86 Ill. Adm. Code 100.2140
Credit Against Income Tax for Replacement Tax (IITA 201(i))
Section 100
Section 100.2140 Credit
Against Income Tax for Replacement Tax (IITA 201(i))
a) Section 201(c) imposes the Personal Property Tax Replacement
Income Tax. This tax is measured by net income of every corporation (including
Sub-chapter S corporations), partnership and trust, for each taxable year. The
tax is imposed on the privilege of earning or receiving income in this State.
The tax is in addition to the income tax imposed under IITA Sections 201(a) and
(b). IITA Section 201(d) lists the tax rates for the Personal Property Tax
Replacement Income Tax.
b) For tax years ending prior to December 31, 2003, a credit is
allowed against the Income Tax for Personal Property Tax Replacement Income
Tax.
1) For tax years ending before January 1, 1989, the credit is
computed by multiplying the tax imposed by IITA Sections 201(c) and (d) by the
apportionment percentage (or by 1 if the entity is non-apportioning). The
result is further multiplied by the tax rate imposed by IITA Sections 201(a)
and (b).
2) For tax years ending on or after January 1, 1989, the credit
is computed by multiplying the tax imposed by IITA Sections 201(c) and (d) by a
fraction, the numerator of which is base income allocable to Illinois and the
denominator of which is Illinois base income. The result is further multiplied
by the tax rate imposed by IITA Sections 201(a) and (b).
c) Any credit earned on or after December 31, 1986, under this
subsection which is unused in the year the credit is computed because it
exceeds the tax liability imposed under IITA Sections 201(a) and (b) for that
year (whether it exceeds the original liability or the liability as later
amended) may be carried forward and applied to the tax liability imposed by
IITA Sections 201(a) and (b) for the 5 taxable years following the excess
credit year, provided that no credit may be carried forward to any year ending
on or after December 31, 2003. The credit shall be applied first to the
earliest year for which there is a liability. If there is a credit for more
than one tax year that is available to offset a liability, the earliest credit
shall be applied first.
d) If, during any taxable year, the tax imposed by IITA Sections
201(c) and (d) for which a taxpayer has claimed the credit is reduced, the
amount of credit for such tax shall also be reduced. Such reduction shall be
determined by recomputing the credit to take into account the reduced tax
imposed by IITA Sections 201(c) and (d). If any portion of the reduced amount
of credit has been carried forward to a different taxable year, an amended
return shall be filed for such taxable year to reduce the amount of credit
claimed.