[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB0662
LRB9104863PTpk
1 AN ACT to amend the Illinois Income Tax Act by changing
2 Sections 911 and 1401.
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 Sections 911 and 1401 as follows:
7 (35 ILCS 5/911) (from Ch. 120, par. 9-911)
8 Sec. 911. Limitations on Claims for refund or credit.
9 (a) In general. Except as otherwise provided in this
10 Act:
11 (1) A claim for refund or credit may be filed at
12 any time. shall be filed not later than 3 years after the
13 date the return was filed (in the case of returns
14 required under Article 7 of this Act respecting any
15 amounts withheld as tax, not later than 3 years after the
16 15th day of the 4th month following the close of the
17 calendar year in which such withholding was made), or one
18 year after the date the tax was paid, whichever is the
19 later; and
20 (2) (Blank). No credit or refund shall be allowed
21 or made with respect to the year for which the claim was
22 filed unless such claim is filed within such period.
23 (b) (Blank). Federal changes.
24 (1) In general. In any case where notification of
25 an alteration is required by Section 506 (b), a claim for
26 refund may be filed within 2 years after the date on
27 which such notification was due (regardless of whether
28 such notice was given), but the amount recoverable
29 pursuant to a claim filed under this Section shall be
30 limited to the amount of any overpayment resulting under
31 this Act from recomputation of the taxpayer's net income,
-2- LRB9104863PTpk
1 net loss, or Article 2 credits for the taxable year after
2 giving effect to the item or items reflected in the
3 alteration required to be reported.
4 (2) Tentative carryback adjustments paid before
5 January 1, 1974. If, as the result of the payment before
6 January 1, 1974 of a federal tentative carryback
7 adjustment, a notification of an alteration is required
8 under Section 506 (b), a claim for refund may be filed at
9 any time before January 1, 1976, but the amount
10 recoverable pursuant to a claim filed under this Section
11 shall be limited to the amount of any overpayment
12 resulting under this Act from recomputation of the
13 taxpayer's base income for the taxable year after giving
14 effect to the federal alteration resulting from the
15 tentative carryback adjustment irrespective of any
16 limitation imposed in paragraph (l) of this subsection.
17 (c) (Blank). Extension by agreement. Where, before the
18 expiration of the time prescribed in this Section for the
19 filing of a claim for refund, both the Department and the
20 claimant shall have consented in writing to its filing after
21 such time, such claim may be filed at any time prior to the
22 expiration of the period agreed upon. The period so agreed
23 upon may be extended by subsequent agreements in writing made
24 before the expiration of the period previously agreed upon.
25 (d) (Blank). Limit on amount of credit or refund.
26 (1) Limit where claim filed within 3-year period.
27 If the claim was filed by the claimant during the 3-year
28 period prescribed in subsection (a), the amount of the
29 credit or refund shall not exceed the portion of the tax
30 paid within the period, immediately preceding the filing
31 of the claim, equal to 3 years plus the period of any
32 extension of time for filing the return.
33 (2) Limit where claim not filed within 3-year
34 period. If the claim was not filed within such 3-year
-3- LRB9104863PTpk
1 period, the amount of the credit or refund shall not
2 exceed the portion of the tax paid during the one year
3 immediately preceding the filing of the claim.
4 (e) (Blank). Time return deemed filed. For purposes of
5 this section a tax return filed before the last day
6 prescribed by law for the filing of such return (including
7 any extensions thereof) shall be deemed to have been filed on
8 such last day.
9 (f) (Blank). No claim for refund based on the taxpayer's
10 taking a credit for estimated tax payments as provided by
11 Section 601 (b) (2) or for any amount paid by a taxpayer
12 pursuant to Section 602(a) or for any amount of credit for
13 tax withheld pursuant to Section 701 may be filed more than 3
14 years after the due date, as provided by Section 505, of the
15 return which was required to be filed relative to the taxable
16 year for which the payments were made or for which the tax
17 was withheld. The changes in this subsection (f) made by this
18 amendatory Act of 1987 shall apply to all taxable years
19 ending on or after December 31, 1969.
