Bill Text: IL SB2088 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Income Tax Act. Provides that aggregate amount of angel investment tax credits that may be claimed for qualified new business ventures is increased to $25,000,000 (from $10,000,000) per calendar year, of which $2,500,000 is reserved for investments in minority owned businesses, female owned businesses, or businesses owned by a person with a disability, and $2,500,000 is reserved for investments made in businesses headquartered in counties with a population of not more than 250,000. Defines "minority owned business", "female owned business", and "business owned by a person with a disability". Extends the angel investment tax credit to December 31, 2021 (now December 31, 2016). Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB2088 Detail]
Download: Illinois-2017-SB2088-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Income Tax Act is amended by | |||||||||||||||||||
5 | changing Section 220 as follows:
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6 | (35 ILCS 5/220) | |||||||||||||||||||
7 | Sec. 220. Angel investment credit. | |||||||||||||||||||
8 | (a) As used in this Section: | |||||||||||||||||||
9 | "Applicant" means a corporation, partnership, limited | |||||||||||||||||||
10 | liability company, or a natural person that makes an investment | |||||||||||||||||||
11 | in a qualified new business venture. The term "applicant" does | |||||||||||||||||||
12 | not include a corporation, partnership, limited liability | |||||||||||||||||||
13 | company, or a natural person who has a direct or indirect | |||||||||||||||||||
14 | ownership interest of at least 51% in the profits, capital, or | |||||||||||||||||||
15 | value of the investment or a related member. | |||||||||||||||||||
16 | "Claimant" means an applicant certified by the Department | |||||||||||||||||||
17 | who files a claim for a credit under this Section. | |||||||||||||||||||
18 | "Department" means the Department of Commerce and Economic | |||||||||||||||||||
19 | Opportunity. | |||||||||||||||||||
20 | "Qualified new business venture" means a business that is | |||||||||||||||||||
21 | registered with the Department under this Section. | |||||||||||||||||||
22 | "Related member" means a person that, with respect to the
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23 | investment, is any one of the following: |
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1 | (1) An individual, if the individual and the members of | ||||||
2 | the individual's family (as defined in Section 318 of the | ||||||
3 | Internal Revenue Code) own directly, indirectly,
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4 | beneficially, or constructively, in the aggregate, at | ||||||
5 | least 50% of the value of the outstanding profits, capital, | ||||||
6 | stock, or other ownership interest in the applicant. | ||||||
7 | (2) A partnership, estate, or trust and any partner or | ||||||
8 | beneficiary, if the partnership, estate, or trust and its | ||||||
9 | partners or beneficiaries own directly, indirectly, | ||||||
10 | beneficially, or constructively, in the aggregate, at | ||||||
11 | least 50% of the profits, capital, stock, or other | ||||||
12 | ownership interest in the applicant. | ||||||
13 | (3) A corporation, and any party related to the | ||||||
14 | corporation in a manner that would require an attribution | ||||||
15 | of stock from the corporation under the attribution rules
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16 | of Section 318 of the Internal Revenue Code, if the | ||||||
17 | applicant and any other related member own, in the | ||||||
18 | aggregate, directly, indirectly, beneficially, or | ||||||
19 | constructively, at least 50% of the value of the | ||||||
20 | corporation's outstanding stock. | ||||||
21 | (4) A corporation and any party related to that | ||||||
22 | corporation in a manner that would require an attribution | ||||||
23 | of stock from the corporation to the party or from the
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24 | party to the corporation under the attribution rules of | ||||||
25 | Section 318 of the Internal Revenue Code, if the | ||||||
26 | corporation and all such related parties own, in the |
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1 | aggregate, at least 50% of the profits, capital, stock, or | ||||||
2 | other ownership interest in the applicant. | ||||||
3 | (5) A person to or from whom there is attribution of | ||||||
4 | stock ownership in accordance with Section 1563(e) of the | ||||||
5 | Internal Revenue Code, except that for purposes of | ||||||
