Current through Register Vol. 48, No. 38, September 20, 2024
b) A taxpayer shall be allowed a credit equal
to .5% of the basis of qualified property placed in service during the taxable
year, provided such property is placed in service on or after July 1, 1984
(IITA Section 201(e)(1)). However, the basis of qualified property shall not
include costs incurred after December 31, 2013, except for costs incurred
pursuant to a binding contract entered into on or before December 31, 2013
(IITA Section 201(e)(8)).
c) There
shall be allowed an additional credit equal to .5% of the basis of qualified
property placed in service during the taxable year, provided such property is
placed in service on or after July 1, 1986, and the taxpayer's base employment
in Illinois has increased by at least 1% over the preceding year. If, in any
year, the increase in base employment within Illinois over the preceding year
is less than 1%, the additional credit shall be limited to that percentage
times a fraction, the numerator of which is .5% and denominator of which is 1%,
but shall not exceed .5% (IITA Section 201(e)(1)).
1) Base employment. For purposes of
calculating the additional investment credit, base employment in Illinois is
defined as the average monthly total of individuals employed in Illinois by a
taxpayer during the taxable year. To calculate base employment for a particular
taxable year, the taxpayer need only total the number of individuals he
employed in Illinois during each month of the taxable year as reported to the
Illinois Department of Employment Security on Line 1 of Form UC-3/40 or Form
UI-3/40M and divide this total by the number of months in the taxable
year.
2) Example of the Additional
Investment Credit Computation. During the calendar year 1994, Corporation A
reported 500 employees each month on Line 1 of Form UC-3/40. Therefore,
Corporation A's base employment in Illinois for 1994 was 500 ((500 x 12)
divided by 12 = 500). In 1995, Corporation A reported 500 employees for each of
the first six months, and 505 employees for each of the remaining six months of
the taxable year. Therefore, Corporation A's base employment for 1995 was 502.5
((500 x 6) + (505 x 6) divided by 12 = 502.5). Corporation A's percentage of
increase in 1995 base employment over 1994 base employment is .5%. This figure
is computed by subtracting the 1994 base employment from the 1995 base
employment and dividing the remainder by the 1994 base employment ((502.5 -
500) divided by 500 = .005 or .5%). Corporation A will be allowed an additional
investment credit for 1995 of .25% (one-half of the percentage of increase)
times the adjusted basis of qualified property placed in service in Illinois
during the taxable year and on or after July 1, 1986.
d) The investment credit is not allowed to
the extent it would decrease the taxpayer's replacement tax liability for the
taxable year to less than zero, nor may any credit for qualified property be
allowed for any year other than the year in which the property was placed in
service in Illinois. No carryback or carryforward of unused credit is allowed
for tax years ending prior to December 31, 1985. For tax years ending after
December 31, 1988, the credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the credit exceeds the tax
liability for that year, whether it exceeds the original liability or the
liability as later amended, such 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 liability. If
there is credit from more than one tax year that is available to offset a
liability, earlier credit shall be applied first.
e) Qualified property. In order to qualify
for the investment credit, property must be tangible; depreciable pursuant to
Internal Revenue Code Section 167, except that "3-year property" as defined in
IRC section 168(c)(2)(A) is not eligible; and acquired by purchase as defined
in Internal Revenue Code section 179(d). IRC section 168(c)(2)(A), as in effect
at the time the credit was enacted, defined "3-year property" to mean "section
1245 property: with a present class life of 4 years or less; or used in
connection with research and experimentation". In addition to the above
requirements, property must be used in Illinois by the taxpayer who is engaged
primarily in manufacturing, retailing, coal mining or fluorite mining, in order
to qualify for the IITA Section 201(e) credit against the replacement tax.
Qualified property can be new or used, but cannot have been previously used in
Illinois, in such a manner and by such a person as would qualify for the
investment credit, or for the Section 201(f) Enterprise Zone Investment Credit,
and includes buildings and structural components of buildings.
