Illinois Department of Revenue FY March Claims for Environmental

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							                                        Illinois Department of Revenue                                         FY 2003-09
                                       Claims for Environmental Remediation Tax Credit
                                                                                                                    March 2003
                                        Informational Bulletin
                                                  To: All taxpayers and tax professionals who are eligible to claim
                                                  a credit carryforward or distribution of the Environmental
Brian A. Hamer                                    Remediation Tax Credit.
Director of Revenue


For information                                   This bulletin serves to clarify the      tax year 2000. Partnership A has
or forms...                                       process of determining limits            four partners who are entitled to
                                                  imposed on and the distribution and      distributions. For tax year 2000, the
 Call us at:                                      the carryforward of the                  limit of $40,000 is imposed at the
 1 800 732-8866 or                                Environmental Remediation Tax            partnership level. If all four partners
 217 782-3336                                     Credit.                                  receive equal distributions, each
                                                                                           partner would be allowed a credit of
 Call our TDD                                     The Environmental Remediation            $10,000 for tax year 2000.
 (telecommunications device                       Tax Credit is valid for tax years        Partnership A would be allowed to
 for the deaf) at:                                ending on or after January 1, 1998,      carry forward the remaining $45,000
 1 800 544-5304                                   through tax years ending on or           for up to 5 years. In tax year 2001,
                                                  before December 31, 2001. The            Partnership A has enough credit to
 Write us at:                                     allowable credit is limited to           again claim the full $40,000 amount
 Illinois Department of Revenue                   $40,000 and provides a credit
 P.O. Box 19044                                                                            and distribute $10,000 to each
                                                  carryforward of any excess credit        partner. In 2002, a credit of $5,000
 Springfield, IL 62794-9044
                                                  for up to 5 years, which includes tax    remains for the partnership to
                                                  years ending after                       distribute. Each partner would be
 Visit our Web site at:
                                                  December 31, 2001.                       eligible to claim $1,250. Even
 www.ILtax.com
                                                  How does the $40,000                     though the partnership is no longer
 Call                                                                                      allowed to earn the credit after
                                                  limitation apply to
 “Illinois Tax Fax,” our                                                                   December 31, 2001, the 5-year
 fax-on-demand service, at:                       S corporations and                       carryforward of excess credit allows
 217 785-3400                                     partnerships?                            the partnership to distribute the
                                                  The $40,000 limit is initially applied   remaining credit through
 Call
 our 24-hour                                      at the S corporation or partnership      December 31, 2005, because the
 Forms Order Line at:                             level. The total amount that the         credit was initially earned in 2000.
 1 800 356-6302                                   S corporation or partnership             How does an S corporation or
                                                  distributes to its partners or
                                                                                           partnership report the credit
                                                  shareholders cannot exceed
                                                  $40,000. Any excess credit at the
                                                                                           carryforward for the 2002 tax
                                                  S corporation or partnership level       year?
                                                  may be carried forward and               In previous years, the credit was
                                                  distributed to partners and              shown for partnerships and
                                                  shareholders for up to five years.       S corporations on Schedule 1299-A,
                                                  For example:                             Tax Subtractions and Credits. Any
                                                                                           flow-through amount to a partner or
                                                  Partnership A earns an                   shareholder was reported on
  Printed by authority of the State of Illinois
                                                  Environmental Remediation Tax            Schedule K-1-P, Partner’s or
  200 copies - 3/03 - P.O. Number 2031065         Credit in the amount of $85,000 in       Shareholder’s Share of Income,
  Claims for Environmental Remediation Tax Credit                                       FY 2003-09
        Page         Informational Bulletin
           2


Deductions, Credits, and            How does a partner or                 Corporations, Trusts,
Recapture. The revisions made       shareholder who received a            Estates, and Exempt
to both schedules for the 2002      credit carryforward                   Organizations:
tax year failed to take into        distribution report that           Corporations, Trusts, Estates, and
account the possibility that any
                                    amount for the 2002 tax            Exempt Organizations that
excess credit would be available
for use. If you have available
                                    year?                              receive a credit carryforward
                                                                       distribution must use Schedule
credit, follow the instructions        Individuals:                    1299-D, Income Tax Credits, to
below in order to claim and
                                    Individuals receiving a credit     report the amount of their
distribute any credit
                                    carryforward distribution must     allowable distribution. The
carryforward.
                                    use Schedule 1299-C, Income        amount of allowable credit is
   Schedule 1299-A:                 Tax Subtractions and Credits, to   reported to you by the
                                    report the amount of their         partnership or S corporation on
On the bottom of the back page      allowable distribution. The        Schedule K-1-P.
of Schedule 1299-A, write           amount of allowable credit is
“Carryforward of Environmental      reported to you by the             Write the amount of the
Remediation Tax Credit from         partnership or S corporation on    allowable credit carryforward
prior year.” Write the amount of    Schedule K-1-P.                    from Schedule K-1-P on
the credit carryforward or                                             Schedule 1299-D, Step 3, Line
$40,000, whichever is less.         Write the amount of the            44. Follow the instructions on
                                    allowable credit carryforward      Schedule 1299-D to figure the
   Schedule K-1-P:                  from Schedule K-1-P on             allowable credit for your annual
                                    Schedule 1299-C, Step 4, Line      tax return. You must attach
For each partner or shareholder
                                    38. Follow the instructions on     Schedule 1299-D and Schedule
complete the following process:
                                    Schedule 1299-C to figure your     K-1-P to your tax return to
On the bottom of the back page      total allowable credit for Form    receive the credit.
of Schedule K-1-P, write            IL-1040, Individual Income Tax
“Carryforward of Environmental      Return, or IL-1040-X, Amended
Remediation Tax Credit.” Write      Individual Income Tax Return.
the allowable distribution amount   You must attach a copy of
of the carryforward.                Schedule 1299-C and Schedule
                                    K-1-P to your tax return to
                                    receive the credit.