reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart B - ENTERPRISE ZONE: APPLICATION FOR CERTIFICATION › Section 520.210 - Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
A municipality or county may qualify an area for designation
				  as an Enterprise Zone, subject to certification by the Department, in
				  accordance with the criteria set forth in Section 4 of the Act and the
				  following:
a) Contiguous Area. The
				area is contiguous, which means the area has a solid continuous boundary.
				Boundaries shall be clearly defined and follow natural or man-made entities
				such as rivers, highways, and boundaries of units of government. The zone area
				may exclude wholly surrounded territory within its boundaries.
b) Calculating Total Area. For purposes of
				calculating total area, the minimum is one-half square mile and the maximum is
				12 square miles, or 15 square miles if the zone is located within the
				jurisdiction of four or more counties or municipalities, excluding lakes or
				waterways. Where the Enterprise Zone is a joint effort of three or more units
				of government, or two or more units of government, if located in a township
				divided by a municipality of 1,000,000 or more inhabitants, and where the
				certification has been in effect at least one year, the minimum is one-half
				square mile and the maximum is 13 square miles, excluding lakes and waterways.
				Boundaries that are connecting strips shall be not less than three, nor more
				than 10, feet wide. Waterways shall not be used as connecting strips.
c) Coverage of Area. The areas must:
1) be entirely within a municipality;
				or
2) be entirely within the
				unincorporated areas of a county, except when reasonable need is established
				for the zone to cover parts of more than one municipality or county;
				or
3) comprise all or part of a
				municipality and an unincorporated area of a county.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart B - ENTERPRISE ZONE: APPLICATION FOR CERTIFICATION › Section 520.230 - Application Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application Deadline. Applications shall be submitted to the Department by
				December 31 for designation prior to September 30 of the following year. Any
				application received after December 31 of any calendar year shall be held by
				the Department for consideration and action during the following calendar year.
				[20 ILCS
				655/5.2(a) ]
b) All applications for Enterprise Zones that
				expire on or before December 31, 2016, including the extension provided for in
				Section
				520.315(b)(3),
				shall be submitted to the Department by December 31, 2014. At that time, the
				zone becomes available for either the previously designated area or a different
				area to compete for designation. No preference for designation as a zone will
				be given to the previously designated area. [20 ILCS
				655/5.3(f) ]
c) For Enterprise Zones that are scheduled to
				expire on or after January 1, 2017, an application process shall begin 2 years
				prior to the year in which the zone expires.At that time, the zone becomes
				available for either the previously designated area or a different area to
				compete for designation. No preference for designation as a zone will be given
				to the previously designated area. [20 ILCS
				655/5.3(f) ]
d) All applications filed by December 31 of
				the preceding calendar year and deemed qualified by the Department shall be
				approved or denied by the Board. If such application is not approved by
				September 30, the application shall be considered denied. If an application is
				denied, the Board shall inform the applicant of the specific reasons for the
				denial. [20 ILCS
				655/5.2.1(e)]
e) A majority of the Board will determine
				whether an application is approved or denied. The Board is not, at any time,
				required to designate an Enterprise Zone. [20 ILCS 655/5.2.1(f)]
f) In determining which designated areas
				shall be approved and certified as Enterprise Zones, the Board shall give
				preference to the extent to which the area meets the criteria set forth in
				Section
				520.210.
				[20 ILCS
				655/5.2.1(g)]
g) Each Enterprise Zone that reapplies for
				certification but does not receive a new certification shall expire on its
				scheduled termination date. [20 ILCS
				655/5.3(f) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart B - ENTERPRISE ZONE: APPLICATION FOR CERTIFICATION › Section 520.240 - Joint Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Joint
				Application. Under a joint application, two or more local governments are the
				applicants and share responsibility for operation of the Enterprise Zone. Other
				units of government may participate by offering or supplementing tax incentives
				and other benefits available in the Enterprise Zone. Submission of a joint
				application is required in those instances where the proposed Enterprise Zone
				covers portions of more than one county or municipality. b) Enabling Ordinance
				for Joint Applicants. A joint application must be supported by enabling
				ordinances passed by participating units of local government in accordance with
				Section 5(a) and (b) of the Act.
b)
				Enabling Ordinance for Joint Applicants. A joint application must be supported
				by enabling ordinances passed by participating units of local government in
				accordance with Section 5(a) and (b) of the Act.