1) Tangible property, whether new or used,
can consist of personalty or realty and includes, but is not limited to,
buildings and structural components of buildings, signs that are real property,
machinery, equipment, and vehicles. Certain property, though tangible in
nature, does not qualify as investment credit property because it is not
depreciable.
2) Depreciable. In
order to qualify for the investment credit, property must also be depreciable
pursuant to IRC section 167. IRC section 167 provides that depreciable property
is property used in the taxpayer's trade or business or held for the production
of income which is subject to wear and tear, exhaustion, or obsolescence.
A) Property that is depreciated under the
Modified Accelerated Cost Recovery System (MACRS), as provided by IRC section
168, is considered depreciable pursuant to IRC section 167 for purposes of the
investment credit. Property assigned to a MACRS class of less than 4 years does
not qualify for the investment credit.
B) Examples of tangible property that is not
depreciable are land, inventories or stock in trade, natural resources, and
coin or currency.
C) The provisions
of Treasury Reg. section 1.167(a) -4 shall govern in determining whether
leasehold improvements are depreciable.
D) IRC section 179 allows taxpayers, under
certain circumstances, to expense up to $25,000 of equipment purchased in a
single tax year. Based on this provision, if the total cost of the property was
$25,000 or less, the taxpayer has the option of expensing the cost all in one
year as a depreciation expense. While the property does have a useful life of
four or more years, since the election was made to completely expense the cost
of the property in one year, the property has no federal depreciable basis and
does not have a basis upon which to compute the Illinois investment tax credit.
Property not fully expensed under section 179 would qualify for the credit
based on the cost of the depreciable property reduced by the section 179
deduction.
3) Placed in
service. For purposes of the Illinois investment credit, "placed in service"
has the same meaning as under IRC section 46. Property will be considered to
have been placed in service in the same taxable year in which it is taken into
account in determining the federal investment tax credit. See Treasury Reg.
section 1.46 -3(d).
A) Even though property
is placed in service in the same taxable year in which it is taken into account
in determining the Federal investment tax credit, only property placed in
service in Illinois after June 30, 1984 and before January 1, 1997 can qualify
for consideration in determining the credit against the replacement tax.
Qualifying property shall be considered placed in service in Illinois on the
date on which the property is placed in a condition or state of readiness and
available for a specifically assigned function. See Treasury Reg. section
1.46-3(d)(2).
B) Property that is
disposed of, moved out of Illinois or which ceases to qualify for any other
reason during the same taxable year it was placed in service in Illinois will
not be considered in computing the investment credit for the taxable
year.
4) Adjusted basis.
The basis of qualified property for purposes of the investment credit is the
property's basis used to compute the depreciation deduction for federal income
tax purposes. Accordingly, the basis for the credit is determined without
regard to any bonus depreciation under IRC section 168(k), but after taking
into account any amount treated as an expense not chargeable to capital under
IRC section 179.
A) In computing the amount
of investment credit available for a taxable year, the proper investment credit
rate will be applied to the total basis of all qualified property placed in
service in Illinois during the taxable year, provided the property continues to
qualify on the last day of the taxable year.
B) If the basis of property placed in service
during a taxable year is increased or decreased during the same taxable year,
the increased or decreased basis will be used to compute the investment credit
for the taxable year.
5)
Acquired by purchase. In order to qualify for the investment credit, the
property must have been acquired by purchase as defined in IRC section 179(d).
For purposes of determining whether property is acquired by purchase as defined
by IRC section 179(d), the family of an individual includes only his spouse,
ancestors and lineal descendants. Also, for these purposes only, a controlled
group has the same meaning as in IRC section 1563(a), except stock ownership of
only 50% or more is required. See Treasury Reg. section 1.179 -4 under the
Internal Revenue Code. Property which the taxpayer constructs, reconstructs or
erects itself is generally considered acquired by purchase. IRC section 179
defines purchase as any acquisition of property except:
A) an acquisition from a person whose
relationship to the acquiring person is such that a resulting loss would be
disallowed under IRC section 267 or 707(b);
B) an acquisition by one component member of
a controlled group from another component member of the group; an acquisition
of property, if the basis of the property in the hands of the person acquiring
it is determined in whole or in part by its adjusted basis in the hands of the
person from whom the property was acquired; or
C) an acquisition of property, the basis of
which is determined under IRC section 1014(a). IRC section 1014(a) covers
property acquired from a decedent. Property acquired by bequest or demise is
not acquired by purchase.
