(35 ILCS 5/602) (from Ch. 120, par. 6-602)
Sec. 602.
Tentative Payments.
(a) In general. Pursuant to Section 505,
the Department may promulgate regulations to provide automatic extensions
of the time for filing a return. In connection with any other extension
provided under Section 505 of the time for filing a return, the taxpayer
shall file a tentative tax return and pay, on or before the date prescribed
by law for the filing of such return (determined without regard to any
extensions of time for such filing), the amount properly estimated as his
tax for the taxable year.
(b) Interest and Penalty. Interest and penalty on any amount of tax due
and unpaid for the period of any extension shall be payable as provided by
the Uniform Penalty and Interest Act. However, if the taxpayer is a member,
or, in the case of a joint return, the spouse of a member, of the United
States Armed Forces serving in a combat zone and subject to a filing
extension in accordance with a proclamation by the President of the United
States pursuant to Section 7508 of the Internal Revenue Code, no interest
or penalty shall be applicable for the taxable year ending on and after
December 31, 1990.
(Source: P.A. 87-205; 87-339; 87-895 .)
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(35 ILCS 5/603) (from Ch. 120, par. 6-603)
Sec. 603.
(Repealed).
(Source: Repealed by P.A. 88-195.)
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(35 ILCS 5/604) (from Ch. 120, par. 6-604)
Sec. 604.
Any payment to the Department which is made by a check or
money order not payable to the Department shall, within 15 days after
receipt thereof, be returned by
the Department to the taxpayer who submitted
such check or money order or, if the amount of payment is equal to the
amount owed to the State of Illinois, the Department may deposit
such check.
(Source: P.A. 86-977.)
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(35 ILCS 5/605) (from Ch. 120, par. 6-605)
Sec. 605.
The Department may adopt rules and regulations for payment
of taxes due under this Act by credit card only when the Department is not
required to pay a discount fee charged by the credit card issuer.
(Source: P.A. 87-1175; 87-1189.)
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(35 ILCS 5/606) Sec. 606. EDGE payment. A payment includes a payment provided for in subsection (g) of Section 5-15 of the Economic Development for a Growing Economy Tax Credit Act.
(Source: P.A. 96-836, eff. 12-16-09; 96-1000, eff. 7-2-10.) |
(35 ILCS 5/Art. 7 heading) ARTICLE 7.
WITHHOLDING TAX.
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(35 ILCS 5/701) (from Ch. 120, par. 7-701) Sec. 701. Requirement and amount of withholding.
(a) In General. Every
employer maintaining an office or transacting business within this State
and required under the provisions of the Internal Revenue Code to
withhold a tax on:
(1) compensation paid in this State (as determined | ||
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(2) payments described in subsection (b) shall deduct | ||
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(a-5) Withholding from nonresident employees. For taxable years beginning on or after January 1, 2020, for purposes of determining compensation paid in this State under paragraph (B) of item (2) of subsection (a) of Section 304: (1) If an employer maintains a time and attendance | ||
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(A) in which the employee is required, on a | ||
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(B) that is designed to allow the employer to | ||
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(2) In all other cases, the employer shall obtain a | ||
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(b) Payment to Residents. Any payment (including compensation, but not including a payment from which withholding is required under Section 710 of this Act) to a
resident
by a payor maintaining an office or transacting business within this State
(including any agency, officer, or employee of this State or of any political
subdivision of this State) and on which withholding of tax is required under
the provisions of the
Internal Revenue Code shall be deemed to be compensation paid in this State
by an employer to an employee for the purposes of Article 7 and Section
601(b)(1) to the extent such payment is included in the recipient's base
income and not subjected to withholding by another state.
Notwithstanding any other provision to the contrary, no amount shall be
withheld from unemployment insurance benefit payments made to an individual
pursuant to the Unemployment Insurance Act unless the individual has
voluntarily elected the withholding pursuant to rules promulgated by the
Director of Employment Security.
(c) Special Definitions. Withholding shall be considered required under
the provisions of the Internal Revenue Code to the extent the Internal Revenue
Code either requires withholding or allows for voluntary withholding the
payor and recipient have entered into such a voluntary withholding agreement.
For the purposes of Article 7 and Section 1002(c) the term "employer" includes
any payor who is required to withhold tax pursuant to this Section.
(d) Reciprocal Exemption. The Director may enter into an agreement with
the taxing authorities of any state which imposes a tax on or measured by
income to provide that compensation paid in such state to residents of this
State shall be exempt from withholding of such tax; in such case, any
compensation paid in this State to residents of such state shall be exempt
from withholding.
All reciprocal agreements shall be subject to the requirements of Section
2505-575 of the Department of Revenue Law (20 ILCS
2505/2505-575).
(e) Notwithstanding subsection (a)(2) of this Section, no withholding
is required on payments for which withholding is required under Section
3405 or 3406 of the Internal Revenue Code.
(Source: P.A. 101-585, eff. 8-26-19; 102-558, eff. 8-20-21.)
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(35 ILCS 5/702) (from Ch. 120, par. 7-702)
Sec. 702. Amount Exempt from Withholding. For purposes of this Section
an employee shall be entitled to a withholding exemption in an amount equal
to the basic amount in Section 204(b) for each personal or
dependent exemption which he is
entitled to claim on his federal return pursuant to Section 151 of the
Internal Revenue Code; plus an allowance equal to $1,000 for each
$1,000 he is entitled to deduct from gross income in arriving at adjusted
gross income pursuant to Section 62 of the Internal Revenue Code;
plus an additional allowance equal to $1,000 for each $1,000 eligible for
subtraction on
his Illinois income tax return as Illinois real estate taxes paid during
the taxable year; or in any lesser amount claimed
by him. Every employee shall furnish to his employer such information as
is required for the employer to make an accurate withholding under this
Act. The employer may rely on this information for withholding purposes.
If any employee fails or refuses to furnish such information, the employer
shall withhold the full rate of tax from the employee's total compensation.
(Source: P.A. 97-507, eff. 8-23-11.)
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(35 ILCS 5/703) (from Ch. 120, par. 7-703)
Sec. 703. Information statement. Every employer required to deduct and withhold tax under this Act from
compensation of an employee, or who would have been required so to deduct
and withhold tax if the employee's withholding exemption were not in excess
of the basic amount in Section 204(b), shall furnish in
duplicate to each such employee in respect of
the compensation paid by such employer to such employee during the calendar
year on or before January 31 of the succeeding year, or, if his employment
is terminated before the close of such calendar year, on the date on which
the last payment of compensation is made, a written statement in such form
as the Department may by regulation prescribe showing the amount of
compensation paid by the employer to the employee, the amount deducted and
withheld as tax, and such other information as the Department shall
prescribe. A copy of such statement shall be filed by the employee with his
return for his taxable year to which it relates (as determined under
Section 601(b)(1)).
(Source: P.A. 97-507, eff. 8-23-11.)
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