Section 1000.400 Taxpayer Contribution Authorization Certificates

Section 1000.400  Taxpayer Contribution Authorization

Certificates

a)

A

taxpayer shall not be allowed a credit pursuant to the Act for any contribution

to a scholarship granting organization that was made prior to the Department's

issuance of a contribution authorization certificate for the contribution to

the taxpayer.

b)

Prior

to making a contribution to a scholarship granting organization, the taxpayer

shall apply to the Department for a contribution authorization certificate

.

c)

A taxpayer who makes more than one contribution to one or

more scholarship granting organizations must make a separate application for

each contribution authorization certificate.

The application shall

include:

1)

the taxpayer's name,

address and email address;

2)

the amount the

taxpayer will contribute;

3)         the region for which

the contribution will be made;

4)         the SGO to which the

contribution will be made;

5)         an

acknowledgement that no credit may be taken for any qualified contribution for

which the taxpayer claims any portion as a federal income tax deduction; and

6)         an

option permitting the Department to send the taxpayer's name and email address

to the SGO.

d)         Multiple

applications for contribution authorization certificates cannot be made on the

same form.

e)         Applications

shall be reviewed by the Department and shall either be approved or denied.

f)

If

approved,

the Department shall issue contribution authorization

certificates on a first-come, first-served basis based upon the date

and

time

that the Department received the taxpayer's application for the

certificate, subject to

the requirement that credits must be awarded in a

manner that is geographically proportionate to enrollment in recognized

non-public schools in Illinois

as determined under

Section 10(e) of

the Act

(see Section 1000.200(b)(10))

certificates on a first-come, first-served basis based upon the date

and

time

that the Department received the taxpayer's application for the

certificate, subject to

the requirement that credits must be awarded in a

manner that is geographically proportionate to enrollment in recognized

non-public schools in Illinois

as determined under

Section 10(e) of

the Act

(see Section 1000.200(b)(10)).

g)

A

taxpayer's aggregate authorized contribution amount as listed on one or more

contribution authorization certificates issued to the taxpayer shall not exceed

the aggregate of the amounts listed on the taxpayer's application or

applications submitted in accordance with this Section.

h)         A

separate CAC shall be issued for each application submitted in accordance with

this Section.

Each contribution authorization certificate shall include:

1)         the

name and address of the taxpayer as it appears on the application;

2)

the date the certificate

was issued;

3)

the

date by which the authorized contribution listed in the certificate must be

made, which shall be 60 days from the date of the issuance of a contribution

authorization certificate;

A)        Contributions may be made no later than the end of the taxable

year in which the CAC was issued.

B)        For purposes of determining whether a contribution was made 60

days from the date of the issuance of a CAC, the Department will rely on:

i)          the date of receipt by the SGO if the contribution is

physically delivered to the SGO by the taxpayer;

ii)         the postmark date, if deposited in the U.S

y be made no later than the end of the taxable

year in which the CAC was issued.

B)        For purposes of determining whether a contribution was made 60

days from the date of the issuance of a CAC, the Department will rely on:

i)          the date of receipt by the SGO if the contribution is

physically delivered to the SGO by the taxpayer;

ii)         the postmark date, if deposited in the U.S. Mail; or

iii)        the date the contribution was received by, or deposited with,

a common carrier for delivery to the SGO;

4)

the amount of the authorized

contribution;

5)         the region for which

the contribution authorization certificate is issued;

6)         the

name and unique identifier of the SGO the taxpayer has designated as the

recipient of the qualified contribution;

7)         a

statement that no credit may be taken for any qualified contribution for which

the taxpayer claims any portion as a federal income tax deduction; and

8)         a unique identifier for

each CAC issued to the taxpayer.

i)

Each

contribution authorization certificate shall be sent to the taxpayer within 3

business days after its issuance.

j)

A

taxpayer may rescind all or part of an authorized contribution approved under

the Act by providing notice to the Department.

Once a taxpayer has made a

contribution to an SGO and has received a COR from the SGO, the taxpayer cannot

rescind a CAC.

Amounts rescinded shall no longer be deducted from the caps

prescribed in Section 10 of the Act.

(See Section 1000.200.)

k)

The

Department shall maintain on its website a running total of the amount of credits,

in the aggregate and by region

, for which taxpayers may make

applications for contribution authorization certifications. The running total

shall be updated every business day.

[35 ILCS 40/25]