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FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Copyright 2017, Illinois CPA Society
TO THE HONORABLE MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY:
On behalf of more than 24,000 members of the Illinois CPA Society,
we are delighted to present the TAX GUIDE FOR TAX YEAR 2017,
exclusively for Members of the Illinois General Assembly.
In your unique position as a member of the Illinois General Assembly,
there are a number of federal income tax provisions applicable to
you which do not apply to the ordinary citizen who lives and works in
the same locality. The TAX GUIDE FOR TAX YEAR 2017, has been
prepared in order to familiarize you with some important tax
provisions which affect you. For example, the Tax Guide includes
provisions detailing record-keeping requirements which are
particularly important if you are to take complete advantage of the
various deductions that apply to you. It also includes a section on
campaign contributions and expenses, along with provisions on the
tax treatment of the legislative per diem.
Keep in mind, also, that the Illinois CPA Society stands ready, through
its network of over 30 committees and task forces, to provide you with
advice and counsel on any matters relating to issues before the
General Assembly. Should you feel that professional analysis of any
bills or other legislative issues would be helpful, the Illinois CPA
Society would be pleased to provide such an analysis. We maintain
a full-time office in Springfield in addition to our main office in
Chicago. In addition, we are represented at the Capitol by the firm of
Fletcher, O’Brien, Kaspar & Nottage, P.C.
Best wishes for a successful legislative session!
Sincerely,
Todd Shapiro Martin Green
President & CEO Vice President
Government Relations
CONTENTS
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
I. Introduction 1
II. Gross Income 2
A. General Rule 2
B. Inclusions 2
C. Exclusions 2
III. Deductions 4
A. Deductions Toward AGI 4
B. Deductions From AGI 4
C. Exemptions 7
D. Withholding and Estimated Payments 7
IV. Employee Business Expenses Deductible
from Adjusted Gross Income 8
A. Travel 8
B. Entertainment Expenses 11
C. Transportation Expenses 12
D. Car Expenses 13
E. Home Office Expenses 13
F. Other Expenses 14
V. Political Campaigns and Organizations 15
A. Organization of Political Organizations. 15
B. How Political Organizations Are Taxed 18
VI. Record Keeping and Substantiation 21
A. General 21
B. Elements of Recording Expenses 21
1. Travel 21
2. Transportation 21
3. Entertainment 22
4. Business Gifts 22
C.Adequate Records 23
1. Recording Expenses 23
2. Substantiation 23
D.Example of Mileage and Expense Record. 24
Appendix of Forms 25
Record Keeping Requirements for Travel,
Entertainment and Gifts 26
NOTES
I. INTRODUCTION
The purpose of this publication is to assist you, the state legislator, with your personal
tax planning and awareness. We have focused on those areas of taxation that specifically
apply to you in your capacity as a state legislator. Much of the discussion is general and may apply
to other trades or businesses. We have directed our discussions to situations, special rules and
problems that apply to you. We have also attempted to clarify the mutually exclusive nature of the Internal
Revenue law and laws regarding campaigns and political organizations. The material included in this guide was
prepared and based on the tax laws in effect for 2017.
The guide is not intended as the only resource for preparing your tax return. It is not designed as a comprehensive
source of all items of income and deduction, a comprehensive guide to the reporting requirements for political campaigns
and organizations, or a substitute for competent professional advice. We hope you find the information in this guide useful
both personally and in your capacity as a state legislator as you consider various tax planning alternatives.
The following members of Legislators Tax Guide Task Force wrote this guide:
Chairman:  Victor V. Scimeca, Victor V. Scimeca, CPA, Wood Dale
Anthony J. Pagliuco, Jr., Pagliuco Opalacz & Associates, P.C., Oak Brook
Luis V. Plascencia, Luis V. Plascencia, CPA, Westchester
QUESTIONS? The Illinois CPA Society will be happy to respond to questions that may arise as you review your
Tax Guide. The ICPAS Government Affairs office is located at 524 South 2nd
, Suite 504, Springfield, IL 62701,
217.789.7914 or 800.572.9870. Call or photocopy, complete and send this form to Martin Green, vice president
of government relations at the above address. Or FAX your order 24 hours a day, by dialing 217.789.7924.
Name: __________________________________________________________________________
Address: ________________________________________________________________________
City: ______________________________________ State: _________ Zip: __________________
Comments: ______________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
I would like ______ additional copies of the
Tax Guide for Members of the Illinois General Assembly – Tax Year 2017
1 Legislative Tax Guide for Tax Year 2017
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
2 Legislative Tax Guide for Tax Year 2017
II. GROSS INCOME
A. General Rule
All wealth which flows to a taxpayer other than through gift, inheritance or as a return of capital
is generally considered income. This includes profits and gains from any source. Gross income,
in the broad sense, is income less tax exempt income. Exempt items are exclusions and should
not be confused with deductions, which will be discussed elsewhere in this publication.
B. Inclusions
Generally, all compensation for services is included in gross income. A legislator's salary is
includable in gross income for the year in which it is received. Other wages, honoraria, speakers'
fees, etc., are also included in gross income when received.
Rents from property whether residential or commercial, real estate or personal property, are
includable in gross income. Royalties from publications of any type are also includable in gross
income. Alimony payments received are includable in gross income.
Amounts received as annuity payments are partially includable in gross income. Pension and
retirement payments are fully includable in gross income if the recipient did not contribute to the
cost of the pension and was not taxed on the employer's contributions. Social Security benefits
may be partially includable in gross income, depending on the recipient's income level. Also,
reimbursement or refunds may be includable in gross income if these expenses were deducted
on a previous year's return as qualifying itemized deductions (Schedule A). Examples would be
health insurance reimbursement and state income tax refunds.
C. Exclusions
In the case of Illinois legislators, transportation reimbursements are not includable in gross
income, if they are made for either (1) the actual expenses, or (2) at the federal reimbursement
rate for mileage. You must account for your business mileage to the state by submitting timely
expense reports. If you provide the state with a proper accounting of your expenses then
reimbursement of these expenses should not be included in your Form W-2.
Living expense allowances received while attending sessions of the general assembly also are
not includable in gross income. However, some portion of the living expense allowance may be
includable in the income of legislators who live 50 miles or less from the state capitol.
In addition, payments made directly to third parties for the operation of a district office are not
includable in gross income by the legislator. Also, compensation to legislators which is deferred
under the State of Illinois Deferred Compensation Program is excludable from gross income until
received.
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 3
Life insurance proceeds received on the death of an insured are generally excluded
from gross income as are dividends on life insurance and endowment policies.
Workers’ compensation for personal injuries or sickness is also excluded from gross
income.
Accident and health benefits, as well as other fringe benefits, are typically excludable
from gross income. Damages for personal injury are generally excludable from gross
income. However, punitive damages and damages awarded for injury to one's business
or professional reputation are generally includable in gross income. Non-physical
injuries or sickness damages are not excludable.
Campaign contributions are not includable in gross income, if they are segregated from
the candidate's personal funds and used solely for political purposes. A state political
committee must file certain reports with the State of Illinois. (See Section V, Political
Campaigns and Organizations.)
II. GROSS INCOME
continued
3 Legislative Tax Guide for Tax Year 2017
4 Legislative Tax Guide for Tax Year 2017
III. DEDUCTIONS
Deductions may be claimed only as a matter of legislative grace. A taxpayer may deduct an expenditure if
it is specifically provided for in the Internal Revenue Code (hereafter, IRC).
In calculating federal taxable income (necessary to determine regular income tax liability) for an
individual, deductions must be subdivided into two major categories: (1) deductions toward adjusted
gross income; and (2) deductions from adjusted gross income (also known as itemized deductions).
Both types of deductions represent reductions to taxable gross income in arriving at federal taxable
income. However, since a taxpayer's Illinois individual tax return begins with adjusted gross income
(AGI), the second category of deductions is not relevant in determining one's Illinois tax liability.
After determining whether various expenditures qualify as deductions either toward AGI or from AGI, the
taxpayer finally considers what exemptions may be claimed as a reduction to gross income in arriving
at taxable income. In 2016, each exemption properly claimed is worth $4,050 on the federal return and
$2,175 on the Illinois return.
A. Deductions Toward AGI
The following list summarizes the deductions toward AGI for a 2016 individual tax return:
1. Individual Retirement Account (IRA)*
2. One-half of any self-employment tax paid
3. Keogh retirement plan and self-employed SEP deduction
4. Penalty on early withdrawal of savings (forfeited interest)
5. Qualifying alimony payments
6. Deductible moving expenses
7. 100% of health insurance premiums for self-employed individuals
8. Interest on Higher Education loans*
9. Up to $4,000 of College Costs*
10. Educator Expenses
11. Health Savings Account Deductions
12. Certain Business Expenses - including fee based government officials and armed forces
travel expenses
13. Domestic Production Activities Deduction
*Subject to AGI limitations.
Although a detailed discussion of each item above is beyond the scope of this guide, it is
noteworthy to mention that as a legislator of the Illinois General Assembly, you are subject to
limitations on your IRA deduction since you are a participant in a qualified retirement plan (even
if you have not met the vesting requirements). A partial deduction for IRA contributions is
available for those with AGI between $99,000 and $119,000 (joint return) or between $62,000 and
$72,000 (other returns). If your AGI exceeds $119,000 (joint return) or $72,000 (other returns), you
may still contribute to an IRA, but no deduction is allowed. Special rules apply to married
taxpayers filing separately.
B. Deductions From AGI (Itemized Deductions)
Individual taxpayers may choose the larger of the standard deduction assigned to their filing status
or total qualifying itemized deductions as a direct reduction to their AGI.
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 5
STANDARD DEDUCTION
Basic Standard
2017 Filing Status Deduction Amount
Single $6,350
Head of Household $9,350
Married Filing Jointly (or Surviving Spouse) $12,700
Married Filing Separately $6,350
An additional standard deduction ($1,250 for married or surviving spouse, $1,550 for head
of household) is allowed for each taxpayer who is elderly (i.e., age 65 or older) and for
each taxpayer who is blind.
Children claimed as dependents by their parents are assigned a 2017 standard deduction
not exceeding the greater of $1,050 or the children's earned income (up to the $6,350
assigned to a single person). Dependent children may not claim an exemption for
themselves if they file a tax return in 2017.
ITEMIZED DEDUCTIONS
1. Medical Expenditures
After deducting reimbursements made to you under medical insurance plans, the
remaining unreimbursed medical expenses paid from your funds are deductible to
the extent that they exceed 10 percent of your AGI. For example, if your AGI equals
$50,000, then your deduction for unreimbursed medical expenses will begin only for
amounts exceeding $5,000.
The full cost of certain capital expenditures (representing improvements made to your
personal residence) solely to accommodate the needs of a handicapped individual, will
qualify as a medical expense.
Your payments, as an employee of the State of Illinois, to any group medical
insurance plan must be entered as an itemized deduction on Schedule A, line 1(a).
Long-term care premiums are eligible to be considered as medical expense with
the amount eligible based on taxpayer age at the end of the year.
2. Taxes
State (and local) income taxes paid or withheld are deductible or state sales taxes,
whichever is higher.
Real estate taxes relating to your Illinois personal residence, as well as other real
property, may be deducted on your federal return. (A credit of 5 percent of real estate
taxes paid on your principal residence is allowed on your Illinois return.)
3. Interest Expenses
The IRC allows a deduction for interest payments as described below.
III. DEDUCTIONS
continued
5 Legislative Tax Guide for Tax Year 2017
6 Legislative Tax Guide for Tax Year 2017
III. DEDUCTIONS
continued
(a) Trade or Business Interest
Generally, interest on nonpassive trade or business loans is deductible on Schedule C.
(b) Qualified Residence Interest
Home mortgage interest paid on "acquisition indebtedness" is generally limited to the
interest paid on $1 million of acquisition indebtedness and interest paid on home equity
indebtedness is limited to the interest paid on $100,000 of home equity indebtedness.
(c) Mortgage Insurance Premiums
Premiums paid or accrued in 2016 for qualified mortgage insurance are deductible as
qualified residence interest, subject to AGI limitation. The insurance must be carried on
acquisition indebtedness for a qualified residence. A “qualified resilience” is the
principal residence and one other residence that is not treated as business property.
(d) Investment Interest
Interest on investment-related loans are deductible only to the extent of net investment
income. Examples of investment interest expense include interest on stock margin
accounts with brokerage firms (provided that the funds are used to purchase taxable
investments) and interest on deferred payments made to acquire investments.
4. Charitable Contributions
Charitable contributions are only deductible as an itemized deduction. In general, deductions
to charities are limited to 50 percent of your AGI.
Taxpayers must substantiate all charitable contributions, including cash, with contemporaneous,
written acknowledgement from the donee organization or in the form of a bank record. Also, if
you make a quid pro quo donation in excess of $75, you should receive a statement from the
charitable organization identifying the deductible portion.
If you have been solicited by organizations that seem questionable as to their tax-exempt
status, you should investigate further before donating cash or other property of value. IRS
Publication 78 contains a list of qualifying charitable organizations which is comprehensive,
but not all-inclusive. After investigating a particular organization, you may discover it is
political in nature rather than charitable. If you decide to contribute anyway, your payment is
classified as a political contribution and is not deductible.
5. Casualty and Theft Losses
No deduction is permitted for personal casualty and theft losses when the taxpayer has
waived a proper claim for reimbursement from insurance companies. For example, your
deduction is lost if you bypassed an auto insurance claim relating to an accident to avoid
an increase in your insurance premiums.
Each casualty loss is subject to a $100 floor, and total losses are deductible only to the
extent that the total loss amount for the year exceeds 10 percent of AGI.
6. Miscellaneous Deductions
Most miscellaneous itemized deductions are subject to a 2 percent AGI limitation. Items
such as unreimbursed employee business expenses, investment-related expenses, i.e.,
investment counseling fees, custodial fees, safe deposit fees, income tax preparation fees,
and others must be aggregated and in total must exceed an amount equal to 2 percent of
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 7
AGI. If an employer reimburses business expenses at a fixed amount (i.e., not
based on an actual accounting of expenses by the employee), all expenses
incurred are considered unreimbursed for the purpose of the 2 percent AGI
limitation. Certain expenditures are not subject to this limitation and the following is
a partial list of them:
(a) Expenses of short security sales in the nature of interest; and
(b) Gambling losses to the extent of gambling income.
As a member of the Illinois General Assembly, your status as an employee of
the State of Illinois makes the discussion of unreimbursed employee business
expenses extremely important. Please refer to Section IV of this guide for
further details.
C. Exemptions
The dollar value of each personal and dependency exemption is $4,050. The phaseout
of exemptions and itemized deductions is in effect for 2017*.
Children of divorced parents must be claimed as dependency exemptions by the
custodial parent unless the IRS has been notified that a written agreement between the
divorced parents will permit the noncustodial parent to claim them as dependency
exemptions. IRS Form 8332 is used for this purpose.
D. Withholding and Estimated Payments
Your federal and State of Illinois income tax withholding is based on the number of
exemptions you claim on the Form W-4 that you submit to your employer. Be sure
your withholding, along with any estimated tax payments is sufficient to cover 90
percent of your 2017 tax liability or 100 percent of your 2016 actual tax liability to avoid
underpayment penalties.
Individuals with 2017 AGI in excess of $150,000 ($75,000 for married filing separately)
must pay in 110 percent (rather than 100 percent) of their 2016 liability to avoid
underpayment penalties.
*The phase out for both exemptions and itemized deductions starts at $261,500 AGI for single filers and
$313,800 for married filers and completely phases out at $384,000 for singles and $436,300 for married.
III. DEDUCTIONS
continued
7 Legislative Tax Guide for Tax Year 2017
8 Legislative Tax Guide for Tax Year 2017
IV. EMPLOYEE BUSINESS EXPENSES
DEDUCTIBLE FROM ADJUSTED
GROSS INCOME
Employee business expenses are deductible after Adjusted Gross Income (AGI), and therefore, not
deductible for Illinois income tax purposes. They are only deductible on Schedule A, Form 1040 to
the extent that they exceed 2 percent of AGI. All employee business expenses are entered on Form
2106 which flow through to Schedule A of Form 1040 as miscellaneous itemized deductions.
Examples of employee business expenses are vehicle expenses, travel expenses including lodging
and car rental, meals and entertainment, business gifts, education, home office and trade
publications.
The IRS has ruled that state legislators are NOT compensated on a “fee basis.”
[chief counsel memorandum 199939001] As such, the benefit of section 62(9) (2) (C) where certain
expenses could be deducted “above the line,” does NOT apply. Thus, any expenses incurred
beyond the per diem must be deducted “below the line,” and are subject to the 2% AGI limitation.
Various employee business expenses are discussed below. In certain cases, victims of a disaster
may be able to take advantage of more favorable rules than the general rules described below.
A. Travel
1. Away from Home.
Home for a taxpayer is his/her regular or principal place of business. As an employee of the State
of Illinois your “tax home” could be Springfield unless the facts and circumstances show
otherwise. The factors to be considered are:
a. total time ordinarily spent in performing duties in each area;
b. the degree of an individual’s business activity in each area; and
c. the income generated from each area.
Since the facts and circumstances in each case will decide where the taxpayer’s “tax home” is
located, a. (above) is generally given greater weight than b. and c. However, under IRC Sec.
162(h) state legislators may elect to use their residence in their legislative district as their “tax
home” (see attached election in the Appendix of Forms). This election is not available to
legislators living within 50 miles of the Capitol Building.
When this election is made the legislator is deemed to be away from home when in Springfield.
You must remain in Springfield during recess to qualify for the benefit. Nevertheless, the
advisability of so electing should be considered in light of the following:
a. The legislator’s residence may have already qualified as his/her tax home under the general
rules discussed above.
b. Under the election, living expenses are limited (as discussed below) even though the actual
expenditure may be greater than the allowed deductible amounts.
c. If the election is made, the legislator is deemed to have been away from home for the
number of days the Legislature was in session (including up to four consecutive days of
recess) plus the number of days the legislator was physically present at committee meetings
and his or her presence is formally recorded. The four-day limit is not extended by
Saturdays, Sundays, or holidays. Reg. Sec. 1.162-24(b)(4)states that attendance at a
session of the legislature that only a limited number of members are expected to attend
(such as a proforma session) (i.e. perfunctory session) is not a day in session within the
meaning of the regulation and only those legislators who are called to and do attend the
limited session, and whose attendance is formally recorded, will have a legislative day for
purposes of the regulation. Under Reg. Sec.1.162-24(b)(2), if the legislature is not in session
for more than 4 consecutives days (without extension for Saturdays, Sundays and holidays
meaning Saturdays, Sundays and holidays are included in the 4 day count), then none of
those days are legislative days for purposes of the regulation. Perfunctory days are days of
recess and will be counted in the 4 consecutive day rule. Generally, a perfunctory day can
only be a legislative day if it is during a recess of no more than 4 consecutive days.
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 9
However, if it is not a legislative day under the 4 consecutive day rule, it can still
qualify as a legislative day if, as stated above, the legislator is called, attends and
his/her attendance is formally recorded.
Under the election, the deductible living expenses are deemed to be the greater of
the federal per diem (See rates published by the U.S. General Services
Administration at www.gsa.gov/portal/category/100120) or the state per diem (but
only up to 110% of the federal amount). A Legislator’s “per diem” is the maximum
amount allowable for the capitol city. The Meals and Incidental Expenses (M & IE)
portion is subject to the 50% disallowance rule for entertainment expenses. The 2017
per diem rates for Springfield, IL from 1/1/17 through 9/30/17 are $91 for Lodging,
and $51 for M&IE and from 10/1/17 through 12/31/17 are $93 for Lodging and $51
for M&IE. For more information see final regulation 26 CFR 1.162-24: Travel expense
of state legislators published by the IRS in Internal Revenue Bulletin 2010-17.
During any continuous legislative session that members of the Illinois General
Assembly do not receive mileage reimbursement or per diem for their trips to
Springfield, the unreimbursed mileage, lodging and meal costs are treated as
unreimbursed employee business expenses, and are included as a 2% deduction
on Form 1040, Schedule A in the year the expense is incurred, for legislators over 50
miles from the state Capitol who made the election to treat their residence in their
legislative district as their tax home. Legislators who do not meet these requirements
may not deduct their unreimbursed expenses on thier individual income tax return.
If the expense is reimbursed at a later date, the amount recovered must be included
in income in the year of the recovery to the extent the original expense resulted in a
tax benefit.
The Service has ruled that the fair rental value of apartments provided by the state
to its legislators may be partially excludable for legislators who live more than 50
miles from the state capitol. However, for a legislator who lives 50 or fewer miles
from the capitol, the fair market value of an apartment, less any amount paid by the
legislator, is included in wages.
2. Travel, Meals, and Lodging.
If the election discussed above is not made, the actual costs of transportation from
the taxpayer’s “tax home,” as well as normal living expenses while away from home
overnight, are deductible as travel expenses. Such expenses include the cost of
meals, lodging, local transportation, telephone and telegraph services. Of course,
living expenses while away from home in pursuit of business are not deductible if
they are lavish or extravagant under the circumstances.
The mode of travel has no bearing on the deductibility of the actual travel costs.
Thus airplane, bus, railroad and taxi fares are all valid travel deductions. If a
personal car is used, you must compute the deduction by reference to either actual
expenses (including depreciation) or the standard mileage rate method. If an
automobile is leased, the rental fee may be deducted.
Unless Springfield is classified as the legislator’s “tax home”, all automobile
expenses incurred for traveling to and from Springfield for legislative business are
deductible. Legislative business includes special party caucuses and committee
meetings as well as the regular legislative sessions.
