reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart L - JOBS TAX CREDIT › Section 520.1270 - Non-Applicant Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) For an Enterprise Zone construction jobs
				project, the designated zone organization shall annually submit to the
				Department a statement on the program and financial status of any approved
				project. The designated zone organization shall also submit to the Department
				an audited financial statement regarding the project.
b) The Department shall annually report and
				certify to the Department of Revenue:
1) The
				identity of taxpayers that are eligible for a High Impact Business construction
				jobs credit or an Enterprise Zone construction jobs credit; and
2) The amount of High Impact Business
				construction jobs credits and Enterprise Zone construction credits that are
				claimed pursuant to IITA Section 201.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart L - JOBS TAX CREDIT › Section 520.1280 - Noncompliance

Current through Register Vol. 48, No. 28, July 12, 2024
The following are violations of the Act and Class A
				  misdemeanors:
a)
Any
				contractor or subcontractor subject to this
Subpart,
and any
				officer, employee, or agent of
the
contractor or
				subcontractor, whose duty is to file a certified payroll under
Section
				520.1250(a)(2) and
who willfully fails to file
that
certified payroll on or before the
15th day of the calendar
				month; and
b)
Any person
				who willfully files a certified payroll that is false as to any material
				fact.
[20
				ILCS 655/5.5(j) and 13(d) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart M - DIVIDEND INCOME DEDUCTION › Section 520.1300 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Dividend Income Deduction found in the Illinois Income
				  Tax Act [35 ILCS 5/203(a)(2)(K),
				  (b)(2)(L), (c)(2)(O), and (d)(2)(M)] provides
				  that taxpayers may deduct from their taxable income an amount equal to those
				  dividends that were paid to them by a High Impact Business located in a
				  federally designated Foreign Trade Zone or Sub-Zone (see
				  35 ILCS
				  5/203(b)(2)(L) ). The specific terms
				  and conditions governing this tax deduction are found in the Illinois
				  Department of Revenue's regulations (86 Ill. Adm. Code
				  100.2480
				  ).
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart N - INTEREST INCOME DEDUCTION FOR FINANCIAL INSTITUTIONS › Section 520.1400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Interest Income Deduction for Financial Institutions
				  found in the Illinois Income Tax Act (see
				  35 ILCS
				  5/203(b)(2) (M-1)) allows any
				  taxpayer that is a financial organization within the meaning of Section 304(c)
				  of the Illinois Income Tax Act to deduct from their Illinois corporate income
				  tax return an amount equal to the interest received from a High Impact Business
				  located in a federally designated Foreign Trade Zone or Sub-Zone (see
				  35 ILCS
				  5/203(b)(2) (M-1)). The specific
				  terms and conditions governing this tax deduction are found in the Illinois
				  Department of Revenue's regulations (86 Ill. Adm. Code
				  100.2110
				  ).
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart O - TELECOMMUNICATIONS EXCISE TAX EXEMPTION ON ORIGINATING CALLS › Section 520.1500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Telecommunications Excise Tax Exemption on Originating
				  Calls found in the Telecommunications Excise Tax Act [35 ILCS
				  630/2(a)(5) ] allows a business
				  enterprise a State tax exemption on the Illinois Commerce Commission's 0.1 %
				  administrative charge and excise taxes on the act or privilege of originating
				  or receiving telecommunications as long as the business is located in an
				  Enterprise Zone or is a High Impact Business located in a federally designated
				  Foreign Trade Zone or Sub-Zone. The Machinery and Equipment/Pollution Control
				  Facilities Sales Tax Exemption found in the Retailers' Occupation Tax Act [35
				  ILCS 120/1d-1f ] allows a business enterprise that is certified by the
				  Department a State sales tax exemption on all tangible personal property which
				  is used or consumed within an Enterprise Zone in the process of manufacturing
				  or assembly of tangible personal property for wholesale or retail sale or
				  lease. This exemption includes repair and replacement parts for machinery and
				  equipment used primarily in the wholesale or retail sale or lease, and
				  equipment, manufacturing fuels, material and supplies for the maintenance,
				  repair or operation of manufacturing or assembling machinery or equipment. The
				  specific terms and conditions governing this tax deduction are found in the
				  Illinois Department of Revenue's regulations (86 Ill. Adm. Code
				  510.131
				  and 86 Ill. Adm. Code
				  130.1951
				  ).
