Bill Text: IL HB4943 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Income Tax Act. Creates a credit in an amount equal to the qualified adoption expenses paid or incurred by a taxpayer who, during the taxable year, legally adopts a child who was in the custody of the Department of Children and Family Services. Provides that the credit may not exceed $2,500 for each such child. Creates an income tax checkoff for the Helping Illinois Youth in Care Income Tax Checkoff Fund. Amends the State Finance Act to create the Fund. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4943 Detail]

Download: Illinois-2017-HB4943-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4943 Introduced , by Rep. Nick Sauer SYNOPSIS AS INTRODUCED:
35 ILCS 5/227 new
35 ILCS 5/507III new
30 ILCS 105/5.886 new
Amends the Illinois Income Tax Act. Creates a credit in an amount equal to the qualified adoption expenses paid or incurred by a taxpayer who, during the taxable year, legally adopts a child who was in the custody of the Department of Children and Family Services. Provides that the credit may not exceed $2,500 for each such child. Creates an income tax checkoff for the Helping Illinois Youth in Care Income Tax Checkoff Fund. Amends the State Finance Act to create the Fund. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Income Tax Act is amended by adding
Sections 227 and 507III as follows:
(35 ILCS 5/227 new)
Sec. 227. Adoption credit.
(a) For taxable years beginning on or after January 1,
2018, each taxpayer who legally adopts a qualifying dependent
child during the taxable year is entitled to a credit in an
amount equal to the qualified adoption expenses paid or
incurred by the taxpayer. The amount of the credit may not
exceed $2,500 for each such child. The credit under this
Section may be claimed for the taxable year in which the
adoption becomes final.
(b) In no event shall a credit under this Section reduce
the taxpayer's liability to less than zero. If the amount of
the credit exceeds the tax liability for the year, the excess
may be carried forward and applied to the tax liability of the
5 taxable years following the excess credit year. The tax
credit shall be applied to the earliest year for which there is
a tax liability. If there are credits for more than one year
that are available to offset a liability, the earlier credit

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shall be applied first.
(c) The Department of Children and Family Services, in
collaboration with the Department of Revenue, shall adopt any
rules necessary to implement the provisions of this Section.
(d) As used in this Section:
"Qualified adoption expenses" has the meaning given to that
term in Section 23 of the Internal Revenue Code.
"Qualifying dependent child" means an adopted child who:
(1) is an Illinois resident; (2) is no more than 18 years of
age at the time of the adoption; and (3) was in the custody of
the Department of Children and Family Services immediately
prior to being legally adopted by the taxpayer.
(e) This Section is exempt from the provisions of Section
250.
(35 ILCS 5/507III new)
Sec. 507III. Helping Illinois Youth in Care checkoff.
(a) For taxable years ending on or after December 31, 2018,
the Department must print on its standard individual income tax
form a provision (i) indicating that if the taxpayer wishes to
contribute to the Helping Illinois Youth in Care Income Tax
Checkoff Fund, as authorized by this amendatory Act of the
100th General Assembly, he or she may do so by stating the
amount of the contribution (not less than $1) on the return and
(ii) stating that the contribution will reduce the taxpayer's
refund or increase the amount of payment to accompany the

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return. Failure to remit any amount of increased payment shall
reduce the contribution accordingly. This Section does not
apply to any amended return.
(b) The Helping Illinois Youth in Care Income Tax Checkoff
Fund is created as a special fund in the State treasury. Moneys
in the Fund shall be used by the Department of Children and
Family Services for the purpose of making grants and providing
financial support to foster care programs in the State that are
administered by the Department of Children and Family Services.
The Department of Children and Family Services may allocate a
portion of the moneys in the Fund to the Children's Benefit
Fund, a charitable trust administered by the Department of
Children and Family Services.
Section 10. The State Finance Act is amended by adding
Section 5.886 as follows:
(30 ILCS 105/5.886 new)
Sec. 5.886. The Helping Illinois Youth in Care Income Tax
Checkoff Fund.
Section 99. Effective date. This Act takes effect upon
becoming law.