86 Ill. Adm. Code 100.7386
Local Journalism Sustainability Tax Credit (IITA Section 704A(k))
Section 100.7386 Local
Journalism Sustainability Tax Credit (IITA Section 704A(k))
a)
A taxpayer who is issued a
tax
credit
certificate under the Local Journalism Sustainability Act for a
taxable year shall be allowed a credit against payments due under
IITA
Section 704A(c). (IITA Section 704A(k))
b)
Employers that maintain tax status under
Section 501(c)(3) of the federal Internal Revenue Code, that are local news
organizations and that are required to deduct and withhold taxes as provided in
IITA Section 704A, may claim a Local Journalism Sustainability Tax Credit
against withholding
payments due under
IITA Section 704A(c). (35 ILCS
18/40-10)
c) For purposes of the Local Journalism
Sustainability Tax Credit, the term "local news organization" shall
have the same meaning as when used in Section 40-5 of the Local Journalism
Sustainability Act [35 ILCS 18].
d) The amount of the credit shall be
determined by the Department of Commerce and Economic Opportunity (DCEO) and
shall be the amount shown on the tax credit certificate issued by DCEO to the
taxpayer.
e) The credit may be taken against payments
due for withholding
reporting periods that begin on or after January 1,
2025, and
end
before January 1, 2030
. (35 ILCS 18/40-10)
1) For purposes of this Section,
"reporting period" means the quarter for which a withholding tax
return is required to be filed under IITA Section 704A(b).
2)
The credit shall be applied to the first
quarterly
reporting period
beginning after the end of the quarterly
reporting period in which the tax
credit certificate is issued
by DCEO
and
begins on or after January 1, 2025
. (35 ILCS 18/40-10)
EXAMPLE:
The taxpayer is issued a tax credit certificate by DCEO in the amount of
$25,000. The tax credit certificate is dated March 17, 2025. The taxpayer is
allowed a credit of $25,000 against withholding payments due under IITA Section
704A(c) in its first quarterly reporting period that begins after the end of
the quarterly reporting period in which the tax credit certificate is issued to
the taxpayer. Since the tax credit certificate was issued to the taxpayer
during the first withholding quarter of 2025, the taxpayer may claim the credit
against any payments due in the second withholding quarter of 2025.
f) A copy of the tax
credit certificate
shall be attached to the taxpayer'
s quarterly withholding tax
return
.
(35 ILCS 18/40-10)
g) The
credit may not be transferred or sold.
h) No carryover of excess credit is allowed.
If
the amount of the credit exceeds the liability for the reporting period, the
excess credit shall be refunded to the taxpayer
. (35 ILCS 18/40-10)