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart P - HIGH IMPACT SERVICE FACILITY MACHINERY AND EQUIPMENT SALES TAX EXEMPTION › Section 520.1610 - Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
The business enterprise must provide a written description of
				  a spending plan and financial commitments for the proposed eligible investment
				  that will demonstrate to the Department that the minimum eligible investment
				  will be placed in service and the required number of jobs will be created
				  within eight years following the date of certification. Such information must
				  include a detailed "project by project" description, as well as the estimated
				  eligible investment for each specific project that obligates the business
				  enterprise to place in service the minimum eligible investment and create the
				  required number of jobs.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart P - HIGH IMPACT SERVICE FACILITY MACHINERY AND EQUIPMENT SALES TAX EXEMPTION › Section 520.1640 - Use Tax Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 12 of the Use Tax Act [35
				  ILCS 105/12 ], each facility certified under this
				  Subpart P is also eligible for the use tax exemption described in the Use Tax
				  Act.
a) Certificate for purchase of
				machinery and equipment. The certificate of eligibility for the exemption of a
				High Impact Service Facility under Section 1j of the Retailers' Occupation Tax
				Act (ROTA) [35
				ILCS 120/1j ] shall be presented to its supplier when
				making the initial purchase of machinery and equipment to be used in operation
				of the High Impact Service Facility project.
b) Certification for purchase of jet fuel and
				petroleum products. The certificate of eligibility for the exemption of a High
				Impact Service Facility under Section 1j of ROTA shall be presented to its
				supplier when making the initial purchase of jet fuel and petroleum products to
				be used in the conduct of its business of sorting, handling and redistribution
				of mail, freight, cargo or other parcels in the operation of a High Impact
				Service Facility project.
c)
				Exceptions. Pursuant to Section 1j of ROTA, High Impact Service Facilities
				qualifying under the Retailers' Occupation Tax Act and seeking the exemption
				under Section 1j shall be ineligible for the exemptions of taxes imposed under
				Section 9-222.1 of the Public Utilities Act [220 ILCS
				5/9-222.1]. High Impact Service Facilities qualifying
				under the Act and seeking the exemption under Section 9-222.1 of the Public
				Utilities Act shall be ineligible for the exemptions as described in Section 1j
				of ROTA.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart P - HIGH IMPACT SERVICE FACILITY MACHINERY AND EQUIPMENT SALES TAX EXEMPTION › Section 520.1650 - Revocation of the High Impact Service Facility Designation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If it is later determined after a
				reasonable notice and an opportunity for a hearing as provided under the
				Illinois Administrative Procedure Act [5 ILCS 100 ] that a business would have
				placed in service in qualified property the minimum eligible investment and
				created the requisite number of jobs without the benefits of High Impact
				Service Facility designation, the Department shall contact the Director of the
				Department of Revenue who shall begin proceedings to recover wrongfully
				exempted State taxes with interest as allowed by law. The business shall also
				be ineligible for all State funded Department programs for a period of 10
				years. Proof that the business would have made the investment without the
				benefit of the designation shall include, but is not limited to,
				correspondence, financial plans and prospectuses, internal memoranda and other
				written documentation demonstrating the business would have made the eligible
				investment without the designation.
b) The Department shall revoke a High Impact
				Service Facility designation if the business fails to make the minimum eligible
				qualified investment and create the requisite number of jobs as stipulated in
				the terms and conditions of the certification. The Department shall immediately
				notify the Director of the Department of Revenue and request he begin
				proceedings to recover wrongfully exempted taxes with interest as allowed by
				law under the provisions of 35 ILCS 120/4 and 5.
c) The Department shall revoke a High Impact
				Service Facility designation if it is determined upon investigation that the
				business falsified application information in violation of Section
				520.1620(d).
d) The Department shall notify a business
				designated as a high impact service facility in writing that it is subject to
				revocation in accordance with Section
				520.1640(c).
