86 Ill. Adm. Code 100.2181
Credit for Instructional Materials and Supplies. (IITA Section 225)
Section 100.2181 Credit
for Instructional Materials and Supplies. (IITA Section 225)
a)
For taxable years beginning on and after
January 1, 2017, a taxpayer shall be allowed a credit in the amount paid by the
taxpayer during the taxable year for instructional materials and supplies with
respect to classroom based instruction in a qualified school, or $250,
whichever is less, provided that the taxpayer is a teacher, instructor,
counselor, principal or aide in a qualified school for at least 900 hours
during a school year. The credit may not be carried back and may not 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. The
tax credit carried forward is applied to the earliest year for which there is a
tax liability. If credits for more than one year are available to offset a
liability, the earlier credit shall be applied first.
(IITA Section 225)
b) For
purposes of this Section:
1)
The term "qualified school"
means a public school or non-public school located in Illinois.
(IITA
Section 225) IITA Section 102 provides that,
except as otherwise expressly
provided or clearly appearing from the context, any term used in the Act has
the same meaning as when used in a comparable context in the IRC or any
successor law or laws relating to federal income taxes and other provisions of federal
statutes relating to federal income taxes, as that Code, laws and statutes are
in effect for the taxable year.
Accordingly, "school" means a
school that provides elementary education or secondary education (kindergarten
through grade 12), as provided in the federal income tax deduction allowed to
teachers for classroom supplies under IRC section 62(a)(2)(D) and (d)(1).
2)
The term "materials and
supplies" means amounts paid for instructional materials or supplies that
are designated for classroom use in any qualified school.
(IITA Section
225) Expenses qualifying for the federal income tax deduction for classroom
books, supplies, equipment and other materials under IRC section 62(a)(2)(D)
also qualify for this credit, except that the express provision in IRC section
62(a)(2)(D)(ii) that nonathletic supplies for courses of instruction in health
or physical education do not qualify, does not apply for purposes of this
credit.
3) A "school year" includes any
summer school conducted in the summer immediately following the end of the spring
term of the school year.
c)
This Section is exempt from automatic
sunset under IITA Section 250.
(IITA Section 225)