c) Intergovernmental Agreement for Joint
				Applicants. An intergovernmental agreement signed and approved by all joint
				applicants shall be executed and submitted as a part of the joint application
				package. The intergovernmental agreement shall include:
1) Duration. The duration of the Enterprise
				Zone;
2) Description. A description
				of the Enterprise Zone;
3)
				Incentives. The provisions for the tax incentives, programs, and other benefits
				to be offered;
4) Zone
				Administrator. A provision for the position of Zone Administrator, and a
				description of the responsibilities of the position and the selection
				process;
5) Management Structure. A
				management structure for the operation of the Enterprise Zone; and
6) Designated Zone Organizations (DZO). The
				methods of selecting Designated Zone Organizations and coordinating their
				activities with each designating unit of government.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart C - ENTERPRISE ZONE: AMENDMENT AND DECERTIFICATION › Section 520.300 - Application to Amend an Ordinance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Amending an Ordinance. An application for amending an approved ordinance that
				creates an Enterprise Zone shall follow the conditions set forth in Section 5.4
				of the Act. An amendment to such an ordinance is not effective unless and until
				the Department approves the application and the amending ordinance, and files
				an amended certificate and the designating ordinance with the Secretary of
				State and local recorder of deeds as provided in Section 5.3 of the
				Act.
b) Standardized Application.
				The Department shall furnish upon request a standardized application form to a
				municipality or county that seeks to amend a certified designating
				ordinance.
c) Joint Submissions.
				Where there are two or more designating units of government, an application for
				amending the terms of an approved Enterprise Zone ordinance shall be a joint
				submission, certified by the chief elected official or a representative of each
				designating municipality or county.
d) Including Part of Another Municipality or
				County. An application for amending an approved ordinance to include a
				territory of another municipality or county shall be a joint submission,
				certified by the chief elected official or a representative of each designating
				municipality or county.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart C - ENTERPRISE ZONE: AMENDMENT AND DECERTIFICATION › Section 520.310 - Application to Change Boundaries

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Eligibility Criteria for Proposed Additions. The boundaries of an approved
				Enterprise Zone may be amended to add areas on forms provided by the
				Department. An area is eligible if it meets the qualifications described in
				Section 4 of the Act, and the application to amend the Enterprise Zone
				ordinance provides analyses and documentation that:
1) Required Tests. The area meets at least
				three of the tests described in Section
				520.210(d);
				or
2) Immediate Benefit. The
				proposed addition provides an immediate benefit to the established Enterprise
				Zone and its residents within two years or less by:
A) Full-Time Jobs. Creating or retaining
				permanent full-time jobs; or
B)
				Removing Impediments. Removing or correcting an impediment to economic
				development that exists in the established Enterprise Zone; or
C) Stimulating Revitalization. Stimulating
				neighborhood residential or commercial revitalization.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart C - ENTERPRISE ZONE: AMENDMENT AND DECERTIFICATION › Section 520.315 - Application to Change Incentives, Alter Termination Date, and Make Technical Corrections

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application to Expand, Limit, or Repeal Incentives
1) Changing Incentives. An applicant shall
				apply to the Department to expand, limit, or repeal the incentives provided in
				the ordinance on forms provided by the Department, and shall comply with the
				procedures described in Section 5.4 of the Act.
2) Continuation of Incentives. Sections
				5.4(e) and (f) of the Act provide that all incentives and benefits previously
				offered shall continue for the original term of the zone for three groups:
A) Receiving Benefits. Business enterprises
				that are receiving benefits or incentives in the zone on the effective date of
				the amending ordinance;
B) Proposed
				Expansions. Business enterprises or expansions that are proposed or under
				development on the effective date of the amending ordinance, if the business
				enterprise demonstrates that:
i) The proposed
				business enterprise or expansion has been committed to locating or expanding in
				the zone; and
ii) Substantial and
				binding financial obligations have been made in reasonable reliance on the
				benefits and programs that would have been available because of the Enterprise
				Zone;
C) Individuals in
				Homestead/Shopstead. Individuals participating in urban homestead or shopstead
				programs.
3) Local
				Government Duties. With respect to businesses that are already receiving
				Enterprise Zone benefits, the local government has the responsibility to
				attempt to inform eligible businesses through public notice or mailings, and to
				take administrative steps necessary to assure compliance.
4) Evidence of Financial Commitment. Evidence
				of commitment under subsection (a)(2)(B)(ii) shall include, but not be limited
				to: internal memoranda; purchase orders; construction plans and schematics;
				evidence of financial commitment from financial institutions and/or State,
				local, or federal governments; and written contracts. Proposed business
				locations or expansions shall also demonstrate reliance on Enterprise Zone
				benefits by applying for the incentives, provided that all other requirements
				are met.