				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) Following revocation in
				accordance with Section
				520.1640(c),
				the Department will contact the Director of the Department of Revenue who shall
				begin proceedings to recover wrongfully exempted State taxes with interest as
				allowed by law.
f) Any business
				enterprise project whose High Impact Service Facility designation is revoked
				shall be ineligible for all State funded Department programs for 10
				years.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart Q - AIRCRAFT SUPPORT CENTER SALES TAX EXEMPTION › Section 520.1710 - Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
The business enterprise must provide a written description of
				  a spending plan and financial commitments for the proposed eligible investment
				  that will demonstrate to the Department that the minimum eligible investment
				  will be placed in service and the required number of jobs will be created
				  within three years following the date of certification. Such information must
				  include a detailed "project by project" description, as well as the estimated
				  eligible investment for each specific project that obligates the business
				  enterprise to place in service the minimum eligible investment and create the
				  required number of jobs.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart Q - AIRCRAFT SUPPORT CENTER SALES TAX EXEMPTION › Section 520.1720 - 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 description of
				the eligible investment with documentation to substantiate that the planned
				investment is eligible (e.g., balance sheets, construction schedules,
				schematics and specifications, or lists and cost of equipment purchased); and a
				spending plan and financial commitments demonstrating that the business
				enterprise will place the investment in service within three years after
				certification;
b) Job Information -
				information on new employment that will result at the aircraft support center,
				as a result of the investment, that includes by job titles the number of
				employees and an explanation of how and why the investment causes creation of
				full-time employees or full-time equivalent employees.
c) Certification - a signed and dated
				statement verifying that the data and information in the application are true
				and correct, that the Department shall be provided access to any material,
				documentation or other data required to verify application information, and a
				statement that the number of jobs created shall be maintained for the term of
				the exemption.
d) Legally Binding
				Agreement - a dated statement executed by the Chief Executive Officer of the
				business enterprise obligating the business enterprise to create 750 or more
				full-time equivalent jobs and place in service a minimum of $30,000,000 in
				qualified property at an airport support center located at a joint use military
				and civilian airport at a federal Air Force Base within three years. The
				agreement shall state that, should the business fail to place in service the
				eligible investments in qualified property within three years following
				certification, the business shall be decertified for the tax exemption and
				required to repay the exempted taxes, plus any penalties and interest as
				determined by the Department of Revenue. The agreement shall also state that,
				the business shall submit quarterly progress reports describing the progress
				made toward the creation of 750 or more full-time equivalent jobs and the
				investment of $30,000,000 in qualified property at the aircraft support center,
				and that failure to do so shall result in termination of the
				exemption.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart Q - AIRCRAFT SUPPORT CENTER SALES TAX EXEMPTION › Section 520.1740 - Revocation of an Aircraft Support Center Designation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the business fails to meet any of the
				conditions of the agreement, including, but not limited to, failure to make the
				minimum eligible qualified investment and create or retain the requisite number
				of jobs, the business may be decertified for the tax exemption and required to
				repay the exempted taxes. The Department will contact the Director of the
				Illinois Department of Revenue and request he begin proceedings to recover
				wrongfully exempted taxes with interest as allowed by law.
b) The Department shall revoke an aircraft
				support center designation if it is determined upon investigation that the
				business falsified application information in violation of Section
				520.1720(d).
c) The Department shall notify a business
				designated as an aircraft support center in writing that it is subject to
				revocation in accordance with subsection (c). 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).
d) Following revocation in accordance with
				subsection (c), the Department will contact the Director of the Illinois
				Department of Revenue and request he begin proceedings to recover wrongfully
				exempted taxes with interest as allowed by law.
e) Any business whose aircraft support center
				designation is revoked shall be ineligible for all State funded Department
				programs for ten years.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart R - AIRCRAFT MAINTENANCE FACILITY SALES TAX EXEMPTION › Section 520.1810 - Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
The business enterprise must provide a written description of
				  a spending plan and financial commitments for the proposed eligible investment
				  that will demonstrate to the Department that the minimum eligible investment
				  will be placed in service and the required number of jobs will be created
				  within three years following the date of certification. This information must
				  include a detailed "project by project" description, as well as the estimated
				  eligible investment for each specific project that obligates the business
				  enterprise to place in service the minimum eligible investment and create the
				  required number of jobs.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart R - AIRCRAFT MAINTENANCE FACILITY SALES TAX EXEMPTION › Section 520.1820 - 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 description of
				the eligible investment with documentation to substantiate that the planned
				investment is eligible (e.g., balance sheets, construction schedules,
				schematics and specifications, or lists and cost of equipment purchased); and a
				spending plan and financial commitments demonstrating that the business
				enterprise will place the investment in service within three years after
				certification;
b) Job Information -
				information on new employment that will result at the aircraft maintenance
				facility, as a result of the investment, that includes by job titles the number
				of employees and an explanation of how and why the investment causes creation
				of full-time employees or full-time equivalent employees.
