Illinois General Assembly - Full Text of SB1741
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Full Text of SB1741  97th General Assembly


Rep. Carol A. Sente

Filed: 5/12/2011





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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 estimated tax. The Department shall may



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



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1the claim and, if the taxpayer has so requested, shall grant
2the taxpayer or the taxpayer's authorized representative a
3hearing within 6 months after the date such request is filed.
4    (f) Effect of denial. A denial of a claim for refund
5becomes final 60 days after the date of issuance of the notice
6of such denial except for such amounts denied as to which the
7claimant has filed a protest with the Department, as provided
8by Section 910.
9    (g) An overpayment of tax shown on the face of an unsigned
10return shall be considered forfeited to the State if after
11notice and demand for signature by the Department the taxpayer
12fails to provide a signature and 3 years have passed from the
13date the return was filed. An overpayment of tax refunded to a
14taxpayer whose return was filed electronically shall be
15considered an erroneous refund under Section 912 of this Act
16if, after proper notice and demand by the Department, the
17taxpayer fails to provide a required signature document. A
18notice and demand for signature in the case of a return
19reflecting an overpayment may be made by first class mail. This
20subsection (g) shall apply to all returns filed pursuant to
21this Act since 1969.
22    (h) This amendatory Act of 1983 applies to returns and
23claims for refunds filed with the Department on and after July
241, 1983.
25(Source: P.A. 89-399, eff. 8-20-95.)".