5) Local Government
				Duties. With respect to homestead and shopstead programs, the local government
				shall inform affected parties and meet its obligations concerning transfer of
				title to the property and any other provisions that relate to the rights and
				privileges of the affected parties.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart C - ENTERPRISE ZONE: AMENDMENT AND DECERTIFICATION › Section 520.320 - Decertification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Decertification
				- Two Methods. In accordance with Section 5.4 of the Act, an Enterprise Zone
				may be decertified in two ways:
1) Joint
				Action. By joint action of the Department and the designating county or
				municipality in accordance with Section 5.4(c) of the Act; or
2) For Cause. For cause by the Department in
				accordance with Section 5.4(d) of the Act. Cause for decertification shall be
				defined as the designating unit of government's failure to implement the
				Enterprise Zone program, which can be evidenced by: the lack of an economic
				development strategy (no clearly defined objectives or course of action for
				improving zone performance); the failure to implement a business retention and
				expansion plan (little or no contact with zone businesses, or zone benefits not
				explained or publicized to businesses); the failure to comply with program
				monitoring as set forth in Section 520.410; and the failure to implement
				incentives uniformly throughout the Enterprise Zone as described in Section
				520.220(c).
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart D - ENTERPRISE ZONE: LOCAL RESPONSIBILITIES › Section 520.400 - Zone Administration

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				administration of an Enterprise Zone shall be under the jurisdiction of the
				designating municipality or county. Each designating municipality or county
				shall, by ordinance, designate a Zone Administrator for the certified zones
				within its jurisdiction. A Zone Administrator must be an officer or employee of
				the municipality or county. The Zone Administrator shall be the liaison between
				the designating municipality or county, the Department, and any Designated Zone
				Organizations within zones under his or her jurisdiction. Where there are two
				or more designating units of government for an Enterprise Zone, only one Zone
				Administrator is required for designation. The Zone Administrator must be an
				officer or employee of at least one of the designating units of government and
				must be selected in accordance with the intergovernmental agreement (see
				Section
				520.240(c)
				).
b) Each Zone Administrator
shall post a copy of the boundaries of the Enterprise Zone on its
				official Internet website and shall provide an electronic copy to the
				Department. The Department shall post each copy of the boundaries of an
				Enterprise Zone that it receives from a Zone Administrator on its official
				Internet website.
[20 ILCS
				655/8.2(a) ] Administrators are
				encouraged to submit geospatial data in the form of ESRI ARCGIS Shape
				files.
c)
The Zone
				Administrator shall collect and aggregate the following information:
1)
the estimated cost of each
				building project, broken down into labor and materials; and
2)
within 60 days after the end of
				the project, the estimated cost of each building project, broken down into
				labor and materials.
[20 ILCS
				655/8.2(b) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart D - ENTERPRISE ZONE: LOCAL RESPONSIBILITIES › Section 520.410 - Reporting and Monitoring by Zone Administrators

Current through Register Vol. 48, No. 28, July 12, 2024
a) Reporting. Zone administrators shall
				collect and report to the Department information required to meet the reporting
				requirement set forth in Section 6(A)(1) of the Act. The data shall be
				summarized on forms provided by the Department.
b) Monitoring. The Zone Administrator shall
				monitor the accomplishment of local Enterprise Zone objectives.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart D - ENTERPRISE ZONE: LOCAL RESPONSIBILITIES › Section 520.420 - Business Cessation Notification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notification of Business Cessation.
				Section 11.1 of the Act requires a business located within an Enterprise Zone
				that has received tax credits or exemptions, regulatory relief, or any other
				benefits under the Act to notify the Department and the officials of the county
				and municipality in which the business is located, within 60 days after the
				cessation, of the cessation of business operations. For purposes of this
				regulation, business cessation shall mean:
1)
				Business Closed. The business has closed and is not conducting business in any
				capacity within the boundaries of the Enterprise Zone;
2) Business Relocated. The business has
				relocated its operations in whole to another area outside the boundaries of the
				Enterprise Zone; or
3) Business
				Acquired. The acquisition or assumption of the existing business (which has
				been certified to receive either the Enterprise Zone Utility Tax Exemption or
				the Enterprise Zone Expanded Manufacturing Machinery and Equipment/Pollution
				Control Facilities Sales Tax Exemption) and/or assets by another
				entity.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart E - ENTERPRISE ZON DESIGNATED ZONE ORGANIZATIONS › Section 520.500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
A designating municipality or county may designate one or
				  more Designated Zone Organizations qualified under Section 3(d) of the Act to
				  perform within the area or zone for the benefit of the residents and businesses
				  in the zone. The Department shall furnish a standard application to an entity
				  or association seeking certification as a Designated Zone Organization (DZO).
