 b
2977	2977
2978	2978
2979	2979	HB2395- 83 -LRB104 08947 HLH 19002 b HB2395 - 83 - LRB104 08947 HLH 19002 b
2980	2980	HB2395 - 83 - LRB104 08947 HLH 19002 b
2981	2981	1 Internal Revenue Code in calculating its taxable
2982	2982	2 income;
2983	2983	3 (D) An amount equal to the amount of the capital
2984	2984	4 gain deduction allowable under the Internal Revenue
2985	2985	5 Code, to the extent deducted from gross income in the
2986	2986	6 computation of taxable income;
2987	2987	7 (D-5) For taxable years 2001 and thereafter, an
2988	2988	8 amount equal to the bonus depreciation deduction taken
2989	2989	9 on the taxpayer's federal income tax return for the
2990	2990	10 taxable year under subsection (k) of Section 168 of
2991	2991	11 the Internal Revenue Code;
2992	2992	12 (D-6) If the taxpayer sells, transfers, abandons,
2993	2993	13 or otherwise disposes of property for which the
2994	2994	14 taxpayer was required in any taxable year to make an
2995	2995	15 addition modification under subparagraph (D-5), then
2996	2996	16 an amount equal to the aggregate amount of the
2997	2997	17 deductions taken in all taxable years under
2998	2998	18 subparagraph (O) with respect to that property.
2999	2999	19 If the taxpayer continues to own property through
3000	3000	20 the last day of the last tax year for which a
3001	3001	21 subtraction is allowed with respect to that property
3002	3002	22 under subparagraph (O) and for which the taxpayer was
3003	3003	23 allowed in any taxable year to make a subtraction
3004	3004	24 modification under subparagraph (O), then an amount
3005	3005	25 equal to that subtraction modification.
3006	3006	26 The taxpayer is required to make the addition
3007	3007
3008	3008
3009	3009
3010	3010
3011	3011
3012	3012	HB2395 - 83 - LRB104 08947 HLH 19002 b
3013	3013
3014	3014
3015	3015	HB2395- 84 -LRB104 08947 HLH 19002 b HB2395 - 84 - LRB104 08947 HLH 19002 b
3016	3016	HB2395 - 84 - LRB104 08947 HLH 19002 b
3017	3017	1 modification under this subparagraph only once with
3018	3018	2 respect to any one piece of property;
3019	3019	3 (D-7) An amount equal to the amount otherwise
3020	3020	4 allowed as a deduction in computing base income for
3021	3021	5 interest paid, accrued, or incurred, directly or
3022	3022	6 indirectly, (i) for taxable years ending on or after
3023	3023	7 December 31, 2004, to a foreign person who would be a
3024	3024	8 member of the same unitary business group but for the
3025	3025	9 fact the foreign person's business activity outside
3026	3026	10 the United States is 80% or more of the foreign
3027	3027	11 person's total business activity and (ii) for taxable
3028	3028	12 years ending on or after December 31, 2008, to a person
3029	3029	13 who would be a member of the same unitary business
3030	3030	14 group but for the fact that the person is prohibited
3031	3031	15 under Section 1501(a)(27) from being included in the
3032	3032	16 unitary business group because he or she is ordinarily
3033	3033	17 required to apportion business income under different
3034	3034	18 subsections of Section 304. The addition modification
3035	3035	19 required by this subparagraph shall be reduced to the
3036	3036	20 extent that dividends were included in base income of
3037	3037	21 the unitary group for the same taxable year and
3038	3038	22 received by the taxpayer or by a member of the
3039	3039	23 taxpayer's unitary business group (including amounts
3040	3040	24 included in gross income pursuant to Sections 951
3041	3041	25 through 964 of the Internal Revenue Code and amounts
3042	3042	26 included in gross income under Section 78 of the
3043	3043
3044	3044
3045	3045
3046	3046
3047	3047
3048	3048	HB2395 - 84 - LRB104 08947 HLH 19002 b
3049	3049
3050	3050
3051	3051	HB2395- 85 -LRB104 08947 HLH 19002 b HB2395 - 85 - LRB104 08947 HLH 19002 b
3052	3052	HB2395 - 85 - LRB104 08947 HLH 19002 b
3053	3053	1 Internal Revenue Code) with respect to the stock of
3054	3054	2 the same person to whom the interest was paid,
3055	3055	3 accrued, or incurred.
3056	3056	4 This paragraph shall not apply to the following:
3057	3057	5 (i) an item of interest paid, accrued, or
3058	3058	6 incurred, directly or indirectly, to a person who
3059	3059	7 is subject in a foreign country or state, other
3060	3060	8 than a state which requires mandatory unitary
3061	3061	9 reporting, to a tax on or measured by net income
3062	3062	10 with respect to such interest; or
3063	3063	11 (ii) an item of interest paid, accrued, or
3064	3064	12 incurred, directly or indirectly, to a person if
3065	3065	13 the taxpayer can establish, based on a
3066	3066	14 preponderance of the evidence, both of the
3067	3067	15 following:
3068	3068	16 (a) the person, during the same taxable
3069	3069	17 year, paid, accrued, or incurred, the interest
3070	3070	18 to a person that is not a related member, and
3071	3071	19 (b) the transaction giving rise to the
3072	3072	20 interest expense between the taxpayer and the
3073	3073	21 person did not have as a principal purpose the
3074	3074	22 avoidance of Illinois income tax, and is paid
3075	3075	23 pursuant to a contract or agreement that
3076	3076	24 reflects an arm's-length interest rate and
3077	3077	25 terms; or
3078	3078	26 (iii) the taxpayer can establish, based on
3079	3079
3080	3080
3081	3081
3082	3082
3083	3083
3084	3084	HB2395 - 85 - LRB104 08947 HLH 19002 b
3085	3085
3086	3086
3087	3087	HB2395- 86 -LRB104 08947 HLH 19002 b HB2395 - 86 - LRB104 08947 HLH 19002 b
3088	3088	HB2395 - 86 - LRB104 08947 HLH 19002 b
3089	3089	1 clear and convincing evidence, that the interest
3090	3090	2 paid, accrued, or incurred relates to a contract
3091	3091	3 or agreement entered into at arm's-length rates
3092	3092	4 and terms and the principal purpose for the
3093	3093	5 payment is not federal or Illinois tax avoidance;
3094	3094	6 or
3095	3095	7 (iv) an item of interest paid, accrued, or
3096	3096	8 incurred, directly or indirectly, to a person if
3097	3097	9 the taxpayer establishes by clear and convincing
3098	3098	10 evidence that the adjustments are unreasonable; or
3099	3099	11 if the taxpayer and the Director agree in writing
3100	3100	12 to the application or use of an alternative method
3101	3101	13 of apportionment under Section 304(f).
