Illinois General Assembly - Illinois Compiled Statutes

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35 ILCS 115/20

(35 ILCS 115/20) (from Ch. 120, par. 439.120)

Sec. 20.

If it is determined that
the Department should issue a credit or
refund
hereunder, the Department may first apply the amount thereof against any
amount of tax or penalty or interest due hereunder, or under the Service
Use Tax Act, the Retailers' Occupation Tax Act, the 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 hereunder, or under the Service Use Tax Act,
the Retailers' Occupation Tax Act, the 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 Service Use Tax Act, the Retailers'
Occupation Tax Act, the 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,
the Service Use Tax Act, the Retailers' Occupation Tax
Act, the 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 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.)