State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0803

HB3240 Enrolled                                LRB9111372SMdv

    AN ACT to amend the Uniform Penalty and Interest  Act  by
changing  Sections  3-2,  3-3,  and 3-8 and by adding Section
3-7.5.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Uniform  Penalty  and  Interest Act is
amended by changing Sections 3-2, 3-3, and 3-8 and by  adding
Section 3-7.5 as follows:

    (35 ILCS 735/3-2) (from Ch. 120, par. 2603-2)
    Sec. 3-2.  Interest.
    (a)  Interest  paid  by  the  Department to taxpayers and
interest charged to taxpayers by the Department shall be paid
at the annual rate determined by the  Department.  That  rate
shall be the underpayment rate established under Section 6621
of the  Internal Revenue Code.
    (b)  The  interest rate shall be adjusted on a semiannual
basis, on January 1 and July 1, based upon  the  underpayment
rate  going  into  effect  on  that January 1 or July 1 under
Section 6621 of the Internal Revenue Code.
    (c)  This subsection (c) is applicable to returns due  on
and  before  December  31,  2000.  Interest  shall  be simple
interest calculated on a daily basis. Interest  shall  accrue
upon  tax  and penalty due.  If notice and demand is made for
the payment of any amount of tax due and if the amount due is
paid within 30 days after the date of such notice and demand,
interest under this Section on the amount so paid  shall  not
be  imposed  for  the period after the date of the notice and
demand.
    (c-5) This subsection (c-5) is applicable to returns  due
on  and  after  January  1,  2001.   Interest shall be simple
interest calculated on a daily basis.  Interest shall  accrue
upon  tax  due.  If notice and demand is made for the payment
of any amount of tax due and if the amount due is paid within
30 days after the date of the  notice  and  demand,  interest
under this Section on the amount so paid shall not be imposed
for the period after the date of the notice and demand.
    (d)  No  interest  shall  be paid upon any overpayment of
tax if the overpayment  is  refunded  or  a  credit  approved
within  90 days after the last date prescribed for filing the
original return, or within 90 days  of  the  receipt  of  the
processable  return,  or  within  90  days  after the date of
overpayment, whichever date is latest, as determined  without
regard  to  processing  time  by  the  Comptroller or without
regard to the date on which the  credit  is  applied  to  the
taxpayer's  account.  In  order  for an original return to be
processable for purposes of this Section, it must be  in  the
form  prescribed or approved by the Department, signed by the
person  authorized  by  law,  and  contain  all  information,
schedules, and support documents necessary to  determine  the
tax  due and to make allocations of tax as prescribed by law.
For the purposes of computing interest,  a  return  shall  be
deemed  to  be processable unless the Department notifies the
taxpayer that the return is not processable  within  90  days
after  the receipt of the return; however, interest shall not
accumulate for the period  following  this  date  of  notice.
Interest  on  amounts  refunded  or  credited pursuant to the
filing of an amended return or  claim  for  refund  shall  be
determined  from  the  due date of the original return or the
date of overpayment, whichever  is  later,  to  the  date  of
payment  by  the Department without regard to processing time
by the Comptroller or the date of credit by the Department or
without regard to the date on which the credit is applied  to
the  taxpayer's  account. If a claim for refund relates to an
overpayment attributable to a net loss carryback as  provided
by  Section  207  of the Illinois Income Tax Act, the date of
overpayment shall be the last day  of  the  taxable  year  in
which the loss was incurred.
    (e)  Interest  on  erroneous  refunds. Any portion of the
tax imposed by an Act to which this Act is applicable or  any
interest  or  penalty which has been erroneously refunded and
which is recoverable by the Department  shall  bear  interest
from  the date of payment of the refund. However, no interest
will be charged if the erroneous refund is for an amount less
than $500 and is due to a mistake of the Department.
(Source: P.A. 89-379, eff. 1-1-96.)