IV. EMPLOYEE BUSINESS EXPENSES
DEDUCTIBLE FROM ADJUSTED GROSS INCOME
continued
9 Legislative Tax Guide for Tax Year 2017
10 Legislative Tax Guide for Tax Year 2017
You may deduct either your actual automobile expenses or the standard mileage rate for all
miles of business use each year. If you use the method based on actual expenses and you
also use your automobile for personal reasons, your total automobile expenses for the year
must be multiplied by your business use percentage.
You cannot claim both the mileage you would have incurred had you driven an automobile to
Springfield and the cost of the bus fare or airplane ticket. Form 2106 is used to report all your
travel, meal, and lodging expenses. Also, on Form 2106, you should report the amount of
reimbursement you receive if the reimbursement is not reported on your W-2 Form.
As mentioned, the cost of meals while away from home are deductible, but only to the extent of
50 percent of the total amount. Related expenses, such as taxes and tips are included in the total
expense before applying the 50 percent disallowance.
3. Seminar and Convention Expenses.
a. General—Expenses for Attending Business Conventions, Seminars or Meetings.
Travel expenses incurred by state legislators in attending business conventions,
seminars or meetings are deductible as long as they are directly connected with the
business of being a legislator. The test is whether attendance at the convention or
meeting will benefit or advance the interest of the business of being a legislator, as
distinguished from attendance serving primarily social, political or similar purposes
unrelated to the business.
If a taxpayer also engages in sightseeing and other activities unrelated to the business
meeting, he/she may not deduct the cost attributable to these personal expenses. In
addition, if a trip is undertaken primarily for personal reasons, no part of the expenses
for transportation to and from the destination is deductible, even if the taxpayer also
engages in business activities or side trips while at the destination. However, the
expenses for the business activities would be deductible.
Whether a trip is primarily for business or personal reasons is a question of fact. The
amount of time spent on business compared to the amount of time spent on personal
activities is the determining factor.
b. Foreign Conventions, Seminars or Meetings.
No business deduction is allowed for conventions, seminars or meetings if they are held
outside North America unless the taxpayer establishes the meeting is directly related to
the active conduct of his/her trade or business and that it is as reasonable for the
meeting to be held outside North America as within the area, which includes the United
States, its possessions, the Trust Territory of the Pacific Islands, Canada and Mexico.
Certain Caribbean Basin countries that have a bilateral or multilateral agreement
providing for the exchange of information with the U.S. may also qualify (see I.R.C. Sec.
274(h)(6)).
c. Other Limitations.
The deductibility of expenses related to the attendance at seminars and conventions on
Cruise Ships, or for investment purposes, is also limited. You should consult your tax
advisor before incurring any such expenses.
IV. EMPLOYEE BUSINESS EXPENSES
DEDUCTIBLE FROM ADJUSTED GROSS
INCOME continued
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 11
B. Entertainment Expenses
As discussed earlier, to be deductible, an expense must be both ordinary and
necessary and incurred in carrying on a trade or business. Entertainment expenses
must also meet the test of being directly related to or associated with the active
conduct of your trade or business. The amount allowable as a deduction for meal and
entertainment expenses is limited to 50 percent of the total amount. Entertainment
expenses include the cost of meals, theater tickets or tickets to a ball game where
discussions directly related to the active conduct of a trade or business took place.
However, if the entertainment or ball game precedes or follows a substantial and bona
fide business discussion, it is generally accepted that the cost is “associated with” the
active conduct of the trade or business and is deductible. If a constituent came to
Springfield to discuss “legislative business” with you over lunch, it would be directly
related. If you and your spouse took the constituent and his/her spouse out to dinner
and theater that evening and did not discuss business, the expense would be
deductible as associated with the previous business discussion that day.
The meeting or discussion must be substantial in relation to the entertainment under
the “associated with” test. If the main aspect of the combined activities is business, it
will qualify. However, if the primary motive of your discussion is social and personal
(e.g., your political agenda), all expenses are disallowed.
Two further restrictions are placed on meal expenses. First, they will not be deductible
if neither the taxpayer nor an employee of the taxpayer is present at the meal. In some
cases, an independent contractor, such as an attorney, who attends a meal in
connection with the performance of significant services on behalf of the taxpayer, may
be considered an employee of the taxpayer. Second, the disallowance of deduction for
lavish and extravagant meal expenses applies to all business meal expenses, with
certain exceptions.
For a more detailed discussion of record keeping rules, see Section VI, Record
Keeping and Substantiation.
1. Limitations on Entertainment Tickets/Skyboxes.
The allowable deduction for the cost of a ticket for any entertainment activity or facility
will be limited to the face value of the ticket. The limitation is calculated prior to
application of the 50 percent disallowance rule. This limitation will not apply to tickets
for a charitable sporting event if (1) the event was organized primarily to benefit a tax-
exempt charitable organization, (2) all of the net proceeds for the event are contributed
to the organization, and (3) volunteers are utilized for a substantial portion of the work
in carrying out the event.
In addition, deductions for the rental or other use of a luxury skybox in a sports
arena, if leased by the taxpayer for more than one event, will be subject to a
disallowance provision.
The cost of a skybox will be disallowed to the extent that it exceeds the cost of the
highest priced non-luxury box seat tickets for the public for the same event, multiplied
by the number of seats in the skybox. All seats in the skybox are included in the
calculations, regardless of whether the skybox is fully occupied.
The skybox limitation does not apply unless the taxpayer rents a skybox at the
same arena for more than one event. This is determined by considering rentals by
11 Legislative Tax Guide for Tax Year 2017
IV. EMPLOYEE BUSINESS EXPENSES
DEDUCTIBLE FROM ADJUSTED GROSS INCOME
continued
12 Legislative Tax Guide for Tax Year 2017
the taxpayer along with related rentals, which may include rentals by family members, by
corporations with common ownership, or by other taxpayers who have a reciprocal
arrangement with the taxpayer to share a skybox.
Also, the disallowance rule does not affect the deductibility of separately stated charges for
food and beverage expenses associated with the use of the skybox. Such expenses as well
as the cost of the skybox are subject to the normal rules covering the deductibility of meal
expenses.
The deductibility of a single-event rental is determined under the rules generally applicable
to entertainment activities.
2. Entertainment Facilities and Club Dues.
No entertainment deduction is allowed for any expense paid or incurred for a facility used
in connection with an activity that constitutes entertainment, amusement or recreation. Such
facilities include social and athletic clubs, yachts, hunting lodges, fishing camps, swimming
pools, and tennis courts. Membership dues to these types of clubs as well as business,
luncheon, sporting, airline and hotel clubs are also not deductible. However, dues to civic
or public service organizations such as Kiwanis, Lions and Rotary continue to be
deductible.
C. Transportation Expenses
Actual transportation expenses paid or incurred by the taxpayer while not away from home, in
connection with his/her services as an employee, are deductions from AGI. Such expenses are
reportable on Form 2106. Transportation expenses include taxi and bus fares as well as
automobile expenses. Expenses of commuting to and from work, while living at home, are not
deductible. For example, the expense of commuting from your home to your office in your home
district is not deductible.
However, while away from home in Springfield for a legislative session, you are required to
commute to the State Capitol each day. If your home in Springfield is not considered your "tax
home," transportation between it and the State Capitol is not considered commuting. As a travel
expense, you may deduct the mileage you incur going from your home in Springfield to the State
Capitol or any other location, as long as the purpose of the travel is directly related to the
business of being a member of the Illinois General Assembly.
A general assembly member may also incur substantial mileage expense in his/her home district.
All travel to meetings where you will speak, ward meetings, or those you attend because of your
political position, may be tax deductible. A memorandum of this mileage should be recorded into
a journal or diary to substantiate travel involving civic functions, political meetings, and other
legislative duties.
Mileage expenses incurred while attending functions during a political campaign for re-election,
are not deductible. Because of this, it is very important to distinguish between expenses directly
related to a campaign for re-election and those which can be directly attributable to serving the
legislator's constituency. For example, though you are running for re-election, you may still find it
incumbent upon you to attend meetings to explain the activities of the general assembly and
other legislative matters to your constituents.
IV. EMPLOYEE BUSINESS EXPENSES
DEDUCTIBLE FROM ADJUSTED GROSS
INCOME continued
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 13
D. Car Expenses
If car expenses are business related, the IRS allows either a deduction of a flat rate per
business mile or a portion of actual car expenses based on the percentage of business
miles to the total miles traveled during the year. Different rules apply to leased vehicles.
The IRS optional mileage allowance for 2017 is 53.5 cents per mile. In order to deduct
actual car expenses, an itemization of the expenses is required. Generally, the actual
expense method results in a greater deduction than the mileage method. If the actual
expense method is used, the automobile expenses you are entitled to deduct include:
gasoline, oil, lubrication, repairs, depreciation, tires, supplies, insurance, taxes,
licenses, and other reasonable operating expenses applicable to your automobile.
These expenses must be allocated between business and personal use of the
automobile. Whether the actual expense or mileage method is used, all business-
related parking fees and tolls are fully deductible. However, any fines for standing or
moving violations are not deductible.
You may switch methods in any year, provided you: 1) own the car; 2) utilized the
standard mileage rate method in the first year the car was used for business; 3) have
not claimed depreciation using any method other than the straight-line method; and 4)
have not claimed a section 179 deduction on the automobile.
If the optional mileage allowance is used, the maximum optional rate is used for all
miles. The age of the vehicle is immaterial. However, if depreciation is claimed on the
car, its useful life is the period used for computing depreciation. The following chart
provides the maximum depreciation allowed on automobiles placed in service after
December 31, 2006. The first year limit for 2017 will be $3,160 plus the bonus amount
allowed for 2017 of $8,000 for a total of $11,160. The limits for trucks and vans are
slightly higher.
If the taxpayer uses the automobile partly for personal purposes, these ceilings must
be reduced pro rata to reflect the personal use. If personal use is 50 percent or greater,
the taxpayer may be required to recapture a portion of the depreciation taken in prior
years, if the accelerated method was used.
E. Home Office Expenses
Home offices, for an employee, are deductible only where the employer requires it as a
condition of employment. Since the State of Illinois is your employer and does not require
you, as a legislator, to have a home office, any such expense would not be deductible.
13 Legislative Tax Guide for Tax Year 2017
IV. EMPLOYEE BUSINESS EXPENSES
DEDUCTIBLE FROM ADJUSTED GROSS INCOME
continued
After After After After After
Year 12.31.06 12.31.07 12.31.08 12.31.09 12.31.11
1 $3,060 $2,960 $2,960 $3,060 $3,160
2 $4,900 $4,800 $4,800 $4,900 $5,100
3 $2,850 $2,850 $2,850 $2,950 $3,050
Thereafter $1,775 $1,775 $1,775 $1,775 $1,875
14 Legislative Tax Guide for Tax Year 2017
F. Other Expenses
There are many other deductible expenses you may incur as a member of the general
assembly. Some of these would include:
1. Business office rent and staff salaries as long as they relate to the legislator's official
business and are not personal expenses or related to any private business of the legislator.
2. Stationery and postage for mail concerning your business as a member of the general
assembly.
3. Any other supplies such as pens, paper clips and pencils that are necessary to maintain
your office and serve your constituency.
4. Dues for organizations to which you had not belonged prior to becoming a member of the
general assembly, but you now belong to as a matter of policy and because it is
instrumental to being a state legislator. (See Section IV, B, 2.)
5. Newspapers and magazines. The cost of obtaining publications necessary for you to
improve yourself as a legislator, such as special weekly papers in your district and special
publications relating to politics, the state or related areas of government, are deductible
expenses. If you would have incurred this expense on a normal basis and for personal
reasons, the cost would not be deductible. (See Section V).
6. Telephone calls relating to your business as a state legislator. This would include the
specific charges for any business-related calls and for any phone used only for business
purposes. The use of an answering service or the cost of an answering machine is also a
deductible expense if it is related to your position as a member of the general assembly.
Cellular telephones are treated as listed property and thus are subject to the same
substantiation and business use rules for autos, discussed above. Line charges for business
calls on cellular phones are deductible.
7. Advertisements to maintain relations with your constituency and to promote your name
(which is necessary to an elected official). If these ads appear during your re-election
campaign, however, it would be best to exclude the costs of these ads from your deductions
because such campaign expenses are not deductible. In all cases, ads appearing during
your campaign should be paid for by campaign contributions. Furthermore, the cost of ads
appearing at any time in a publication that uses the proceeds of such advertisements to
benefit a political party or political candidate, is not deductible.
8. The cost of holiday cards to ward leaders, precinct committee members and community
leaders is directly related to your business as a member of the general assembly, and is
therefore a tax deductible expense. (Including the cost of cards, envelopes, postage and
family photographs.)
Note: All of the above "other expenses" would be subject to the 2 percent floor, as discussed
previously. The amount that exceeds 2 percent of AGI would be allowed as an itemized
deduction.
IV. EMPLOYEE BUSINESS EXPENSES
DEDUCTIBLE FROM ADJUSTED GROSS
INCOME continued
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 15
A. Organization of Political Organizations
A number of pitfalls await the candidate for political office who is not familiar with
election law, agency law and governmental ethics. This article outlines some of the
legal issues likely to arise during a political campaign.
ILLINOIS REQUIREMENTS REGARDING CAMPAIGN FINANCE DISCLOSURE
Everything one needs to know about campaign finance disclosure in Illinois can be
found in the Campaign Financing Act (10 ILCS 5/9-1 et seq.). The Act applies to all
individuals and political action committees (Political Committees) who, within a 12-
month period, have accepted contributions or spent over $5,000 supporting or
opposing a candidate who seeks or holds public office or any public policy issues that
are to be submitted to the voters. The threshold is $5,000 for a referendum held in more
than one county. The Act also requires that all candidates for public office file a
Statement of Economic Interest with either the Secretary of State or the county clerk and
the Illinois State Board of Elections (see also 5 ILCS 420/1-101 et seq.).
The Act does not cover (1) individuals running for federal office or (2) corporations,
associations, labor unions or individuals who make political donations solely from
corporate profits, union treasury or personal funds. The second exclusion does not
apply if the corporation or labor union solicits funds to support or oppose a candidate
or an issue regarding public policy.
Upon attainment of the $5,000 contribution or spending threshold, the statute requires
formation of a Political Committee*. A Political Committee actually should be setup
before any contributions are received because records of financial transactions are
needed from the beginning of the campaign to determine filing status. It is important to
note that contributions are defined as cash, loans or anything of value received for
political purposes such as goods or services provided to the campaign.
NOTE: The $5,000 threshold only applies to committees created on or after July 29, 2013. Committees
created before that date are subject to the $3,000 filing threshold and are required to continue to
submit disclosure filings based on that threshold even if they do not reach the $5,000 level.
The first step in forming a Political Committee is to open a separate, segregated bank
account because the law forbids commingling of campaign funds with any personal funds
of any members of the Political Committee. By law, every committee must also have a
chairman and treasurer, although the same person may hold both positions simultaneously.
Without a chair and treasurer, the committee cannot make any financial transactions.
The treasurer must keep detailed accounts of contributions and expenditures so that
he or she may verify all the information shown on the official reports. To fulfill this
responsibility, the treasurer must maintain. (1) records that reflect total contributions
received and total expenditures made by the Political Committee and (2) internal
records reflecting the full name, mailing address, date and amount of every donation
received by the Political Committee, regardless of the amount.
Within five days of receiving a contribution collected by campaign workers, the
treasurer must receive a detailed record of the transaction. If the Political Committee
members are soliciting funds, the treasurer must inform these members that
contributions that are anonymous or in the name of another person are prohibited, as
is the use of public funds for political purposes. Note that all records concerning the
financial activity of the Political Committee must be retained for a period of two years.
The second step in forming a Political Committee is to file a Statement of Organization,
including Form D-1. Read §§ 5/9-3 and 5/9-4 for details.
*As defined by Section 9-1.8 of the Illinois Election Code (10 ILCS 5/9-1.8).
15 Legislative Tax Guide for Tax Year 2017
V. POLITICAL CAMPAIGNS
AND ORGANIZATIONS
16 Legislative Tax Guide for Tax Year 2017
After filing the Statement of Organization, the Political Committee next completes reports
indicating contributions, expenditures and any outstanding debts of the committee. The
committee must report all transactions with an aggregate value in excess of $150 on a form
provided by the State Board of Elections 30 days prior to the first day a report is due. Any
committee that has $10,000 or more in receipts, expenditures, or a balance at any time during
the reporting period, must file its disclosure report electronically. Furthermore once a committee
has qualified to file electronically, all subsequent reports must also be filed electronically. The
report must be dated and signed by the committee treasurer, or for a candidate committee, by
the treasurer or the candidate.
A committee must file a Form D-2 to disclose receipts, expenditures, debts and fund balances.
Quarterly reports for the periods ending March 31, June 30, September 30 and December 31
must be filed no later than 30 days from the close of each reporting period.
The Act requires that all contributions and expenditures that exceed $150 in the aggregate
during a reporting period be disclosed and itemized. The itemization is reported on the
schedules accompanying Form D-2. For example contributions that exceed $150 must be
reported on a Schedule A and all non-monetary donations received by the political committee
whose fair market value exceeds the $150 limit must be reported on Schedule I. There is no need
to itemize any contributions or expenditures that do not exceed $150. Simply provide a sum total
of all non-itemized transactions during the reporting period when filing Form D-2.
Political action committees that are either supporting or opposing candidates or are contesting
a referendum also file pre-election reports that have varied reporting periods. Pre-election
reports must be filed 30 days prior to an election and 15 days after the close of the designated
reporting period. The State Board of Elections determines the reporting periods for each
election.
A committee may also have to file a Schedule A-1 if it receives a contribution of more than $500
30 days prior to an election. Schedule A-1 includes the name and mailing address of the
contributor as well as the date and amount of the contribution. This also applies for contributions
of $1,000 or more from a single source.
The Campaign Financing Division reviews all reports filed to ensure that all political committees
are in apparent compliance with the law. Assistance with reporting and filing can easily be
obtained from the Division.
As noted earlier, Illinois does not regulate the spending of campaign funds. Such funds may be,
and often are, used for personal expenses. However, the Internal Revenue Service requires that
a candidate pay tax on any funds so used.
The definition of "expenditure" was changed to include "electioneering communication".
"Electioneering communication" is defined as "...any form of communication, in whatever
medium, including but not limited to, Internet communications, that refers to a clearly identified
candidate, candidates, or political party and is made within (i) 60 days before a general election
for the office sought by the candidate or (ii) 30 days before a primary election for the office
sought by the candidate". Certain exemptions are noted. This new law means that anyone
spending in excess of $3,000 on electioneering communications becomes a political committee
and must file a Statement of Organization and all subsequent reports.
Another change is the establishment of a civil penalty for the late filing of a Statement of
Organization. A D-1 Statement of Organization filed late shall result in a civil penalty on the
second late filing within a 2-year period. In addition, the Board of Elections or any other affected
committee may apply to the circuit court for a temporary restraining order or an injunction
against any committee failing to file its D-1 Statement of Organization.
V. POLITICAL CAMPAIGNS
AND ORGANIZATIONS
continued
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 17
This legislation also provides that a local political committee or a state/local political
committee filing electronically will no longer be required to file copies of its D-2 reports
with the county clerk if the following criteria are met. The county clerk must have the
capability to view and print political committee reports from the State Board of Elections
website. This filing waiver applies only to D-2 report forms.
FEDERAL REQUIREMENTS REGARDING
CAMPAIGN FINANCE DISCLOSURE
An individual who seeks to be elected to a federal office must comply with the Federal
Election Campaign Act and Federal Election Commission regulations contained in Title
11 of the Code of Federal Regulations.
An individual becomes a candidate for federal office and is thus required to register
with the FEC when campaign activity exceeds $5,000 in either contributions or
expenditures.
When the $5,000 threshold has been reached, the individual must designate a principal
campaign committee within 15 days. This designation is made by filing either a
Statement of Candidacy or a letter with the same information with the Secretary of State
in the state in which the candidate is running for office. The campaign committee must
then register within 10 days after it has been designated by the candidate by filing a
Statement of Organization with the Secretary of the Senate or the Clerk of the House of
Representatives.
The principal difference between Illinois and federal campaign finance laws is that
federal law regulates campaign contributions. Sometimes, politicians accustomed to
lenient state requirements are tripped up by the stricter federal requirements. Some of
these politicians have gone to jail for violations.
Under the federal act, contribution limits have changed along with allowing previously
prohibited contributions to be made. A complete guide of federal regulations can be
found at www.fec.gov/disclosure.
Record-keeping under federal law is similar to that required under Illinois law as
discussed earlier. The treasurer is responsible for keeping all records on the
contributions made for three years after the report or statement has been filed. If the
contribution exceeds $50, records must disclose the amount, date of receipt and the
donor's name and address. Unlike Illinois law, however, federal law requires the record
to identify the occupation of the donor when the contribution exceeds $200. Record-
keeping for disbursements is similar to record-keeping of contributions. Records must
show figures for total disbursements by the committee. All disbursements, except those
from a petty cash fund, must be drawn by check or similar draft on the campaign
depository. Petty cash disbursements cannot exceed $100 and must be documented.
All reports must be filed with the FEC, the principal campaign committee and the
Secretary of State. The treasurer must file all reports on time as the Commission does
not grant extensions. Reports are filed quarterly, 12 days before an election and 20
days following an election. A report must also be filed for last-minute (less than 20 days
but more than 48 hours before an election) contributions that exceed $1,000.
17 Legislative Tax Guide for Tax Year 2017
V. POLITICAL CAMPAIGNS
AND ORGANIZATIONS
continued
18 Legislative Tax Guide for Tax Year 2017
Itemization of receipts and disbursements is also required under federal guidelines.
