Bill Text: IL HB3013 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Illinois Income Tax Act. Creates an income tax credit in an amount equal to the foster care expenses, not to exceed $1,000 in any taxable year, paid or incurred by the taxpayer with respect to a qualified dependent child. Provides that the credit may be prorated. Provides that the credit is refundable if the taxpayer's federal adjusted gross income for the taxable year does not exceed $50,000. Effective immediately.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2026-08-17 - Added Co-Sponsor Rep. Scott Doody [HB3013 Detail]
Download: Illinois-2025-HB3013-Introduced.html
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| 1 | AN ACT concerning revenue.
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| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Income Tax Act is amended by | |||||||||||||||||||
| 5 | adding Section 246 as follows:
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| 6 | (35 ILCS 5/246 new) | |||||||||||||||||||
| 7 | Sec. 246. Foster care credit. | |||||||||||||||||||
| 8 | (a) For taxable years beginning on or after January 1, | |||||||||||||||||||
| 9 | 2025, there shall be allowed a credit against the tax imposed | |||||||||||||||||||
| 10 | by subsections (a) and (b) of Section 201 of this Act in an | |||||||||||||||||||
| 11 | amount equal to the foster care expenses paid or incurred, not | |||||||||||||||||||
| 12 | to exceed $1,000 in any taxable year, for each qualifying | |||||||||||||||||||
| 13 | dependent child legally cared for by the foster care parent in | |||||||||||||||||||
| 14 | Illinois. The tax credit under this Section may be claimed for | |||||||||||||||||||
| 15 | the taxable year in which the foster care parent becomes the | |||||||||||||||||||
| 16 | legal guardian of a foster child. The taxpayer must be under | |||||||||||||||||||
| 17 | contract with the Department of Children and Family Services | |||||||||||||||||||
| 18 | and providing care to the qualifying dependent child for at | |||||||||||||||||||
| 19 | least 6 months during the taxable year to receive the full | |||||||||||||||||||
| 20 | credit. If the taxpayer is under contract with the Department | |||||||||||||||||||
| 21 | of Children and Family Services and providing care to the | |||||||||||||||||||
| 22 | qualifying dependent child for less than 6 months during the | |||||||||||||||||||
| 23 | taxable year, then the taxpayer is entitled to a credit in an | |||||||||||||||||||
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| 1 | amount equal to: the lesser of (i) the foster care expenses | ||||||
| 2 | paid or incurred by the taxpayer or (ii) $1,000; multiplied by | ||||||
| 3 | a fraction the numerator of which is the number of days during | ||||||
| 4 | the taxable year during which the taxpayer is under contract | ||||||
| 5 | with the Department of Children and Family Services and | ||||||
| 6 | providing care to the qualifying dependent child and the | ||||||
| 7 | denominator of which is 365. | ||||||
| 8 | (b) In no event shall a credit under this Section reduce a | ||||||
| 9 | taxpayer's liability to less than zero. If the taxpayer's | ||||||
| 10 | federal adjusted gross income for the taxable year does not | ||||||
| 11 | exceed $50,000, then the excess credit amount shall be | ||||||
| 12 | refunded to the taxpayer. The amount of the refund shall not be | ||||||
| 13 | included in the taxpayer's income or resources for the | ||||||
| 14 | purposes of determining the taxpayer's eligibility or benefit | ||||||
| 15 | level for any means-tested benefit program administered by a | ||||||
| 16 | governmental entity unless required by federal law. If the | ||||||
| 17 | taxpayer has a federal adjusted gross income for the taxable | ||||||
| 18 | year that is $50,000 or more, then the excess credit amount | ||||||
| 19 | shall be carried forward and applied to the tax liability for | ||||||
| 20 | the 5 taxable years following the excess credit year. The tax | ||||||
| 21 | credit shall be applied to the earliest year for which there is | ||||||
| 22 | a tax liability. If there are credits for more than one year | ||||||
| 23 | that are available to offset liability, the earlier credit | ||||||
| 24 | shall be applied first. | ||||||
| 25 | (c) The Department of Children and Family Services, in | ||||||
| 26 | collaboration with the Department of Revenue, shall adopt any | ||||||
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| 1 | necessary rules to implement this Section. | ||||||
| 2 | (d) As used in this Section, "qualifying dependent child" | ||||||
| 3 | means a person who is an Illinois resident in the custody of | ||||||
| 4 | the Department of Children and Family Services who is the | ||||||
| 5 | foster child of the taxpayer seeking a credit under this | ||||||
| 6 | Section. | ||||||
| 7 | (e) This Section is exempt from the provisions of Section | ||||||
| 8 | 250.
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law. | ||||||