				  No organization shall be considered a DZO unless and until the Department
				  verifies eligibility in accordance with Section 3(d) of the Act, and the
				  organization is authorized by local ordinance to function as a DZO. Once
				  certified, the DZO may provide services or perform functions in coordination
				  with the municipality or county that is listed in Section 8 of the
				  Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart E - ENTERPRISE ZON DESIGNATED ZONE ORGANIZATIONS › Section 520.510 - Project Eligibility and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
A business entity may receive a deduction against income
				  subject to State taxes for a contribution to a DZO if the project for which the
				  contribution is made has been specifically approved by the designating
				  municipality or county, and by the Department. Any DZO seeking to have a
				  project approved for contribution must submit an application to the Department
				  describing the nature and benefit of the project and its potential
				  contributors.
a) Standard
				Applications. The Department shall provide a standard application to any DZO
				seeking to qualify a project for contributions eligible for tax deductions in
				accordance with Section 11 of the Act. The applications shall be processed in
				accordance with Section 11(e) of the Act.
b) Project Approval Period. Applications
				shall be approved for a period of one project fiscal year. Continuation of
				project approval and eligibility for contributions in future years shall
				require a new application and current documentation including:
1) Project Balance Sheet. A project balance
				sheet showing assets and liabilities, in accordance with the most recent
				accounting standards of the Financial Standards Board of the American Institute
				of Certified Public Accountants as contained in the publication entitled AICPA
				Professional Standards, 1211 Avenue of the Americas, New York NY 10036-8775
				(June 2011, no later editions are incorporated);
2) Project Budget. A project budget;
				and
3) Accomplishment of Project
				Objectives. Project information regarding the extent to which objectives have
				been accomplished.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart E - ENTERPRISE ZON DESIGNATED ZONE ORGANIZATIONS › Section 520.520 - Charitable Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Amount of Contributions. The Department is authorized under Section 11(d) of
				the Act to specify the amount of contributions a DZO is eligible to receive for
				a project. The Department will deny amounts requested if:
1) Excessive/Inappropriate Items. The amount
				requested or the items sought are excessive or inappropriate to the project
				goals and objectives; or
2)
				Exceeding Contribution Limit. Approval of the project would, in total, with all
				other project amounts approved in any calendar year, exceed the contribution
				limitation set or established in Section 11(g) of the Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart F - HIGH IMPACT BUSINESSES IN ILLINOIS › Section 520.610 - Eligible Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
Any business located in Illinois, excluding businesses
				  located in Illinois Enterprise Zones, may apply to the Department for
				  designation as a High Impact Business pursuant to the provisions of Section 5.5
				  of the Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart F - HIGH IMPACT BUSINESSES IN ILLINOIS › Section 520.650 - Revocation of the High Impact Business Designation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Failure to Need the Designation. The
				Department shall revoke a High Impact Business designation in the event that it
				demonstrates that the business would have placed in service in qualified
				property the minimum eligible investment and created or retained the requisite
				number of jobs without the benefits of the High Impact Business designation.
				Proof of this shall include, but is not limited to, correspondence, financial
				plans and prospectuses, internal memoranda, and other written documentation
				demonstrating that the business would have made the eligible investment without
				the designation.
b) Failure to
				Comply with Certification. The Department shall revoke a High Impact Business
				designation if the business fails to comply with the terms and conditions of
				the certification.
c) Failure to
				Provide True Information on the Application. The Department shall revoke a High
				Impact Business designation if it is determined upon investigation that the
				business falsified application information in violation of Section
				520.630(f).
d) Notification of Revocation. The Department
				shall notify a High Impact Business in writing that it is subject to
				revocation. The notice shall include the reason for revocation and the date and
				location of a hearing to be held pursuant to 56 Ill. Adm. Code 2605
				(Administrative Hearing Rules).
e)
				Recovery of Wrongfully Exempted State Taxes. Following revocation, the
				Department will contact the Director of the Illinois Department of Revenue and
				request he begin proceedings to recover wrongfully exempted State taxes with
				interest under the provisions of Sections 4 and 5 of the Retailers' Occupation
				Tax Act.
f) Ineligibility for State
				Funded Programs. Any business whose High Impact Business designation is revoked
				shall be ineligible for all State funded Department programs for 10
				years.
g) The penalties for new
				wind power facilities or Wind Energy Businesses for failure to comply with any
				of the terms or conditions of the Illinois Prevailing Wage Act shall be only
				those penalties identified in the Illinois Prevailing Wage Act, and the
				Department shall not revoke a High Impact Business designation as a result of
				the failure to comply with any of the terms or conditions of the Illinois
				Prevailing Wage Act in relation to a new wind power facility or a Wind Energy
				Business (a business generating electricity from wind kinetic energy devices
				with a nameplate capacity of at least 0.5 megawatts). [20 ILCS
				655/5.5(g) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart G - TAX INCENTIVES FOR ENTERPRISE ZONES AND HIGH IMPACT BUSINESSES › Section 520.700 - List of Available Tax Incentives

Current through Register Vol. 48, No. 28, July 12, 2024
a) Several tax incentives are available to
				businesses in Enterprise Zones and those designated as a High Impact Business.