Finally, federal campaign funds may not be converted to personal use.
Recent cases show that by not adhering to the formalities described above a politician could
become personally liable for campaign debts.
B. How Political Organizations Are Taxed
1. What is a "Political Organization"?
The Internal Revenue Code (26 U.S.C. Subtitle A Chapter 1) in §527(e)(1) defines a "political
organization" as a party, committee or association organized and operated primarily for the
purpose of directly or indirectly accepting contributions and/or making expenditures for
influencing or attempting to influence the selection, nomination, election or appointment of
specific types of federal or state officials.
2. What are the Filing Requirements?
A political organization is exempt from taxation just like a charity or other tax-exempt
organization is. The exemption from federal taxation applies only to income substantially related
to the exempt function of the organization (see paragraph preceding this one). If the income
does not meet this definition it is then called "unrelated trade or business income"(UBIT).
Examples include net investment income and rental income on property not used for the exempt
function (§527(c)(1)). See section 3 for more detail.
The political organization is treated as a corporation and its taxable income is taxed at the
highest corporate rate (currently 35%).
Please note that candidates for state and local offices are not eligible for the Special Rule for
Principal Campaign Committees (§527(h)(2)(A)) which permits candidates to use regular
corporate rates. This is available only to candidates seeking election to the U.S. Congress.
The current disclosure requirements by the IRS are:
(a) disclose their existence, purpose and staff personnel
(b) disclose their expenditures and contributors
(c) file income returns under §6012(a)(6)
The disclosures under (a) are reported on form 8871 (Political Organization Notice of Section
527 Status). The form is due 24 hours after the organization is formed. It would be prudent to
make sure the formation of the organization is not final until the form can be prepared. The
information on the form will published on the IRS's web site and available for inspection at its
offices. Failure to provide this disclosure may result in all income including exempt function
income being subject to taxation according to IRC Sec. 527(i)(4).
Form 8872 (Political Organization Report of Contributions and Expenditures) takes care of the
disclosures under (b). In non-election years form 8872 must be filed either semi-annually or
monthly. In election years it's quarterly or monthly with connections to election dates. These
forms will also be made available for public inspection by the IRS. The organizations that file this
form must make it available for inspection by the public during business hours as well. Failure to
provide this disclosure may result in all income including exempt function income being subject
to taxation according to IRC Sec. 527(j)(1).
V. POLITICAL CAMPAIGNS
AND ORGANIZATIONS
continued
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 19
Political organizations with gross receipts of $25,000 or more and certain state and
local political organizations with gross receipts of $100,000 or more must also file IRS
Form 990 on an annual basis (IRC §6033(g)).
Penalties for non-compliance are in §§6104(d) and 6652(c) as amended.
The third form required of political organizations is, as before, form 1120-POL which is
due two and one-half months after the close of the organization's taxable year, subject
to extensions. This form reports taxable income for certain political organizations.
3. Exempt Function Income vs. Taxable Income
a. The exempt function income is not included in computing taxable income.
Examples include (but are not necessarily limited to) membership dues, fees,
assessments, fund-raising from breakfasts, dinners, sale of bumper-stickers or
buttons and sometimes even bingo games. Campaign contributions are also
exempt, even those transferred from one bank account to another. If any are
diverted to non-campaign use, the amount so diverted is taxable income.
(§527(c)(3)).
b. The taxable income of a political organization is the reportable gross income for
the taxable year less deductions directly connected with the production of gross
income. The law allows a specific deduction of $100 but does not allow any net
operating loss or special deductions, such as the dividend received deduction,
among others. Typical sources of reportable gross income are interest,
dividends, net gains from the sale of securities and rental of unused office space
(§527(c)(1)). Net capital losses do not offset taxable income but can be carried
forward or backwards to offset future or past capital gains respectively.
c. Expenses of political organization are two types: direct and indirect. Direct
expenses are those directly connected with the production of Unrelated Business
Income (i.e. interest, dividends, rents, etc.). These expenses are allowable
deductions in computing taxable income pursuant to Reg. §1.527-4(c)(2).
Indirect expenses are those not directly connected with the production of
Unrelated Business Income. These expenses may include campaign
expenditures and general administrative expenses.
For indirect expenses that have a dual purpose and a portion of the expense
may be attributable to the production of income, the allocable portion may be
deductible in computing taxable income. For example, assume that a political
organization pays a manager a salary of $10,000 a year and that it derives
taxable income. If 10% of the manager’s time during the year is devoted to
deriving the organization’s gross income (other than exempt function), a
deduction of $1,000 (10% of $10,000) may be allowed in computing the
organization’s taxable income (Reg. §1.527-4(c)(3)).
d. Political organizations that make charitable contributions are not allowed to
deduct such contributions under IRC Sec. 527(d).
4. Miscellaneous Tax Considerations
a. Political organizations are not required to make estimated payments of
income tax.
b. Any campaign funds used directly or indirectly for the personal benefit of the
candidate may become taxable income to the candidate. Reimbursements for out-
of-pocket campaign costs are not considered taxable.
19 Legislative Tax Guide for Tax Year 2017
V. POLITICAL CAMPAIGNS
AND ORGANIZATIONS
continued
20 Legislative Tax Guide for Tax Year 2017
c. The official office expense allowance given at the beginning of each session for telephone,
stationery and travel are not taxable and the expenses (naturally) are not deductible.
d. Occasionally, a member of the Legislature will solicit funds from constituents to establish a
legislative intern program. The funds solicited for this purpose must be included in the
member's income. The amount paid to the intern can be deducted as a miscellaneous
deduction on the member's individual form 1040 on schedule A. (Rev.Rul. 75-146, 1975-1
C.B. 23) The deduction is disallowed if the intern is employed for campaign or political
purposes.
e. Election Workers-Election workers are individuals who are generally employed to perform
services for state and local governments at election booths in connection with national, state
or local elections. Governments typically pay election workers a set fee for each day of work.
Election workers' wages are included in gross income as compensation for services.
Generally for amounts paid less than $1,100 (indexed to inflation) no FICA or medicare is
withheld.
f. Legislation enacted in 2002 made changes in filing requirements for state and local political
organizations. Political organizations are now required to file Form 8871 electronically. If a
material change has occurred a political organization is required to file an amended Form
8871 within 30 days. Additionally, if the political organization is terminated, a final notice
must be filed. Certain organizations are not required to file a Form 8871 notice. These
organizations are: political committees required to report to the Federal Election
Commission, state and local political committees, and any organization that anticipates to
receive less than $25,000 in a tax year (IRC §527(i)). Political organizations that have
contributions or expenditures exceeding $50,000 are now required to file Form 8872
electronically according to IRC §527(j)(7).
V. POLITICAL CAMPAIGNS
AND ORGANIZATIONS
continued
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 21
A. General
Deductions for travel, transportation and entertainment expenditures are allowed only if
a taxpayer has adequate records to substantiate the amount, time, place and business
purpose of the expenditure. Additionally, certain expenditures require that the business
relationship to others involved (e.g., person being entertained) also be recorded.
This general rule applies to all such expenditures whether incurred while away from
home or while conducting business locally. To the extent that a taxpayer is unable to
satisfy the record-keeping tests, the deduction is lost.
For a more detailed discussion of the rules covering deductibility, see Section IV--
Employee Business Expenses Deductible from Adjusted Gross Income.
B. Elements of Recording Expenses
1. Travel
Travel expenses are costs incurred while you are conducting business away from
home and are required to remain overnight or for a period requiring sleep or rest.
Travel expenses include not only the cost of travel to and from your destination, but
also the cost of meals, lodging, local transportation and commuting, as well as
other ancillary costs incurred while you are away from home.
Proper substantiation of travel expenses requires that you record:
a. Each amount spent for travel while away from home. You can treat as one
expenditure total meal expenses (breakfast, lunch and dinner) incurred in one
day. Tips may be aggregated with the expense of the services to which they
relate. Other expenses that may be grouped include gasoline and oil, taxi, and
telephone calls. The costs of travel by automobile may be substantiated
through a mileage record.
If you have a residence outside of Springfield and make the special election
referred to previously, you will be treated as having expended the appropriate
per diem amount for living expenses (meals, lodging, laundry and related
incidental living expenses). Therefore, you will not be required to keep a
detailed record of your actual expenses. In this case, you need only document
the transportation, telephone and other similar expenses of your travel;
b. The dates of departure and return, and the number of days spent on business;
c. The destination or locality of your travel, designated by the name of the city,
town or similar description; and
d. The business purpose of the trip, or the business benefit derived or expected
to be derived as a result of the travel.
2. Transportation
Deductible transportation costs include automobile operating and maintenance
costs, as well as air, rail, bus and taxi fares you incur while traveling for business
21 Legislative Tax Guide for Tax Year 2017
VI. RECORD KEEPING
AND SUBSTANTIATION
22 Legislative Tax Guide for Tax Year 2017
but not away from home. Thus, meal and lodging costs in your own locality are not
deductible unless they qualify as entertainment expense (discussed below). Proper
substantiation of transportation expenses requires that you be able to prove:
a. The amount of each separate expenditure (including the cost of acquisition of an
automobile, lease payments, and maintenance and repair costs);
b. The amount of each individual use of property for business purposes (by mileage for
automobiles) and the total of such use for the year;
c. The date of the expenditure or use of your automobile; and
d. The business purpose of the expenditure or use of your automobile. While
contemporaneous records are no longer required for business transportation costs,
adequate records made at or around the time expenses are incurred will provide the
best support for your deductions.
3. Entertainment
To be deductible, entertainment expenses including business meals must be adequately
documented and may not be approximated. You must record:
a. The amount of each separate meal or entertainment expense, except for incidental items,
such as taxi fares and telephone calls which may be totaled on a daily basis;
b. The date the meal or entertainment took place;
c. The name (if any), address or location, and the type of meal or entertainment, such as
dinner or theater, if the information is not apparent from the name of the place;
d. The reason for the meal or entertainment, or the business benefit gained or expected to
be gained, and the nature of any business discussion or activity that took place;
e. The occupation or other information about the person or persons for whom the meal or
entertainment expense is being claimed. Include name, title, or other designation
sufficient to establish the business relationship to you; and
f. Your presence (or your employee's) at a business meal.
4. Business Gifts
No deduction is available for business gifts to the extent that the total gifts during the year
exceed $25 per person. Gifts are counted for the $25 per person limitation whether made
directly or indirectly. Record the following for business gifts:
a. The cost and a description of the gift;
b. The date upon which the gift was made;
c. The business reason or the benefit derived or expected as a result of the gift; and
VI. RECORD KEEPING
AND SUBSTANTIATION
continued
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 23
d. The relationship of the recipient to the taxpayer, including his/her name, title or
other designation sufficient to establish such a relationship. (It is not necessary
to record the recipient's name in certain situations; if the business relationship of
the gift is clear, and it is apparent the taxpayer is not attempting to avoid the
$25-per-donee limitation.
Thus, if a taxpayer purchased a large number of inexpensive tickets to a local
high school basketball game, and distributes one or two of them to each of a
large number of constituents, he/she need not record the names of the
recipients. However, he/she must still substantiate the cost, date, description
and business purpose of the gift.)
Exceptions. The following are not considered gifts subject to the $25 limit:
An item that costs $4 or less, on which your name is clearly and permanently
imprinted, and which is one of a number of identical items you widely distribute.
This includes items such as pens, desk sets, plastic bags and cases, signs,
display racks, or other promotional material to be used on the business premises
of the recipient.
Incidental costs, such as engraving on jewelry, or packaging, insuring, and
mailing, are generally not included in determining the cost of a gift for purposes
of the $25 rule.
C. Adequate Records
1. Recording Expenses
You should record your transportation, travel, entertainment and business gift
expenses in an account book or diary at the time you incur the expense. As
mentioned above, although contemporaneous record keeping is no longer
required for transportation expenses, maintaining a diary or log would constitute
the best evidence to support the deductions.
Confidential or highly sensitive information need not be recorded in a diary or
account book. However, the taxpayer should be ready to submit substantiation of
the expenditure to the district director of the IRS during an audit if he/she is to
obtain a deduction for the expenditure.
2. Substantiation
You should be ready to prove each diary entry and support your claims for
deduction with receipts, paid bills or similar evidence. You are required to verify an
expenditure for lodging while traveling away from home and any other
expenditures for $75 or more, but documentary evidence will not be required for
transportation. Although expenditures of $75 or less do not need to be
substantiated with receipts or other support, they must still be tied in with the
business purpose and proved if necessary.
Usually, a receipt will suffice if it contains enough information to establish the
amount, date, place and type of expense. Thus, a hotel receipt should include the
23 Legislative Tax Guide for Tax Year 2017
VI. RECORD KEEPING
AND SUBSTANTIATION
continued
24 Legislative Tax Guide for Tax Year 2017
name, location, date and the separate charges for lodging, meals, telephone and so on, if it
is to serve as adequate substantiation of a business travel expense. Similarly, a restaurant
receipt must indicate the name and location of the restaurant, the date, and the charge for
food, beverages and other items. Generally, a cancelled check does not constitute
adequate documentary evidence, since it does not detail the items composing the total
expenditure. However, a cancelled check in connection with the payee's bill typically will be
sufficient to substantiate the business nature of an expenditure.
The required detail is also important to determine the proper allocation between personal
and business expenses. when necessary. Also, if expenses incurred with respect to certain
persons such as spouses are not deductible, evidence of the cost must be available.
Otherwise, they will be deemed to bear a proportionate share of the total costs.
Instead of deducting the actual cost of your meals while you are traveling away from home
for business, you can deduct a standard amount. This amount is deemed to be
substantiated but you must still prove the actual expenses of your other travel costs as well
as the time, place, and business purpose of your travel.
D. Example of Mileage and Expense Record
The Appendix of Forms section shows the type of record- keeping suggested for your expenses.
Adequate records of other types of expenses also should be maintained.
VI. RECORD KEEPING
AND SUBSTANTIATION
continued
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
Legislative Tax Guide 2016 25
Name:_____________________________________________________
City:____________________________ State: _______ Zip:_________
Social Security Number: _________________________ Taxable Year
___________________________________________________________
ELECTION UNDER SECTION 162(h) OF THE INTERNAL
REVENUE CODE.
Taxpayer elects under the above Section to designate as his home
his place of residence within the legislative district which he
represented.
Taxpayer was an Illinois State Legislator representing __________
(Legislative District) for the period beginning ___________ and
ending __________________________________________.
This election therefore applied to taxable years ___________.
If this election is for a year beginning after December 31, 1980, the
taxpayer hereby states that his place of residence is ___________
* miles from the State Capitol Building.
* Must be in excess of 50 miles.
25 Legislative Tax Guide for Tax Year 2017
APPENDIX OF FORMS
26 Legislative Tax Guide for Tax Year 2017
RECORD KEEPING REQUIREMENTS FOR
TRAVEL, ENTERTAINMENT AND GIFTS
Factors to be proved in substantiating elements in column 1
Elements to be
substantiated
(1)
Expenditures for Travel
Away from home
(2)
Expenditures for
automobile travel and
transportation
(3)
Expenditures for
entertainment
(4)
Expenditures
for gifts
(5)
Amount Amount of each separate
expenditure for transportation,
lodging and meals. Permissible
to aggregate incidental
expenses in reasonable
categories, such as taxis, daily
meals, etc.
Cost of travel by automobile
may be substantiated by using
the standard mileage rate.
Under actual method, amount
of operating expenses must be
substantiated. Mileage for each
business use and for the year.
Amount of each separate
expenditure. Incidental items
such as taxis, telephones, etc.
may be aggregated on a daily
basis
Cost of gift (limited to $25 per
donee.)
Time Dates of departure and return
for each trip, and number of
days attributable to business
activities.
Date of travel must be noted in
log. One entry can be made for
round trip.
Date of entertainment or use of
a facility for entertainment.
(Duration of business
discussion if entertainment
before or after.)
Date of gift made
Place Destination by name of city or
other appropriate designation.
Destination and number of
miles must be noted in log.
Name and address or similar
designation of place of
entertainment. Type of
entertainment if not otherwise
apparent. (Place of business
discussion if entertainment
before or after.)
Not Applicable
Description Not applicable Not applicable Not applicable Description of Gift
Business Purpose Business purpose of the trip so
as to establish that expenses
were directly related to the
active conduct of your business
Business purpose of the
automobile trip must be noted
in log. Name of driver must be
noted if someone other than
yourself is driving.
Business purpose of the
entertainment so as to
establish that expenses were
directly related to the active
conduct of your business.
Nature of business discussion
or activity. Benefit gained or
expected.
Business purpose for making
the gift or nature of business
benefit derived or expected to
be derived.
Business Relationship Not applicable Not applicable Not applicable occupations or
other information- such as
names or other designations-
about persons entertained
which establish their business
relationship to you.
(identification of persons
entertained in business
discussion.)
Occupation or other
information- such as name or
other designation-about
recipient which establishes
business relationship to you.
With respect to a deduction for entertainment expenses (Column 4). If the deduction is claimed on the basis that it was directly related
to the active conduct of your business, only the factors not enclosed in parentheses must be proved. If the deduction is claimed on
the basis that it was associated with the active conduct of your business and was directly proceeded or followed by a substantial and
bona fide business discussion, the factors enclosed in parentheses as well as those not in parentheses, must be proved.
TAX GUIDE FOR TAX YEAR 2017
EXCLUSIVELY FOR MEMBERS OF THE
ILLINOIS GENERAL ASSEMBLY
D-1
FORM STATEMENT OF ORGANIZATION
PLEASE TYPE OR PRINT IN BLACK INK
FOR OFFICE USE ONLY
POLITICAL COMMITTEE
IDENTIFICATION #
SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR GUIDANCE
1
2 3
4
5
6
7
DATE COMMITTEE CREATED:
AMOUNT OF FUNDS AVAILABLE AS OF
CREATION DATE: $________________
NEW COMMITTEE
AMENDMENT
REACTIVATING
BEFORE AN ELECTION)
(MUST BE FILED WITHIN 10 DAYS OF CREATION, OR WITHIN 2 DAYS IF CREATED WITHIN 30 DAYS
(MUST BE FILED WITHIN 10 DAYS OF ANY CHANGES. ENTER ONLY THOSE CHANGES FROM LAST D-1 ON FILE.)
POLITICAL COMMITTEE DESIGNATION (ALL COMMITTEES CHOOSE ONLY ONE)
CANDIDATE POLITICAL COMMITTEE*
*For purposes of contribu on limits and repor ng requirements, a Candidate Poli cal Commi ee suppor ng a candidate for mul ple
This o ce is: ________________________________________
o ces elected at di erent elec ons must designate an elec on cycle by lis ng the o ce currently sought.
POLITICAL ACTION COMMITTEE
POLITICAL PARTY COMMITTEE
BALLOT INITIATIVE COMMITTEE
INDEPENDENT EXPENDITURE COMMITTEE
POLITICAL COMMITTEE’S AREA OF ACTIVITY, SCOPE, AND PARTY AFFILIATION
A. THIS COMMITTEE WILL PRIMARILY OPERATE IN THE FOLLOWING COUNTIES OR DISTRICTS:
(if opera ng statewide or suppor ng/opposing statewide candidates or ballot ini a ves, leave blank.)
__________________________________________________________________________
B. POLITICAL PARTY AFFILIATION: ______________________________
C. NAME AND ADDRESS OF EACH SPONSORING ENTITY (if applicable):
PURPOSE OF THE POLITICAL COMMITTEE
CANDIDATE(S) THE COMMITTEE IS SUPPORTING OR OPPOSING (IF AMENDING, LIST ALL AS OF TODAY’S DATE.)
NAME AND ADDRESS SUPPORT OPPOSE OFFICE PARTY
IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS.
THIS FORM MAY BE REPRODUCED PAGE 1 OF 2 Revised 7/17
Full name and complete mailing address of Poli cal Commi ee:
CHECK FOR ADDRESS CHANGE
CHECK HERE TO RECEIVE REPORT NOTIFICATIONS VIA E-MAIL ONLY
E-MAIL ADDRESS:
COMMITTEE NAME: POLITICAL COMMITTEE ID #:
8 REQUIRED COMMITTEE OFFICERS:
POSITION
CHAIRMAN
TREASURER
NAME ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS
9 POSITION, NAME AND ADDRESS OF EACH CUSTODIAN OF THE COMMITTEE’S ACCOUNTS (IF DIFFERENT THAN OFFICERS)
POSITION NAME ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS
10 FINANCIAL INSTITUTIONS AND OTHER REPOSITORIES OF COMMITTEE FUNDS
NAME ADDRESS AND PHONE NUMBER
11
DISPOSITION OF RESIDUAL FUNDS IN THE EVENT OF DISSOLUTION OR TERMINATION OF THE COMMITTEE
RETURN TO CONTRIBUTORS IN AMOUNTS NOT TO EXCEED THEIR INDIVIDUAL CONTRIBUTIONS
TRANSFER TO ANOTHER POLITICAL COMMITTEE: ________________________________________
TRANSFER TO A CHRITABLE ORGANIZATION: ________________________________________
IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS
VERIFICATION: BALLOT INITIATIVE COMMITTEE ONLY
I DECLARE THAT THIS BALLOT INITIATIVE COMMITTEE IS FORMED FOR THE PURPOSE OF SUPPORTING OR OPPOSING A QUESTION OF PUBLIC POLICY. ALL CONTRIBUTIONS AND EXPENDITURES OF
THE COMMITTEE WILL BE USED FOR THE PURPOSE DESCRIBED IN THIS STATEMENT OF ORGANIZATION. THE COMMITTEE MAY ACCEPT UNLIMITED CONTRIBUTIONS FROM ANY SOURCE, PROVIDED
THAT THIS BALLOT INITIATIVE COMMITTEE DOES NOT MAKE CONTRIBUTIONS OR EXPENDITURES IN SUPPORT OF OR OPPOSITION TO A CANDIDATE OR CANDIDATES FOR NOMINATION FOR
ELECTION, OR RETENTION, AND FAILURE TO ABIDE BY THESE REQUIREMENTS SHALL DEEM THIS COMMITTEE IN VIOLATION OF THIS ARTICLE (10 ILCS 5/9).