c) Certification - a signed and dated
				statement verifying that the data and information in the application are true
				and correct, that the Department shall be provided access to any material,
				documentation or other data required to verify application information, and a
				statement that the number of jobs created shall be maintained for the term of
				the exemption.
d) Legally Binding
				Agreement - a dated statement executed by the Chief Executive Officer of the
				business enterprise obligating the business enterprise to create 5000 or more
				full-time equivalent jobs and place in service, within three years, a minimum
				of $400,000,000 in qualified property at an aircraft maintenance facility. The
				agreement shall state that, should the business fail to place in service the
				eligible investments in qualified property within three years following
				certification, the business shall be decertified for the tax exemption and
				required to repay the exempted taxes, plus any penalties and interest
				determined by the Department of Revenue. The agreement shall also state that
				the business shall submit quarterly progress reports describing the progress
				made toward the creation of 5000 or more full-time equivalent jobs and the
				investment of $400,000,000 in qualified property at the aircraft maintenance
				facility, and that failure to do so shall result in termination of the
				exemption.
Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart R - AIRCRAFT MAINTENANCE FACILITY SALES TAX EXEMPTION › Section 520.1840 - Revocation of an Aircraft Maintenance Facility Designation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the business fails to meet any of the
				conditions of the legally binding agreement, including, but not limited to,
				failure to make the minimum eligible qualified investment and create or retain
				the requisite number of jobs, the business may be decertified for the tax
				exemption and required to repay the exempted taxes. The Department will contact
				the Director of the Illinois Department of Revenue and request that DOR begin
				proceedings to recover wrongfully exempted taxes, with interest as allowed by
				law.
b) The Department shall revoke
				an aircraft maintenance facility designation if it is determined upon
				investigation that the business falsified application information in violation
				of Section 520.1820(d).
c) The
				Department shall notify a business designated as an aircraft maintenance
				facility in writing that it is subject to revocation in accordance with
				subsection (b). 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).
d)
				Following revocation in accordance with subsection (b), the Department will
				contact the Director of the Illinois Department of Revenue and request that DOR
				begin proceedings to recover wrongfully exempted taxes, with interest as
				allowed by law.
e) Any business
				whose aircraft maintenance facility designation is revoked shall be ineligible
				for all State funded Department programs for 10 years.
Illinois Administrative Code › Title 14 - COMMERCE › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall issue certificates of exemption
				from the Retailers' Occupation Tax Act
[35 ILCS 120
				]
, the Use Tax Act
[35 ILCS 105
				]
, the Service Use Tax Act
[35 ILCS 110
				]
, and the Service Occupation Tax Act
[35 ILCS
				115 ]
, all locally-imposed retailers'
				occupation taxes administered and collected by the Department
of
				Revenue
, the Chicago non-titled Use Tax, and a credit certification
				against the taxes imposed under Section 201(a) and (b) of the Illinois Income
				Tax Act
[35 ILCS 5 ]
to
				qualifying Illinois data centers
. [20 ILCS
				605/605-1025(a) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.30 - Eligible Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
Any data center owner or operator of a data center located or
				to be located in the State of Illinois may apply to the Department for
				certification of the data center if the subject data center satisfies the
				definition of "qualifying Illinois data center" set forth in Section
				605-1025(c) of the Statute.
Illinois Administrative Code › Title 14 - COMMERCE › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.40 - Eligibility Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 taxpayer that owns or operates a data center in the State of Illinois, or a
			 data center to be constructed and is planned to be located in the State of
			 Illinois, may be an "applicant".
b)
			 A taxpayer may not execute more than one MOU with respect to a single address
			 or location for the same period of time. This provision does not preclude the
			 applicant from entering into an additional MOU after the expiration of an
			 earlier MOU to the extent the taxpayer's application otherwise satisfies the
			 terms and conditions of the Statute and is approved by the
			 Department.
c) In order to qualify
			 for the tax exemptions under Section 605-1025(a) of the Statute, an applicant's
			 project must meet the definition of a qualifying Illinois data center as
			 defined in Section 521.20.
d) In order to qualify for the tax credits
			 under Section 605-1025(a) of the Statute, an applicant's project must be
			 approved as a qualifying Illinois data center and the new data center must be
			 located in an underserved area as defined in Section 521.20.
