Sec. 531.30 - Tax Credit Directives

ยง 531.30. Tax Credit Directives

a) For taxable years beginning after December 31, 2010 and ending on or before December 31, 2021, subject to the limitations provided in the Act, a claimant may claim, as a credit against the tax imposed under Section 201(a) and (b) of the Act, an amount equal to 25% of the claimant's investment made directly in a qualified new business venture. The credit under this Section may not exceed the taxpayer's Illinois income tax liability for the taxable year. If the amount of the credit exceeds the tax liability for the year, the excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a tax liability. If there are credits from more than one tax year that are available to offset a liability, the earlier credit shall be applied first. In the case of a partnership or subchapter S corporation, the credit is allowed to the partners or shareholders 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 ( 26 USC 702, 704 and subchapter S). [35 ILCS 5/220(b)]

b) The minimum amount an applicant must invest in any single qualified new business venture in order to be eligible for a credit under the Act is $10,000. The maximum amount of an applicant's total investment in any single qualified new business venture that may be used as the basis for a credit under the Act is $2,000,000. [35 ILCS 5/220(c)]

c) The aggregate amount of the tax credits that may be claimed under the Act for investments made in qualified new business ventures shall be limited at $10,000,000 per calendar year, of which $1,000,000 will be reserved for certain qualified new business ventures as set forth in Section 531.55. [35 ILCS 5/220(f)]

d) A claimant may not sell or otherwise transfer a credit award under the Act to another person or entity. [35 ILCS 5/220(g)]

(Amended at 42 Ill. Reg. 16493, effective August 21, 2018)

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