				The following four are available to both Enterprise Zones and High Impact
				Businesses:
1) Investment Tax Credit found in
				the Illinois Income Tax Act [35
				ILCS 5/201(f) and (h) ];
2) Utility Tax Exemption found in the Public
				Utilities Act [220 ILCS 5/9-222.1 and
				9-222.1A];
3) Machinery and
				Equipment/Pollution Control Facilities Sales Tax Exemption found in the
				Retailers' Occupation Tax Act [35 ILCS
				120/1d - 1f]; and
4) Building Material Sales Tax Exemption
				found in the Retailers' Occupation Tax Act [35 ILCS
				120/5k and 5 l].
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart H - INVESTMENT TAX CREDIT › Section 520.800 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Investment Tax Credit found in the Illinois Income Tax
				  Act [35 ILCS 5/201(f) and
				  (h) ] provides for a 0.5 % credit against the
				  State income tax for investments made in qualified property that are placed in
				  service in an Enterprise Zone [35 ILCS
				  5/201(f) ] or by a High Impact
				  Business [35 ILCS
				  5/201(h) ]. The credit shall be 0.5%
				  of the basis for such property. The specific terms and conditions governing
				  this tax credit are found in the Illinois Department of Revenue's regulations
				  (86 Ill. Adm. Code
				  100.2110
				  and 86 Ill. Adm. Code
				  100.2130
				  ).
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart I - UTILITY TAX EXEMPTION › Section 520.910 - Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Enterprise Zones
1) Minimum Eligible
				Investment. Eligibility for the tax exemption is contingent on the business
				making a minimum eligible investment of $5 million in an Enterprise Zone, which
				causes the creation of a minimum of 200 full-time equivalent jobs in Illinois;
				or a minimum eligible investment of $20 million in an Enterprise Zone, which
				causes the retention of a minimum of 1,000 full-time jobs in
				Illinois.
2) More Than One
				Facility. Businesses owning and operating more than one facility located in
				Illinois Enterprise Zones shall qualify for this exemption by combining their
				investments and jobs created or retained if the business can demonstrate that
				the manufacturing processes at each location are interrelated. The Department
				considers the manufacturing processes to be interrelated if the facilities act
				as one functional unit in the manufacture of the final product. Proof of such
				interrelationship shall include, but is not limited to, internal memoranda,
				flow charts, narrative descriptions, organization charts, annual reports, or
				any other written documentation that demonstrates that the manufacturing
				processes are interrelated. The majority of jobs shall be located in one or
				more Illinois Enterprise Zones.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart I - UTILITY TAX EXEMPTION › Section 520.920 - Form of Application

Current through Register Vol. 48, No. 28, July 12, 2024
An application shall be submitted on the standard application
				  form provided by the Department. An application shall include:
a) Investment Information. A summary of the
				eligible investment, and a statement of when the eligible investment in
				qualified property was or will be placed in service.
b) Job Information
1) Job Creation. Information on new
				employment that will occur in the Enterprise Zone as a result of the
				investment, which includes, by job titles, the number of current and new
				employees, the starting date of new employees, and an explanation of how and
				why the investment causes additional employment, both inside and outside of the
				Enterprise Zone; or
2) Job
				Retention. Information on the full-time jobs that have been retained in an
				Enterprise Zone as a result of the investment, which includes, by job titles,
				the number of employees in and outside of the Enterprise Zone.
3) Employment Requirement for Job Creation.
				Applicants utilizing the job creation criterion for eligibility for the
				exemption must actually employ 200 full-time equivalent employees prior to
				certification for this exemption.
4) Submit Applications Prior to Job Creation.