Illinois Administrative Code › Title 14 - COMMERCE › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.60 - Application Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to
			 substantive evaluation of an application, the Department will screen all
			 applications to determine that all requirements of the application package have
			 been addressed. Applicants will be notified of deficiencies in applications and
			 given an opportunity to correct those deficiencies through submission of
			 additional documentation.
b) The
			 Department will evaluate applications in accordance with the policies and
			 procedures adopted by the Department or its Director. In evaluating
			 applications, the Department will determine that all of the following
			 conditions exist:
1) the applicant's project
			 intends to make capital investments of at least $250,000,000 in the State and
			 hire at least 20 new employees involved in the operations or maintenance of the
			 data center;
2) the applicant's
			 project is or will:
A) be
carbon
			 neutral; or
B)
attain certification under one or more of the green building
			 standards
required of a qualified Illinois data center as defined in
			 see Section 521.20; and
3) the applicant's contractor has entered
			 into a project labor agreement approved by the Department or attests by
			 affidavit that a project labor agreement will be fully signed within 90 days of
			 the effective date of the MOU; provided, however, that an existing data center
			 for which construction was completed prior to June 28, 2019, the applicant
			 shall provide evidence, as required by the Department, in the form of
			 affidavits and other supporting documentation from the contractor and the
			 applicant demonstrating compliance with the standard provisions of a project
			 labor agreement. Data centers that use multiple contractors during the course
			 of the 60-month period specified in the MOU must enter into a project labor
			 agreement approved by the Department for the labor component of any
			 construction used to achieve the minimum required capital investment.
Illinois Administrative Code › Title 14 - COMMERCE › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.70 - Application Denial/Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Applicants shall be notified in writing as to the Department's evaluation of
			 all completed applications. If the Department denies an application, it will
			 specify the reasons for the denial in writing and allow the applicant 30 days
			 to amend and resubmit its application for evaluation. If the applicant
			 disagrees with the Department's decision, it may seek relief through the
			 process afforded in the Department's Administrative Hearing Rules (56 Ill. Adm.
			 Code 2605).
b) The Department will
			 negotiate a formal MOU with applicants determined to be eligible under the
			 Statute.
Illinois Administrative Code › Title 14 - COMMERCE › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.80 - Determination of Term of Exemptions and Amount of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will determine the duration
			 of the term of exemptions and the amount of credit awarded under the Statute.
			 The duration of the exemptions for any certified data center may not exceed 20
			 years.
b) All certified data
			 centers, and, when applicable, data center tenants, shall receive an initial 5
			 year certificate of exemption. At the expiration of this initial 5 year period,
			 certified data centers, and, when applicable, data center tenants, may apply to
			 the Department for renewals of certificates of exemption for additional 5 year
			 periods not to exceed the 20 year period running from the effective date of the
			 MOU.
c)
The amount of the
			 credit
for any certified data center determined by the Department to
			 be located in an underserved area
shall be 20% of the wages paid during
			 the taxable year to a full-time or part-time employee of a construction
			 contractor employed by a certified data center, if those wages are paid for the
			 construction of a new data center.
[35 ILCS
			 5/229(a) ]
d)
In no event shall a credit under
			 the
Statute
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.
[35 ILCS
			 5/229(b) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.100 - Certificate of Exemption or Verification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Department-Qualifying Data Center MOU
Upon receipt of a fully-executed MOU between the qualifying
				data center and the Department, the Department will issue to the qualifying
				data center a certificate of exemption demonstrating that the qualifying data
				center's qualifying purchases are exempt from the taxes, as set forth in
				Section 605-1025(a).
b)
			 Qualifying Data Center-Tenant MOU
Upon receipt of a fully-executed MOU between the qualifying
				data center and its tenant and acknowledged by the Department (or Tenant
				Participation Certificate Memorandum of Understanding, a form of which is
				included with the MOU between the Department and the data center owner or
				operator) as referenced in Section 90(b), the Department will issue to the data
				center tenant a certificate of exemption demonstrating that the data center
				tenant's qualifying purchases are exempt from the taxes, as set forth in
				Section 605-1025(a) of the Statute.
c) A qualifying data center located in an
			 underserved area, as certified by the Department,
for taxable years
			 beginning on or after January 1, 2019,
shall be awarded
credits against the taxes imposed under Section 201(a) and (b) of the
			 Illinois Income Tax Act, as provided in Section 229 of that Act.