PRINTED AND WRITTEN SIGNATURE OF COMMITTEE CHAIRPERSON DATE
VERIFICATION: INDEPENDENT EXPENDITURE COMMITTEE ONLY
I DECLARE THAT (i) THIS INDEPENDENT EXPENDITURE COMMITTEE IS FORMED FOR THE EXCLUSIVE PURPOSE OF MAKING INDEPENDENT EXPENDITURES, (ii) ALL CONTRIBUTIONS AND
EXPENDITURES OF THE COMMITTEE WILL BE USED FOR THE PURPOSE DESCRIBED IN THIS STATEMENT OF ORGANIZATION, (iii) THE COMMITTEE MAY ACCEPT UNLIMITED CONTRIBUTIONS FROM
ANY SOURCE, PROVIDED THAT THE INDEPENDENT EXPENDITURE COMMITTEE DOES NOT MAKE CONTRIBUTIONS TO ANY CANDIDATE POLITICAL COMMITTEE, POLITICAL PARTY COMMITTEE, OR
POLITICAL ACTION COMMITTEE, AND (iv) FAILURE TO ABIDE BY THESE REQUIREMENTS SHALL DEEM THE COMMITTEE IN VIOLATION OF THIS ARTICLE (10 ILCS 5/9).
PRINTED AND WRITTEN SIGNATURE OF COMMITTEE CHAIRPERSON DATE
VERIFICATION: ALL POLITICAL COMMITTEES
I DECLARE THAT THIS STATEMENT OF ORGANIZATION (INCLUDING ANY ACCOMPANYING SCHEDULES AND STATEMENTS) HAS BEEN EXAMINED BY ME AND, TO THE BEST OF MY KNOWLEDGE AND
BELIEF, IS A TRUE, CORRECT, AND COMPLETE STATEMENT OF ORGANIZATION AS REQUIRED BY ARTICLE 9 OF THE ELECTION CODE. I UNDERSTAND THAT WILLFULLY FILING A FALSE OR IMCOMPLETE
STATEMENT OF ORGANIZATION IS SUBJECT TO A CIVIL PENALTY OF AT LEAST $1,001 AND UP TO $5,000.
PRINTED AND WRITTEN SIGNATURE OF TREASURER OR CANDIDATE DATE
THE ILLINOIS STATE BOARD OF ELECTIONS REQUIRES THE DISCLOSURE OF INFORMATION THAT IS NECESSARY IF YOU QUALIFY AS A POLITICAL COMMITTEE AS OUTLINED UNDER PUBLIC ACT 78-
1183. WILLFUL FAILURE TO FILE OR WILLFUL FILING OF FALSE OR INCOMPLETE INFORMATION REQUIRED BY THIS ARTICLE SHALL CONSTITUTE A BUSINESS OFFENSE SUBJECT TO A FINE OF UP TO
$5,000. THIS FORM IS IN COMPLIANCE WITH THE FORMS MANAGEMENT PROGRAM ACT.
ALL POLITICAL COMMITTEES RETURN TO:
STATE BOARD OF ELECTIONS STATE BOARD OF ELECTIONS
2329 S MacARTHUR BLVD JAMES R THOMPSON CENTER
SPRINGFIELD, IL 62704-4503 100 W RANDOLPH ST, STE 14-100
CHICAGO, IL 60601-3232
FAX: 217-782-5959 FAX: 312-814-6485E-MAIL: D1@ELECTIONS.IL.GOV (D-1s ONLY) E-MAIL: D1@ELECTIONS.IL.GOV (D-1s ONLY)
PAGE 2 OF 2www.elec ons.il.gov
FORM
D-2
REPORT OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
CHECK APPROPRIATE BOXES—PLEASE TYPE OR PRINT IN BLACK INK
Quarterly Report:
(Check one:) 1st
2nd
3rd
4th
Final Report
Amendment of the Report Indicated Above
FOR OFFICE USE ONLY
Full name and complete mailing address of Poli cal Commi ee:
COMMITTEE ID #
CHECK FOR ADDRESS CHANGE
E-mail address: CHECK FOR E-MAIL ADDRESS CHANGE
REPORTING PERIOD CASH AVAILABLE AT BEGINNING
OF REPORTING PERIOD:
$
Repeat this amount in SECTION D, Line (A)FROM THRU
ALL POLITICAL COMMITTEES RETURN TO:
STATE BOARD OF ELECTIONS STATE BOARD OF ELECTIONS
2329 S MacARTHUR BLVD JAMES R THOMPSON CENTER
SPRINGFIELD, IL 62704-4503 100 W RANDOLPH, STE 14-100
CHICAGO, IL 60601-3232
OR
VERIFICATION: I DECLARE THAT THIS QUARTERLY REPORT OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES (INCLUDING ACCOMPANYING SCHEDULES AND
STATEMENTS) HAS BEEN EXAMINED BY ME AND TO THE BEST THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE, CORRECT AND COMPLETE REPORT AS REQUIRED BY
ARTICLE 9 OF THE ELECTION CODE. I UNDERSTAND THAT WILLFULLY FILING A FALSE OR INCOMPLETE STATEMENT IS SUBJECT TO A CIVIL PENALTY OF AT LEAST $1001 AND
UP TO $5000.
PAGE 1 OF 2THIS FORM MAY BE REPRODUCED REVISED 7/17
SECTION A — RECEIPTS SECTION B — EXPENDITURES
SIGNATURE OF COMMITTEE TREASURER OR CANDIDATE DATE
1. Individual Contribu ons
a. Itemized (from Schedule A): $_______________(1a)
b. Not-Itemized: $_______________(1b)
2. Transfers In
a. Itemized (from Schedule A): $_______________(2a)
b. Not-Itemized: $_______________(2b)
3. Loans Received
a. Itemized (from Schedule A): $_______________(3a)
b. Not-Itemized $_______________(3b)
4. Other Receipts
a. Itemized (from Schedule A): $_______________(4a)
b. Not-Itemized $_______________(4b)
TOTAL RECEIPTS (1a thru 4b) $_______________(TR)
*******************************************************
Name and address of person submi ng this report if other
than the commi ee’s Chairman or Treasurer:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
*******************************************************
SECTION C — DEBTS AND OBLIGATIONS
(Include previously reported unpaid debts)
*******************************************************
SECTION D — CASH BALANCE
Cash available at beginning of
repor ng period: $_______________ (A)
Total Receipts from Sec on A (TR): $_______________ (B)
Total cash (A) plus (B): $_______________ (C)
Total Expenditures from Sec on B (TE): $_______________ (D)
Funds available at close of
repor ng period (C minus D) : $_______________ (E)
Investments total (if applicable): $_______________ (F)
*******************************************************
5. In-Kind Contribu ons
a. Itemized (from Schedule I): $_______________(5a)
b. Not-Itemized $_______________(5b)
TOTAL IN-KIND (5a + 5b) $_______________(TI)
6. Transfers Out
a. Itemized (from Schedule B): $_______________(6a)
b. Not-Itemized: $_______________(6b)
7. Loans Made
a. Itemized (from Schedule B): $_______________(7a)
b. Not-Itemized: $_______________(7b)
8. Expenditures
a. Itemized (from Schedule B): $_______________(8a)
b. Not-Itemized $_______________(8b)
9. Independent Expenditures
a. Itemized (from Schedule B-9): $_______________(9a)
b. Not-Itemized $_______________(9b)
TOTAL EXPENDITURES (6a thru 9b)$_______________(TE)
10. a. Itemized (from Schedule C): $_______________(10a)
b. Not-Itemized $_______________(10b)
TOTAL DEBTS & OBLIGATIONS $_______________
INSTRUCTIONS FOR COMPLETION OF THIS D-2 FORM
SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR ADDITIONAL GUIDANCE
Reports must be postmarked at least 72 hours prior to the ling deadline to be considered a mely ling if received a er the deadline.
These instruc ons are a step-by-step guide for the comple on of the Form D-2: Report of Campaign Contribu ons and
Expenditures. If further clari ca on is needed, please contact the State Board of Elec ons
1. Check the applicable box(es) for the type of report being led.
2. If this is an amendment, check all applicable boxes, a ach form DESCRIPTION OF AMENDED INFORMATION and list the
reason(s) for the amendment.
3. Enter the name and address of the poli cal commi ee. Check box if address has changed. List the repor ng period of
the required report. List the cash available—this amount should include both checking and savings account balance.
Repeat this amount in Sec on D, line (A).
4. Enter the commi ee iden ca on number in the box marked COMMITTEE ID #.
5. Commi ee Treasurer or Candidate must sign and date the report. Unsigned or undated reports will be returned for
signature and date. Persons preparing the report who are not the commi ee Treasurer or Chairman are to list their
name and address in the space provided in the bo om le .
SECTION A - RECEIPTS
1. Individual Contribu ons: Include cket and ra e sales. Amounts in excess of $150 must be itemized on a Schedule A,
Part 1, and reported on Line 1a. If a contributor is an individual who contributed more than $500, include the employer
and occupa on of that individual on that Schedule A. Total all other individual amounts ($150 or less) and report on
Line 1b.
2. Transfers In: Contribu ons from poli cal commi ees, including cket and ra e sales. Amounts in excess of $150
must be itemized on a Schedule A, Part 2, and reported on Line 2a. Total all other Transfers In ($150 or less) and report
on Line 2b.
3. Loans Received: Amounts in excess of $150 must be itemized on a Schedule A, Part 3, and reported on Line 3a.
Include endorsers, if any. If an endorser or lender is an individual who endorses or lends the commi ee more than
$500, include the employer and occupa on of that individual on that Schedule A. Total other loans and report on Line
3b.
4. Other Receipts: Include refunds, liquida on of assets, liquida on of investments, and receipts not re ected in Parts
1-3. Amounts in excess of $150 must be itemized on a Schedule A, Part 4, and reported on Line 4a. Total all other
receipts and report on Line 4b.
5. In-Kind Contribu ons: Contribu ons other than cash and valued in excess of $150 must be itemized on a Schedule I
and reported on Line 5a. Total all other in-kind contribu ons and report on Line 5b. If a contributor is an individual who
contributes an in-kind with value in excess of $500, include the employer and occupa on of that individual.
SECTION B - EXPENDITURES
6. Transfers Out: Expenditures made to other poli cal commi ees, including ckets and ra e purchases. Amounts in
excess of $150 must be itemized on a Schedule B, Part 6, and reported on Line 6a. Total all other transfers out and
report on Line 6b.
7. Loans Made: Amounts in excess of $150 must be itemized on a Schedule B, Part 7 and reported on Line 7a. Total all
other loans made and report on Line 7b.
8. Expenditures: Opera ng expenses, etc., to one vendor in excess of $150 must be itemized on a Schedule B, Part 8 and
reported on Line 8a. Total all other expenditures and report on Line 8b.
9. Independent Expenditures: Amounts in excess of $150 must be itemized on a Schedule B-9 and reported on Line 9a.
Total all other independent expenditures and report on Line 9b.
SECTION C - DEBTS AND OBLIGATIONS
10. Debts and Obliga ons: Outstanding debts as of the close of this repor ng period. Amounts in excess of $150 must be
itemized on a Schedule C and reported on Line 10a. All other debts and obliga ons are totaled and listed on Line 10b.
Include all unpaid debts from previous repor ng periods.
TOTAL DEBTS AND OBLIGATIONS: Add Lines 10a and 10b and list.
SECTION D - CASH BALANCE
Repeat the Cash Available gure on Line A, list total receipts on Line B, add together Lines A and B and list the total on
Line C. List total expenditures on Line D. Subtract Line D from Line C, and list the total on Line E. Line E must indicate
$0.00 for a Final Report.
Investment Total: Amount from Investment Schedule should be carried forward and listed on Line F.
_______________________________________________________________________________________________________________
THE ILLINOIS STATE BOARD OF ELECTIONS IS REQUESTING DISCLOSURE OF INFOMRATION THAT IS NECESSARTY IF YOU
QUALIFY AS A POLITICAL COMMITTEE, AS OUTLINED UNDER PUBLIC ACT 78-1183. DISCLOSURE OF THIS INFORMATION IS
REQUIRED. FAILURE TO PROVIDE ANY INFORMATION COULD RESULT IN A CIVIL PENALTY OF UP TO $5,000. THIS FORM IS IN
COMPLIANCE WITH THE FORMS MANAGEMENT PROGRAM ACT.
PAGE 2 of 2 www.elec ons.il.gov
NAME OF POLITICAL COMMITTEE: REPORTING PERIOD FOR OFFICE USE ONLY
FROM THRU
SCHEDULE A
RECEIPTS
CHECK THE PART OF FORM D-2, SECTION A, BEING ITEMIZED:
PART #1-
INDIVIDUAL CONTRIBUTIONS
INCLUDING TICKETS AND RAFFLE SALES PART #3-
LOANS RECEIVED
INCLUDING
ENDORSER
POLITICAL COMMITTEE
IDENTIFICATION
No.
PART #2-
TRANSFERS IN
POLITICAL COMMITTEE CONTRIBUTIONS
INCLUDING TICKET AND RAFFLE SALES
PART #4- OTHER RECEIPTS
SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR GUIDANCE.
ITEMIZED RECEIPTS
FULL NAME, MAILING ADDRESS, AND ZIP
CODE
DATE
RECEIVED
AMOUNT OF EACH RECEIPT
AGGREGATE
AMOUNT FOR THIS
REPORTING PERIOD
$ $
EMPLOYER: OCCUPATION:
$ $
EMPLOYER: OCCUPATION:
$ $
EMPLOYER: OCCUPATION:
$ $
EMPLOYER: OCCUPATION:
$ $
EMPLOYER: OCCUPATION:
$ $
EMPLOYER: OCCUPATION:
$
$
EMPLOYER: OCCUPATION:
$
$
EMPLOYER: OCCUPATION:
$ $
EMPLOYER: OCCUPATION:
USE A SEPARATE SCHEDULE A FOR EACH PARTS 1, 2, 3, & 4 TOTAL THIS PERIOD $ _______________
CHECK IF THIS IS THE LAST PAGE OF THIS PART ONLY
THIS FORM MAY BE REPRODUCED PAGE 1 of 2 REVISED 1/1/11
INSTRUCTIONS FOR COMPLETION OF THIS SCHEDULE A
SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR ADDITIONAL GUIDANCE.
1. Enter the name of political committee.
2. Enter the reporting period.
3. Place committee identification number in the box marked POLITICAL COMMITTEE IDENTIFICATION
NO..
4. Indicate the numbered part of form D-2, Section A, being itemized. Use a separate Schedule A for each
numbered part of Section A.
5. A receipt must be itemized if it exceeds $150 in aggregate from one source during the reporting period.
6. Each itemization shall be by full name and mailing address (including zip code) of the source as well as
the date received, the amount of each receipt, and the aggregate amount from that one source for the
reporting period.
7. Any contribution from a natural person or any loan from or endorsed by a natural person that exceeds
an amount in aggregate of $500 must include the employer and occupation of such person. If, after
making written and/or oral requests for this information, as outlined in Section100.160 of our rules and
regulations, the occupation and employer are still unknown, include a statement that the committee has
made a good faith effort to obtain the information.
8. Proceeds from fund raising activities shall be reported in Part 1 if received from individuals and in Part 2
if received from other political committees.
9. When itemizing loans, include endorsers and co-signers, if any.
10. The last page for each numbered part is to be totaled at the bottom of the last page.
11. This total is to be entered on the appropriate line of the D-2, Section A.
www.elections.il.gov PAGE 2 OF 2
SCHEDULE A-1
REPORT OF CAMPAIGN CONTRIBUTIONS OF $1000 OR MORE
FOR OFFICE USE ONLY
Full name and complete mailing address of Political Committee:
CHECK IF AN ADDRESS CHANGE
POLITICAL COMMITTEE
IDENTIFICATION No.
SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR GUIDANCE.
Note: Schedule A-1 reporting requirements now apply throughout the calendar year.
This form must be filed within 5 business days after receipt of any contribution of $1000 or more, or within 2 business
days if that receipt was within 30 days or less before the date of an election and the political committee supports or
opposes a candidate or public question on the ballot at that election or makes expenditures in excess of $500 on behalf
of or in opposition to a candidate(s), or a public question(s), on the ballot at that election by either:
1. HAND DELIVERY - to a State Board of Elections office (see bottom of form for addresses),
2. FACSIMILE - to (217)-782-5959 or (312)-814-6485. Please retain a confirmation transmission for your
records,
3. ELECTRONIC TRANSMISSION - If this political committee is required to file its reports electronically,
the Schedule A-1 must also be filed electronically.
Postal service or other mail services may be used. CAUTION; such services do not guarantee that the A-1 form will be
received by our office prior to the deadline. A POSTMARK IS NOT USED TO DETERMINE WHETHER AN A-1 FORM
HAS BEEN TIMELY FILED.
THESE CONTRIBUTIONS MUST ALSO BE REPORTED ON THE NEXT REGULARLY SCHEDULED FORM D-2 QUARTERLY REPORT,
SCHEDULE A OR SCHEDULE I.
RECEIVED FROM:
FULL NAME, MAILING ADDRESS, AND ZIP CODE
DATE AMOUNT
$
$
$
$
$
SIGNATURE OF TREASURER OR CANDIDATE DATE
Name and address of person submitting this report if other than the committee’s chairman or treasurer:
THE ILLINOIS STATE BOARD OF ELECTIONS IS REQUESTING DISCLOSURE OF INFORMATION THAT IS NECESSARY IF YOU QUALIFY AS A POLITICAL COMMITTEE AS OUTLINED UNDER PUBLIC ACT 78-1183, DISCLOSURE OF THIS
INFORMATION IS REQUIRED. FAILURE TO PROVIDE ANY INFORMATION COULD RESULT IN A FINE UP TO $5,000. THIS FORM IS IN COMPLIANCE WITH THE FORMS MANAGEMENT PROGRAM ACT
ALL POLITICAL COMMITTEES RETURN TO:
STATE BOARD OF ELECTIONS
2329 S MACARTHUR BLVD
SPRINGFIELD, IL 62704-4503
OR
STATE BOARD OF ELECTIONS
JAMES R. THOMPSON CENTER
100 W RANDOLPH ST, STE 14-100
CHICAGO, IL. 60601-3232
THIS FORM MAY BE REPRODUCED PAGE 1 OF 2 REVISED 6/3/16
INSTRUCTIONS FOR COMPLETION OF THIS SCHEDULE A-1 FORM
The State Board of Elections may impose fines for delinquent filing of a Schedule A-1 up to 150% of the
contribution(s) reported late if the violation is determined to be willful or wanton, and up to 50% of the
contribution(s) reported late if the violation is determined to be negligent or inadvertent.
*According to 10 ILCS 5/9-10(d) of the Act a contribution is received “on the date (i) a monetary contribution
was deposited in a bank, financial institution, or other repository of funds for the committee, (ii) the
date a committee receives notice a monetary contribution was deposited by an entity used to process
financial transactions by credit card or other entity used for processing a monetary contribution that
was deposited in a bank, financial institution, or other repository of funds for the committee, or (iii) the
public official, candidate, or political committee receives the notification of contribution of goods or
services.”
SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR ADDITIONAL
GUIDANCE.
1. A political committee shall file a report of any contribution(s) of $1,000 or more from a single source,
with the Board within 5 business days after receipt of the contribution(s), except that the report shall
be filed within 2 business days after receipt if (i) the contribution(s) is received 30 or fewer days
before the date of an election and (ii) the political committee supports or opposes a candidate or
public question on the ballot at that election or makes expenditures in excess of $500 on behalf of
or in opposition to a candidate, candidates, a public question, or public questions on the ballot at
that election. Note: Schedule A-1 reporting requirements now apply throughout the calendar
year.
2. Enter the name and mailing address of the political committee.
3. Enter the committee identification number in the box marked POLITICAL COMMITTEE
IDENTIFICATION NO.
4. List full name and mailing address (including zip code) of the contributor, date the contribution was
received, and the amount of the contribution(s).
5. A candidate’s own funds as well as Loans and In-Kind contributions must also be reported if they are
$1000 or more.
6. Information reported on this A-1 will be restated on the next regularly scheduled D-2 report form
Schedule A.
7. This form must be dated and signed by the treasurer or chairman.
8. If you are required by law to file your reports electronically, all A-1 reports must also be filed
electronically. For such committees, an A-1 will not be considered received until it is filed
electronically. If you need assistance, please contact the State Board of Elections.
9. Committees that are not required to file reports electronically may file A-1 reports in person, by facsimile
transmission or electronically.
10. Include the full name and mailing address of the person submitting the Schedule A-1 on behalf of the
committee, if other than the chairman or treasurer.
www.elections.il.gov PAGE 2 OF 2
NAME OF POLITICAL COMMITTEE: REPORTING PERIOD FOR OFFICE USE ONLY
FROM THRU
SCHEDULE B
EXPENDITURES
CHECK THE PART OF FORM D-2 BEING ITEMIZED: POLITICAL COMMITTEE
PART #6 TRANSFERS OUT
EXPENDITURES TO POLITICAL
COMMITTEES - INCLUDING TICKET &
RAFFLE PURCHASES
PART #7 LOANS MADE
IDENTIFICATION No.