6 | determining whether a person is a related member under this | ||||||
7 | paragraph, "20%" shall be substituted for "5%" whenever | ||||||
8 | "5%" appears in Section 1563(e) of the Internal Revenue | ||||||
9 | Code. | ||||||
10 | (b) For taxable years beginning after December 31, 2010, | ||||||
11 | and ending on or before December 31, 2021 2016, subject to the | ||||||
12 | limitations provided in this Section, a claimant may claim, as | ||||||
13 | a credit against the tax imposed under subsections (a) and (b) | ||||||
14 | of Section 201 of this Act, an amount equal to 25% of the | ||||||
15 | claimant's investment made directly in a qualified new business | ||||||
16 | venture. In order for an investment in a qualified new business | ||||||
17 | venture to be eligible for tax credits, the business must have | ||||||
18 | applied for and received certification under subsection (e) for | ||||||
19 | the taxable year in which the investment was made prior to the | ||||||
20 | date on which the investment was made. The credit under this | ||||||
21 | Section may not exceed the taxpayer's Illinois income tax | ||||||
22 | liability for the taxable year. If the amount of the credit | ||||||
23 | exceeds the tax liability for the year, the excess may be | ||||||
24 | carried forward and applied to the tax liability of the 5 | ||||||
25 | taxable years following the excess credit year. The credit | ||||||
26 | shall be applied to the earliest year for which there is a tax |
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1 | liability. If there are credits from more than one tax year | ||||||
2 | that are available to offset a liability, the earlier credit | ||||||
3 | shall be applied first. In the case of a partnership or | ||||||
4 | Subchapter S Corporation, the credit is allowed to the partners | ||||||
5 | or shareholders in accordance with the determination of income | ||||||
6 | and distributive share of income under Sections 702 and 704 and | ||||||
7 | Subchapter S of the Internal Revenue Code. | ||||||
8 | (c) The maximum amount of an applicant's investment that | ||||||
9 | may be used as the basis for a credit under this Section is | ||||||
10 | $2,000,000 for each investment made directly in a qualified new | ||||||
11 | business venture. | ||||||
12 | (d) The Department shall implement a program to certify an | ||||||
13 | applicant for an angel investment credit. Upon satisfactory | ||||||
14 | review, the Department shall issue a tax credit certificate | ||||||
15 | stating the amount of the tax credit to which the applicant is | ||||||
16 | entitled. The Department shall annually certify that the | ||||||
17 | claimant's investment has been made and remains in the | ||||||
18 | qualified new business venture for no less than 3 years. | ||||||
19 | If an investment for which a claimant is allowed a credit | ||||||
20 | under subsection (b) is held by the claimant for less than 3 | ||||||
21 | years, or, if within that period of time the qualified new | ||||||
22 | business venture is moved from the State of Illinois, the | ||||||
23 | claimant shall pay to the Department of Revenue, in the manner | ||||||
24 | prescribed by the Department of Revenue, the amount of the | ||||||
25 | credit that the claimant received related to the investment. | ||||||
26 | (e) The Department shall implement a program to register |
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1 | qualified new business ventures for purposes of this Section. A | ||||||
2 | business desiring registration shall submit an application to | ||||||
3 | the Department in each taxable year for which the business | ||||||
4 | desires registration. The Department may register the business | ||||||
5 | only if the business satisfies all of the following conditions: | ||||||
6 | (1) it has its headquarters in this State; | ||||||
7 | (2) at least 51% of the employees employed by the | ||||||
8 | business are employed in this State; | ||||||
9 | (3) it has the potential for increasing jobs in this | ||||||
10 | State, increasing capital investment in this State, or | ||||||
11 | both, and either of the following apply: | ||||||
12 | (A) it is principally engaged in innovation in any | ||||||
13 | of the following: manufacturing; biotechnology; | ||||||
14 | nanotechnology; communications; agricultural sciences; | ||||||
15 | clean energy creation or storage technology; | ||||||
16 | processing or assembling products, including medical | ||||||
17 | devices, pharmaceuticals, computer software, computer | ||||||
18 | hardware, semiconductors, other innovative technology | ||||||
19 | products, or other products that are produced using | ||||||