20 (g) (Blank). Special Period of Limitation with Respect
21 to Net Loss Carrybacks. If the claim for refund relates to
22 an overpayment attributable to a net loss carryback as
23 provided by Section 207, in lieu of the 3 year period of
24 limitation prescribed in subsection (a), the period shall be
25 that period which ends 3 years after the time prescribed by
26 law for filing the return (including extensions thereof) for
27 the taxable year of the net loss which results in such
28 carryback, or the period prescribed in subsection (c) in
29 respect of such taxable year, whichever expires later. In
30 the case of such a claim, the amount of the refund may exceed
31 the portion of the tax paid within the period provided in
32 subsection (d) to the extent of the amount of the overpayment
33 attributable to such carryback.
34 (Source: P.A. 90-491, eff. 1-1-98.)
-4- LRB9104863PTpk
1 (35 ILCS 5/1401) (from Ch. 120, par. 14-1401)
2 Sec. 1401. Promulgation of Rules and Regulations.
3 (a) In general. The Department is authorized to make,
4 promulgate and enforce such reasonable rules and regulations,
5 and to prescribe such forms, relating to the administration
6 and enforcement of the provisions of this Act, as it may deem
7 appropriate.
8 (b) Group administration for taxpayers that are members
9 of a unitary business group.
10 (1) For taxable years ending before December 31,
11 1993, the Department shall make, promulgate and enforce
12 such reasonable rules and regulations, and prescribe such
13 forms as it may deem appropriate, to permit all of the
14 taxpayers that are corporations (other than Subchapter S
15 corporations) having the same taxable year and that are
16 members of the same unitary business group to elect to be
17 treated as one taxpayer for purposes of any original
18 return, amended return which includes the same taxpayers
19 of the unitary group which joined in the election to file
20 the original return, extension, claim for refund,
21 assessment, collection and payment and determination of
22 the group's tax liability under this Act. For taxable
23 years ending on or after December 31, 1987, corporate
24 members (other than Subchapter S corporations) of the
25 same unitary business group making an election to be
26 treated as one taxpayer are not required to have the same
27 taxable year. The rules, regulations and forms
28 promulgated under this subsection (b) shall not permit
29 the election to be made for some, but not all, of the
30 purposes enumerated above.
31 (2) For taxable years ending on or after December
32 31, 1993, the Department shall make, promulgate and
33 enforce such reasonable rules and regulations, and
34 prescribe such forms as it may deem appropriate, to
-5- LRB9104863PTpk
1 require all taxpayers that are corporations (other than
2 Subchapter S corporations) and that are members of the
3 same unitary business groups to be treated as one
4 taxpayer for purposes of any original return, amended
5 return, which includes the same taxpayers of the unitary
6 group which joined in filing the original return,
7 extension, claim for refund, assessment, collection and
8 payment and determination of the group's tax liability
9 under this Act.
10 (c) Offset among taxpayers that are members of a unitary
11 business group. For taxable years for which returns were
12 filed prior to the applicable date of Section 502(f), the
13 Department shall make, promulgate and enforce such reasonable
14 rules and regulations, and prescribe such forms as it may
15 deem appropriate, to permit a taxpayer that is a member of a
16 unitary business group to elect, within the applicable period
17 of limitation as provided in Section 911, to credit any
18 overpayment due the taxpayer for a taxable year against the
19 liability for the same taxable year of one or more other
20 taxpayers that are members of the same unitary business group
21 for that taxable year, except that when an audit has been
22 conducted by the Department, overpayments determined by the
23 Department to be due a taxpayer may be credited against the
24 liability of one or more other members of the same unitary
25 group for any year within the period covered by the audit.
26 Such regulations shall include rules which provide that the
27 amount of the overpayment taken as a credit by a taxpayer
28 under this Section shall be treated, for all purposes under
29 this Act, as having been paid by such taxpayer at the time
30 such payment was made.
31 (Source: P.A. 88-195.)