3102	3102	14 Nothing in this subsection shall preclude the
3103	3103	15 Director from making any other adjustment
3104	3104	16 otherwise allowed under Section 404 of this Act
3105	3105	17 for any tax year beginning after the effective
3106	3106	18 date of this amendment provided such adjustment is
3107	3107	19 made pursuant to regulation adopted by the
3108	3108	20 Department and such regulations provide methods
3109	3109	21 and standards by which the Department will utilize
3110	3110	22 its authority under Section 404 of this Act; and
3111	3111	23 (D-8) An amount equal to the amount of intangible
3112	3112	24 expenses and costs otherwise allowed as a deduction in
3113	3113	25 computing base income, and that were paid, accrued, or
3114	3114	26 incurred, directly or indirectly, (i) for taxable
3115	3115
3116	3116
3117	3117
3118	3118
3119	3119
3120	3120	HB2395 - 86 - LRB104 08947 HLH 19002 b
3121	3121
3122	3122
3123	3123	HB2395- 87 -LRB104 08947 HLH 19002 b HB2395 - 87 - LRB104 08947 HLH 19002 b
3124	3124	HB2395 - 87 - LRB104 08947 HLH 19002 b
3125	3125	1 years ending on or after December 31, 2004, to a
3126	3126	2 foreign person who would be a member of the same
3127	3127	3 unitary business group but for the fact that the
3128	3128	4 foreign person's business activity outside the United
3129	3129	5 States is 80% or more of that person's total business
3130	3130	6 activity and (ii) for taxable years ending on or after
3131	3131	7 December 31, 2008, to a person who would be a member of
3132	3132	8 the same unitary business group but for the fact that
3133	3133	9 the person is prohibited under Section 1501(a)(27)
3134	3134	10 from being included in the unitary business group
3135	3135	11 because he or she is ordinarily required to apportion
3136	3136	12 business income under different subsections of Section
3137	3137	13 304. The addition modification required by this
3138	3138	14 subparagraph shall be reduced to the extent that
3139	3139	15 dividends were included in base income of the unitary
3140	3140	16 group for the same taxable year and received by the
3141	3141	17 taxpayer or by a member of the taxpayer's unitary
3142	3142	18 business group (including amounts included in gross
3143	3143	19 income pursuant to Sections 951 through 964 of the
3144	3144	20 Internal Revenue Code and amounts included in gross
3145	3145	21 income under Section 78 of the Internal Revenue Code)
3146	3146	22 with respect to the stock of the same person to whom
3147	3147	23 the intangible expenses and costs were directly or
3148	3148	24 indirectly paid, incurred or accrued. The preceding
3149	3149	25 sentence shall not apply to the extent that the same
3150	3150	26 dividends caused a reduction to the addition
3151	3151
3152	3152
3153	3153
3154	3154
3155	3155
3156	3156	HB2395 - 87 - LRB104 08947 HLH 19002 b
3157	3157
3158	3158
3159	3159	HB2395- 88 -LRB104 08947 HLH 19002 b HB2395 - 88 - LRB104 08947 HLH 19002 b
3160	3160	HB2395 - 88 - LRB104 08947 HLH 19002 b
3161	3161	1 modification required under Section 203(d)(2)(D-7) of
3162	3162	2 this Act. As used in this subparagraph, the term
3163	3163	3 "intangible expenses and costs" includes (1) expenses,
3164	3164	4 losses, and costs for, or related to, the direct or
3165	3165	5 indirect acquisition, use, maintenance or management,
3166	3166	6 ownership, sale, exchange, or any other disposition of
3167	3167	7 intangible property; (2) losses incurred, directly or
3168	3168	8 indirectly, from factoring transactions or discounting
3169	3169	9 transactions; (3) royalty, patent, technical, and
3170	3170	10 copyright fees; (4) licensing fees; and (5) other
3171	3171	11 similar expenses and costs. For purposes of this
3172	3172	12 subparagraph, "intangible property" includes patents,
3173	3173	13 patent applications, trade names, trademarks, service
3174	3174	14 marks, copyrights, mask works, trade secrets, and
3175	3175	15 similar types of intangible assets;
3176	3176	16 This paragraph shall not apply to the following:
3177	3177	17 (i) any item of intangible expenses or costs
3178	3178	18 paid, accrued, or incurred, directly or
3179	3179	19 indirectly, from a transaction with a person who
3180	3180	20 is subject in a foreign country or state, other
3181	3181	21 than a state which requires mandatory unitary
3182	3182	22 reporting, to a tax on or measured by net income
3183	3183	23 with respect to such item; or
3184	3184	24 (ii) any item of intangible expense or cost
3185	3185	25 paid, accrued, or incurred, directly or
3186	3186	26 indirectly, if the taxpayer can establish, based
3187	3187
3188	3188
3189	3189
3190	3190
3191	3191
3192	3192	HB2395 - 88 - LRB104 08947 HLH 19002 b
3193	3193
3194	3194
3195	3195	HB2395- 89 -LRB104 08947 HLH 19002 b HB2395 - 89 - LRB104 08947 HLH 19002 b
3196	3196	HB2395 - 89 - LRB104 08947 HLH 19002 b
3197	3197	1 on a preponderance of the evidence, both of the
3198	3198	2 following:
3199	3199	3 (a) the person during the same taxable
3200	3200	4 year paid, accrued, or incurred, the
3201	3201	5 intangible expense or cost to a person that is
3202	3202	6 not a related member, and
3203	3203	7 (b) the transaction giving rise to the
3204	3204	8 intangible expense or cost between the
3205	3205	9 taxpayer and the person did not have as a
3206	3206	10 principal purpose the avoidance of Illinois
3207	3207	11 income tax, and is paid pursuant to a contract
3208	3208	12 or agreement that reflects arm's-length terms;
3209	3209	13 or
3210	3210	14 (iii) any item of intangible expense or cost
3211	3211	15 paid, accrued, or incurred, directly or
3212	3212	16 indirectly, from a transaction with a person if
3213	3213	17 the taxpayer establishes by clear and convincing
3214	3214	18 evidence, that the adjustments are unreasonable;
3215	3215	19 or if the taxpayer and the Director agree in
3216	3216	20 writing to the application or use of an
3217	3217	21 alternative method of apportionment under Section