20 | manufacturing methods that are enabled by applying | ||||||
21 | proprietary technology; or providing services that are | ||||||
22 | enabled by applying proprietary technology; or | ||||||
23 | (B) it is undertaking pre-commercialization | ||||||
24 | activity related to proprietary technology that | ||||||
25 | includes conducting research, developing a new product | ||||||
26 | or business process, or developing a service that is |
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1 | principally reliant on applying proprietary | ||||||
2 | technology; | ||||||
3 | (4) it is not principally engaged in real estate | ||||||
4 | development, insurance, banking, lending, lobbying, | ||||||
5 | political consulting, professional services provided by | ||||||
6 | attorneys, accountants, business consultants, physicians, | ||||||
7 | or health care consultants, wholesale or retail trade, | ||||||
8 | leisure, hospitality, transportation, or construction, | ||||||
9 | except construction of power production plants that derive | ||||||
10 | energy from a renewable energy resource, as defined in | ||||||
11 | Section 1 of the Illinois Power Agency Act; | ||||||
12 | (5) at the time it is first certified: | ||||||
13 | (A) it has fewer than 100 employees; | ||||||
14 | (B) it has been in operation in Illinois for not | ||||||
15 | more than 10 consecutive years prior to the year of | ||||||
16 | certification; and | ||||||
17 | (C) it has received not more than $10,000,000 in | ||||||
18 | aggregate private equity investment in cash; | ||||||
19 | (6) (blank); and | ||||||
20 | (7) it has received not more than $4,000,000 in | ||||||
21 | investments that qualified for tax credits under this | ||||||
22 | Section. | ||||||
23 | (f) The Department, in consultation with the Department of | ||||||
24 | Revenue, shall adopt rules to administer this Section. The | ||||||
25 | aggregate amount of the tax credits that may be claimed under | ||||||
26 | this Section for investments made in qualified new business |
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1 | ventures shall be limited at $25,000,000 $10,000,000 per | ||||||
2 | calendar year , of which $2,500,000 is reserved for investments | ||||||
3 | made in minority owned businesses, female owned businesses, or | ||||||
4 | businesses owned by a person with a disability, and an | ||||||
5 | additional $2,500,000 is reserved for investments made in | ||||||
6 | businesses headquartered in counties with a population of not | ||||||
7 | more than 250,000. As used in this subsection (f), "minority | ||||||
8 | owned business", "female owned business", and "business owned | ||||||
9 | by a person with a disability" having the meanings provided in | ||||||
10 | the Business Enterprise for Minorities, Females, and Persons | ||||||
11 | with Disabilities Act | ||||||
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12 | (g) A claimant may not sell or otherwise transfer a credit | ||||||
13 | awarded under this Section to another person. | ||||||
14 | (h) On or before March 1 of each year, the Department shall | ||||||
15 | report to the Governor and to the General Assembly on the tax | ||||||
16 | credit certificates awarded under this Section for the prior | ||||||
17 | calendar year. | ||||||
18 | (1) This report must include, for each tax credit | ||||||
19 | certificate awarded: | ||||||
20 | (A) the name of the claimant and the amount of | ||||||
21 | credit awarded or allocated to that claimant; | ||||||
22 | (B) the name and address of the qualified new | ||||||
23 | business venture that received the investment giving | ||||||
24 | rise to the credit and the county in which the | ||||||
25 | qualified new business venture is located; and | ||||||
26 | (C) the date of approval by the Department of the |
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1 | applications for the tax credit certificate. | ||||||
2 | (2) The report must also include: | ||||||
3 | (A) the total number of applicants and amount for | ||||||
4 | tax credit certificates awarded under this Section in | ||||||
5 | the prior calendar year; | ||||||
6 | (B) the total number of applications and amount for | ||||||
7 | which tax credit certificates were issued in the prior | ||||||
8 | calendar year; and | ||||||
9 | (C) the total tax credit certificates and amount | ||||||
10 | authorized under this Section for all calendar years.
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11 | (Source: P.A. 96-939, eff. 1-1-11; 97-507, eff. 8-23-11; | ||||||
12 | 97-1097, eff. 8-24-12.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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