PART #8 EXPENDITURES
SEE PAMPHLET ”A GUIDE TO CAMPAIGN DISCLOSURE” FOR GUIDANCE.
ITEMIZED EXPENDITURES
FULL NAME, MAILING ADDRESS, AND ZIP
CODE
DATE OF
EXPENDITURE
PURPOSE BENEFICIARY
AMOUNT OF EACH
EXPENDITURE THIS
REPORTING
PERIOD
AGGREGATE
AMOUNT THIS
REPORTING PERIOD
USE SEPARATE SCHEDULE B FOR EACH PARTS 6, 7, & 8 TOTAL THIS PERIOD $ __________________
CHECK IF LAST PAGE OF THIS SCHEDULE
THIS FORM MAY BE REPRODUCED PAGE 1 OF 2 REVISED 1/1/11
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly
2018 ICPAS Tax Guide for Members of the Illinois General Assembly

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2018 ICPAS Tax Guide for Members of the Illinois General Assembly

  • 1. FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 2.
  • 3. FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY Copyright 2017, Illinois CPA Society
  • 4. TO THE HONORABLE MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY: On behalf of more than 24,000 members of the Illinois CPA Society, we are delighted to present the TAX GUIDE FOR TAX YEAR 2017, exclusively for Members of the Illinois General Assembly. In your unique position as a member of the Illinois General Assembly, there are a number of federal income tax provisions applicable to you which do not apply to the ordinary citizen who lives and works in the same locality. The TAX GUIDE FOR TAX YEAR 2017, has been prepared in order to familiarize you with some important tax provisions which affect you. For example, the Tax Guide includes provisions detailing record-keeping requirements which are particularly important if you are to take complete advantage of the various deductions that apply to you. It also includes a section on campaign contributions and expenses, along with provisions on the tax treatment of the legislative per diem. Keep in mind, also, that the Illinois CPA Society stands ready, through its network of over 30 committees and task forces, to provide you with advice and counsel on any matters relating to issues before the General Assembly. Should you feel that professional analysis of any bills or other legislative issues would be helpful, the Illinois CPA Society would be pleased to provide such an analysis. We maintain a full-time office in Springfield in addition to our main office in Chicago. In addition, we are represented at the Capitol by the firm of Fletcher, O’Brien, Kaspar & Nottage, P.C. Best wishes for a successful legislative session! Sincerely, Todd Shapiro Martin Green President & CEO Vice President Government Relations
  • 5. CONTENTS TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY I. Introduction 1 II. Gross Income 2 A. General Rule 2 B. Inclusions 2 C. Exclusions 2 III. Deductions 4 A. Deductions Toward AGI 4 B. Deductions From AGI 4 C. Exemptions 7 D. Withholding and Estimated Payments 7 IV. Employee Business Expenses Deductible from Adjusted Gross Income 8 A. Travel 8 B. Entertainment Expenses 11 C. Transportation Expenses 12 D. Car Expenses 13 E. Home Office Expenses 13 F. Other Expenses 14 V. Political Campaigns and Organizations 15 A. Organization of Political Organizations. 15 B. How Political Organizations Are Taxed 18 VI. Record Keeping and Substantiation 21 A. General 21 B. Elements of Recording Expenses 21 1. Travel 21 2. Transportation 21 3. Entertainment 22 4. Business Gifts 22 C.Adequate Records 23 1. Recording Expenses 23 2. Substantiation 23 D.Example of Mileage and Expense Record. 24 Appendix of Forms 25 Record Keeping Requirements for Travel, Entertainment and Gifts 26
  • 7. I. INTRODUCTION The purpose of this publication is to assist you, the state legislator, with your personal tax planning and awareness. We have focused on those areas of taxation that specifically apply to you in your capacity as a state legislator. Much of the discussion is general and may apply to other trades or businesses. We have directed our discussions to situations, special rules and problems that apply to you. We have also attempted to clarify the mutually exclusive nature of the Internal Revenue law and laws regarding campaigns and political organizations. The material included in this guide was prepared and based on the tax laws in effect for 2017. The guide is not intended as the only resource for preparing your tax return. It is not designed as a comprehensive source of all items of income and deduction, a comprehensive guide to the reporting requirements for political campaigns and organizations, or a substitute for competent professional advice. We hope you find the information in this guide useful both personally and in your capacity as a state legislator as you consider various tax planning alternatives. The following members of Legislators Tax Guide Task Force wrote this guide: Chairman:  Victor V. Scimeca, Victor V. Scimeca, CPA, Wood Dale Anthony J. Pagliuco, Jr., Pagliuco Opalacz & Associates, P.C., Oak Brook Luis V. Plascencia, Luis V. Plascencia, CPA, Westchester QUESTIONS? The Illinois CPA Society will be happy to respond to questions that may arise as you review your Tax Guide. The ICPAS Government Affairs office is located at 524 South 2nd , Suite 504, Springfield, IL 62701, 217.789.7914 or 800.572.9870. Call or photocopy, complete and send this form to Martin Green, vice president of government relations at the above address. Or FAX your order 24 hours a day, by dialing 217.789.7924. Name: __________________________________________________________________________ Address: ________________________________________________________________________ City: ______________________________________ State: _________ Zip: __________________ Comments: ______________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ I would like ______ additional copies of the Tax Guide for Members of the Illinois General Assembly – Tax Year 2017 1 Legislative Tax Guide for Tax Year 2017 TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 8. 2 Legislative Tax Guide for Tax Year 2017 II. GROSS INCOME A. General Rule All wealth which flows to a taxpayer other than through gift, inheritance or as a return of capital is generally considered income. This includes profits and gains from any source. Gross income, in the broad sense, is income less tax exempt income. Exempt items are exclusions and should not be confused with deductions, which will be discussed elsewhere in this publication. B. Inclusions Generally, all compensation for services is included in gross income. A legislator's salary is includable in gross income for the year in which it is received. Other wages, honoraria, speakers' fees, etc., are also included in gross income when received. Rents from property whether residential or commercial, real estate or personal property, are includable in gross income. Royalties from publications of any type are also includable in gross income. Alimony payments received are includable in gross income. Amounts received as annuity payments are partially includable in gross income. Pension and retirement payments are fully includable in gross income if the recipient did not contribute to the cost of the pension and was not taxed on the employer's contributions. Social Security benefits may be partially includable in gross income, depending on the recipient's income level. Also, reimbursement or refunds may be includable in gross income if these expenses were deducted on a previous year's return as qualifying itemized deductions (Schedule A). Examples would be health insurance reimbursement and state income tax refunds. C. Exclusions In the case of Illinois legislators, transportation reimbursements are not includable in gross income, if they are made for either (1) the actual expenses, or (2) at the federal reimbursement rate for mileage. You must account for your business mileage to the state by submitting timely expense reports. If you provide the state with a proper accounting of your expenses then reimbursement of these expenses should not be included in your Form W-2. Living expense allowances received while attending sessions of the general assembly also are not includable in gross income. However, some portion of the living expense allowance may be includable in the income of legislators who live 50 miles or less from the state capitol. In addition, payments made directly to third parties for the operation of a district office are not includable in gross income by the legislator. Also, compensation to legislators which is deferred under the State of Illinois Deferred Compensation Program is excludable from gross income until received. TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 9. Legislative Tax Guide 2016 3 Life insurance proceeds received on the death of an insured are generally excluded from gross income as are dividends on life insurance and endowment policies. Workers’ compensation for personal injuries or sickness is also excluded from gross income. Accident and health benefits, as well as other fringe benefits, are typically excludable from gross income. Damages for personal injury are generally excludable from gross income. However, punitive damages and damages awarded for injury to one's business or professional reputation are generally includable in gross income. Non-physical injuries or sickness damages are not excludable. Campaign contributions are not includable in gross income, if they are segregated from the candidate's personal funds and used solely for political purposes. A state political committee must file certain reports with the State of Illinois. (See Section V, Political Campaigns and Organizations.) II. GROSS INCOME continued 3 Legislative Tax Guide for Tax Year 2017
  • 10. 4 Legislative Tax Guide for Tax Year 2017 III. DEDUCTIONS Deductions may be claimed only as a matter of legislative grace. A taxpayer may deduct an expenditure if it is specifically provided for in the Internal Revenue Code (hereafter, IRC). In calculating federal taxable income (necessary to determine regular income tax liability) for an individual, deductions must be subdivided into two major categories: (1) deductions toward adjusted gross income; and (2) deductions from adjusted gross income (also known as itemized deductions). Both types of deductions represent reductions to taxable gross income in arriving at federal taxable income. However, since a taxpayer's Illinois individual tax return begins with adjusted gross income (AGI), the second category of deductions is not relevant in determining one's Illinois tax liability. After determining whether various expenditures qualify as deductions either toward AGI or from AGI, the taxpayer finally considers what exemptions may be claimed as a reduction to gross income in arriving at taxable income. In 2016, each exemption properly claimed is worth $4,050 on the federal return and $2,175 on the Illinois return. A. Deductions Toward AGI The following list summarizes the deductions toward AGI for a 2016 individual tax return: 1. Individual Retirement Account (IRA)* 2. One-half of any self-employment tax paid 3. Keogh retirement plan and self-employed SEP deduction 4. Penalty on early withdrawal of savings (forfeited interest) 5. Qualifying alimony payments 6. Deductible moving expenses 7. 100% of health insurance premiums for self-employed individuals 8. Interest on Higher Education loans* 9. Up to $4,000 of College Costs* 10. Educator Expenses 11. Health Savings Account Deductions 12. Certain Business Expenses - including fee based government officials and armed forces travel expenses 13. Domestic Production Activities Deduction *Subject to AGI limitations. Although a detailed discussion of each item above is beyond the scope of this guide, it is noteworthy to mention that as a legislator of the Illinois General Assembly, you are subject to limitations on your IRA deduction since you are a participant in a qualified retirement plan (even if you have not met the vesting requirements). A partial deduction for IRA contributions is available for those with AGI between $99,000 and $119,000 (joint return) or between $62,000 and $72,000 (other returns). If your AGI exceeds $119,000 (joint return) or $72,000 (other returns), you may still contribute to an IRA, but no deduction is allowed. Special rules apply to married taxpayers filing separately. B. Deductions From AGI (Itemized Deductions) Individual taxpayers may choose the larger of the standard deduction assigned to their filing status or total qualifying itemized deductions as a direct reduction to their AGI. TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 11. Legislative Tax Guide 2016 5 STANDARD DEDUCTION Basic Standard 2017 Filing Status Deduction Amount Single $6,350 Head of Household $9,350 Married Filing Jointly (or Surviving Spouse) $12,700 Married Filing Separately $6,350 An additional standard deduction ($1,250 for married or surviving spouse, $1,550 for head of household) is allowed for each taxpayer who is elderly (i.e., age 65 or older) and for each taxpayer who is blind. Children claimed as dependents by their parents are assigned a 2017 standard deduction not exceeding the greater of $1,050 or the children's earned income (up to the $6,350 assigned to a single person). Dependent children may not claim an exemption for themselves if they file a tax return in 2017. ITEMIZED DEDUCTIONS 1. Medical Expenditures After deducting reimbursements made to you under medical insurance plans, the remaining unreimbursed medical expenses paid from your funds are deductible to the extent that they exceed 10 percent of your AGI. For example, if your AGI equals $50,000, then your deduction for unreimbursed medical expenses will begin only for amounts exceeding $5,000. The full cost of certain capital expenditures (representing improvements made to your personal residence) solely to accommodate the needs of a handicapped individual, will qualify as a medical expense. Your payments, as an employee of the State of Illinois, to any group medical insurance plan must be entered as an itemized deduction on Schedule A, line 1(a). Long-term care premiums are eligible to be considered as medical expense with the amount eligible based on taxpayer age at the end of the year. 2. Taxes State (and local) income taxes paid or withheld are deductible or state sales taxes, whichever is higher. Real estate taxes relating to your Illinois personal residence, as well as other real property, may be deducted on your federal return. (A credit of 5 percent of real estate taxes paid on your principal residence is allowed on your Illinois return.) 3. Interest Expenses The IRC allows a deduction for interest payments as described below. III. DEDUCTIONS continued 5 Legislative Tax Guide for Tax Year 2017
  • 12. 6 Legislative Tax Guide for Tax Year 2017 III. DEDUCTIONS continued (a) Trade or Business Interest Generally, interest on nonpassive trade or business loans is deductible on Schedule C. (b) Qualified Residence Interest Home mortgage interest paid on "acquisition indebtedness" is generally limited to the interest paid on $1 million of acquisition indebtedness and interest paid on home equity indebtedness is limited to the interest paid on $100,000 of home equity indebtedness. (c) Mortgage Insurance Premiums Premiums paid or accrued in 2016 for qualified mortgage insurance are deductible as qualified residence interest, subject to AGI limitation. The insurance must be carried on acquisition indebtedness for a qualified residence. A “qualified resilience” is the principal residence and one other residence that is not treated as business property. (d) Investment Interest Interest on investment-related loans are deductible only to the extent of net investment income. Examples of investment interest expense include interest on stock margin accounts with brokerage firms (provided that the funds are used to purchase taxable investments) and interest on deferred payments made to acquire investments. 4. Charitable Contributions Charitable contributions are only deductible as an itemized deduction. In general, deductions to charities are limited to 50 percent of your AGI. Taxpayers must substantiate all charitable contributions, including cash, with contemporaneous, written acknowledgement from the donee organization or in the form of a bank record. Also, if you make a quid pro quo donation in excess of $75, you should receive a statement from the charitable organization identifying the deductible portion. If you have been solicited by organizations that seem questionable as to their tax-exempt status, you should investigate further before donating cash or other property of value. IRS Publication 78 contains a list of qualifying charitable organizations which is comprehensive, but not all-inclusive. After investigating a particular organization, you may discover it is political in nature rather than charitable. If you decide to contribute anyway, your payment is classified as a political contribution and is not deductible. 5. Casualty and Theft Losses No deduction is permitted for personal casualty and theft losses when the taxpayer has waived a proper claim for reimbursement from insurance companies. For example, your deduction is lost if you bypassed an auto insurance claim relating to an accident to avoid an increase in your insurance premiums. Each casualty loss is subject to a $100 floor, and total losses are deductible only to the extent that the total loss amount for the year exceeds 10 percent of AGI. 6. Miscellaneous Deductions Most miscellaneous itemized deductions are subject to a 2 percent AGI limitation. Items such as unreimbursed employee business expenses, investment-related expenses, i.e., investment counseling fees, custodial fees, safe deposit fees, income tax preparation fees, and others must be aggregated and in total must exceed an amount equal to 2 percent of TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 13. Legislative Tax Guide 2016 7 AGI. If an employer reimburses business expenses at a fixed amount (i.e., not based on an actual accounting of expenses by the employee), all expenses incurred are considered unreimbursed for the purpose of the 2 percent AGI limitation. Certain expenditures are not subject to this limitation and the following is a partial list of them: (a) Expenses of short security sales in the nature of interest; and (b) Gambling losses to the extent of gambling income. As a member of the Illinois General Assembly, your status as an employee of the State of Illinois makes the discussion of unreimbursed employee business expenses extremely important. Please refer to Section IV of this guide for further details. C. Exemptions The dollar value of each personal and dependency exemption is $4,050. The phaseout of exemptions and itemized deductions is in effect for 2017*. Children of divorced parents must be claimed as dependency exemptions by the custodial parent unless the IRS has been notified that a written agreement between the divorced parents will permit the noncustodial parent to claim them as dependency exemptions. IRS Form 8332 is used for this purpose. D. Withholding and Estimated Payments Your federal and State of Illinois income tax withholding is based on the number of exemptions you claim on the Form W-4 that you submit to your employer. Be sure your withholding, along with any estimated tax payments is sufficient to cover 90 percent of your 2017 tax liability or 100 percent of your 2016 actual tax liability to avoid underpayment penalties. Individuals with 2017 AGI in excess of $150,000 ($75,000 for married filing separately) must pay in 110 percent (rather than 100 percent) of their 2016 liability to avoid underpayment penalties. *The phase out for both exemptions and itemized deductions starts at $261,500 AGI for single filers and $313,800 for married filers and completely phases out at $384,000 for singles and $436,300 for married. III. DEDUCTIONS continued 7 Legislative Tax Guide for Tax Year 2017
  • 14. 8 Legislative Tax Guide for Tax Year 2017 IV. EMPLOYEE BUSINESS EXPENSES DEDUCTIBLE FROM ADJUSTED GROSS INCOME Employee business expenses are deductible after Adjusted Gross Income (AGI), and therefore, not deductible for Illinois income tax purposes. They are only deductible on Schedule A, Form 1040 to the extent that they exceed 2 percent of AGI. All employee business expenses are entered on Form 2106 which flow through to Schedule A of Form 1040 as miscellaneous itemized deductions. Examples of employee business expenses are vehicle expenses, travel expenses including lodging and car rental, meals and entertainment, business gifts, education, home office and trade publications. The IRS has ruled that state legislators are NOT compensated on a “fee basis.” [chief counsel memorandum 199939001] As such, the benefit of section 62(9) (2) (C) where certain expenses could be deducted “above the line,” does NOT apply. Thus, any expenses incurred beyond the per diem must be deducted “below the line,” and are subject to the 2% AGI limitation. Various employee business expenses are discussed below. In certain cases, victims of a disaster may be able to take advantage of more favorable rules than the general rules described below. A. Travel 1. Away from Home. Home for a taxpayer is his/her regular or principal place of business. As an employee of the State of Illinois your “tax home” could be Springfield unless the facts and circumstances show otherwise. The factors to be considered are: a. total time ordinarily spent in performing duties in each area; b. the degree of an individual’s business activity in each area; and c. the income generated from each area. Since the facts and circumstances in each case will decide where the taxpayer’s “tax home” is located, a. (above) is generally given greater weight than b. and c. However, under IRC Sec. 162(h) state legislators may elect to use their residence in their legislative district as their “tax home” (see attached election in the Appendix of Forms). This election is not available to legislators living within 50 miles of the Capitol Building. When this election is made the legislator is deemed to be away from home when in Springfield. You must remain in Springfield during recess to qualify for the benefit. Nevertheless, the advisability of so electing should be considered in light of the following: a. The legislator’s residence may have already qualified as his/her tax home under the general rules discussed above. b. Under the election, living expenses are limited (as discussed below) even though the actual expenditure may be greater than the allowed deductible amounts. c. If the election is made, the legislator is deemed to have been away from home for the number of days the Legislature was in session (including up to four consecutive days of recess) plus the number of days the legislator was physically present at committee meetings and his or her presence is formally recorded. The four-day limit is not extended by Saturdays, Sundays, or holidays. Reg. Sec. 1.162-24(b)(4)states that attendance at a session of the legislature that only a limited number of members are expected to attend (such as a proforma session) (i.e. perfunctory session) is not a day in session within the meaning of the regulation and only those legislators who are called to and do attend the limited session, and whose attendance is formally recorded, will have a legislative day for purposes of the regulation. Under Reg. Sec.1.162-24(b)(2), if the legislature is not in session for more than 4 consecutives days (without extension for Saturdays, Sundays and holidays meaning Saturdays, Sundays and holidays are included in the 4 day count), then none of those days are legislative days for purposes of the regulation. Perfunctory days are days of recess and will be counted in the 4 consecutive day rule. Generally, a perfunctory day can only be a legislative day if it is during a recess of no more than 4 consecutive days. TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 15. Legislative Tax Guide 2016 9 However, if it is not a legislative day under the 4 consecutive day rule, it can still qualify as a legislative day if, as stated above, the legislator is called, attends and his/her attendance is formally recorded. Under the election, the deductible living expenses are deemed to be the greater of the federal per diem (See rates published by the U.S. General Services Administration at www.gsa.gov/portal/category/100120) or the state per diem (but only up to 110% of the federal amount). A Legislator’s “per diem” is the maximum amount allowable for the capitol city. The Meals and Incidental Expenses (M & IE) portion is subject to the 50% disallowance rule for entertainment expenses. The 2017 per diem rates for Springfield, IL from 1/1/17 through 9/30/17 are $91 for Lodging, and $51 for M&IE and from 10/1/17 through 12/31/17 are $93 for Lodging and $51 for M&IE. For more information see final regulation 26 CFR 1.162-24: Travel expense of state legislators published by the IRS in Internal Revenue Bulletin 2010-17. During any continuous legislative session that members of the Illinois General Assembly do not receive mileage reimbursement or per diem for their trips to Springfield, the unreimbursed mileage, lodging and meal costs are treated as unreimbursed employee business expenses, and are included as a 2% deduction on Form 1040, Schedule A in the year the expense is incurred, for legislators over 50 miles from the state Capitol who made the election to treat their residence in their legislative district as their tax home. Legislators who do not meet these requirements may not deduct their unreimbursed expenses on thier individual income tax return. If the expense is reimbursed at a later date, the amount recovered must be included in income in the year of the recovery to the extent the original expense resulted in a tax benefit. The Service has ruled that the fair rental value of apartments provided by the state to its legislators may be partially excludable for legislators who live more than 50 miles from the state capitol. However, for a legislator who lives 50 or fewer miles from the capitol, the fair market value of an apartment, less any amount paid by the legislator, is included in wages. 2. Travel, Meals, and Lodging. If the election discussed above is not made, the actual costs of transportation from the taxpayer’s “tax home,” as well as normal living expenses while away from home overnight, are deductible as travel expenses. Such expenses include the cost of meals, lodging, local transportation, telephone and telegraph services. Of course, living expenses while away from home in pursuit of business are not deductible if they are lavish or extravagant under the circumstances. The mode of travel has no bearing on the deductibility of the actual travel costs. Thus airplane, bus, railroad and taxi fares are all valid travel deductions. If a personal car is used, you must compute the deduction by reference to either actual expenses (including depreciation) or the standard mileage rate method. If an automobile is leased, the rental fee may be deducted. Unless Springfield is classified as the legislator’s “tax home”, all automobile expenses incurred for traveling to and from Springfield for legislative business are deductible. Legislative business includes special party caucuses and committee meetings as well as the regular legislative sessions. IV. EMPLOYEE BUSINESS EXPENSES DEDUCTIBLE FROM ADJUSTED GROSS INCOME continued 9 Legislative Tax Guide for Tax Year 2017