				Applicants are encouraged to submit applications to the Department prior to the
				actual creation of 200 full-time equivalent jobs. The Department will
				conditionally approve the application subject to the requirements of Section
				520.910
				being met.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart I - UTILITY TAX EXEMPTION › Section 520.930 - Application Approval Process

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application Approval Requirements. Applications shall be submitted to the
				Department, which shall approve or deny the application in writing within 90
				days after receipt. The application shall be approved if it meets the
				requirements of Sections
				520.910 and
				520.920,
				utilizing one of the two following options:
1) Investments Placed in Service. The
				applicant has substantiated, in accordance with Section
				520.920(a),
				that the eligible investment in qualified property has been placed in service;
				or
2) Spending Plan and Financial
				Commitments. The applicant has not placed in service in qualified property the
				eligible investment. However, a spending plan and financial commitments for the
				proposed eligible investment have been submitted. The spending plan must
				include a detailed "project by project" description, as well as the estimated
				eligible investment for each specific project. The spending plan must further
				include the date when the eligible investment in each project will be placed in
				service. The applicant's financial commitments must include the sources of
				financing for the project. Should the applicant choose to follow this option,
				it must sign a written agreement with the Department obligating the business to
				place in service the eligible investment in qualified property within 12 months
				after certification pursuant to this Section. Should the business fail to place
				in service the eligible investment in qualified property within 12 months after
				certification pursuant to this Section, the business shall be decertified for
				the tax exemption and required to repay the exempted taxes. Should the business
				place in service the eligible investment subsequent to this decertification,
				the business may reapply to the Department for recertification. However, this
				reapplication must utilize the procedures set forth in subsection (a)(1), and
				contain the same information as required pursuant to Section 520.920.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart J - MACHINERY AND EQUIPMENT/POLLUTION CONTROL FACILITIES SALES TAX EXEMPTION › Section 520.1010 - Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Enterprise Zone
1) Minimum Eligible
				Investment. Eligibility for the tax exemption is contingent on the business
				making:
A) a minimum eligible investment of
				$5 million in an Enterprise Zone that causes the creation of a minimum of 200
				full-time equivalent jobs in Illinois, or
B) a minimum eligible investment of $40
				million in an Enterprise Zone that causes the retention of a minimum of 2,000
				full-time jobs in Illinois; or
C) a
				minimum eligible investment of $40 million that causes the retention of at
				least 90% of the jobs in place on the date on which the exemption is granted
				for the duration of the exemption.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart J - MACHINERY AND EQUIPMENT/POLLUTION CONTROL FACILITIES SALES TAX EXEMPTION › Section 520.1020 - Form of Application

Current through Register Vol. 48, No. 28, July 12, 2024
An application shall be submitted on the standard application
				  form provided by the Department. An application shall include:
a) Investment Information. A summary of the
				eligible investment and a statement of when the eligible investment in
				qualified property was or will be placed in service.
b) Job Information
1) Job Creation. Information on new
				employment that will occur in the Enterprise Zone as a result of the
				investment, which includes, by job titles, the number of current and new
				employees, the starting date of new employees, and an explanation of how and
				why the investment causes additional employment, both inside and outside of the
				Enterprise Zone.
2) Job Retention.
				Information on the full-time jobs that have been retained in an Enterprise Zone
				as a result of the investment, which includes, by job titles, the number of
				employees in and outside of the Enterprise Zone.
3) Employment Requirements for Job Creation.
				Applicants utilizing the job creation criterion for eligibility for the
				exemption must actually employ 200 full-time equivalent employees prior to
				certification for this exemption.
4) Submit Applications Prior to Job Creation.
				Applicants are encouraged to submit applications to the Department prior to the
				actual creation of 200 full-time equivalent jobs. The Department will
				conditionally approve the application subject to the requirements of Section
				520.1010
				being met.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart J - MACHINERY AND EQUIPMENT/POLLUTION CONTROL FACILITIES SALES TAX EXEMPTION › Section 520.1030 - Application Approval Process

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application Approval Requirements. Applications shall be submitted to the
				Department, which shall approve or deny the application in writing within 90
				days after receipt. The application shall be approved if it meets the
				requirements of Sections
				520.1010 and
				520.1020.
b) Application Denial Requirements. When the
				Department denies an application, it shall specify in writing the reasons for
				denial and allow the applicant 45 days from the date of application denial to
				amend and resubmit the application. Resubmitted applications shall be approved
				or denied in writing within 45 days after receipt.
c) Certificates of Exemption. Applicants
				determined eligible by the Department, in accordance with Section 520.1010,
				will be issued a Certificate of Exemption. A copy of the Certificate of
				Exemption will be filed by the Department with the Illinois Department of
				Revenue in accordance with Section 1f of the Retailers' Occupation Tax
				Act.