3218	3218	22 304(f);
3219	3219	23 Nothing in this subsection shall preclude the
3220	3220	24 Director from making any other adjustment
3221	3221	25 otherwise allowed under Section 404 of this Act
3222	3222	26 for any tax year beginning after the effective
3223	3223
3224	3224
3225	3225
3226	3226
3227	3227
3228	3228	HB2395 - 89 - LRB104 08947 HLH 19002 b
3229	3229
3230	3230
3231	3231	HB2395- 90 -LRB104 08947 HLH 19002 b HB2395 - 90 - LRB104 08947 HLH 19002 b
3232	3232	HB2395 - 90 - LRB104 08947 HLH 19002 b
3233	3233	1 date of this amendment provided such adjustment is
3234	3234	2 made pursuant to regulation adopted by the
3235	3235	3 Department and such regulations provide methods
3236	3236	4 and standards by which the Department will utilize
3237	3237	5 its authority under Section 404 of this Act;
3238	3238	6 (D-9) For taxable years ending on or after
3239	3239	7 December 31, 2008, an amount equal to the amount of
3240	3240	8 insurance premium expenses and costs otherwise allowed
3241	3241	9 as a deduction in computing base income, and that were
3242	3242	10 paid, accrued, or incurred, directly or indirectly, to
3243	3243	11 a person who would be a member of the same unitary
3244	3244	12 business group but for the fact that the person is
3245	3245	13 prohibited under Section 1501(a)(27) from being
3246	3246	14 included in the unitary business group because he or
3247	3247	15 she is ordinarily required to apportion business
3248	3248	16 income under different subsections of Section 304. The
3249	3249	17 addition modification required by this subparagraph
3250	3250	18 shall be reduced to the extent that dividends were
3251	3251	19 included in base income of the unitary group for the
3252	3252	20 same taxable year and received by the taxpayer or by a
3253	3253	21 member of the taxpayer's unitary business group
3254	3254	22 (including amounts included in gross income under
3255	3255	23 Sections 951 through 964 of the Internal Revenue Code
3256	3256	24 and amounts included in gross income under Section 78
3257	3257	25 of the Internal Revenue Code) with respect to the
3258	3258	26 stock of the same person to whom the premiums and costs
3259	3259
3260	3260
3261	3261
3262	3262
3263	3263
3264	3264	HB2395 - 90 - LRB104 08947 HLH 19002 b
3265	3265
3266	3266
3267	3267	HB2395- 91 -LRB104 08947 HLH 19002 b HB2395 - 91 - LRB104 08947 HLH 19002 b
3268	3268	HB2395 - 91 - LRB104 08947 HLH 19002 b
3269	3269	1 were directly or indirectly paid, incurred, or
3270	3270	2 accrued. The preceding sentence does not apply to the
3271	3271	3 extent that the same dividends caused a reduction to
3272	3272	4 the addition modification required under Section
3273	3273	5 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
3274	3274	6 (D-10) An amount equal to the credit allowable to
3275	3275	7 the taxpayer under Section 218(a) of this Act,
3276	3276	8 determined without regard to Section 218(c) of this
3277	3277	9 Act;
3278	3278	10 (D-11) For taxable years ending on or after
3279	3279	11 December 31, 2017, an amount equal to the deduction
3280	3280	12 allowed under Section 199 of the Internal Revenue Code
3281	3281	13 for the taxable year;
3282	3282	14 (D-12) the amount that is claimed as a federal
3283	3283	15 deduction when computing the taxpayer's federal
3284	3284	16 taxable income for the taxable year and that is
3285	3285	17 attributable to an endowment gift for which the
3286	3286	18 taxpayer receives a credit under the Illinois Gives
3287	3287	19 Tax Credit Act;
3288	3288	20 and by deducting from the total so obtained the following
3289	3289	21 amounts:
3290	3290	22 (E) The valuation limitation amount;
3291	3291	23 (F) An amount equal to the amount of any tax
3292	3292	24 imposed by this Act which was refunded to the taxpayer
3293	3293	25 and included in such total for the taxable year;
3294	3294	26 (G) An amount equal to all amounts included in
3295	3295
3296	3296
3297	3297
3298	3298
3299	3299
3300	3300	HB2395 - 91 - LRB104 08947 HLH 19002 b
3301	3301
3302	3302
3303	3303	HB2395- 92 -LRB104 08947 HLH 19002 b HB2395 - 92 - LRB104 08947 HLH 19002 b
3304	3304	HB2395 - 92 - LRB104 08947 HLH 19002 b
3305	3305	1 taxable income as modified by subparagraphs (A), (B),
3306	3306	2 (C) and (D) which are exempt from taxation by this
3307	3307	3 State either by reason of its statutes or Constitution
3308	3308	4 or by reason of the Constitution, treaties or statutes
3309	3309	5 of the United States; provided that, in the case of any
3310	3310	6 statute of this State that exempts income derived from
3311	3311	7 bonds or other obligations from the tax imposed under
3312	3312	8 this Act, the amount exempted shall be the interest
3313	3313	9 net of bond premium amortization;
3314	3314	10 (H) Any income of the partnership which
3315	3315	11 constitutes personal service income as defined in
3316	3316	12 Section 1348(b)(1) of the Internal Revenue Code (as in
3317	3317	13 effect December 31, 1981) or a reasonable allowance
3318	3318	14 for compensation paid or accrued for services rendered
3319	3319	15 by partners to the partnership, whichever is greater;
3320	3320	16 this subparagraph (H) is exempt from the provisions of
3321	3321	17 Section 250;
3322	3322	18 (I) An amount equal to all amounts of income
3323	3323	19 distributable to an entity subject to the Personal
3324	3324	20 Property Tax Replacement Income Tax imposed by
3325	3325	21 subsections (c) and (d) of Section 201 of this Act
3326	3326	22 including amounts distributable to organizations
3327	3327	23 exempt from federal income tax by reason of Section
3328	3328	24 501(a) of the Internal Revenue Code; this subparagraph
3329	3329	25 (I) is exempt from the provisions of Section 250;
3330	3330	26 (J) With the exception of any amounts subtracted
3331	3331
3332	3332
3333	3333
3334	3334
3335	3335
3336	3336	HB2395 - 92 - LRB104 08947 HLH 19002 b
3337	3337
3338	3338
