Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2277 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2277 Introduced 2/7/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: 35 ILCS 5/21035 ILCS 5/210.5 Amends the Illinois Income Tax Act. Provides that, for taxable years ending on or after December 31, 2025, the credit for employee child care shall be in an amount equal to: (1) 50% of the start-up costs expended by the corporate taxpayer to provide a child care facility for the children of its employees; and (2) 20% of the annual amount paid by the corporate taxpayer to (i) provide an on-site child care facility for the children of its employees, (ii) provide child care offsite for the children of its employees, or (iii) a combination of (i) and (ii) (currently, 30% of the start-up costs and 5% of the annual amount paid by the taxpayer in providing the child care facility). Provides that the taxpayer may coordinate with an independent child care facility to provide care for the children of employees. Effective immediately. LRB104 11117 HLH 21199 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2277 Introduced 2/7/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: 35 ILCS 5/21035 ILCS 5/210.5 35 ILCS 5/210 35 ILCS 5/210.5 Amends the Illinois Income Tax Act. Provides that, for taxable years ending on or after December 31, 2025, the credit for employee child care shall be in an amount equal to: (1) 50% of the start-up costs expended by the corporate taxpayer to provide a child care facility for the children of its employees; and (2) 20% of the annual amount paid by the corporate taxpayer to (i) provide an on-site child care facility for the children of its employees, (ii) provide child care offsite for the children of its employees, or (iii) a combination of (i) and (ii) (currently, 30% of the start-up costs and 5% of the annual amount paid by the taxpayer in providing the child care facility). Provides that the taxpayer may coordinate with an independent child care facility to provide care for the children of employees. Effective immediately. LRB104 11117 HLH 21199 b LRB104 11117 HLH 21199 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2277 Introduced 2/7/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
33 35 ILCS 5/21035 ILCS 5/210.5 35 ILCS 5/210 35 ILCS 5/210.5
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66 Amends the Illinois Income Tax Act. Provides that, for taxable years ending on or after December 31, 2025, the credit for employee child care shall be in an amount equal to: (1) 50% of the start-up costs expended by the corporate taxpayer to provide a child care facility for the children of its employees; and (2) 20% of the annual amount paid by the corporate taxpayer to (i) provide an on-site child care facility for the children of its employees, (ii) provide child care offsite for the children of its employees, or (iii) a combination of (i) and (ii) (currently, 30% of the start-up costs and 5% of the annual amount paid by the taxpayer in providing the child care facility). Provides that the taxpayer may coordinate with an independent child care facility to provide care for the children of employees. Effective immediately.
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1212 1 AN ACT concerning revenue.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Income Tax Act is amended by
1616 5 changing Sections 210 and 210.5 as follows:
1717 6 (35 ILCS 5/210)
1818 7 Sec. 210. Dependent care assistance program tax credit.
1919 8 (a) Beginning with tax years ending on or after June 30,
2020 9 1995, each taxpayer who is primarily engaged in manufacturing
2121 10 is entitled to a credit against the tax imposed by subsections
2222 11 (a) and (b) of Section 201 in an amount equal to 5% of the
2323 12 amount of expenditures by the taxpayer in the tax year for
2424 13 which the credit is claimed, reported pursuant to Section
2525 14 129(d)(7) of the Internal Revenue Code, to provide in the
2626 15 Illinois premises of the taxpayer's workplace an on-site
2727 16 facility dependent care assistance program under Section 129
2828 17 of the Internal Revenue Code.
2929 18 (b) If the amount of credit exceeds the tax liability for
3030 19 the year, the excess may be carried forward and applied to the
3131 20 tax liability of the 2 taxable years following the excess
3232 21 credit year. The credit shall be applied to the earliest year
3333 22 for which there is a tax liability. If there are credits from
3434 23 more than one tax year that are available to offset a
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2277 Introduced 2/7/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
3939 35 ILCS 5/21035 ILCS 5/210.5 35 ILCS 5/210 35 ILCS 5/210.5
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4141 35 ILCS 5/210.5
4242 Amends the Illinois Income Tax Act. Provides that, for taxable years ending on or after December 31, 2025, the credit for employee child care shall be in an amount equal to: (1) 50% of the start-up costs expended by the corporate taxpayer to provide a child care facility for the children of its employees; and (2) 20% of the annual amount paid by the corporate taxpayer to (i) provide an on-site child care facility for the children of its employees, (ii) provide child care offsite for the children of its employees, or (iii) a combination of (i) and (ii) (currently, 30% of the start-up costs and 5% of the annual amount paid by the taxpayer in providing the child care facility). Provides that the taxpayer may coordinate with an independent child care facility to provide care for the children of employees. Effective immediately.
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7171 1 liability, the earlier credit shall be applied first.
