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91_SB0797
LRB9105973PTmb
1 AN ACT to amend the Illinois Income Tax Act by changing
2 Section 911.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Income Tax Act is amended by
6 changing Section 911 as follows:
7 (35 ILCS 5/911) (from Ch. 120, par. 9-911)
8 Sec. 911. Limitations on Claims for Refund.
9 (a) In general. Except as otherwise provided in this
10 Act:
11 (1) A claim for refund shall be filed not later
12 than 3 years after the date the return was filed (in the
13 case of returns required under Article 7 of this Act
14 respecting any amounts withheld as tax, not later than 3
15 years after the 15th day of the 4th month following the
16 close of the calendar year in which such withholding was
17 made), or one year after the date the tax was paid,
18 whichever is the later; and
19 (2) No credit or refund shall be allowed or made
20 with respect to the year for which the claim was filed
21 unless such claim is filed within such period.
22 (b) Federal changes.
23 (1) In general. In any case where notification of
24 an alteration is required by Section 506 (b), a claim for
25 refund may be filed within 2 years after the date on
26 which such notification was due (regardless of whether
27 such notice was given), but the amount recoverable
28 pursuant to a claim filed under this Section shall be
29 limited to the amount of any overpayment resulting under
30 this Act from recomputation of the taxpayer's net income,
31 net loss, or Article 2 credits for the taxable year after
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1 giving effect to the item or items reflected in the
2 alteration required to be reported.
3 (2) Tentative carryback adjustments paid before
4 January 1, 1974. If, as the result of the payment before
5 January 1, 1974 of a federal tentative carryback
6 adjustment, a notification of an alteration is required
7 under Section 506 (b), a claim for refund may be filed at
8 any time before January 1, 1976, but the amount
9 recoverable pursuant to a claim filed under this Section
10 shall be limited to the amount of any overpayment
11 resulting under this Act from recomputation of the
12 taxpayer's base income for the taxable year after giving
13 effect to the federal alteration resulting from the
14 tentative carryback adjustment irrespective of any
15 limitation imposed in paragraph (l) of this subsection.
16 (c) Extension by agreement. Where, before the
17 expiration of the time prescribed in this section for the
18 filing of a claim for refund, both the Department and the
19 claimant shall have consented in writing to its filing after
20 such time, such claim may be filed at any time prior to the
21 expiration of the period agreed upon. The period so agreed
22 upon may be extended by subsequent agreements in writing made
23 before the expiration of the period previously agreed upon.
24 (d) Limit on amount of credit or refund.
25 (1) Limit where claim filed within 3-year period.
26 If the claim was filed by the claimant during the 3-year
27 period prescribed in subsection (a), the amount of the
28 credit or refund shall not exceed the portion of the tax
29 paid within the period, immediately preceding the filing
30 of the claim, equal to 3 years plus the period of any
31 extension of time for filing the return.
32 (2) Limit where claim not filed within 3-year
33 period. If the claim was not filed within such 3-year
34 period, the amount of the credit or refund shall not
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1 exceed the portion of the tax paid during the one year
2 immediately preceding the filing of the claim.
3 (e) Time return deemed filed. For purposes of this
4 section a tax return filed before the last day prescribed by
5 law for the filing of such return (including any extensions
6 thereof) shall be deemed to have been filed on such last day.
7 (f) No claim for refund based on the taxpayer's taking a
8 credit for estimated tax payments as provided by Section 601
9 (b) (2) or for any amount paid by a taxpayer pursuant to
10 Section 602(a) or for any amount of credit for tax withheld
11 pursuant to Section 701 may be filed more than 3 years after
12 the due date, as provided by Section 505, of the return which
13 was required to be filed relative to the taxable year for
14 which the payments were made or for which the tax was
15 withheld. The changes in this subsection (f) made by this
16 amendatory Act of 1987 shall apply to all taxable years
17 ending on or after December 31, 1969.
18 (g) Special Period of Limitation with Respect to Net
19 Loss Carrybacks. If the claim for refund relates to an
20 overpayment attributable to a net loss carryback as provided
21 by Section 207, in lieu of the 3 year period of limitation
22 prescribed in subsection (a), the period shall be that period
23 which ends 3 years after the time prescribed by law for
24 filing the return (including extensions thereof) for the
25 taxable year of the net loss which results in such carryback,
26 or the period prescribed in subsection (c) in respect of such
27 taxable year, whichever expires later. In the case of such a
28 claim, the amount of the refund may exceed the portion of the
29 tax paid within the period provided in subsection (d) to the
30 extent of the amount of the overpayment attributable to such
31 carryback.
32 (h) Any credit or refund that is allowed under this
33 Section shall bear interest at the rate and in the manner
34 specified in the Uniform Penalty and Interest Act.
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1 (Source: P.A. 90-491, eff. 1-1-98.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.