3339	3339	HB2395- 93 -LRB104 08947 HLH 19002 b HB2395 - 93 - LRB104 08947 HLH 19002 b
3340	3340	HB2395 - 93 - LRB104 08947 HLH 19002 b
3341	3341	1 under subparagraph (G), an amount equal to the sum of
3342	3342	2 all amounts disallowed as deductions by (i) Sections
3343	3343	3 171(a)(2) and 265(a)(2) of the Internal Revenue Code,
3344	3344	4 and all amounts of expenses allocable to interest and
3345	3345	5 disallowed as deductions by Section 265(a)(1) of the
3346	3346	6 Internal Revenue Code; and (ii) for taxable years
3347	3347	7 ending on or after August 13, 1999, Sections
3348	3348	8 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
3349	3349	9 Internal Revenue Code, plus, (iii) for taxable years
3350	3350	10 ending on or after December 31, 2011, Section
3351	3351	11 45G(e)(3) of the Internal Revenue Code and, for
3352	3352	12 taxable years ending on or after December 31, 2008,
3353	3353	13 any amount included in gross income under Section 87
3354	3354	14 of the Internal Revenue Code; the provisions of this
3355	3355	15 subparagraph are exempt from the provisions of Section
3356	3356	16 250;
3357	3357	17 (K) An amount equal to those dividends included in
3358	3358	18 such total which were paid by a corporation which
3359	3359	19 conducts business operations in a River Edge
3360	3360	20 Redevelopment Zone or zones created under the River
3361	3361	21 Edge Redevelopment Zone Act and conducts substantially
3362	3362	22 all of its operations from a River Edge Redevelopment
3363	3363	23 Zone or zones. This subparagraph (K) is exempt from
3364	3364	24 the provisions of Section 250;
3365	3365	25 (L) An amount equal to any contribution made to a
3366	3366	26 job training project established pursuant to the Real
3367	3367
3368	3368
3369	3369
3370	3370
3371	3371
3372	3372	HB2395 - 93 - LRB104 08947 HLH 19002 b
3373	3373
3374	3374
3375	3375	HB2395- 94 -LRB104 08947 HLH 19002 b HB2395 - 94 - LRB104 08947 HLH 19002 b
3376	3376	HB2395 - 94 - LRB104 08947 HLH 19002 b
3377	3377	1 Property Tax Increment Allocation Redevelopment Act;
3378	3378	2 (M) An amount equal to those dividends included in
3379	3379	3 such total that were paid by a corporation that
3380	3380	4 conducts business operations in a federally designated
3381	3381	5 Foreign Trade Zone or Sub-Zone and that is designated
3382	3382	6 a High Impact Business located in Illinois; provided
3383	3383	7 that dividends eligible for the deduction provided in
3384	3384	8 subparagraph (K) of paragraph (2) of this subsection
3385	3385	9 shall not be eligible for the deduction provided under
3386	3386	10 this subparagraph (M);
3387	3387	11 (N) An amount equal to the amount of the deduction
3388	3388	12 used to compute the federal income tax credit for
3389	3389	13 restoration of substantial amounts held under claim of
3390	3390	14 right for the taxable year pursuant to Section 1341 of
3391	3391	15 the Internal Revenue Code;
3392	3392	16 (O) For taxable years 2001 and thereafter, for the
3393	3393	17 taxable year in which the bonus depreciation deduction
3394	3394	18 is taken on the taxpayer's federal income tax return
3395	3395	19 under subsection (k) of Section 168 of the Internal
3396	3396	20 Revenue Code and for each applicable taxable year
3397	3397	21 thereafter, an amount equal to "x", where:
3398	3398	22 (1) "y" equals the amount of the depreciation
3399	3399	23 deduction taken for the taxable year on the
3400	3400	24 taxpayer's federal income tax return on property
3401	3401	25 for which the bonus depreciation deduction was
3402	3402	26 taken in any year under subsection (k) of Section
3403	3403
3404	3404
3405	3405
3406	3406
3407	3407
3408	3408	HB2395 - 94 - LRB104 08947 HLH 19002 b
3409	3409
3410	3410
3411	3411	HB2395- 95 -LRB104 08947 HLH 19002 b HB2395 - 95 - LRB104 08947 HLH 19002 b
3412	3412	HB2395 - 95 - LRB104 08947 HLH 19002 b
3413	3413	1 168 of the Internal Revenue Code, but not
3414	3414	2 including the bonus depreciation deduction;
3415	3415	3 (2) for taxable years ending on or before
3416	3416	4 December 31, 2005, "x" equals "y" multiplied by 30
3417	3417	5 and then divided by 70 (or "y" multiplied by
3418	3418	6 0.429); and
3419	3419	7 (3) for taxable years ending after December
3420	3420	8 31, 2005:
3421	3421	9 (i) for property on which a bonus
3422	3422	10 depreciation deduction of 30% of the adjusted
3423	3423	11 basis was taken, "x" equals "y" multiplied by
3424	3424	12 30 and then divided by 70 (or "y" multiplied
3425	3425	13 by 0.429);
3426	3426	14 (ii) for property on which a bonus
3427	3427	15 depreciation deduction of 50% of the adjusted
3428	3428	16 basis was taken, "x" equals "y" multiplied by
3429	3429	17 1.0;
3430	3430	18 (iii) for property on which a bonus
3431	3431	19 depreciation deduction of 100% of the adjusted
3432	3432	20 basis was taken in a taxable year ending on or
3433	3433	21 after December 31, 2021, "x" equals the
3434	3434	22 depreciation deduction that would be allowed
3435	3435	23 on that property if the taxpayer had made the
3436	3436	24 election under Section 168(k)(7) of the
3437	3437	25 Internal Revenue Code to not claim bonus
3438	3438	26 depreciation on that property; and
3439	3439
3440	3440
3441	3441
3442	3442
3443	3443
3444	3444	HB2395 - 95 - LRB104 08947 HLH 19002 b
3445	3445
3446	3446
3447	3447	HB2395- 96 -LRB104 08947 HLH 19002 b HB2395 - 96 - LRB104 08947 HLH 19002 b
3448	3448	HB2395 - 96 - LRB104 08947 HLH 19002 b
3449	3449	1 (iv) for property on which a bonus
3450	3450	2 depreciation deduction of a percentage other
3451	3451	3 than 30%, 50% or 100% of the adjusted basis
3452	3452	4 was taken in a taxable year ending on or after
3453	3453	5 December 31, 2021, "x" equals "y" multiplied
3454	3454	6 by 100 times the percentage bonus depreciation
3455	3455	7 on the property (that is, 100(bonus%)) and
3456	3456	8 then divided by 100 times 1 minus the
3457	3457	9 percentage bonus depreciation on the property
3458	3458	10 (that is, 100(1-bonus%)).