6) Used in Illinois. Mobile property such as
vehicles must be used predominantly in Illinois. Removal of such property from
Illinois for a temporary and transitory purpose will not disqualify the
property so long as it continues to be used predominantly in the Illinois
operation of the taxpayer. For purposes of this Section, mobile property is
considered to be predominantly used in Illinois if usage in Illinois exceeds
usage outside of Illinois. Example: A retailer sometimes uses its trucks based
in Illinois to deliver goods both in Illinois and to out-of-State buyers.
Temporary absence of its trucks from Illinois does not disqualify
them.
7) A lessor of otherwise
qualifying property that is used by the lessee in manufacturing, retailing, or
coal or fluorite mining operations, would not qualify for the credit because
the property is not used "by the taxpayer".
8) "Manufacturing" is defined in IITA Section
201(e)(3) as the material staging and production of tangible personal property
by procedures commonly regarded as manufacturing, processing, fabrication or
assembling which changes some existing material into new shapes, new qualities,
or new combinations. It is not necessary that these procedures result in a
finished consumer product. Procedures commonly regarded as manufacturing,
processing, fabrication or assembling are those so regarded by the general
public. If a taxpayer primarily engages in the following operations, the
taxpayer will not qualify for the investment credit on the basis of engaging
primarily in manufacturing. The activities described are generally not
considered manufacturing operations:
A)
Agricultural activities such as cultivating the soil, raising or harvesting
crops, the production of seed or seedlings, and the development of hybrid
seeds, plants or shoots are not manufacturing operations. The raising or
breeding of livestock, poultry, fish or any other animals, as well as
commercial fishing or beekeeping, is not manufacturing.
B) Manufacturing operations do not include
mining, quarrying, logging, drilling for oil, gas or water, or any other
operations that result in the extraction or procurement of a natural resource.
However, the refining or processing of natural resources into a product of a
different form or a product that has different qualities is
manufacturing.
C) Persons engaged
in the construction, reconstruction, alteration, remodeling or improvement of
real estate are not considered engaged in manufacturing operations.
D) Manufacturing operations do not include
research and development of new products or production techniques.
E) Manufacturing operations do not include
the use of machinery or equipment in managerial or other non-production,
non-operational activities including disposal of waste, scrap or residue,
inventory control, production scheduling, work routing, purchasing, receiving,
accounting, fiscal management, general communications, plant security, or
personnel recruitment, selection or training.
9) Retailing. Retailing is defined as the
sale of tangible personal property for use or consumption and not for resale,
or services rendered in conjunction with the sale of tangible personal property
for use or consumption and not for resale. For purposes of this Section, the
term "tangible personal property" has the same meaning as when used in the
Retailers' Occupation Tax Act, and does not include the generation,
transmission, or distribution of electricity (IITA Section 201(e)(3)). It is
required that the tangible personal property be finished consumer goods, and
the property be sold to its ultimate consumer. For example, sales of tangible
personal property for resale are not included in the definition of retailing.
The following activities are not considered retailing operations:
A) The construction, reconstruction,
alteration, remodeling or improvement of real estate;
B) The operation of a hotel or motel or other
institution providing only lodging facilities;
C) Other service professions that do not
involve the transfer of tangible personal property other than as an incident to
the service performed. For guidance in distinguishing service professions from
retailing professions, the Department will rely on rules promulgated under the
Service Occupation Tax Act at 86 Ill. Adm. Code 140;
D) Farming operations related to crop and
livestock production do not constitute retailing. However, the marketing of
these products would constitute a retailing operation.
