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35 ILCS 105/22
(35 ILCS 105/22) (from Ch. 120, par. 439.22)
Sec. 22.
If it is determined that the Department should issue a credit or refund
under this Act, the Department may first apply the amount thereof against
any amount of tax or penalty or interest due hereunder, or under the Retailers'
Occupation Tax Act, the Service Occupation Tax
Act, the Service Use Tax Act,
any local occupation or use tax administered by the Department,
Section 4 of the Water Commission Act of
1985, subsections (b), (c) and (d) of Section 5.01 of the Local Mass
Transit District Act, or subsections (e), (f) and (g) of Section 4.03 of
the Regional Transportation Authority Act,
from the person entitled to such credit or refund.
For this purpose, if proceedings are pending to determine whether or not
any tax or penalty or interest is due under this Act or under the Retailers'
Occupation Tax Act, the Service Occupation Tax
Act, the Service Use Tax Act,
any local occupation or use tax administered by the Department,
Section 4 of the Water Commission Act of
1985, subsections (b), (c) and (d) of Section 5.01 of the Local Mass
Transit District Act, or subsections (e), (f) and (g) of Section 4.03 of
the Regional Transportation Authority Act,
from such person, the Department may withhold
issuance of the credit or refund pending the final disposition of such
proceedings and may apply such credit or refund against any amount found to
be due to the Department as a result of such proceedings. The balance, if
any, of the credit or refund shall be issued to the person entitled
thereto.
Any credit memorandum issued hereunder may be used by the authorized
holder thereof to pay any tax or penalty or interest due or to become due
under this Act or under the Retailers' Occupation Tax Act, the Service
Occupation Tax Act, the Service Use Tax Act,
any local occupation or use tax administered by the Department,
Section 4 of the Water Commission Act of
1985, subsections (b), (c) and (d) of Section 5.01 of the Local Mass
Transit District Act, or subsections (e), (f) and (g) of Section 4.03 of
the Regional Transportation Authority Act,
from such holder. Subject
to reasonable rules of the Department, a credit memorandum issued hereunder
may be assigned by the holder thereof to any other person for use in paying
tax or penalty or interest which may be due or become due under this Act or
under the Retailers' Occupation Tax Act, the Service Occupation
Tax Act or the Service Use Tax Act, from the assignee.
In any case in which there has been an erroneous refund of tax
payable under this Act, a notice of tax liability may be issued at any time
within 3 years from the making of that refund, or within 5 years from the
making of that refund if it appears that any part of the refund was induced
by fraud or the misrepresentation of a material fact. The amount of any
proposed assessment set forth in the notice shall be limited to the amount
of the erroneous refund.
(Source: P.A. 91-901, eff. 1-1-01.)
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