Sen. David S. Luechtefeld

Filed: 3/31/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1741

2    AMENDMENT NO. ______. Amend Senate Bill 1741 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Income Tax Act is amended by
5changing Section 909 as follows:
 
6    (35 ILCS 5/909)  (from Ch. 120, par. 9-909)
7    Sec. 909. Credits and Refunds.
8    (a) In general. In the case of any overpayment, the
9Department may credit the amount of such overpayment, including
10any interest allowed thereon, against any liability in respect
11of the tax imposed by this Act, regardless of whether other
12collection remedies are closed to the Department on the part of
13the person who made the overpayment and shall refund any
14balance to such person or credit any balance to that person
15pursuant to an election in subparagraph (b) of this Section.
16    (b) Credits against taxes imposed by this Act estimated

 

 

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1tax. The Department shall may prescribe regulations providing
2for (i) the crediting against the estimated tax for any taxable
3year of the amount determined by the taxpayer or the Department
4to be an overpayment of the tax imposed by this Act for a
5preceding taxable year and (ii) a taxpayer election allowing
6for the crediting against any liability in respect of the tax
7imposed by this Act for any taxable year of a refund or
8overpayment of the tax imposed by this Act for any taxable
9year.
10    (c) Interest on overpayment. Interest shall be allowed and
11paid at the rate and in the manner prescribed in Section 3-2 of
12the Uniform Penalty and Interest Act upon any overpayment in
13respect of the tax imposed by this Act. For purposes of this
14subsection, no amount of tax, for any taxable year, shall be
15treated as having been paid before the date on which the tax
16return for such year was due under Section 505, without regard
17to any extension of the time for filing such return.
18    (d) Refund claim. Every claim for refund shall be filed
19with the Department in writing in such form as the Department
20may by regulations prescribe, and shall state the specific
21grounds upon which it is founded.
22    (e) Notice of denial. As soon as practicable after a claim
23for refund is filed, the Department shall examine it and either
24issue a notice of refund, abatement or credit to the claimant
25or issue a notice of denial. If the Department has failed to
26approve or deny the claim before the expiration of 6 months

 

 

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1from the date the claim was filed, the claimant may
2nevertheless thereafter file with the Department a written
3protest in such form as the Department may by regulation
4prescribe. If a protest is filed, the Department shall consider
5the claim and, if the taxpayer has so requested, shall grant
6the taxpayer or the taxpayer's authorized representative a
7hearing within 6 months after the date such request is filed.
8    (f) Effect of denial. A denial of a claim for refund
9becomes final 60 days after the date of issuance of the notice
10of such denial except for such amounts denied as to which the
11claimant has filed a protest with the Department, as provided
12by Section 910.
13    (g) An overpayment of tax shown on the face of an unsigned
14return shall be considered forfeited to the State if after
15notice and demand for signature by the Department the taxpayer
16fails to provide a signature and 3 years have passed from the
17date the return was filed. An overpayment of tax refunded to a
18taxpayer whose return was filed electronically shall be
19considered an erroneous refund under Section 912 of this Act
20if, after proper notice and demand by the Department, the
21taxpayer fails to provide a required signature document. A
22notice and demand for signature in the case of a return
23reflecting an overpayment may be made by first class mail. This
24subsection (g) shall apply to all returns filed pursuant to
25this Act since 1969.
26    (h) This amendatory Act of 1983 applies to returns and

 

 

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1claims for refunds filed with the Department on and after July
21, 1983.
3(Source: P.A. 89-399, eff. 8-20-95.)".