  • 16. 10 Legislative Tax Guide for Tax Year 2017 You may deduct either your actual automobile expenses or the standard mileage rate for all miles of business use each year. If you use the method based on actual expenses and you also use your automobile for personal reasons, your total automobile expenses for the year must be multiplied by your business use percentage. You cannot claim both the mileage you would have incurred had you driven an automobile to Springfield and the cost of the bus fare or airplane ticket. Form 2106 is used to report all your travel, meal, and lodging expenses. Also, on Form 2106, you should report the amount of reimbursement you receive if the reimbursement is not reported on your W-2 Form. As mentioned, the cost of meals while away from home are deductible, but only to the extent of 50 percent of the total amount. Related expenses, such as taxes and tips are included in the total expense before applying the 50 percent disallowance. 3. Seminar and Convention Expenses. a. General—Expenses for Attending Business Conventions, Seminars or Meetings. Travel expenses incurred by state legislators in attending business conventions, seminars or meetings are deductible as long as they are directly connected with the business of being a legislator. The test is whether attendance at the convention or meeting will benefit or advance the interest of the business of being a legislator, as distinguished from attendance serving primarily social, political or similar purposes unrelated to the business. If a taxpayer also engages in sightseeing and other activities unrelated to the business meeting, he/she may not deduct the cost attributable to these personal expenses. In addition, if a trip is undertaken primarily for personal reasons, no part of the expenses for transportation to and from the destination is deductible, even if the taxpayer also engages in business activities or side trips while at the destination. However, the expenses for the business activities would be deductible. Whether a trip is primarily for business or personal reasons is a question of fact. The amount of time spent on business compared to the amount of time spent on personal activities is the determining factor. b. Foreign Conventions, Seminars or Meetings. No business deduction is allowed for conventions, seminars or meetings if they are held outside North America unless the taxpayer establishes the meeting is directly related to the active conduct of his/her trade or business and that it is as reasonable for the meeting to be held outside North America as within the area, which includes the United States, its possessions, the Trust Territory of the Pacific Islands, Canada and Mexico. Certain Caribbean Basin countries that have a bilateral or multilateral agreement providing for the exchange of information with the U.S. may also qualify (see I.R.C. Sec. 274(h)(6)). c. Other Limitations. The deductibility of expenses related to the attendance at seminars and conventions on Cruise Ships, or for investment purposes, is also limited. You should consult your tax advisor before incurring any such expenses. IV. EMPLOYEE BUSINESS EXPENSES DEDUCTIBLE FROM ADJUSTED GROSS INCOME continued TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 17. Legislative Tax Guide 2016 11 B. Entertainment Expenses As discussed earlier, to be deductible, an expense must be both ordinary and necessary and incurred in carrying on a trade or business. Entertainment expenses must also meet the test of being directly related to or associated with the active conduct of your trade or business. The amount allowable as a deduction for meal and entertainment expenses is limited to 50 percent of the total amount. Entertainment expenses include the cost of meals, theater tickets or tickets to a ball game where discussions directly related to the active conduct of a trade or business took place. However, if the entertainment or ball game precedes or follows a substantial and bona fide business discussion, it is generally accepted that the cost is “associated with” the active conduct of the trade or business and is deductible. If a constituent came to Springfield to discuss “legislative business” with you over lunch, it would be directly related. If you and your spouse took the constituent and his/her spouse out to dinner and theater that evening and did not discuss business, the expense would be deductible as associated with the previous business discussion that day. The meeting or discussion must be substantial in relation to the entertainment under the “associated with” test. If the main aspect of the combined activities is business, it will qualify. However, if the primary motive of your discussion is social and personal (e.g., your political agenda), all expenses are disallowed. Two further restrictions are placed on meal expenses. First, they will not be deductible if neither the taxpayer nor an employee of the taxpayer is present at the meal. In some cases, an independent contractor, such as an attorney, who attends a meal in connection with the performance of significant services on behalf of the taxpayer, may be considered an employee of the taxpayer. Second, the disallowance of deduction for lavish and extravagant meal expenses applies to all business meal expenses, with certain exceptions. For a more detailed discussion of record keeping rules, see Section VI, Record Keeping and Substantiation. 1. Limitations on Entertainment Tickets/Skyboxes. The allowable deduction for the cost of a ticket for any entertainment activity or facility will be limited to the face value of the ticket. The limitation is calculated prior to application of the 50 percent disallowance rule. This limitation will not apply to tickets for a charitable sporting event if (1) the event was organized primarily to benefit a tax- exempt charitable organization, (2) all of the net proceeds for the event are contributed to the organization, and (3) volunteers are utilized for a substantial portion of the work in carrying out the event. In addition, deductions for the rental or other use of a luxury skybox in a sports arena, if leased by the taxpayer for more than one event, will be subject to a disallowance provision. The cost of a skybox will be disallowed to the extent that it exceeds the cost of the highest priced non-luxury box seat tickets for the public for the same event, multiplied by the number of seats in the skybox. All seats in the skybox are included in the calculations, regardless of whether the skybox is fully occupied. The skybox limitation does not apply unless the taxpayer rents a skybox at the same arena for more than one event. This is determined by considering rentals by 11 Legislative Tax Guide for Tax Year 2017 IV. EMPLOYEE BUSINESS EXPENSES DEDUCTIBLE FROM ADJUSTED GROSS INCOME continued
  • 18. 12 Legislative Tax Guide for Tax Year 2017 the taxpayer along with related rentals, which may include rentals by family members, by corporations with common ownership, or by other taxpayers who have a reciprocal arrangement with the taxpayer to share a skybox. Also, the disallowance rule does not affect the deductibility of separately stated charges for food and beverage expenses associated with the use of the skybox. Such expenses as well as the cost of the skybox are subject to the normal rules covering the deductibility of meal expenses. The deductibility of a single-event rental is determined under the rules generally applicable to entertainment activities. 2. Entertainment Facilities and Club Dues. No entertainment deduction is allowed for any expense paid or incurred for a facility used in connection with an activity that constitutes entertainment, amusement or recreation. Such facilities include social and athletic clubs, yachts, hunting lodges, fishing camps, swimming pools, and tennis courts. Membership dues to these types of clubs as well as business, luncheon, sporting, airline and hotel clubs are also not deductible. However, dues to civic or public service organizations such as Kiwanis, Lions and Rotary continue to be deductible. C. Transportation Expenses Actual transportation expenses paid or incurred by the taxpayer while not away from home, in connection with his/her services as an employee, are deductions from AGI. Such expenses are reportable on Form 2106. Transportation expenses include taxi and bus fares as well as automobile expenses. Expenses of commuting to and from work, while living at home, are not deductible. For example, the expense of commuting from your home to your office in your home district is not deductible. However, while away from home in Springfield for a legislative session, you are required to commute to the State Capitol each day. If your home in Springfield is not considered your "tax home," transportation between it and the State Capitol is not considered commuting. As a travel expense, you may deduct the mileage you incur going from your home in Springfield to the State Capitol or any other location, as long as the purpose of the travel is directly related to the business of being a member of the Illinois General Assembly. A general assembly member may also incur substantial mileage expense in his/her home district. All travel to meetings where you will speak, ward meetings, or those you attend because of your political position, may be tax deductible. A memorandum of this mileage should be recorded into a journal or diary to substantiate travel involving civic functions, political meetings, and other legislative duties. Mileage expenses incurred while attending functions during a political campaign for re-election, are not deductible. Because of this, it is very important to distinguish between expenses directly related to a campaign for re-election and those which can be directly attributable to serving the legislator's constituency. For example, though you are running for re-election, you may still find it incumbent upon you to attend meetings to explain the activities of the general assembly and other legislative matters to your constituents. IV. EMPLOYEE BUSINESS EXPENSES DEDUCTIBLE FROM ADJUSTED GROSS INCOME continued TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 19. Legislative Tax Guide 2016 13 D. Car Expenses If car expenses are business related, the IRS allows either a deduction of a flat rate per business mile or a portion of actual car expenses based on the percentage of business miles to the total miles traveled during the year. Different rules apply to leased vehicles. The IRS optional mileage allowance for 2017 is 53.5 cents per mile. In order to deduct actual car expenses, an itemization of the expenses is required. Generally, the actual expense method results in a greater deduction than the mileage method. If the actual expense method is used, the automobile expenses you are entitled to deduct include: gasoline, oil, lubrication, repairs, depreciation, tires, supplies, insurance, taxes, licenses, and other reasonable operating expenses applicable to your automobile. These expenses must be allocated between business and personal use of the automobile. Whether the actual expense or mileage method is used, all business- related parking fees and tolls are fully deductible. However, any fines for standing or moving violations are not deductible. You may switch methods in any year, provided you: 1) own the car; 2) utilized the standard mileage rate method in the first year the car was used for business; 3) have not claimed depreciation using any method other than the straight-line method; and 4) have not claimed a section 179 deduction on the automobile. If the optional mileage allowance is used, the maximum optional rate is used for all miles. The age of the vehicle is immaterial. However, if depreciation is claimed on the car, its useful life is the period used for computing depreciation. The following chart provides the maximum depreciation allowed on automobiles placed in service after December 31, 2006. The first year limit for 2017 will be $3,160 plus the bonus amount allowed for 2017 of $8,000 for a total of $11,160. The limits for trucks and vans are slightly higher. If the taxpayer uses the automobile partly for personal purposes, these ceilings must be reduced pro rata to reflect the personal use. If personal use is 50 percent or greater, the taxpayer may be required to recapture a portion of the depreciation taken in prior years, if the accelerated method was used. E. Home Office Expenses Home offices, for an employee, are deductible only where the employer requires it as a condition of employment. Since the State of Illinois is your employer and does not require you, as a legislator, to have a home office, any such expense would not be deductible. 13 Legislative Tax Guide for Tax Year 2017 IV. EMPLOYEE BUSINESS EXPENSES DEDUCTIBLE FROM ADJUSTED GROSS INCOME continued After After After After After Year 12.31.06 12.31.07 12.31.08 12.31.09 12.31.11 1 $3,060 $2,960 $2,960 $3,060 $3,160 2 $4,900 $4,800 $4,800 $4,900 $5,100 3 $2,850 $2,850 $2,850 $2,950 $3,050 Thereafter $1,775 $1,775 $1,775 $1,775 $1,875
  • 20. 14 Legislative Tax Guide for Tax Year 2017 F. Other Expenses There are many other deductible expenses you may incur as a member of the general assembly. Some of these would include: 1. Business office rent and staff salaries as long as they relate to the legislator's official business and are not personal expenses or related to any private business of the legislator. 2. Stationery and postage for mail concerning your business as a member of the general assembly. 3. Any other supplies such as pens, paper clips and pencils that are necessary to maintain your office and serve your constituency. 4. Dues for organizations to which you had not belonged prior to becoming a member of the general assembly, but you now belong to as a matter of policy and because it is instrumental to being a state legislator. (See Section IV, B, 2.) 5. Newspapers and magazines. The cost of obtaining publications necessary for you to improve yourself as a legislator, such as special weekly papers in your district and special publications relating to politics, the state or related areas of government, are deductible expenses. If you would have incurred this expense on a normal basis and for personal reasons, the cost would not be deductible. (See Section V). 6. Telephone calls relating to your business as a state legislator. This would include the specific charges for any business-related calls and for any phone used only for business purposes. The use of an answering service or the cost of an answering machine is also a deductible expense if it is related to your position as a member of the general assembly. Cellular telephones are treated as listed property and thus are subject to the same substantiation and business use rules for autos, discussed above. Line charges for business calls on cellular phones are deductible. 7. Advertisements to maintain relations with your constituency and to promote your name (which is necessary to an elected official). If these ads appear during your re-election campaign, however, it would be best to exclude the costs of these ads from your deductions because such campaign expenses are not deductible. In all cases, ads appearing during your campaign should be paid for by campaign contributions. Furthermore, the cost of ads appearing at any time in a publication that uses the proceeds of such advertisements to benefit a political party or political candidate, is not deductible. 8. The cost of holiday cards to ward leaders, precinct committee members and community leaders is directly related to your business as a member of the general assembly, and is therefore a tax deductible expense. (Including the cost of cards, envelopes, postage and family photographs.) Note: All of the above "other expenses" would be subject to the 2 percent floor, as discussed previously. The amount that exceeds 2 percent of AGI would be allowed as an itemized deduction. IV. EMPLOYEE BUSINESS EXPENSES DEDUCTIBLE FROM ADJUSTED GROSS INCOME continued TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 21. Legislative Tax Guide 2016 15 A. Organization of Political Organizations A number of pitfalls await the candidate for political office who is not familiar with election law, agency law and governmental ethics. This article outlines some of the legal issues likely to arise during a political campaign. ILLINOIS REQUIREMENTS REGARDING CAMPAIGN FINANCE DISCLOSURE Everything one needs to know about campaign finance disclosure in Illinois can be found in the Campaign Financing Act (10 ILCS 5/9-1 et seq.). The Act applies to all individuals and political action committees (Political Committees) who, within a 12- month period, have accepted contributions or spent over $5,000 supporting or opposing a candidate who seeks or holds public office or any public policy issues that are to be submitted to the voters. The threshold is $5,000 for a referendum held in more than one county. The Act also requires that all candidates for public office file a Statement of Economic Interest with either the Secretary of State or the county clerk and the Illinois State Board of Elections (see also 5 ILCS 420/1-101 et seq.). The Act does not cover (1) individuals running for federal office or (2) corporations, associations, labor unions or individuals who make political donations solely from corporate profits, union treasury or personal funds. The second exclusion does not apply if the corporation or labor union solicits funds to support or oppose a candidate or an issue regarding public policy. Upon attainment of the $5,000 contribution or spending threshold, the statute requires formation of a Political Committee*. A Political Committee actually should be setup before any contributions are received because records of financial transactions are needed from the beginning of the campaign to determine filing status. It is important to note that contributions are defined as cash, loans or anything of value received for political purposes such as goods or services provided to the campaign. NOTE: The $5,000 threshold only applies to committees created on or after July 29, 2013. Committees created before that date are subject to the $3,000 filing threshold and are required to continue to submit disclosure filings based on that threshold even if they do not reach the $5,000 level. The first step in forming a Political Committee is to open a separate, segregated bank account because the law forbids commingling of campaign funds with any personal funds of any members of the Political Committee. By law, every committee must also have a chairman and treasurer, although the same person may hold both positions simultaneously. Without a chair and treasurer, the committee cannot make any financial transactions. The treasurer must keep detailed accounts of contributions and expenditures so that he or she may verify all the information shown on the official reports. To fulfill this responsibility, the treasurer must maintain. (1) records that reflect total contributions received and total expenditures made by the Political Committee and (2) internal records reflecting the full name, mailing address, date and amount of every donation received by the Political Committee, regardless of the amount. Within five days of receiving a contribution collected by campaign workers, the treasurer must receive a detailed record of the transaction. If the Political Committee members are soliciting funds, the treasurer must inform these members that contributions that are anonymous or in the name of another person are prohibited, as is the use of public funds for political purposes. Note that all records concerning the financial activity of the Political Committee must be retained for a period of two years. The second step in forming a Political Committee is to file a Statement of Organization, including Form D-1. Read §§ 5/9-3 and 5/9-4 for details. *As defined by Section 9-1.8 of the Illinois Election Code (10 ILCS 5/9-1.8). 15 Legislative Tax Guide for Tax Year 2017 V. POLITICAL CAMPAIGNS AND ORGANIZATIONS