3459	3459	11 The aggregate amount deducted under this
3460	3460	12 subparagraph in all taxable years for any one piece of
3461	3461	13 property may not exceed the amount of the bonus
3462	3462	14 depreciation deduction taken on that property on the
3463	3463	15 taxpayer's federal income tax return under subsection
3464	3464	16 (k) of Section 168 of the Internal Revenue Code. This
3465	3465	17 subparagraph (O) is exempt from the provisions of
3466	3466	18 Section 250;
3467	3467	19 (P) If the taxpayer sells, transfers, abandons, or
3468	3468	20 otherwise disposes of property for which the taxpayer
3469	3469	21 was required in any taxable year to make an addition
3470	3470	22 modification under subparagraph (D-5), then an amount
3471	3471	23 equal to that addition modification.
3472	3472	24 If the taxpayer continues to own property through
3473	3473	25 the last day of the last tax year for which a
3474	3474	26 subtraction is allowed with respect to that property
3475	3475
3476	3476
3477	3477
3478	3478
3479	3479
3480	3480	HB2395 - 96 - LRB104 08947 HLH 19002 b
3481	3481
3482	3482
3483	3483	HB2395- 97 -LRB104 08947 HLH 19002 b HB2395 - 97 - LRB104 08947 HLH 19002 b
3484	3484	HB2395 - 97 - LRB104 08947 HLH 19002 b
3485	3485	1 under subparagraph (O) and for which the taxpayer was
3486	3486	2 required in any taxable year to make an addition
3487	3487	3 modification under subparagraph (D-5), then an amount
3488	3488	4 equal to that addition modification.
3489	3489	5 The taxpayer is allowed to take the deduction
3490	3490	6 under this subparagraph only once with respect to any
3491	3491	7 one piece of property.
3492	3492	8 This subparagraph (P) is exempt from the
3493	3493	9 provisions of Section 250;
3494	3494	10 (Q) The amount of (i) any interest income (net of
3495	3495	11 the deductions allocable thereto) taken into account
3496	3496	12 for the taxable year with respect to a transaction
3497	3497	13 with a taxpayer that is required to make an addition
3498	3498	14 modification with respect to such transaction under
3499	3499	15 Section 203(a)(2)(D-17), 203(b)(2)(E-12),
3500	3500	16 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
3501	3501	17 the amount of such addition modification and (ii) any
3502	3502	18 income from intangible property (net of the deductions
3503	3503	19 allocable thereto) taken into account for the taxable
3504	3504	20 year with respect to a transaction with a taxpayer
3505	3505	21 that is required to make an addition modification with
3506	3506	22 respect to such transaction under Section
3507	3507	23 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
3508	3508	24 203(d)(2)(D-8), but not to exceed the amount of such
3509	3509	25 addition modification. This subparagraph (Q) is exempt
3510	3510	26 from Section 250;
3511	3511
3512	3512
3513	3513
3514	3514
3515	3515
3516	3516	HB2395 - 97 - LRB104 08947 HLH 19002 b
3517	3517
3518	3518
3519	3519	HB2395- 98 -LRB104 08947 HLH 19002 b HB2395 - 98 - LRB104 08947 HLH 19002 b
3520	3520	HB2395 - 98 - LRB104 08947 HLH 19002 b
3521	3521	1 (R) An amount equal to the interest income taken
3522	3522	2 into account for the taxable year (net of the
3523	3523	3 deductions allocable thereto) with respect to
3524	3524	4 transactions with (i) a foreign person who would be a
3525	3525	5 member of the taxpayer's unitary business group but
3526	3526	6 for the fact that the foreign person's business
3527	3527	7 activity outside the United States is 80% or more of
3528	3528	8 that person's total business activity and (ii) for
3529	3529	9 taxable years ending on or after December 31, 2008, to
3530	3530	10 a person who would be a member of the same unitary
3531	3531	11 business group but for the fact that the person is
3532	3532	12 prohibited under Section 1501(a)(27) from being
3533	3533	13 included in the unitary business group because he or
3534	3534	14 she is ordinarily required to apportion business
3535	3535	15 income under different subsections of Section 304, but
3536	3536	16 not to exceed the addition modification required to be
3537	3537	17 made for the same taxable year under Section
3538	3538	18 203(d)(2)(D-7) for interest paid, accrued, or
3539	3539	19 incurred, directly or indirectly, to the same person.