d) Exemption Includes. Subject
				to Section 520.1010, and in accordance with Section 1d of the Retailers'
				Occupation Tax Act, this exemption includes:
1) Tangible Personal Property. All tangible
				personal property used or consumed in the process of manufacturing or
				assembling tangible personal property for wholesale or retail sale or lease, or
				in the process of graphic arts production;
2) Repair and Replacement Parts. Repair and
				replacement parts for machinery and equipment used in the manufacturing or
				assembling of tangible personal property, or in the process of graphic arts
				production for wholesale or retail sale or lease; and
3) Equipment Manufacturing, Etc. Equipment,
				manufacturing or graphic arts fuels, material, and supplies for the
				maintenance, repair, or operation of such manufacturing or assembling or
				graphic arts machinery or equipment.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart K - BUILDING MATERIAL SALES TAX EXEMPTION › Section 520.1100 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Building Material Sales Tax Exemption found in the
				  Retailers' Occupation Tax Act [35 ILCS 120/5k and 5 l] allows each retailer in
				  Illinois who makes a sale of building materials to be incorporated into real
				  estate in an Enterprise Zone (see
				  35 ILCS
				  120/5k ) or a High Impact Business (see
				  35 ILCS
				  120/5l ) to deduct the receipts from such sales when
				  calculating the tax imposed by the Retailers' Occupation Tax Act. The specific
				  terms and conditions governing this tax exemption are found in the Illinois
				  Department of Revenue's regulations (86 Ill. Adm. Code
				  130.1951
				  and 86 Ill. Adm. Code
				  130.1952
				  ).
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart L - JOBS TAX CREDIT › Section 520.1210 - Available Tax Credits

Current through Register Vol. 48, No. 28, July 12, 2024
The total aggregate amount of credits awarded under the Blue
				  Collar Jobs Act shall not exceed $20,000,000 in any State fiscal year.
a) Enterprise Zone
A business entity in a certified Enterprise Zone deemed an
				  eligible applicant may qualify to receive a tax credit against the tax imposed
				  under Section 201(a) and (b) of the Illinois Income Tax Act (IITA) in an amount
				  equal to 50% of the amount of the incremental income tax attributable to
				  Enterprise Zone construction jobs credit employees employed while completing an
				  Enterprise Zone construction jobs project. However, the Enterprise Zone
				  construction jobs credit may equal 75% of the amount of the incremental income
				  tax attributable to Enterprise Zone construction jobs credit employees if the
				  Enterprise Zone construction jobs credit project is in an underserved area. The
				  credit may not reduce the taxpayer's liability to less than zero. If the amount
				  of the credit exceeds the taxpayer's liability, the excess may be carried
				  forward and applied against the taxpayer's liability in succeeding calendar
				  years. [35
				  ILCS 5/201(f)(8) ] The Department
				  will inform the Department of Revenue of eligible taxpayers and amount to be
				  awarded. If the entity receives a credit, a certified payroll shall be
				  maintained.
b) High Impact
				Business
A High Impact Business may receive a tax credit against the
				  tax imposed under IITA Section 201(a) and (b) in an amount equal to 50% of the
				  amount of the incremental income tax attributable to High Impact Business
				  construction jobs credit employees employed while completing a High Impact
				  Business construction jobs project. However, the High Impact Business
				  construction jobs credit may equal 75% of the amount of the incremental income
				  tax attributable to High Impact Business construction jobs credit employees if
				  the High Impact Business construction jobs credit project is in an underserved
				  area. The credit may not reduce the taxpayer's liability to less than zero. If
				  the amount of the credit exceeds the taxpayer's liability, the excess may be
				  carried forward and applied against the taxpayer's liability in succeeding
				  calendar years. [35
				  ILCS 5/201 (h-5)]. The Department will inform the
				  Department of Revenue of eligible taxpayers and amount to be awarded. If the
				  entity receives a credit, a certified payroll shall be
				  maintained.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart L - JOBS TAX CREDIT › Section 520.1220 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Enterprise Zones
A business entity in a certified Enterprise Zone shall be
				  eligible for a jobs tax credit providing the entity has made a minimum eligible
				  capital investment of $10,000,000 in an Enterprise Zone construction jobs
				  project. The Enterprise Zone construction jobs credit project must be
				  undertaken by the business entity in the course of completing a project that
				  complies with the criteria contained in Section 4 of the Illinois Enterprise
				  Zone Act and is undertaken in a certified Enterprise Zone.
b) High Impact Business
A business entity that has been certified as a High Impact
				  Business and is engaged and executing a High Impact Business construction jobs
				  project is eligible to receive a High Impact Business jobs credit for employees
				  employed in the completion of that construction project.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart L - JOBS TAX CREDIT › Section 520.1230 - Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) To
				qualify for a High Impact Business construction jobs credit or an Enterprise
				Zone construction jobs credit under the Act, an applicant must adhere to the
				requirements established by the Department. The Department will provide
				interested applicants with information upon request. Submittal of a tax credit
				claimant application does not commit the Department to award a tax credit or to
				pay any costs incurred by the applicant in the preparation of an application.