10) Mining of coal or fluorite. Mining has
the same meaning as in section 613(c) of the Internal Revenue Code, but shall
be limited to the mining of coal and fluorite (IITA Section 201(e)(3)). Mining
as defined in IRC Section 613(c) includes not only extraction, but also
treatment processes such as cleaning, breaking, sorting, sizing, dust allaying,
and loading for shipment.
11) New
or used. Qualifying property can be new or used; however, used property does
not qualify if it was previously used in Illinois in such a manner and by such
a person as would qualify for the Illinois investment credit.
A) Example: Corporation A purchases a used
pick-up truck, for use in its manufacturing business in Illinois, from an
Illinois resident who used the truck for personal purposes in Illinois. If the
truck meets all the other requirements for the investment credit, it will not
be disqualified merely because it was previously used in Illinois for a purpose
that did not qualify for the credit. However, had Corporation A purchased the
used truck from an Illinois taxpayer in whose hands the truck qualified for the
investment credit, the truck would not be qualified property to Corporation A,
even though the party from whom the truck was acquired had never received an
investment credit for it.
B)
Property that would otherwise qualify for the credit will not be disqualified
because it was previously used in such a manner and by such a person as would
have qualified for the investment credit before the credit came into effect.
Example: In August of 1983, Corporation A purchased a drill press for use in
its manufacturing operation in an Illinois Enterprise Zone from Corporation B.
Corporation B originally placed the drill press into service in its Illinois
manufacturing operation in January of 1980, before IITA Section 201(e) came
into effect. Even though Corporation B would have qualified for the Illinois
investment credit had there been a credit in 1980, this will not disqualify
Corporation A from claiming a credit for this property, provided the property
is otherwise qualified. However, should Corporation A sell the property to
Corporation C for use in its Illinois manufacturing operation, the property
would not qualify for the credit, even though it would otherwise qualify,
because the property was used in such a manner and by such a person as would
have qualified for the investment credit under Section 201(e) or 201(f) at a
time when at least one of the credits was in effect. The fact that the Section
201(e) credit was not yet effective when Corporation A placed the property in
service will not cause the property to qualify for the Section 201(e) credit in
the hands of Corporation C because IITA Section 201(e) specifically provides
that the property is disqualified if it previously qualified under either IITA
Section 201(e) or 201(f).
f) To qualify for the credit, property must
be used in Illinois by a taxpayer who is primarily engaged in manufacturing, or
in mining coal or fluorite, or in retailing. It is not required that the
property be used exclusively in manufacturing, mining of coal or fluorite or in
retailing. So long as the taxpayer is primarily, more than 50%, engaged in one
of these operations, all qualified property is eligible for the credit, even if
the property is not actually used in an exempt manufacturing, coal or fluorite
mining or retailing process. The taxpayer must engage primarily in one or more
of the operations. In other words, a taxpayer that is engaged 30% of the time
in retailing and 40% of the time in manufacturing will qualify for the credit,
because the taxpayer is engaged primarily in one or more of the operations. In
determining whether a taxpayer is primarily engaged in an activity the
Department will look to the gross receipts of the taxpayer received in the
ordinary course of business by that taxpayer. For example, if more than 50% of
the taxpayer's gross receipts are from manufacturing, the taxpayer is primarily
engaged in manufacturing, or if more than 50% of the gross receipts are from
retailing, the taxpayer is primarily engaged in retailing. The taxpayer (and
the Department) will look to the gross receipts received by the taxpayer in the
ordinary course of business. Therefore, if, for example, the taxpayer suffers a
casualty loss and that is compensated for by an insurance payment, the amount
of money so received will not be deemed gross receipts received in the ordinary
course of business, and disqualify the taxpayer from eligibility and perhaps
result in the recapture of credits granted in prior years.