3540	3540	20 This subparagraph (R) is exempt from Section 250;
3541	3541	21 (S) An amount equal to the income from intangible
3542	3542	22 property taken into account for the taxable year (net
3543	3543	23 of the deductions allocable thereto) with respect to
3544	3544	24 transactions with (i) a foreign person who would be a
3545	3545	25 member of the taxpayer's unitary business group but
3546	3546	26 for the fact that the foreign person's business
3547	3547
3548	3548
3549	3549
3550	3550
3551	3551
3552	3552	HB2395 - 98 - LRB104 08947 HLH 19002 b
3553	3553
3554	3554
3555	3555	HB2395- 99 -LRB104 08947 HLH 19002 b HB2395 - 99 - LRB104 08947 HLH 19002 b
3556	3556	HB2395 - 99 - LRB104 08947 HLH 19002 b
3557	3557	1 activity outside the United States is 80% or more of
3558	3558	2 that person's total business activity and (ii) for
3559	3559	3 taxable years ending on or after December 31, 2008, to
3560	3560	4 a person who would be a member of the same unitary
3561	3561	5 business group but for the fact that the person is
3562	3562	6 prohibited under Section 1501(a)(27) from being
3563	3563	7 included in the unitary business group because he or
3564	3564	8 she is ordinarily required to apportion business
3565	3565	9 income under different subsections of Section 304, but
3566	3566	10 not to exceed the addition modification required to be
3567	3567	11 made for the same taxable year under Section
3568	3568	12 203(d)(2)(D-8) for intangible expenses and costs paid,
3569	3569	13 accrued, or incurred, directly or indirectly, to the
3570	3570	14 same person. This subparagraph (S) is exempt from
3571	3571	15 Section 250;
3572	3572	16 (T) For taxable years ending on or after December
3573	3573	17 31, 2011, in the case of a taxpayer who was required to
3574	3574	18 add back any insurance premiums under Section
3575	3575	19 203(d)(2)(D-9), such taxpayer may elect to subtract
3576	3576	20 that part of a reimbursement received from the
3577	3577	21 insurance company equal to the amount of the expense
3578	3578	22 or loss (including expenses incurred by the insurance
3579	3579	23 company) that would have been taken into account as a
3580	3580	24 deduction for federal income tax purposes if the
3581	3581	25 expense or loss had been uninsured. If a taxpayer
3582	3582	26 makes the election provided for by this subparagraph
3583	3583
3584	3584
3585	3585
3586	3586
3587	3587
3588	3588	HB2395 - 99 - LRB104 08947 HLH 19002 b
3589	3589
3590	3590
3591	3591	HB2395- 100 -LRB104 08947 HLH 19002 b HB2395 - 100 - LRB104 08947 HLH 19002 b
3592	3592	HB2395 - 100 - LRB104 08947 HLH 19002 b
3593	3593	1 (T), the insurer to which the premiums were paid must
3594	3594	2 add back to income the amount subtracted by the
3595	3595	3 taxpayer pursuant to this subparagraph (T). This
3596	3596	4 subparagraph (T) is exempt from the provisions of
3597	3597	5 Section 250; and
3598	3598	6 (U) For taxable years beginning on or after
3599	3599	7 January 1, 2023, for any cannabis establishment
3600	3600	8 operating in this State and licensed under the
3601	3601	9 Cannabis Regulation and Tax Act or any cannabis
3602	3602	10 cultivation center or medical cannabis dispensing
3603	3603	11 organization operating in this State and licensed
3604	3604	12 under the Compassionate Use of Medical Cannabis
3605	3605	13 Program Act, an amount equal to the deductions that
3606	3606	14 were disallowed under Section 280E of the Internal
3607	3607	15 Revenue Code for the taxable year and that would not be
3608	3608	16 added back under this subsection. The provisions of
3609	3609	17 this subparagraph (U) are exempt from the provisions
3610	3610	18 of Section 250.
3611	3611	19 (e) Gross income; adjusted gross income; taxable income.
3612	3612	20 (1) In general. Subject to the provisions of paragraph
3613	3613	21 (2) and subsection (b)(3), for purposes of this Section
3614	3614	22 and Section 803(e), a taxpayer's gross income, adjusted
3615	3615	23 gross income, or taxable income for the taxable year shall
3616	3616	24 mean the amount of gross income, adjusted gross income or
3617	3617	25 taxable income properly reportable for federal income tax
3618	3618
3619	3619
3620	3620
3621	3621
3622	3622
3623	3623	HB2395 - 100 - LRB104 08947 HLH 19002 b
3624	3624
3625	3625
3626	3626	HB2395- 101 -LRB104 08947 HLH 19002 b HB2395 - 101 - LRB104 08947 HLH 19002 b
3627	3627	HB2395 - 101 - LRB104 08947 HLH 19002 b
3628	3628	1 purposes for the taxable year under the provisions of the
3629	3629	2 Internal Revenue Code. Taxable income may be less than
3630	3630	3 zero. However, for taxable years ending on or after
3631	3631	4 December 31, 1986, net operating loss carryforwards from
3632	3632	5 taxable years ending prior to December 31, 1986, may not
3633	3633	6 exceed the sum of federal taxable income for the taxable
3634	3634	7 year before net operating loss deduction, plus the excess
3635	3635	8 of addition modifications over subtraction modifications
3636	3636	9 for the taxable year. For taxable years ending prior to
3637	3637	10 December 31, 1986, taxable income may never be an amount
3638	3638	11 in excess of the net operating loss for the taxable year as
3639	3639	12 defined in subsections (c) and (d) of Section 172 of the
3640	3640	13 Internal Revenue Code, provided that when taxable income
3641	3641	14 of a corporation (other than a Subchapter S corporation),
3642	3642	15 trust, or estate is less than zero and addition
3643	3643	16 modifications, other than those provided by subparagraph
3644	3644	17 (E) of paragraph (2) of subsection (b) for corporations or
3645	3645	18 subparagraph (E) of paragraph (2) of subsection (c) for
3646	3646	19 trusts and estates, exceed subtraction modifications, an
3647	3647	20 addition modification must be made under those
3648	3648	21 subparagraphs for any other taxable year to which the
3649	3649	22 taxable income less than zero (net operating loss) is
3650	3650	23 applied under Section 172 of the Internal Revenue Code or
3651	3651	24 under subparagraph (E) of paragraph (2) of this subsection
3652	3652	25 (e) applied in conjunction with Section 172 of the
3653	3653	26 Internal Revenue Code.