				Applications are valid only for the calendar year quarter in which they are
				submitted to the Department.
b) An
				application shall be submitted to the Department on a standard application form
				provided by the Department. An application shall, at a minimum, request the
				following:
1) The name, address, email, and
				telephone number of applicants; key contact and title; applicant Social
				Security Number or Federal Employer Identification Number (FEIN);
2) The total amount of investment the
				claimant has made in the Enterprise Zone construction jobs project if the
				applicant is applying for an Enterprise Zone construction jobs
				credit;
3) The nature and the
				benefit of the project to the certified Enterprise Zone and its potential
				contributors, if the applicant is applying for an Enterprise Zone construction
				jobs credit;
4) A copy of approval
				from the designating municipality or county for the Enterprise Zone
				construction jobs credit project, if the applicant is applying for an
				Enterprise Zone construction jobs credit;
5) Identification of whether the project is
				located in an underserved area; and
6) Any other information the Department
				determines necessary to facilitate the Department's evaluation.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart L - JOBS TAX CREDIT › Section 520.1240 - Application Review and Approval Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall accept applications
				for High Impact Business construction jobs credits and Enterprise Zone
				construction jobs credits. Applications will be reviewed in the order received
				by the Department. Application tracking procedures shall be determined and
				established at the discretion of the Department.
b) For businesses seeking an Enterprise Zone
				construction jobs credit, the Department, within 45 days after receiving an
				application, will give notice to the applicant as to whether the application
				has been approved. If the Department disapproves the application, it will
				specify the reasons for this decision and allow 60 days for the applicant to
				amend and resubmit its application. The Department will provide assistance,
				upon request, to applicants. Resubmitted applications shall receive the
				Department's approval or disapproval within 30 days after the application is
				resubmitted. Those resubmitted applications satisfying initial Department
				objectives shall be approved unless reasonable circumstances warrant
				disapproval. The objectives of the Department shall include selecting
				applicants that meet the statutory requirements of eligibility and the
				procedural requirements of an application made available by the Department. The
				Department will disapprove an application if the applicant is ineligible, if
				the application is incomplete, or if the Department has reached the maximum
				amount of credits it can award for the State fiscal year.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart L - JOBS TAX CREDIT › Section 520.1250 - Applicant Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each applicant who qualifies for a High
				Impact Business construction jobs credit or an Enterprise Zone construction
				jobs credit shall agree to require each contractor and subcontractor who is
				engaged in and executing either a High Impact Business construction jobs
				project or an Enterprise Zone construction jobs project, for a business that is
				entitled to a credit, to:
1)
Make and
				keep, for a period of 5 years from the date of the last payment made on or
				after June 5, 2019,
[20
				ILCS 655/5.5(j)(1) ]
on a
				contract or subcontract for a High Impact Business construction jobs project or
				an Enterprise Zone construction jobs project, records for all laborers and
				other workers employed by the contractor or subcontractor on the project. The
				records shall include the worker's:
A)
Name;
B)
Address;
C)
Telephone number, if
				available;
D)
Social Security Number;
E)
Classification or
				classifications;
F)
Gross and net wages paid in each pay period;
G)
Number of hours worked each
				day;
H)
Starting
				and ending times of work each day;
I)
Hourly wage rate;
				and
J)
Hourly
				overtime wage rate; and
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart L - JOBS TAX CREDIT › Section 520.1260 - Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				records submitted
in support of a certified payroll
shall be
				considered public records and be made available in compliance with the Freedom
				of Information Act,
excluding
an employee's address, telephone
				number, and Social Security Number. A contractor, subcontractor, or public body
				may retain, in paper or electronic format, records required under
this
				Section. [20
				ILCS 655/5.5(j) and 13(d) ]
b) Upon written or electronic notice, each
				contractor or subcontractor, within 7 business days, shall make
all
				documents required by
Section 520.1250(a)(1)
available for
				inspection and copying at a location within the State, during its regular
				business hours,
to the following entities:
1)
The taxpayer in charge of the High
				Impact Business construction jobs project and its officers and
				agents;
2)
The
				Director of the Department of Labor
or the Director's designee;
				and
3)
Federal, State, or
				local law enforcement agencies and prosecutors
. [20
				ILCS 655/5.5(j) and 13(d) ]