EXAMPLE 1: Corporation A manufactures CD ROM Units for
personal computers, which are sold to others for resale. Corporation A also
engages in the retail sale of canned computer software. Finally, Corporation A
develops and sells custom computer software to various clients. Corporation A
receives 20% of its gross receipts from the manufacturing of CD ROM Units, 40%
of its gross receipts from retail sales of canned software, and 40% of its
gross receipts from its custom computer software development and sales
operations. Corporation A is eligible for the credit. Corporation A is engaged
primarily in manufacturing and retailing, because the total of its
manufacturing and retailing operations is 80% of its gross receipts. Therefore,
the Corporation is eligible for the credit.
EXAMPLE 2: Corporation B operates a hotel. 80% of the gross
receipts of Corporation B are from the renting of rooms, 5% of the gross
receipts are from the operation of a gift shop in the hotel and the remaining
15% of the gross receipts are from the operation of a restaurant and lounge in
the hotel. The renting of rooms is not retailing. Therefore, Corporation B is
ineligible for the credit because it is not engaged primarily in retailing,
even though it does, through the operation of the gift shop, restaurant and
lounge, engage in some retailing activities.
g) Recapture. If, within 48 months after
being placed in service, any property ceases to be qualified property in the
hands of the taxpayer or the situs of any qualified property is moved outside
of Illinois, or outside of the enterprise zone, for other than a temporary or
transitory purpose, then the personal property tax replacement income for the
taxable year in which such event occurred will be increased (IITA Section
201(e)(7)). If, during the 48 month period, the taxpayer ceased to be primarily
engaged in retailing, manufacturing, coal or fluorite mining, the property
ceases to be qualified property. Therefore, previously granted credits must be
recaptured.
1) Any property disposed of by
the taxpayer within 48 months after being placed in service ceases to
qualify.
2) A taxpayer disposes of
property when he sells the property, exchanges or trades in worn-out property
for new property, abandons the property or retires it from use. Property
destroyed by casualty, stolen, or transferred as a gift is treated as having
been disposed of. Property which is mortgaged or used as security for a loan
does not cease to qualify provided the taxpayer continues to use the property
within Illinois. Property transferred to a trustee in bankruptcy is considered
disposed of in the year the property is transferred to the trustee. A transfer
of property by foreclosure is treated as a disposition.
3) The reduction of the basis of qualified
property resulting from the redetermination of the purchase price is a
disposition of qualified property to the extent of such reduction in the
taxable year the reduction takes place. This occurs, for example, when property
is purchased and placed in service in one year, and in a later year the
taxpayer receives a refund of part of the original purchase price. See 26 CFR
1.47 - 2(c) (2010).
4) In order to
determine the amount by which the personal property tax replacement income tax
must be increased in the taxable year in which the property ceased to qualify
or was moved outside of Illinois or the enterprise zone, the taxpayer must
recompute the investment credit for the taxable year in which the property was
placed in service by eliminating from his calculations any such property. This
recomputed investment credit is subtracted from the amount of credit actually
used in the year in which the disqualified property was placed in service. The
difference between the recomputed credit and the credit actually used is added
to the personal property tax replacement income tax or the income tax for the
year in which the property ceased to qualify or was moved outside of Illinois.
If the recomputed credit is greater than the credit actually used in the year
the property was placed in service, no addition to the current taxable year's
personal property tax replacement income tax or income tax is required.
EXAMPLE: In 1985, Corporation A places qualifying property
with a basis of $55,000 into service in an enterprise zone located in Illinois
and computes a Section 201(e) investment credit for the year of $275 ($55,000 x
.5%) and a Section 201(h) investment credit of $275 ($55,000 x .5%).