3654	3654
3655	3655
3656	3656
3657	3657
3658	3658
3659	3659	HB2395 - 101 - LRB104 08947 HLH 19002 b
3660	3660
3661	3661
3662	3662	HB2395- 102 -LRB104 08947 HLH 19002 b HB2395 - 102 - LRB104 08947 HLH 19002 b
3663	3663	HB2395 - 102 - LRB104 08947 HLH 19002 b
3664	3664	1 (2) Special rule. For purposes of paragraph (1) of
3665	3665	2 this subsection, the taxable income properly reportable
3666	3666	3 for federal income tax purposes shall mean:
3667	3667	4 (A) Certain life insurance companies. In the case
3668	3668	5 of a life insurance company subject to the tax imposed
3669	3669	6 by Section 801 of the Internal Revenue Code, life
3670	3670	7 insurance company taxable income, plus the amount of
3671	3671	8 distribution from pre-1984 policyholder surplus
3672	3672	9 accounts as calculated under Section 815a of the
3673	3673	10 Internal Revenue Code;
3674	3674	11 (B) Certain other insurance companies. In the case
3675	3675	12 of mutual insurance companies subject to the tax
3676	3676	13 imposed by Section 831 of the Internal Revenue Code,
3677	3677	14 insurance company taxable income;
3678	3678	15 (C) Regulated investment companies. In the case of
3679	3679	16 a regulated investment company subject to the tax
3680	3680	17 imposed by Section 852 of the Internal Revenue Code,
3681	3681	18 investment company taxable income;
3682	3682	19 (D) Real estate investment trusts. In the case of
3683	3683	20 a real estate investment trust subject to the tax
3684	3684	21 imposed by Section 857 of the Internal Revenue Code,
3685	3685	22 real estate investment trust taxable income;
3686	3686	23 (E) Consolidated corporations. In the case of a
3687	3687	24 corporation which is a member of an affiliated group
3688	3688	25 of corporations filing a consolidated income tax
3689	3689	26 return for the taxable year for federal income tax
3690	3690
3691	3691
3692	3692
3693	3693
3694	3694
3695	3695	HB2395 - 102 - LRB104 08947 HLH 19002 b
3696	3696
3697	3697
3698	3698	HB2395- 103 -LRB104 08947 HLH 19002 b HB2395 - 103 - LRB104 08947 HLH 19002 b
3699	3699	HB2395 - 103 - LRB104 08947 HLH 19002 b
3700	3700	1 purposes, taxable income determined as if such
3701	3701	2 corporation had filed a separate return for federal
3702	3702	3 income tax purposes for the taxable year and each
3703	3703	4 preceding taxable year for which it was a member of an
3704	3704	5 affiliated group. For purposes of this subparagraph,
3705	3705	6 the taxpayer's separate taxable income shall be
3706	3706	7 determined as if the election provided by Section
3707	3707	8 243(b)(2) of the Internal Revenue Code had been in
3708	3708	9 effect for all such years;
3709	3709	10 (F) Cooperatives. In the case of a cooperative
3710	3710	11 corporation or association, the taxable income of such
3711	3711	12 organization determined in accordance with the
3712	3712	13 provisions of Section 1381 through 1388 of the
3713	3713	14 Internal Revenue Code, but without regard to the
3714	3714	15 prohibition against offsetting losses from patronage
3715	3715	16 activities against income from nonpatronage
3716	3716	17 activities; except that a cooperative corporation or
3717	3717	18 association may make an election to follow its federal
3718	3718	19 income tax treatment of patronage losses and
3719	3719	20 nonpatronage losses. In the event such election is
3720	3720	21 made, such losses shall be computed and carried over
3721	3721	22 in a manner consistent with subsection (a) of Section
3722	3722	23 207 of this Act and apportioned by the apportionment
3723	3723	24 factor reported by the cooperative on its Illinois
3724	3724	25 income tax return filed for the taxable year in which
3725	3725	26 the losses are incurred. The election shall be
3726	3726
3727	3727
3728	3728
3729	3729
3730	3730
3731	3731	HB2395 - 103 - LRB104 08947 HLH 19002 b
3732	3732
3733	3733
3734	3734	HB2395- 104 -LRB104 08947 HLH 19002 b HB2395 - 104 - LRB104 08947 HLH 19002 b
3735	3735	HB2395 - 104 - LRB104 08947 HLH 19002 b
3736	3736	1 effective for all taxable years with original returns
3737	3737	2 due on or after the date of the election. In addition,
3738	3738	3 the cooperative may file an amended return or returns,
3739	3739	4 as allowed under this Act, to provide that the
3740	3740	5 election shall be effective for losses incurred or
3741	3741	6 carried forward for taxable years occurring prior to
3742	3742	7 the date of the election. Once made, the election may
3743	3743	8 only be revoked upon approval of the Director. The
3744	3744	9 Department shall adopt rules setting forth
3745	3745	10 requirements for documenting the elections and any
3746	3746	11 resulting Illinois net loss and the standards to be
3747	3747	12 used by the Director in evaluating requests to revoke
3748	3748	13 elections. Public Act 96-932 is declaratory of
3749	3749	14 existing law;
3750	3750	15 (G) Subchapter S corporations. In the case of: (i)
3751	3751	16 a Subchapter S corporation for which there is in
3752	3752	17 effect an election for the taxable year under Section
3753	3753	18 1362 of the Internal Revenue Code, the taxable income
3754	3754	19 of such corporation determined in accordance with
3755	3755	20 Section 1363(b) of the Internal Revenue Code, except
3756	3756	21 that taxable income shall take into account those
3757	3757	22 items which are required by Section 1363(b)(1) of the
3758	3758	23 Internal Revenue Code to be separately stated; and
3759	3759	24 (ii) a Subchapter S corporation for which there is in
3760	3760	25 effect a federal election to opt out of the provisions
3761	3761	26 of the Subchapter S Revision Act of 1982 and have
3762	3762
3763	3763
3764	3764
3765	3765
3766	3766
3767	3767	HB2395 - 104 - LRB104 08947 HLH 19002 b
3768	3768
3769	3769
3770	3770	HB2395- 105 -LRB104 08947 HLH 19002 b HB2395 - 105 - LRB104 08947 HLH 19002 b
3771	3771	HB2395 - 105 - LRB104 08947 HLH 19002 b
3772	3772	1 applied instead the prior federal Subchapter S rules
3773	3773	2 as in effect on July 1, 1982, the taxable income of
3774	3774	3 such corporation determined in accordance with the
3775	3775	4 federal Subchapter S rules as in effect on July 1,
3776	3776	5 1982; and
3777	3777	6 (H) Partnerships. In the case of a partnership,
3778	3778	7 taxable income determined in accordance with Section
3779	3779	8 703 of the Internal Revenue Code, except that taxable
3780	3780	9 income shall take into account those items which are
3781	3781	10 required by Section 703(a)(1) to be separately stated
3782	3782	11 but which would be taken into account by an individual
3783	3783	12 in calculating his taxable income.