7272 2 (c) A taxpayer claiming the credit provided by this
7373 3 Section shall maintain and record such information as the
7474 4 Department may require by regulation regarding the dependent
7575 5 care assistance program for which credit is claimed. When
7676 6 claiming the credit provided by this Section, the taxpayer
7777 7 shall provide such information regarding the taxpayer's
7878 8 provision of a dependent care assistance program under Section
7979 9 129 of the Internal Revenue Code.
8080 10 (d) If a taxpayer claims a credit under this Section for a
8181 11 taxable year, then the taxpayer may not also claim a credit
8282 12 under Section 210.5 for the same taxable year.
8383 13 (Source: P.A. 88-505.)
8484 14 (35 ILCS 5/210.5)
8585 15 Sec. 210.5. Tax credit for employee child care.
8686 16 (a) Each corporate taxpayer is entitled to a credit
8787 17 against the tax imposed by subsections (a) and (b) of Section
8888 18 201 as provided in this Section. For taxable years ending on or
8989 19 after December 31, 2000 and on or before December 31, 2004, the
9090 20 amount of the credit shall be equal to: (1) 30% of the start-up
9191 21 costs expended by the corporate taxpayer to provide a child
9292 22 care facility for the children of its employees; and (2) 5% of
9393 23 the annual amount paid by the corporate taxpayer in providing
9494 24 the child care facility for the children of its employees. For
9595 25 taxable years ending after December 31, 2004 and prior to
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106106 1 December 31, 2007, the amount of the credit shall be equal to
107107 2 5% of the annual amount paid by the corporate taxpayer in
108108 3 providing the child care facility for the children of its
109109 4 employees. For taxable years ending on or after December 31,
110110 5 2007 and before December 31, 2025, the amount of the credit
111111 6 shall be equal to: (1) 30% of the start-up costs expended by
112112 7 the corporate taxpayer to provide a child care facility for
113113 8 the children of its employees; and (2) 5% of the annual amount
114114 9 paid by the corporate taxpayer in providing the child care
115115 10 facility for the children of its employees. For taxable years
116116 11 ending on or after December 31, 2025, the amount of the credit
117117 12 shall be equal to: (1) 50% of the start-up costs expended by
118118 13 the corporate taxpayer to provide a child care facility for
119119 14 the children of its employees; and (2) 20% of the annual amount
120120 15 paid by the corporate taxpayer to (i) provide an on-site child
121121 16 care facility for the children of its employees, (ii) provide
122122 17 child care offsite for the children of its employees, or (iii)
123123 18 a combination of (i) and (ii). This amendatory Act of the 104th
124124 19 General Assembly is not intended to make any substantive
125125 20 changes with respect to taxable years ending prior to December
126126 21 31, 2025. in an amount equal to (i) for taxable years ending on
127127 22 or after December 31, 2000 and on or before December 31, 2004
128128 23 and for taxable years ending on or after December 31, 2007, 30%
129129 24 of the start-up costs expended by the corporate taxpayer to
130130 25 provide a child care facility for the children of its
131131 26 employees and (ii) for taxable years ending on or after
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142142 1 December 31, 2000, 5% of the annual amount paid by the
143143 2 corporate taxpayer in providing the child care facility for
144144 3 the children of its employees. The provisions of Section 250
145145 4 do not apply to the credits allowed under this Section. If the
146146 5 5% credit authorized under item (ii) of this Section
147147 6 subsection is claimed, the 5% credit authorized under Section
148148 7 210 cannot also be claimed.
149149 8 To receive the tax credit under this Section a corporate
150150 9 taxpayer may do one or more of the following: it may either
151151 10 independently provide and operate a child care facility for
152152 11 the children of its employees; or it may join in a partnership
153153 12 with one or more other corporations to jointly provide and
154154 13 operate a child care facility for the children of employees of
155155 14 the corporations in the partnership; or it may coordinate with
156156 15 an independent child care facility to provide care for the
157157 16 children of employees.
158158 17 (b) The tax credit may not reduce the taxpayer's liability
159159 18 to less than zero. If the amount of the tax credit exceeds the
160160 19 tax liability for the year, the excess may be carried forward
161161 20 and applied to the tax liability of the 5 taxable years
162162 21 following the excess credit year. The credit must be applied
163163 22 to the earliest year for which there is a tax liability. If
164164 23 there are credits from more than one tax year that are
165165 24 available to offset a liability, then the earlier credit must
166166 25 be applied first.
167167 26 (c) As used in this Section, "start-up costs" means
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178178 1 planning, site-preparation, construction, renovation, or
179179 2 acquisition of a child care facility. As used in this Section,
180180 3 "child care facility" is limited to a child care facility
181181 4 located in Illinois.
182182 5 (d) A corporate taxpayer claiming the credit provided by
183183 6 this Section shall maintain and record such information as the
184184 7 Department may require by rule regarding the child care
185185 8 facility for which the credit is claimed.
186186 9 (Source: P.A. 95-648, eff. 10-11-07.)
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