[20 ILCS
			 605/605-1025(d) ]
1) The qualifying data center shall notify
			 the Department, on forms provided by the Department, at the end of the taxable
			 year for which a credit is sought, the
wages paid during the taxable
			 year to a full-time or part-time employee of a construction contractor employed
			 by a certified data center, if those wages are paid for the construction of a
			 new data center in an underserved area
;
2) Upon receipt of valid proof from the
			 qualifying data center, the Department will provide a certificate of
			 verification equal to
20% of the wages paid during the taxable year to
			 a full-time or part-time employee of a construction contractor employed by a
			 certified data center if those wages are paid for the construction of a new
			 data center in an underserved area
. [35 ILCS
			 5/229(a) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 521 - DATA CENTER INVESTMENT PROGRAM › Section 521.110 - Noncompliance with Memorandum of Understanding

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Department determines that a
			 certified data center or data center tenant that has received a certificate of
			 exemption or verification for credits under the Statute is not complying with
			 the requirements of the MOU or all of the provisions of the Statute, the
			 Director shall:
1) Notify a certified data
			 center or data center tenant, in writing, that its certification of exemption
			 is temporarily revoked, the date of revocation, the reason for the revocation,
			 and the option to cure or seek a hearing contesting the revocation;
2) Temporarily suspend the exemption, except
			 in instances of noncompliance where the number of employees in new full-time
			 equivalent jobs temporarily falls below the required number. The data center
			 must provide documentation to the Department sufficient to show current
			 insufficient employment is temporary; and
3) Notify the Illinois Department of Revenue
			 of the temporary suspension and the starting date.
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Department is charged with implementing
a program
				to certify applicants for an apprenticeship credit under this Section. Upon
				satisfactory review, the Department shall issue a tax credit certificate to an
				employer incurring costs on behalf of a qualifying apprentice stating the
				amount of the tax credit to which the employer is entitled.
[P.A.
				101-0207;
				35 ILCS
				5/229(c)].
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.30 - Maximum Amount of Available Credits

Current through Register Vol. 48, No. 28, July 12, 2024
For taxable years beginning on or after January 1,
				2020, and beginning on or before January 1, 2025, subject to appropriation the
				aggregate amount of the tax credits that may be claimed under this Section for
				qualified education expenses incurred by an employer on behalf of a qualifying
				apprentice, shall be limited to $5,000,000 per calendar year. If applications
				for a greater amount are received per year, credits shall be allowed on a
				first-come first-served basis, based on the date on which each properly
				completed application for a certificate of eligibility is received by the
				Department. If more than one certificate is received on the same day, the
				credits will be awarded based on the time of submission for that particular
				day.
[P.A. 101-0207;
				35 ILCS
				5/229(b)] The aggregate amount will
				be determined based on the date the qualified education expenses were incurred
				by the employer. Employers must submit a claim for a credit by March 31 of the
				current calendar year to receive a credit for expenses incurred during the
				previous calendar year.
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.40 - Eligibility Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order
			 to qualify for credits under the Act, an applicant must adhere to the
			 requirements established by the Department in this Section and Section
			 522.50.
			 The Department shall require that any application must be submitted via the
			 Department's web-based application process.
b) The applicant shall be an Illinois
			 taxpayer registered as a business entity with the Illinois Secretary of State's
			 Office.
c) In order to qualify for
			 a credit, the applicant must provide support, including but not limited to:
1) receipts obtained from the school in which
			 the qualifying apprentices was enrolled;
2) a qualifying enrollment of apprentices in
			 a program at a school that meets the definition under the Act; and
3) incurred or is incurring qualified
			 education expenses on behalf of the qualifying apprentice.
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.50 - Form of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 application submitted by the employer shall at a minimum include the following
			 information about the employer submitting the application:
1) The applicant name, address, email, and
			 telephone number;
2) key contact
			 name and title;
3) total number of
			 qualifying apprentices employed;
4)
			 employer industry by the North American Industry Classification
			 System;
5) Federal Employer
			 Identification Number (FEIN); and
6) Any other provisions or information the
			 Department determines necessary to facilitate the Department's
			 evaluation.