3784	3784	13 (3) Recapture of business expenses on disposition of
3785	3785	14 asset or business. Notwithstanding any other law to the
3786	3786	15 contrary, if in prior years income from an asset or
3787	3787	16 business has been classified as business income and in a
3788	3788	17 later year is demonstrated to be non-business income, then
3789	3789	18 all expenses, without limitation, deducted in such later
3790	3790	19 year and in the 2 immediately preceding taxable years
3791	3791	20 related to that asset or business that generated the
3792	3792	21 non-business income shall be added back and recaptured as
3793	3793	22 business income in the year of the disposition of the
3794	3794	23 asset or business. Such amount shall be apportioned to
3795	3795	24 Illinois using the greater of the apportionment fraction
3796	3796	25 computed for the business under Section 304 of this Act
3797	3797	26 for the taxable year or the average of the apportionment
3798	3798
3799	3799
3800	3800
3801	3801
3802	3802
3803	3803	HB2395 - 105 - LRB104 08947 HLH 19002 b
3804	3804
3805	3805
3806	3806	HB2395- 106 -LRB104 08947 HLH 19002 b HB2395 - 106 - LRB104 08947 HLH 19002 b
3807	3807	HB2395 - 106 - LRB104 08947 HLH 19002 b
3808	3808	1 fractions computed for the business under Section 304 of
3809	3809	2 this Act for the taxable year and for the 2 immediately
3810	3810	3 preceding taxable years.
3811	3811	4 (f) Valuation limitation amount.
3812	3812	5 (1) In general. The valuation limitation amount
3813	3813	6 referred to in subsections (a)(2)(G), (c)(2)(I) and
3814	3814	7 (d)(2)(E) is an amount equal to:
3815	3815	8 (A) The sum of the pre-August 1, 1969 appreciation
3816	3816	9 amounts (to the extent consisting of gain reportable
3817	3817	10 under the provisions of Section 1245 or 1250 of the
3818	3818	11 Internal Revenue Code) for all property in respect of
3819	3819	12 which such gain was reported for the taxable year;
3820	3820	13 plus
3821	3821	14 (B) The lesser of (i) the sum of the pre-August 1,
3822	3822	15 1969 appreciation amounts (to the extent consisting of
3823	3823	16 capital gain) for all property in respect of which
3824	3824	17 such gain was reported for federal income tax purposes
3825	3825	18 for the taxable year, or (ii) the net capital gain for
3826	3826	19 the taxable year, reduced in either case by any amount
3827	3827	20 of such gain included in the amount determined under
3828	3828	21 subsection (a)(2)(F) or (c)(2)(H).
3829	3829	22 (2) Pre-August 1, 1969 appreciation amount.
3830	3830	23 (A) If the fair market value of property referred
3831	3831	24 to in paragraph (1) was readily ascertainable on
3832	3832	25 August 1, 1969, the pre-August 1, 1969 appreciation
3833	3833
3834	3834
3835	3835
3836	3836
3837	3837
3838	3838	HB2395 - 106 - LRB104 08947 HLH 19002 b
3839	3839
3840	3840
3841	3841	HB2395- 107 -LRB104 08947 HLH 19002 b HB2395 - 107 - LRB104 08947 HLH 19002 b
3842	3842	HB2395 - 107 - LRB104 08947 HLH 19002 b
3843	3843	1 amount for such property is the lesser of (i) the
3844	3844	2 excess of such fair market value over the taxpayer's
3845	3845	3 basis (for determining gain) for such property on that
3846	3846	4 date (determined under the Internal Revenue Code as in
3847	3847	5 effect on that date), or (ii) the total gain realized
3848	3848	6 and reportable for federal income tax purposes in
3849	3849	7 respect of the sale, exchange or other disposition of
3850	3850	8 such property.
3851	3851	9 (B) If the fair market value of property referred
3852	3852	10 to in paragraph (1) was not readily ascertainable on
3853	3853	11 August 1, 1969, the pre-August 1, 1969 appreciation
3854	3854	12 amount for such property is that amount which bears
3855	3855	13 the same ratio to the total gain reported in respect of
3856	3856	14 the property for federal income tax purposes for the
3857	3857	15 taxable year, as the number of full calendar months in
3858	3858	16 that part of the taxpayer's holding period for the
3859	3859	17 property ending July 31, 1969 bears to the number of
3860	3860	18 full calendar months in the taxpayer's entire holding
3861	3861	19 period for the property.
3862	3862	20 (C) The Department shall prescribe such
3863	3863	21 regulations as may be necessary to carry out the
3864	3864	22 purposes of this paragraph.
3865	3865	23 (g) Double deductions. Unless specifically provided
3866	3866	24 otherwise, nothing in this Section shall permit the same item
3867	3867	25 to be deducted more than once.
3868	3868
3869	3869
3870	3870
3871	3871
3872	3872
3873	3873	HB2395 - 107 - LRB104 08947 HLH 19002 b
3874	3874
3875	3875
3876	3876	HB2395- 108 -LRB104 08947 HLH 19002 b HB2395 - 108 - LRB104 08947 HLH 19002 b
3877	3877	HB2395 - 108 - LRB104 08947 HLH 19002 b
3878	3878	1 (h) Legislative intention. Except as expressly provided by
3879	3879	2 this Section there shall be no modifications or limitations on
3880	3880	3 the amounts of income, gain, loss or deduction taken into
3881	3881	4 account in determining gross income, adjusted gross income or
3882	3882	5 taxable income for federal income tax purposes for the taxable
3883	3883	6 year, or in the amount of such items entering into the
3884	3884	7 computation of base income and net income under this Act for
3885	3885	8 such taxable year, whether in respect of property values as of
3886	3886	9 August 1, 1969 or otherwise.
3887	3887	10 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
3888	3888	11 102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff.
3889	3889	12 12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; 103-592,
3890	3890	13 Article 10, Section 10-900, eff. 6-7-24; 103-592, Article 170,
3891	3891	14 Section 170-90, eff. 6-7-24; 103-605, eff. 7-1-24; 103-647,
3892	3892	15 eff. 7-1-24; revised 8-20-24.)
3893	3893
3894	3894
3895	3895
3896	3896
3897	3897
3898	3898	HB2395 - 108 - LRB104 08947 HLH 19002 b