  • 22. 16 Legislative Tax Guide for Tax Year 2017 After filing the Statement of Organization, the Political Committee next completes reports indicating contributions, expenditures and any outstanding debts of the committee. The committee must report all transactions with an aggregate value in excess of $150 on a form provided by the State Board of Elections 30 days prior to the first day a report is due. Any committee that has $10,000 or more in receipts, expenditures, or a balance at any time during the reporting period, must file its disclosure report electronically. Furthermore once a committee has qualified to file electronically, all subsequent reports must also be filed electronically. The report must be dated and signed by the committee treasurer, or for a candidate committee, by the treasurer or the candidate. A committee must file a Form D-2 to disclose receipts, expenditures, debts and fund balances. Quarterly reports for the periods ending March 31, June 30, September 30 and December 31 must be filed no later than 30 days from the close of each reporting period. The Act requires that all contributions and expenditures that exceed $150 in the aggregate during a reporting period be disclosed and itemized. The itemization is reported on the schedules accompanying Form D-2. For example contributions that exceed $150 must be reported on a Schedule A and all non-monetary donations received by the political committee whose fair market value exceeds the $150 limit must be reported on Schedule I. There is no need to itemize any contributions or expenditures that do not exceed $150. Simply provide a sum total of all non-itemized transactions during the reporting period when filing Form D-2. Political action committees that are either supporting or opposing candidates or are contesting a referendum also file pre-election reports that have varied reporting periods. Pre-election reports must be filed 30 days prior to an election and 15 days after the close of the designated reporting period. The State Board of Elections determines the reporting periods for each election. A committee may also have to file a Schedule A-1 if it receives a contribution of more than $500 30 days prior to an election. Schedule A-1 includes the name and mailing address of the contributor as well as the date and amount of the contribution. This also applies for contributions of $1,000 or more from a single source. The Campaign Financing Division reviews all reports filed to ensure that all political committees are in apparent compliance with the law. Assistance with reporting and filing can easily be obtained from the Division. As noted earlier, Illinois does not regulate the spending of campaign funds. Such funds may be, and often are, used for personal expenses. However, the Internal Revenue Service requires that a candidate pay tax on any funds so used. The definition of "expenditure" was changed to include "electioneering communication". "Electioneering communication" is defined as "...any form of communication, in whatever medium, including but not limited to, Internet communications, that refers to a clearly identified candidate, candidates, or political party and is made within (i) 60 days before a general election for the office sought by the candidate or (ii) 30 days before a primary election for the office sought by the candidate". Certain exemptions are noted. This new law means that anyone spending in excess of $3,000 on electioneering communications becomes a political committee and must file a Statement of Organization and all subsequent reports. Another change is the establishment of a civil penalty for the late filing of a Statement of Organization. A D-1 Statement of Organization filed late shall result in a civil penalty on the second late filing within a 2-year period. In addition, the Board of Elections or any other affected committee may apply to the circuit court for a temporary restraining order or an injunction against any committee failing to file its D-1 Statement of Organization. V. POLITICAL CAMPAIGNS AND ORGANIZATIONS continued TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 23. Legislative Tax Guide 2016 17 This legislation also provides that a local political committee or a state/local political committee filing electronically will no longer be required to file copies of its D-2 reports with the county clerk if the following criteria are met. The county clerk must have the capability to view and print political committee reports from the State Board of Elections website. This filing waiver applies only to D-2 report forms. FEDERAL REQUIREMENTS REGARDING CAMPAIGN FINANCE DISCLOSURE An individual who seeks to be elected to a federal office must comply with the Federal Election Campaign Act and Federal Election Commission regulations contained in Title 11 of the Code of Federal Regulations. An individual becomes a candidate for federal office and is thus required to register with the FEC when campaign activity exceeds $5,000 in either contributions or expenditures. When the $5,000 threshold has been reached, the individual must designate a principal campaign committee within 15 days. This designation is made by filing either a Statement of Candidacy or a letter with the same information with the Secretary of State in the state in which the candidate is running for office. The campaign committee must then register within 10 days after it has been designated by the candidate by filing a Statement of Organization with the Secretary of the Senate or the Clerk of the House of Representatives. The principal difference between Illinois and federal campaign finance laws is that federal law regulates campaign contributions. Sometimes, politicians accustomed to lenient state requirements are tripped up by the stricter federal requirements. Some of these politicians have gone to jail for violations. Under the federal act, contribution limits have changed along with allowing previously prohibited contributions to be made. A complete guide of federal regulations can be found at www.fec.gov/disclosure. Record-keeping under federal law is similar to that required under Illinois law as discussed earlier. The treasurer is responsible for keeping all records on the contributions made for three years after the report or statement has been filed. If the contribution exceeds $50, records must disclose the amount, date of receipt and the donor's name and address. Unlike Illinois law, however, federal law requires the record to identify the occupation of the donor when the contribution exceeds $200. Record- keeping for disbursements is similar to record-keeping of contributions. Records must show figures for total disbursements by the committee. All disbursements, except those from a petty cash fund, must be drawn by check or similar draft on the campaign depository. Petty cash disbursements cannot exceed $100 and must be documented. All reports must be filed with the FEC, the principal campaign committee and the Secretary of State. The treasurer must file all reports on time as the Commission does not grant extensions. Reports are filed quarterly, 12 days before an election and 20 days following an election. A report must also be filed for last-minute (less than 20 days but more than 48 hours before an election) contributions that exceed $1,000. 17 Legislative Tax Guide for Tax Year 2017 V. POLITICAL CAMPAIGNS AND ORGANIZATIONS continued
  • 24. 18 Legislative Tax Guide for Tax Year 2017 Itemization of receipts and disbursements is also required under federal guidelines. Finally, federal campaign funds may not be converted to personal use. Recent cases show that by not adhering to the formalities described above a politician could become personally liable for campaign debts. B. How Political Organizations Are Taxed 1. What is a "Political Organization"? The Internal Revenue Code (26 U.S.C. Subtitle A Chapter 1) in §527(e)(1) defines a "political organization" as a party, committee or association organized and operated primarily for the purpose of directly or indirectly accepting contributions and/or making expenditures for influencing or attempting to influence the selection, nomination, election or appointment of specific types of federal or state officials. 2. What are the Filing Requirements? A political organization is exempt from taxation just like a charity or other tax-exempt organization is. The exemption from federal taxation applies only to income substantially related to the exempt function of the organization (see paragraph preceding this one). If the income does not meet this definition it is then called "unrelated trade or business income"(UBIT). Examples include net investment income and rental income on property not used for the exempt function (§527(c)(1)). See section 3 for more detail. The political organization is treated as a corporation and its taxable income is taxed at the highest corporate rate (currently 35%). Please note that candidates for state and local offices are not eligible for the Special Rule for Principal Campaign Committees (§527(h)(2)(A)) which permits candidates to use regular corporate rates. This is available only to candidates seeking election to the U.S. Congress. The current disclosure requirements by the IRS are: (a) disclose their existence, purpose and staff personnel (b) disclose their expenditures and contributors (c) file income returns under §6012(a)(6) The disclosures under (a) are reported on form 8871 (Political Organization Notice of Section 527 Status). The form is due 24 hours after the organization is formed. It would be prudent to make sure the formation of the organization is not final until the form can be prepared. The information on the form will published on the IRS's web site and available for inspection at its offices. Failure to provide this disclosure may result in all income including exempt function income being subject to taxation according to IRC Sec. 527(i)(4). Form 8872 (Political Organization Report of Contributions and Expenditures) takes care of the disclosures under (b). In non-election years form 8872 must be filed either semi-annually or monthly. In election years it's quarterly or monthly with connections to election dates. These forms will also be made available for public inspection by the IRS. The organizations that file this form must make it available for inspection by the public during business hours as well. Failure to provide this disclosure may result in all income including exempt function income being subject to taxation according to IRC Sec. 527(j)(1). V. POLITICAL CAMPAIGNS AND ORGANIZATIONS continued TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 25. Legislative Tax Guide 2016 19 Political organizations with gross receipts of $25,000 or more and certain state and local political organizations with gross receipts of $100,000 or more must also file IRS Form 990 on an annual basis (IRC §6033(g)). Penalties for non-compliance are in §§6104(d) and 6652(c) as amended. The third form required of political organizations is, as before, form 1120-POL which is due two and one-half months after the close of the organization's taxable year, subject to extensions. This form reports taxable income for certain political organizations. 3. Exempt Function Income vs. Taxable Income a. The exempt function income is not included in computing taxable income. Examples include (but are not necessarily limited to) membership dues, fees, assessments, fund-raising from breakfasts, dinners, sale of bumper-stickers or buttons and sometimes even bingo games. Campaign contributions are also exempt, even those transferred from one bank account to another. If any are diverted to non-campaign use, the amount so diverted is taxable income. (§527(c)(3)). b. The taxable income of a political organization is the reportable gross income for the taxable year less deductions directly connected with the production of gross income. The law allows a specific deduction of $100 but does not allow any net operating loss or special deductions, such as the dividend received deduction, among others. Typical sources of reportable gross income are interest, dividends, net gains from the sale of securities and rental of unused office space (§527(c)(1)). Net capital losses do not offset taxable income but can be carried forward or backwards to offset future or past capital gains respectively. c. Expenses of political organization are two types: direct and indirect. Direct expenses are those directly connected with the production of Unrelated Business Income (i.e. interest, dividends, rents, etc.). These expenses are allowable deductions in computing taxable income pursuant to Reg. §1.527-4(c)(2). Indirect expenses are those not directly connected with the production of Unrelated Business Income. These expenses may include campaign expenditures and general administrative expenses. For indirect expenses that have a dual purpose and a portion of the expense may be attributable to the production of income, the allocable portion may be deductible in computing taxable income. For example, assume that a political organization pays a manager a salary of $10,000 a year and that it derives taxable income. If 10% of the manager’s time during the year is devoted to deriving the organization’s gross income (other than exempt function), a deduction of $1,000 (10% of $10,000) may be allowed in computing the organization’s taxable income (Reg. §1.527-4(c)(3)). d. Political organizations that make charitable contributions are not allowed to deduct such contributions under IRC Sec. 527(d). 4. Miscellaneous Tax Considerations a. Political organizations are not required to make estimated payments of income tax. b. Any campaign funds used directly or indirectly for the personal benefit of the candidate may become taxable income to the candidate. Reimbursements for out- of-pocket campaign costs are not considered taxable. 19 Legislative Tax Guide for Tax Year 2017 V. POLITICAL CAMPAIGNS AND ORGANIZATIONS continued
  • 26. 20 Legislative Tax Guide for Tax Year 2017 c. The official office expense allowance given at the beginning of each session for telephone, stationery and travel are not taxable and the expenses (naturally) are not deductible. d. Occasionally, a member of the Legislature will solicit funds from constituents to establish a legislative intern program. The funds solicited for this purpose must be included in the member's income. The amount paid to the intern can be deducted as a miscellaneous deduction on the member's individual form 1040 on schedule A. (Rev.Rul. 75-146, 1975-1 C.B. 23) The deduction is disallowed if the intern is employed for campaign or political purposes. e. Election Workers-Election workers are individuals who are generally employed to perform services for state and local governments at election booths in connection with national, state or local elections. Governments typically pay election workers a set fee for each day of work. Election workers' wages are included in gross income as compensation for services. Generally for amounts paid less than $1,100 (indexed to inflation) no FICA or medicare is withheld. f. Legislation enacted in 2002 made changes in filing requirements for state and local political organizations. Political organizations are now required to file Form 8871 electronically. If a material change has occurred a political organization is required to file an amended Form 8871 within 30 days. Additionally, if the political organization is terminated, a final notice must be filed. Certain organizations are not required to file a Form 8871 notice. These organizations are: political committees required to report to the Federal Election Commission, state and local political committees, and any organization that anticipates to receive less than $25,000 in a tax year (IRC §527(i)). Political organizations that have contributions or expenditures exceeding $50,000 are now required to file Form 8872 electronically according to IRC §527(j)(7). V. POLITICAL CAMPAIGNS AND ORGANIZATIONS continued TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 27. Legislative Tax Guide 2016 21 A. General Deductions for travel, transportation and entertainment expenditures are allowed only if a taxpayer has adequate records to substantiate the amount, time, place and business purpose of the expenditure. Additionally, certain expenditures require that the business relationship to others involved (e.g., person being entertained) also be recorded. This general rule applies to all such expenditures whether incurred while away from home or while conducting business locally. To the extent that a taxpayer is unable to satisfy the record-keeping tests, the deduction is lost. For a more detailed discussion of the rules covering deductibility, see Section IV-- Employee Business Expenses Deductible from Adjusted Gross Income. B. Elements of Recording Expenses 1. Travel Travel expenses are costs incurred while you are conducting business away from home and are required to remain overnight or for a period requiring sleep or rest. Travel expenses include not only the cost of travel to and from your destination, but also the cost of meals, lodging, local transportation and commuting, as well as other ancillary costs incurred while you are away from home. Proper substantiation of travel expenses requires that you record: a. Each amount spent for travel while away from home. You can treat as one expenditure total meal expenses (breakfast, lunch and dinner) incurred in one day. Tips may be aggregated with the expense of the services to which they relate. Other expenses that may be grouped include gasoline and oil, taxi, and telephone calls. The costs of travel by automobile may be substantiated through a mileage record. If you have a residence outside of Springfield and make the special election referred to previously, you will be treated as having expended the appropriate per diem amount for living expenses (meals, lodging, laundry and related incidental living expenses). Therefore, you will not be required to keep a detailed record of your actual expenses. In this case, you need only document the transportation, telephone and other similar expenses of your travel; b. The dates of departure and return, and the number of days spent on business; c. The destination or locality of your travel, designated by the name of the city, town or similar description; and d. The business purpose of the trip, or the business benefit derived or expected to be derived as a result of the travel. 2. Transportation Deductible transportation costs include automobile operating and maintenance costs, as well as air, rail, bus and taxi fares you incur while traveling for business 21 Legislative Tax Guide for Tax Year 2017 VI. RECORD KEEPING AND SUBSTANTIATION
  • 28. 22 Legislative Tax Guide for Tax Year 2017 but not away from home. Thus, meal and lodging costs in your own locality are not deductible unless they qualify as entertainment expense (discussed below). Proper substantiation of transportation expenses requires that you be able to prove: a. The amount of each separate expenditure (including the cost of acquisition of an automobile, lease payments, and maintenance and repair costs); b. The amount of each individual use of property for business purposes (by mileage for automobiles) and the total of such use for the year; c. The date of the expenditure or use of your automobile; and d. The business purpose of the expenditure or use of your automobile. While contemporaneous records are no longer required for business transportation costs, adequate records made at or around the time expenses are incurred will provide the best support for your deductions. 3. Entertainment To be deductible, entertainment expenses including business meals must be adequately documented and may not be approximated. You must record: a. The amount of each separate meal or entertainment expense, except for incidental items, such as taxi fares and telephone calls which may be totaled on a daily basis; b. The date the meal or entertainment took place; c. The name (if any), address or location, and the type of meal or entertainment, such as dinner or theater, if the information is not apparent from the name of the place; d. The reason for the meal or entertainment, or the business benefit gained or expected to be gained, and the nature of any business discussion or activity that took place; e. The occupation or other information about the person or persons for whom the meal or entertainment expense is being claimed. Include name, title, or other designation sufficient to establish the business relationship to you; and f. Your presence (or your employee's) at a business meal. 4. Business Gifts No deduction is available for business gifts to the extent that the total gifts during the year exceed $25 per person. Gifts are counted for the $25 per person limitation whether made directly or indirectly. Record the following for business gifts: a. The cost and a description of the gift; b. The date upon which the gift was made; c. The business reason or the benefit derived or expected as a result of the gift; and VI. RECORD KEEPING AND SUBSTANTIATION continued TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 29. Legislative Tax Guide 2016 23 d. The relationship of the recipient to the taxpayer, including his/her name, title or other designation sufficient to establish such a relationship. (It is not necessary to record the recipient's name in certain situations; if the business relationship of the gift is clear, and it is apparent the taxpayer is not attempting to avoid the $25-per-donee limitation. Thus, if a taxpayer purchased a large number of inexpensive tickets to a local high school basketball game, and distributes one or two of them to each of a large number of constituents, he/she need not record the names of the recipients. However, he/she must still substantiate the cost, date, description and business purpose of the gift.) Exceptions. The following are not considered gifts subject to the $25 limit: An item that costs $4 or less, on which your name is clearly and permanently imprinted, and which is one of a number of identical items you widely distribute. This includes items such as pens, desk sets, plastic bags and cases, signs, display racks, or other promotional material to be used on the business premises of the recipient. Incidental costs, such as engraving on jewelry, or packaging, insuring, and mailing, are generally not included in determining the cost of a gift for purposes of the $25 rule. C. Adequate Records 1. Recording Expenses You should record your transportation, travel, entertainment and business gift expenses in an account book or diary at the time you incur the expense. As mentioned above, although contemporaneous record keeping is no longer required for transportation expenses, maintaining a diary or log would constitute the best evidence to support the deductions. Confidential or highly sensitive information need not be recorded in a diary or account book. However, the taxpayer should be ready to submit substantiation of the expenditure to the district director of the IRS during an audit if he/she is to obtain a deduction for the expenditure. 2. Substantiation You should be ready to prove each diary entry and support your claims for deduction with receipts, paid bills or similar evidence. You are required to verify an expenditure for lodging while traveling away from home and any other expenditures for $75 or more, but documentary evidence will not be required for transportation. Although expenditures of $75 or less do not need to be substantiated with receipts or other support, they must still be tied in with the business purpose and proved if necessary. Usually, a receipt will suffice if it contains enough information to establish the amount, date, place and type of expense. Thus, a hotel receipt should include the 23 Legislative Tax Guide for Tax Year 2017 VI. RECORD KEEPING AND SUBSTANTIATION continued
  • 30. 24 Legislative Tax Guide for Tax Year 2017 name, location, date and the separate charges for lodging, meals, telephone and so on, if it is to serve as adequate substantiation of a business travel expense. Similarly, a restaurant receipt must indicate the name and location of the restaurant, the date, and the charge for food, beverages and other items. Generally, a cancelled check does not constitute adequate documentary evidence, since it does not detail the items composing the total expenditure. However, a cancelled check in connection with the payee's bill typically will be sufficient to substantiate the business nature of an expenditure. The required detail is also important to determine the proper allocation between personal and business expenses. when necessary. Also, if expenses incurred with respect to certain persons such as spouses are not deductible, evidence of the cost must be available. Otherwise, they will be deemed to bear a proportionate share of the total costs. Instead of deducting the actual cost of your meals while you are traveling away from home for business, you can deduct a standard amount. This amount is deemed to be substantiated but you must still prove the actual expenses of your other travel costs as well as the time, place, and business purpose of your travel. D. Example of Mileage and Expense Record The Appendix of Forms section shows the type of record- keeping suggested for your expenses. Adequate records of other types of expenses also should be maintained. VI. RECORD KEEPING AND SUBSTANTIATION continued TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 31. Legislative Tax Guide 2016 25 Name:_____________________________________________________ City:____________________________ State: _______ Zip:_________ Social Security Number: _________________________ Taxable Year ___________________________________________________________ ELECTION UNDER SECTION 162(h) OF THE INTERNAL REVENUE CODE. Taxpayer elects under the above Section to designate as his home his place of residence within the legislative district which he represented. Taxpayer was an Illinois State Legislator representing __________ (Legislative District) for the period beginning ___________ and ending __________________________________________. This election therefore applied to taxable years ___________. If this election is for a year beginning after December 31, 1980, the taxpayer hereby states that his place of residence is ___________ * miles from the State Capitol Building. * Must be in excess of 50 miles. 25 Legislative Tax Guide for Tax Year 2017 APPENDIX OF FORMS