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.60 - Application Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications
			 will be accepted at any time during the year. The Department will provide
			 interested applicants with an application package upon request. Submission of
			 an application does not commit the Department to award a credit. All
			 applications shall be submitted electronically to the Department.
b) The Department shall review the
			 information submitted by the applicant under Section
			 522.50.
			 The Department shall review all applications to determine that all required
			 information and documentation has been provided. Applicants will be notified,
			 electronically, of any application deficiencies and will be allowed 30 days to
			 correct the deficiencies through submission of additional documentation. The
			 Department has the discretion to extend the cure the period in extenuating
			 circumstances, provided the applicant submits a written request outlining the
			 circumstances for which it needs an extension.
c) In evaluating an application, the
			 Department shall determine if the following are true:
1) The employer enrolled the qualifying
			 apprentices in a school;
2) The
			 school accepted payment and the period of time in which the employer can
			 receive a refund has expired; and
3) The employer is incurring or incurred
			 qualified education expenses on behalf of qualifying apprentices.
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.70 - Application Denial/Approval of Certification

Current through Register Vol. 48, No. 28, July 12, 2024
Applicants shall be notified in writing as to the Department's
				evaluation of all completed applications. If approved, the Department will
				issue a certification to the employer. If the Department denies an application,
				it will specify the reasons for the denial in writing and allow the applicant
				30 days to amend and resubmit its application for evaluation.
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.80 - Determination of Amount of Tax Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The credit shall be equal to 100% of the qualified education expenses,
			 but in no event may the total credit amount awarded to a single taxpayer in a
			 single taxable year exceed $3,500 per qualifying apprentice.
[P.A.
			 101-0207;
			 35 ILCS
			 5/229(b)]
b) Underserved Area Increase.
A
			 taxpayer shall be entitled to an additional $1,500 credit (for a total credit
			 up to $5,000 per qualifying apprentice) against the tax imposed by subsections
			 (a) and (b) of Section 201 of the Illinois Income Tax Act if (i) the qualifying
			 apprentice resides in an Underserved Area during the school year for which a
			 credit is sought by an employer or (ii) the employer's Principal Place of
			 Business is located in an Underserved Area.
[P.A. 101-0207;
			 35 ILCS
			 5/229(b)]
c)
In no event shall a credit under
			 this Section reduce the taxpayer's liability under this Act to less than
			 zero.
If a taxpayer received a grant for qualifying education expenses
			 to be paid by a grantor, only the qualifying education expenses not paid for
			 with grant funds can be claimed. [P.A. 101-0207;
			 35 ILCS
			 5/229(b)]
c)
For partners, shareholders of
			 Subchapter S corporations, and owners of limited liability companies, if the
			 liability company is treated as a partnership for purposes of federal and State
			 income taxation, there shall be allowed a credit under this Section to be
			 determined in accordance with the determination of income and distributive
			 share of income under Sections 702 and 704 and Subchapter S of the Internal
			 Revenue Code.
[P.A. 101-0207;
			 35 ILCS
			 5/229(b)]
e) The tax credit for qualified education
			 expenses incurred must be claimed for the tax year in which the qualified
			 education expenses are actually paid by the employer. Any part of the
			 apprenticeship education expense credit not claimed or allowed in a given tax
			 year shall not be carried forward or backward to any other tax year. Likewise,
			 where qualified education expenses are incurred in excess of the allowable
			 education expense credit for any given tax year, the excess of qualified
			 education expenses shall not be used in claiming the education expense credit
			 for any other tax year.
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.90 - Record Retention

Current through Register Vol. 48, No. 28, July 12, 2024
An employer filing a return claiming the apprenticeship
				education expense credit shall maintain records of proof as to the education
				expenses paid for by the employer. The employer shall maintain the records for
				a period of not less than 3 years after the date the return on which the
				employer claimed the apprenticeship education expense credit was filed. Records
				maintained by the employer shall be subject to inspection by the Department and
				its duly authorized agents and employees.