Corporation A's 1985 personal property tax replacement income tax is $260 and
its income tax liability for the year is $420. After application of the credit,
Corporation A has no remaining replacement tax liability and its remaining
income tax liability is $145. In the following year Corporation A moved a
qualifying asset having a basis in 1985 of $5,000 from Illinois and is
therefore required to recapture a portion of the investment credit applied
against its replacement tax. In order to determine its additional income tax
for 1986, Corporation A must recompute its 1985 investment credit by
eliminating the disqualified property ($55,000 - $5,000 x .5% = $250). This
recomputed credit is subtracted from the investment credit actually used in
1985 against the income tax ($260 - $250 = $10) and the difference is added to
Corporation A's 1986 income tax after application of the 1986 investment
credit.
h)
Partnerships and Subchapter S Corporations.
1) For each taxable year ending before
December 31, 2000, a partnership may elect to pass through to its partners the
credits to which the partnership is entitled under IITA Section 201(e) for the
taxable year. The election to pass through the credits shall be irrevocable.
[IITA Section 201(e)(9)]
A) This subsection
(h)(1) applies only to partnerships. Subchapter S corporations may not pass
credits through to their stockholders under this provision.
B) Subject to the statute of limitations, the
election under this subsection (h)(1) may be made retroactively. See Borden
Chemicals and Plastics, L.P. v. Zehnder, 312 IllApp3d 35
(1st Dist. 2000). A retroactive election shall be
made by filing an amended return by the partnership making the election for the
tax year of the election and for any subsequent year affected by the election,
and including a schedule of the credits to be passed through. An example of a
subsequent year affected by an election would be a year in which a credit
carried forward from a year prior to the election was used by the partnership
or was passed through to the partners by an election for that subsequent
year.
C) All credits to which the
partnership is entitled under IITA Section 201(e) in the year an election is
made are passed through to the partners, including credits passed through to
the partnership from another partnership, credits carried forward from prior
years and the share attributable to partners who are not subject to Personal
Property Tax Replacement Income Tax and exempt organizations not subject to tax
under IITA Section 205(a).
D) Any
credit passed through to a partner must be used within the 5-year carryforward
period allowed to the partnership. Thus, a credit earned by a partnership in
the year the election is made may be used by the partner to whom it is passed
in that partner's taxable year in which the taxable year of the partnership for
which the election was made ends, and any unused amount may be carried forward
to the 5 succeeding taxable years of the partner. If a partnership elects to
pass through to its partners a credit earned in its immediately preceding
taxable year, a partner may use that credit in its taxable year in which the
taxable year of the partnership for which the election was made ends, and any
unused amount may be carried forward to the 4 succeeding taxable years of the
partner.
2) For taxable
years ending on or after December 31, 2000, a partner that qualifies its
partnership for a subtraction under Section 203(d)(2)(I) of IITA or a
shareholder that qualifies a subchapter S corporation for a subtraction under
Section 203(b)(2)(S) shall be allowed a credit under IITA Section 201(e) equal
to its share of the credit earned under IITA Section 201(e) during the taxable
year by the partnership or subchapter S corporation, 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.
[35 ILCS
5/201(e)(9)] Under this subsection
(h)(2):
A) The provisions of this subsection
(h)(2) apply to both partnerships and subchapter S corporations.
B) Credits are passed through only in the
year earned. Any amount carried forward from a prior year cannot flow through
to the partners or shareholders of the entity.
C) The share of credits allocable to a
partner or shareholder who is not subject to Personal Property Tax Replacement
Income Tax and who is not exempt from taxation under IRC section 501(a) do not
pass through to that partner or shareholder. Those amounts may be used by the
partnership or subchapter S corporation against the Personal Property Tax
Replacement Income Tax liability it incurs on the share of its income
attributable to such partners or shareholders.
D) Any credit passed through to a partner or
shareholder under this subsection (h)(2) may be used in the taxable year of the
partner or shareholder in which the taxable year of the entity that passes the
credit through ends, and may be carried forward to the 5 succeeding taxable
years of the partner or shareholder until used.
E) Any credit passed through to a partnership
or subchapter S corporation under this subsection (h)(2) shall pass through to
its partners or shareholders in the same manner as a credit earned by the
partnership or subchapter S corporation.