  • 32. 26 Legislative Tax Guide for Tax Year 2017 RECORD KEEPING REQUIREMENTS FOR TRAVEL, ENTERTAINMENT AND GIFTS Factors to be proved in substantiating elements in column 1 Elements to be substantiated (1) Expenditures for Travel Away from home (2) Expenditures for automobile travel and transportation (3) Expenditures for entertainment (4) Expenditures for gifts (5) Amount Amount of each separate expenditure for transportation, lodging and meals. Permissible to aggregate incidental expenses in reasonable categories, such as taxis, daily meals, etc. Cost of travel by automobile may be substantiated by using the standard mileage rate. Under actual method, amount of operating expenses must be substantiated. Mileage for each business use and for the year. Amount of each separate expenditure. Incidental items such as taxis, telephones, etc. may be aggregated on a daily basis Cost of gift (limited to $25 per donee.) Time Dates of departure and return for each trip, and number of days attributable to business activities. Date of travel must be noted in log. One entry can be made for round trip. Date of entertainment or use of a facility for entertainment. (Duration of business discussion if entertainment before or after.) Date of gift made Place Destination by name of city or other appropriate designation. Destination and number of miles must be noted in log. Name and address or similar designation of place of entertainment. Type of entertainment if not otherwise apparent. (Place of business discussion if entertainment before or after.) Not Applicable Description Not applicable Not applicable Not applicable Description of Gift Business Purpose Business purpose of the trip so as to establish that expenses were directly related to the active conduct of your business Business purpose of the automobile trip must be noted in log. Name of driver must be noted if someone other than yourself is driving. Business purpose of the entertainment so as to establish that expenses were directly related to the active conduct of your business. Nature of business discussion or activity. Benefit gained or expected. Business purpose for making the gift or nature of business benefit derived or expected to be derived. Business Relationship Not applicable Not applicable Not applicable occupations or other information- such as names or other designations- about persons entertained which establish their business relationship to you. (identification of persons entertained in business discussion.) Occupation or other information- such as name or other designation-about recipient which establishes business relationship to you. With respect to a deduction for entertainment expenses (Column 4). If the deduction is claimed on the basis that it was directly related to the active conduct of your business, only the factors not enclosed in parentheses must be proved. If the deduction is claimed on the basis that it was associated with the active conduct of your business and was directly proceeded or followed by a substantial and bona fide business discussion, the factors enclosed in parentheses as well as those not in parentheses, must be proved. TAX GUIDE FOR TAX YEAR 2017 EXCLUSIVELY FOR MEMBERS OF THE ILLINOIS GENERAL ASSEMBLY
  • 33. D-1 FORM STATEMENT OF ORGANIZATION PLEASE TYPE OR PRINT IN BLACK INK FOR OFFICE USE ONLY POLITICAL COMMITTEE IDENTIFICATION # SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR GUIDANCE 1 2 3 4 5 6 7 DATE COMMITTEE CREATED: AMOUNT OF FUNDS AVAILABLE AS OF CREATION DATE: $________________ NEW COMMITTEE AMENDMENT REACTIVATING BEFORE AN ELECTION) (MUST BE FILED WITHIN 10 DAYS OF CREATION, OR WITHIN 2 DAYS IF CREATED WITHIN 30 DAYS (MUST BE FILED WITHIN 10 DAYS OF ANY CHANGES. ENTER ONLY THOSE CHANGES FROM LAST D-1 ON FILE.) POLITICAL COMMITTEE DESIGNATION (ALL COMMITTEES CHOOSE ONLY ONE) CANDIDATE POLITICAL COMMITTEE* *For purposes of contribu on limits and repor ng requirements, a Candidate Poli cal Commi ee suppor ng a candidate for mul ple This o ce is: ________________________________________ o ces elected at di erent elec ons must designate an elec on cycle by lis ng the o ce currently sought. POLITICAL ACTION COMMITTEE POLITICAL PARTY COMMITTEE BALLOT INITIATIVE COMMITTEE INDEPENDENT EXPENDITURE COMMITTEE POLITICAL COMMITTEE’S AREA OF ACTIVITY, SCOPE, AND PARTY AFFILIATION A. THIS COMMITTEE WILL PRIMARILY OPERATE IN THE FOLLOWING COUNTIES OR DISTRICTS: (if opera ng statewide or suppor ng/opposing statewide candidates or ballot ini a ves, leave blank.) __________________________________________________________________________ B. POLITICAL PARTY AFFILIATION: ______________________________ C. NAME AND ADDRESS OF EACH SPONSORING ENTITY (if applicable): PURPOSE OF THE POLITICAL COMMITTEE CANDIDATE(S) THE COMMITTEE IS SUPPORTING OR OPPOSING (IF AMENDING, LIST ALL AS OF TODAY’S DATE.) NAME AND ADDRESS SUPPORT OPPOSE OFFICE PARTY IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS. THIS FORM MAY BE REPRODUCED PAGE 1 OF 2 Revised 7/17 Full name and complete mailing address of Poli cal Commi ee: CHECK FOR ADDRESS CHANGE CHECK HERE TO RECEIVE REPORT NOTIFICATIONS VIA E-MAIL ONLY E-MAIL ADDRESS:
  • 34. COMMITTEE NAME: POLITICAL COMMITTEE ID #: 8 REQUIRED COMMITTEE OFFICERS: POSITION CHAIRMAN TREASURER NAME ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS 9 POSITION, NAME AND ADDRESS OF EACH CUSTODIAN OF THE COMMITTEE’S ACCOUNTS (IF DIFFERENT THAN OFFICERS) POSITION NAME ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS 10 FINANCIAL INSTITUTIONS AND OTHER REPOSITORIES OF COMMITTEE FUNDS NAME ADDRESS AND PHONE NUMBER 11 DISPOSITION OF RESIDUAL FUNDS IN THE EVENT OF DISSOLUTION OR TERMINATION OF THE COMMITTEE RETURN TO CONTRIBUTORS IN AMOUNTS NOT TO EXCEED THEIR INDIVIDUAL CONTRIBUTIONS TRANSFER TO ANOTHER POLITICAL COMMITTEE: ________________________________________ TRANSFER TO A CHRITABLE ORGANIZATION: ________________________________________ IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS VERIFICATION: BALLOT INITIATIVE COMMITTEE ONLY I DECLARE THAT THIS BALLOT INITIATIVE COMMITTEE IS FORMED FOR THE PURPOSE OF SUPPORTING OR OPPOSING A QUESTION OF PUBLIC POLICY. ALL CONTRIBUTIONS AND EXPENDITURES OF THE COMMITTEE WILL BE USED FOR THE PURPOSE DESCRIBED IN THIS STATEMENT OF ORGANIZATION. THE COMMITTEE MAY ACCEPT UNLIMITED CONTRIBUTIONS FROM ANY SOURCE, PROVIDED THAT THIS BALLOT INITIATIVE COMMITTEE DOES NOT MAKE CONTRIBUTIONS OR EXPENDITURES IN SUPPORT OF OR OPPOSITION TO A CANDIDATE OR CANDIDATES FOR NOMINATION FOR ELECTION, OR RETENTION, AND FAILURE TO ABIDE BY THESE REQUIREMENTS SHALL DEEM THIS COMMITTEE IN VIOLATION OF THIS ARTICLE (10 ILCS 5/9). PRINTED AND WRITTEN SIGNATURE OF COMMITTEE CHAIRPERSON DATE VERIFICATION: INDEPENDENT EXPENDITURE COMMITTEE ONLY I DECLARE THAT (i) THIS INDEPENDENT EXPENDITURE COMMITTEE IS FORMED FOR THE EXCLUSIVE PURPOSE OF MAKING INDEPENDENT EXPENDITURES, (ii) ALL CONTRIBUTIONS AND EXPENDITURES OF THE COMMITTEE WILL BE USED FOR THE PURPOSE DESCRIBED IN THIS STATEMENT OF ORGANIZATION, (iii) THE COMMITTEE MAY ACCEPT UNLIMITED CONTRIBUTIONS FROM ANY SOURCE, PROVIDED THAT THE INDEPENDENT EXPENDITURE COMMITTEE DOES NOT MAKE CONTRIBUTIONS TO ANY CANDIDATE POLITICAL COMMITTEE, POLITICAL PARTY COMMITTEE, OR POLITICAL ACTION COMMITTEE, AND (iv) FAILURE TO ABIDE BY THESE REQUIREMENTS SHALL DEEM THE COMMITTEE IN VIOLATION OF THIS ARTICLE (10 ILCS 5/9). PRINTED AND WRITTEN SIGNATURE OF COMMITTEE CHAIRPERSON DATE VERIFICATION: ALL POLITICAL COMMITTEES I DECLARE THAT THIS STATEMENT OF ORGANIZATION (INCLUDING ANY ACCOMPANYING SCHEDULES AND STATEMENTS) HAS BEEN EXAMINED BY ME AND, TO THE BEST OF MY KNOWLEDGE AND BELIEF, IS A TRUE, CORRECT, AND COMPLETE STATEMENT OF ORGANIZATION AS REQUIRED BY ARTICLE 9 OF THE ELECTION CODE. I UNDERSTAND THAT WILLFULLY FILING A FALSE OR IMCOMPLETE STATEMENT OF ORGANIZATION IS SUBJECT TO A CIVIL PENALTY OF AT LEAST $1,001 AND UP TO $5,000. PRINTED AND WRITTEN SIGNATURE OF TREASURER OR CANDIDATE DATE THE ILLINOIS STATE BOARD OF ELECTIONS REQUIRES THE DISCLOSURE OF INFORMATION THAT IS NECESSARY IF YOU QUALIFY AS A POLITICAL COMMITTEE AS OUTLINED UNDER PUBLIC ACT 78- 1183. WILLFUL FAILURE TO FILE OR WILLFUL FILING OF FALSE OR INCOMPLETE INFORMATION REQUIRED BY THIS ARTICLE SHALL CONSTITUTE A BUSINESS OFFENSE SUBJECT TO A FINE OF UP TO $5,000. THIS FORM IS IN COMPLIANCE WITH THE FORMS MANAGEMENT PROGRAM ACT. ALL POLITICAL COMMITTEES RETURN TO: STATE BOARD OF ELECTIONS STATE BOARD OF ELECTIONS 2329 S MacARTHUR BLVD JAMES R THOMPSON CENTER SPRINGFIELD, IL 62704-4503 100 W RANDOLPH ST, STE 14-100 CHICAGO, IL 60601-3232 FAX: 217-782-5959 FAX: 312-814-6485E-MAIL: D1@ELECTIONS.IL.GOV (D-1s ONLY) E-MAIL: D1@ELECTIONS.IL.GOV (D-1s ONLY) PAGE 2 OF 2www.elec ons.il.gov
  • 35. FORM D-2 REPORT OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES CHECK APPROPRIATE BOXES—PLEASE TYPE OR PRINT IN BLACK INK Quarterly Report: (Check one:) 1st 2nd 3rd 4th Final Report Amendment of the Report Indicated Above FOR OFFICE USE ONLY Full name and complete mailing address of Poli cal Commi ee: COMMITTEE ID # CHECK FOR ADDRESS CHANGE E-mail address: CHECK FOR E-MAIL ADDRESS CHANGE REPORTING PERIOD CASH AVAILABLE AT BEGINNING OF REPORTING PERIOD: $ Repeat this amount in SECTION D, Line (A)FROM THRU ALL POLITICAL COMMITTEES RETURN TO: STATE BOARD OF ELECTIONS STATE BOARD OF ELECTIONS 2329 S MacARTHUR BLVD JAMES R THOMPSON CENTER SPRINGFIELD, IL 62704-4503 100 W RANDOLPH, STE 14-100 CHICAGO, IL 60601-3232 OR VERIFICATION: I DECLARE THAT THIS QUARTERLY REPORT OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES (INCLUDING ACCOMPANYING SCHEDULES AND STATEMENTS) HAS BEEN EXAMINED BY ME AND TO THE BEST THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE, CORRECT AND COMPLETE REPORT AS REQUIRED BY ARTICLE 9 OF THE ELECTION CODE. I UNDERSTAND THAT WILLFULLY FILING A FALSE OR INCOMPLETE STATEMENT IS SUBJECT TO A CIVIL PENALTY OF AT LEAST $1001 AND UP TO $5000. PAGE 1 OF 2THIS FORM MAY BE REPRODUCED REVISED 7/17 SECTION A — RECEIPTS SECTION B — EXPENDITURES SIGNATURE OF COMMITTEE TREASURER OR CANDIDATE DATE 1. Individual Contribu ons a. Itemized (from Schedule A): $_______________(1a) b. Not-Itemized: $_______________(1b) 2. Transfers In a. Itemized (from Schedule A): $_______________(2a) b. Not-Itemized: $_______________(2b) 3. Loans Received a. Itemized (from Schedule A): $_______________(3a) b. Not-Itemized $_______________(3b) 4. Other Receipts a. Itemized (from Schedule A): $_______________(4a) b. Not-Itemized $_______________(4b) TOTAL RECEIPTS (1a thru 4b) $_______________(TR) ******************************************************* Name and address of person submi ng this report if other than the commi ee’s Chairman or Treasurer: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ ******************************************************* SECTION C — DEBTS AND OBLIGATIONS (Include previously reported unpaid debts) ******************************************************* SECTION D — CASH BALANCE Cash available at beginning of repor ng period: $_______________ (A) Total Receipts from Sec on A (TR): $_______________ (B) Total cash (A) plus (B): $_______________ (C) Total Expenditures from Sec on B (TE): $_______________ (D) Funds available at close of repor ng period (C minus D) : $_______________ (E) Investments total (if applicable): $_______________ (F) ******************************************************* 5. In-Kind Contribu ons a. Itemized (from Schedule I): $_______________(5a) b. Not-Itemized $_______________(5b) TOTAL IN-KIND (5a + 5b) $_______________(TI) 6. Transfers Out a. Itemized (from Schedule B): $_______________(6a) b. Not-Itemized: $_______________(6b) 7. Loans Made a. Itemized (from Schedule B): $_______________(7a) b. Not-Itemized: $_______________(7b) 8. Expenditures a. Itemized (from Schedule B): $_______________(8a) b. Not-Itemized $_______________(8b) 9. Independent Expenditures a. Itemized (from Schedule B-9): $_______________(9a) b. Not-Itemized $_______________(9b) TOTAL EXPENDITURES (6a thru 9b)$_______________(TE) 10. a. Itemized (from Schedule C): $_______________(10a) b. Not-Itemized $_______________(10b) TOTAL DEBTS & OBLIGATIONS $_______________
  • 36. INSTRUCTIONS FOR COMPLETION OF THIS D-2 FORM SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR ADDITIONAL GUIDANCE Reports must be postmarked at least 72 hours prior to the ling deadline to be considered a mely ling if received a er the deadline. These instruc ons are a step-by-step guide for the comple on of the Form D-2: Report of Campaign Contribu ons and Expenditures. If further clari ca on is needed, please contact the State Board of Elec ons 1. Check the applicable box(es) for the type of report being led. 2. If this is an amendment, check all applicable boxes, a ach form DESCRIPTION OF AMENDED INFORMATION and list the reason(s) for the amendment. 3. Enter the name and address of the poli cal commi ee. Check box if address has changed. List the repor ng period of the required report. List the cash available—this amount should include both checking and savings account balance. Repeat this amount in Sec on D, line (A). 4. Enter the commi ee iden ca on number in the box marked COMMITTEE ID #. 5. Commi ee Treasurer or Candidate must sign and date the report. Unsigned or undated reports will be returned for signature and date. Persons preparing the report who are not the commi ee Treasurer or Chairman are to list their name and address in the space provided in the bo om le . SECTION A - RECEIPTS 1. Individual Contribu ons: Include cket and ra e sales. Amounts in excess of $150 must be itemized on a Schedule A, Part 1, and reported on Line 1a. If a contributor is an individual who contributed more than $500, include the employer and occupa on of that individual on that Schedule A. Total all other individual amounts ($150 or less) and report on Line 1b. 2. Transfers In: Contribu ons from poli cal commi ees, including cket and ra e sales. Amounts in excess of $150 must be itemized on a Schedule A, Part 2, and reported on Line 2a. Total all other Transfers In ($150 or less) and report on Line 2b. 3. Loans Received: Amounts in excess of $150 must be itemized on a Schedule A, Part 3, and reported on Line 3a. Include endorsers, if any. If an endorser or lender is an individual who endorses or lends the commi ee more than $500, include the employer and occupa on of that individual on that Schedule A. Total other loans and report on Line 3b. 4. Other Receipts: Include refunds, liquida on of assets, liquida on of investments, and receipts not re ected in Parts 1-3. Amounts in excess of $150 must be itemized on a Schedule A, Part 4, and reported on Line 4a. Total all other receipts and report on Line 4b. 5. In-Kind Contribu ons: Contribu ons other than cash and valued in excess of $150 must be itemized on a Schedule I and reported on Line 5a. Total all other in-kind contribu ons and report on Line 5b. If a contributor is an individual who contributes an in-kind with value in excess of $500, include the employer and occupa on of that individual. SECTION B - EXPENDITURES 6. Transfers Out: Expenditures made to other poli cal commi ees, including ckets and ra e purchases. Amounts in excess of $150 must be itemized on a Schedule B, Part 6, and reported on Line 6a. Total all other transfers out and report on Line 6b. 7. Loans Made: Amounts in excess of $150 must be itemized on a Schedule B, Part 7 and reported on Line 7a. Total all other loans made and report on Line 7b. 8. Expenditures: Opera ng expenses, etc., to one vendor in excess of $150 must be itemized on a Schedule B, Part 8 and reported on Line 8a. Total all other expenditures and report on Line 8b. 9. Independent Expenditures: Amounts in excess of $150 must be itemized on a Schedule B-9 and reported on Line 9a. Total all other independent expenditures and report on Line 9b. SECTION C - DEBTS AND OBLIGATIONS 10. Debts and Obliga ons: Outstanding debts as of the close of this repor ng period. Amounts in excess of $150 must be itemized on a Schedule C and reported on Line 10a. All other debts and obliga ons are totaled and listed on Line 10b. Include all unpaid debts from previous repor ng periods. TOTAL DEBTS AND OBLIGATIONS: Add Lines 10a and 10b and list. SECTION D - CASH BALANCE Repeat the Cash Available gure on Line A, list total receipts on Line B, add together Lines A and B and list the total on Line C. List total expenditures on Line D. Subtract Line D from Line C, and list the total on Line E. Line E must indicate $0.00 for a Final Report. Investment Total: Amount from Investment Schedule should be carried forward and listed on Line F. _______________________________________________________________________________________________________________ THE ILLINOIS STATE BOARD OF ELECTIONS IS REQUESTING DISCLOSURE OF INFOMRATION THAT IS NECESSARTY IF YOU QUALIFY AS A POLITICAL COMMITTEE, AS OUTLINED UNDER PUBLIC ACT 78-1183. DISCLOSURE OF THIS INFORMATION IS REQUIRED. FAILURE TO PROVIDE ANY INFORMATION COULD RESULT IN A CIVIL PENALTY OF UP TO $5,000. THIS FORM IS IN COMPLIANCE WITH THE FORMS MANAGEMENT PROGRAM ACT. PAGE 2 of 2 www.elec ons.il.gov
  • 37. NAME OF POLITICAL COMMITTEE: REPORTING PERIOD FOR OFFICE USE ONLY FROM THRU SCHEDULE A RECEIPTS CHECK THE PART OF FORM D-2, SECTION A, BEING ITEMIZED: PART #1- INDIVIDUAL CONTRIBUTIONS INCLUDING TICKETS AND RAFFLE SALES PART #3- LOANS RECEIVED INCLUDING ENDORSER POLITICAL COMMITTEE IDENTIFICATION No. PART #2- TRANSFERS IN POLITICAL COMMITTEE CONTRIBUTIONS INCLUDING TICKET AND RAFFLE SALES PART #4- OTHER RECEIPTS SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR GUIDANCE. ITEMIZED RECEIPTS FULL NAME, MAILING ADDRESS, AND ZIP CODE DATE RECEIVED AMOUNT OF EACH RECEIPT AGGREGATE AMOUNT FOR THIS REPORTING PERIOD $ $ EMPLOYER: OCCUPATION: $ $ EMPLOYER: OCCUPATION: $ $ EMPLOYER: OCCUPATION: $ $ EMPLOYER: OCCUPATION: $ $ EMPLOYER: OCCUPATION: $ $ EMPLOYER: OCCUPATION: $ $ EMPLOYER: OCCUPATION: $ $ EMPLOYER: OCCUPATION: $ $ EMPLOYER: OCCUPATION: USE A SEPARATE SCHEDULE A FOR EACH PARTS 1, 2, 3, & 4 TOTAL THIS PERIOD $ _______________ CHECK IF THIS IS THE LAST PAGE OF THIS PART ONLY THIS FORM MAY BE REPRODUCED PAGE 1 of 2 REVISED 1/1/11
  • 38. INSTRUCTIONS FOR COMPLETION OF THIS SCHEDULE A SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR ADDITIONAL GUIDANCE. 1. Enter the name of political committee. 2. Enter the reporting period. 3. Place committee identification number in the box marked POLITICAL COMMITTEE IDENTIFICATION NO.. 4. Indicate the numbered part of form D-2, Section A, being itemized. Use a separate Schedule A for each numbered part of Section A. 5. A receipt must be itemized if it exceeds $150 in aggregate from one source during the reporting period. 6. Each itemization shall be by full name and mailing address (including zip code) of the source as well as the date received, the amount of each receipt, and the aggregate amount from that one source for the reporting period. 7. Any contribution from a natural person or any loan from or endorsed by a natural person that exceeds an amount in aggregate of $500 must include the employer and occupation of such person. If, after making written and/or oral requests for this information, as outlined in Section100.160 of our rules and regulations, the occupation and employer are still unknown, include a statement that the committee has made a good faith effort to obtain the information. 8. Proceeds from fund raising activities shall be reported in Part 1 if received from individuals and in Part 2 if received from other political committees. 9. When itemizing loans, include endorsers and co-signers, if any. 10. The last page for each numbered part is to be totaled at the bottom of the last page. 11. This total is to be entered on the appropriate line of the D-2, Section A. www.elections.il.gov PAGE 2 OF 2
  • 39. SCHEDULE A-1 REPORT OF CAMPAIGN CONTRIBUTIONS OF $1000 OR MORE FOR OFFICE USE ONLY Full name and complete mailing address of Political Committee: CHECK IF AN ADDRESS CHANGE POLITICAL COMMITTEE IDENTIFICATION No. SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR GUIDANCE. Note: Schedule A-1 reporting requirements now apply throughout the calendar year. This form must be filed within 5 business days after receipt of any contribution of $1000 or more, or within 2 business days if that receipt was within 30 days or less before the date of an election and the political committee supports or opposes a candidate or public question on the ballot at that election or makes expenditures in excess of $500 on behalf of or in opposition to a candidate(s), or a public question(s), on the ballot at that election by either: 1. HAND DELIVERY - to a State Board of Elections office (see bottom of form for addresses), 2. FACSIMILE - to (217)-782-5959 or (312)-814-6485. Please retain a confirmation transmission for your records, 3. ELECTRONIC TRANSMISSION - If this political committee is required to file its reports electronically, the Schedule A-1 must also be filed electronically. Postal service or other mail services may be used. CAUTION; such services do not guarantee that the A-1 form will be received by our office prior to the deadline. A POSTMARK IS NOT USED TO DETERMINE WHETHER AN A-1 FORM HAS BEEN TIMELY FILED. THESE CONTRIBUTIONS MUST ALSO BE REPORTED ON THE NEXT REGULARLY SCHEDULED FORM D-2 QUARTERLY REPORT, SCHEDULE A OR SCHEDULE I. RECEIVED FROM: FULL NAME, MAILING ADDRESS, AND ZIP CODE DATE AMOUNT $ $ $ $ $ SIGNATURE OF TREASURER OR CANDIDATE DATE Name and address of person submitting this report if other than the committee’s chairman or treasurer: THE ILLINOIS STATE BOARD OF ELECTIONS IS REQUESTING DISCLOSURE OF INFORMATION THAT IS NECESSARY IF YOU QUALIFY AS A POLITICAL COMMITTEE AS OUTLINED UNDER PUBLIC ACT 78-1183, DISCLOSURE OF THIS INFORMATION IS REQUIRED. FAILURE TO PROVIDE ANY INFORMATION COULD RESULT IN A FINE UP TO $5,000. THIS FORM IS IN COMPLIANCE WITH THE FORMS MANAGEMENT PROGRAM ACT ALL POLITICAL COMMITTEES RETURN TO: STATE BOARD OF ELECTIONS 2329 S MACARTHUR BLVD SPRINGFIELD, IL 62704-4503 OR STATE BOARD OF ELECTIONS JAMES R. THOMPSON CENTER 100 W RANDOLPH ST, STE 14-100 CHICAGO, IL. 60601-3232 THIS FORM MAY BE REPRODUCED PAGE 1 OF 2 REVISED 6/3/16
  • 40. INSTRUCTIONS FOR COMPLETION OF THIS SCHEDULE A-1 FORM The State Board of Elections may impose fines for delinquent filing of a Schedule A-1 up to 150% of the contribution(s) reported late if the violation is determined to be willful or wanton, and up to 50% of the contribution(s) reported late if the violation is determined to be negligent or inadvertent. *According to 10 ILCS 5/9-10(d) of the Act a contribution is received “on the date (i) a monetary contribution was deposited in a bank, financial institution, or other repository of funds for the committee, (ii) the date a committee receives notice a monetary contribution was deposited by an entity used to process financial transactions by credit card or other entity used for processing a monetary contribution that was deposited in a bank, financial institution, or other repository of funds for the committee, or (iii) the public official, candidate, or political committee receives the notification of contribution of goods or services.” SEE PAMPHLET “A GUIDE TO CAMPAIGN DISCLOSURE” FOR ADDITIONAL GUIDANCE. 1. A political committee shall file a report of any contribution(s) of $1,000 or more from a single source, with the Board within 5 business days after receipt of the contribution(s), except that the report shall be filed within 2 business days after receipt if (i) the contribution(s) is received 30 or fewer days before the date of an election and (ii) the political committee supports or opposes a candidate or public question on the ballot at that election or makes expenditures in excess of $500 on behalf of or in opposition to a candidate, candidates, a public question, or public questions on the ballot at that election. Note: Schedule A-1 reporting requirements now apply throughout the calendar year. 2. Enter the name and mailing address of the political committee. 3. Enter the committee identification number in the box marked POLITICAL COMMITTEE IDENTIFICATION NO. 4. List full name and mailing address (including zip code) of the contributor, date the contribution was received, and the amount of the contribution(s). 5. A candidate’s own funds as well as Loans and In-Kind contributions must also be reported if they are $1000 or more. 6. Information reported on this A-1 will be restated on the next regularly scheduled D-2 report form Schedule A. 7. This form must be dated and signed by the treasurer or chairman. 8. If you are required by law to file your reports electronically, all A-1 reports must also be filed electronically. For such committees, an A-1 will not be considered received until it is filed electronically. If you need assistance, please contact the State Board of Elections. 9. Committees that are not required to file reports electronically may file A-1 reports in person, by facsimile transmission or electronically. 10. Include the full name and mailing address of the person submitting the Schedule A-1 on behalf of the committee, if other than the chairman or treasurer. www.elections.il.gov PAGE 2 OF 2
  • 41. NAME OF POLITICAL COMMITTEE: REPORTING PERIOD FOR OFFICE USE ONLY FROM THRU SCHEDULE B EXPENDITURES CHECK THE PART OF FORM D-2 BEING ITEMIZED: POLITICAL COMMITTEE PART #6 TRANSFERS OUT EXPENDITURES TO POLITICAL COMMITTEES - INCLUDING TICKET & RAFFLE PURCHASES PART #7 LOANS MADE IDENTIFICATION No. PART #8 EXPENDITURES SEE PAMPHLET ”A GUIDE TO CAMPAIGN DISCLOSURE” FOR GUIDANCE. ITEMIZED EXPENDITURES FULL NAME, MAILING ADDRESS, AND ZIP CODE DATE OF EXPENDITURE PURPOSE BENEFICIARY AMOUNT OF EACH EXPENDITURE THIS REPORTING PERIOD AGGREGATE AMOUNT THIS REPORTING PERIOD USE SEPARATE SCHEDULE B FOR EACH PARTS 6, 7, & 8 TOTAL THIS PERIOD $ __________________ CHECK IF LAST PAGE OF THIS SCHEDULE THIS FORM MAY BE REPRODUCED PAGE 1 OF 2 REVISED 1/1/11