Illinois Administrative Code › Title 14 - COMMERCE › Part 522 - APPRENTICESHIP EDUCATION EXPENSE CREDIT PROGRAM › Section 522.100 - Noncompliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 Department determines that a tax credit certificate for credits under the Act
			 is not in compliance with the requirements of the certification or any
			 provisions of this Part or the Act, the Director shall provide notice to the
			 employer of the alleged noncompliance, and allow the employer a hearing under
			 Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/10]. The
			 notice shall include the reason for noncompliance and the date and location of
			 a hearing to be held (see 56 Ill. Adm. Code 2605 (Administrative Hearing
			 Rules)). If, after notice and any hearing, the Director determines that a
			 noncompliance event exists and determines that the certification shall be
			 revoked, the Director shall issue to the Illinois Department of Revenue notice
			 to that effect, stating the employer name, noncompliance date and the employer
			 credits subject to recapture by the Illinois Department of Revenue. Alleged
			 noncompliance shall include, but is not limited to, the following:
1) a demonstration that the employer failed
			 materially to comply with the terms and conditions of the certification;
			 or
2) a determination upon
			 investigation that the employer provided false or misleading information to the
			 Department.
Illinois Administrative Code › Title 14 - COMMERCE › Part 523 - INTERMODAL FACILITIES PROMOTION PROGRAM › Section 523.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Through the Intermodal Facilities Promotion Program, the
				Department of Commerce and Economic Opportunity will provide grants to the
				developers of an intermodal terminal facility in the City of
				Joliet.
Illinois Administrative Code › Title 14 - COMMERCE › Part 523 - INTERMODAL FACILITIES PROMOTION PROGRAM › Section 523.40 - Eligible Program Costs

Current through Register Vol. 48, No. 28, July 12, 2024
The total amount of a grant to an eligible developer shall not
				exceed the lesser of:
a) $3,000,000 in
			 each State fiscal year; or
b) the
			 total amount of infrastructure costs incurred by the eligible developer with
			 respect to a project that is the subject of an agreement. [30 ILCS
			 743/25 ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 523 - INTERMODAL FACILITIES PROMOTION PROGRAM › Section 523.50 - Grant Application

Current through Register Vol. 48, No. 28, July 12, 2024
Applications for grant funds must include the following
				documentation:
a) Project Summary. A
			 brief statement and description of the project for which Intermodal Facilities
			 Promotion Program funds are being sought.
b) Background of Applicant. A discussion of
			 the applicant's organization, purpose, history and capabilities to carry out
			 the proposed project.
c) Project
			 Description. A description of the proposed project for which the grant would be
			 used, including a project work statement detailing work activities (including
			 all components regardless of funding source); project activity completion
			 deadlines as well as identification of the individuals or groups responsible
			 for carrying out the project; and studies, plans drawings, sketches, and
			 schematics that can be used to determine that the project is an intermodal
			 terminal facility.
d) Project
			 Results. Identification of the anticipated results of the proposed project in
			 terms including potential for creation or retention of jobs, or other public
			 benefits.
e) Project Budget.
			 Identification of the infrastructure costs for which reimbursement is sought,
			 including all supporting documentation requested by the Department. The
			 eligible developer may amend its application for reimbursement from time to
			 time in order to cover additional infrastructure costs incurred after the
			 submission of an application. The Department reserves the right to approve or
			 disapprove specific items and categories of infrastructure costs.
f) Location: Location map, such as an USGS
			 71/2 quad map, identifying the location of the project and a legal description
			 of the project site evidencing that the site is in the City of
			 Joliet.
Illinois Administrative Code › Title 14 - COMMERCE › Part 523 - INTERMODAL FACILITIES PROMOTION PROGRAM › Section 523.60 - Review of Grant Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Application Screening. The Department shall screen all grant applications to
			 determine that all elements of the application package have been addressed.
			 Applicants will be notified of deficiencies in applications and given the
			 opportunity to correct those deficiencies. Complete applications will be
			 reviewed and evaluated by Department staff in accordance with the criteria
			 listed in subsections (b) through (d). This review and evaluation process will
			 be completed within 30 working days after submission of a complete
			 application.
b) Basic Eligibility
			 Evaluation. Each grant application will be reviewed to assure compliance with
			 the Act and this Part, including that the developer is an eligible
			 developer.
c) Costs. The applicant
			 must demonstrate that the project costs are eligible program costs under the
			 Act and this Part and can be substantiated given the amount of work that has
			 been or will be undertaken.
d)
			 Program Objectives. The applicant must demonstrate that the activities of the
			 project will result in construction of an intermodal terminal facility in the
			 City of Joliet.