    (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
    Sec. 3-3.  Penalty for failure to file or pay.
    (a)  This subsection (a) is applicable before January  1,
1996.  A penalty of 5% of the tax required to be shown due on
a  return shall be imposed for failure to file the tax return
on or before the due date prescribed  for  filing  determined
with regard for any extension of time for filing (penalty for
late  filing  or  nonfiling).  If any unprocessable return is
corrected and filed  within  21  days  after  notice  by  the
Department,  the  late  filing or nonfiling penalty shall not
apply.  If a penalty for late filing or nonfiling is  imposed
in  addition to a penalty for late payment, the total penalty
due shall be the sum of  the  late  filing  penalty  and  the
applicable  late  payment penalty. Beginning on the effective
date of this amendatory Act of 1995, in the case of any  type
of  tax  return  required  to  be  filed more frequently than
annually, when the failure to  file  the  tax  return  on  or
before   the   date  prescribed  for  filing  (including  any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to  file  on
the  prescribed  due  date,  the  penalty  imposed by Section
3-3(a) shall be abated.
    (a-5)  This subsection (a-5) is applicable to returns due
on and after January 1, 1996 and on or  before  December  31,
2000.  A  penalty equal to 2% of the tax required to be shown
due on a return, up to a maximum amount of  $250,  determined
without regard to any part of the tax that is paid on time or
by  any  credit  that  was properly allowable on the date the
return was required to be filed, shall be imposed for failure
to file the tax return on or before the due  date  prescribed
for  filing  determined with regard for any extension of time
for filing. However, if any return is  not  filed  within  30
days  after  notice  of nonfiling mailed by the Department to
the  last  known  address  of  the  taxpayer   contained   in
Department  records,  an  additional  penalty amount shall be
imposed equal to the greater of $250 or 2% of the  tax  shown
on  the  return.   However, the additional penalty amount may
not exceed $5,000 and is determined  without  regard  to  any
part  of  the  tax that is paid on time or by any credit that
was properly allowable on the date the return was required to
be filed (penalty for late  filing  or  nonfiling).   If  any
unprocessable  return  is  corrected and filed within 30 days
after notice by the Department, the late filing or  nonfiling
penalty  shall  not  apply.   If a penalty for late filing or
nonfiling is imposed  in  addition  to  a  penalty  for  late
payment,  the  total penalty due shall be the sum of the late
filing penalty and the applicable late payment penalty.    In
the  case of any type of tax return required to be filed more
frequently than annually, when the failure to  file  the  tax
return on or before the date prescribed for filing (including
any  extensions)  is  shown  to  be nonfraudulent and has not
occurred in the 2 years immediately preceding the failure  to
file  on  the  prescribed  due  date,  the penalty imposed by
Section 3-3(a-5) 3-3(a) shall be abated.
    (a-10)  This subsection (a-10) is applicable  to  returns
due  on  and after January 1, 2001.  A penalty equal to 2% of
the tax required to be shown due on a return, up to a maximum
amount of $250, reduced by any tax that is paid on time or by
any credit that was properly allowable on the date the return
was required to be filed, shall be  imposed  for  failure  to
file  the tax return on or before the due date prescribed for
filing determined with regard for any extension of  time  for
filing.  However,  if  any return is not filed within 30 days
after notice of nonfiling mailed by  the  Department  to  the
last  known  address  of the taxpayer contained in Department
records, an additional penalty amount shall be imposed  equal
to  the greater of $250 or 2% of the tax shown on the return.
However, the additional penalty amount may not exceed  $5,000
and  is determined without regard to any part of the tax that
is paid on time or by any credit that was properly  allowable
on  the date the return was required to be filed (penalty for
late filing or nonfiling).  If any  unprocessable  return  is
corrected  and  filed  within  30  days  after  notice by the
Department, the late filing or nonfiling  penalty  shall  not
apply.   If a penalty for late filing or nonfiling is imposed
in addition to a penalty for late payment, the total  penalty
due  shall  be  the  sum  of  the late filing penalty and the
applicable late payment penalty.   In the case of any type of
tax  return  required  to  be  filed  more  frequently   than
annually,  when  the  failure  to  file  the tax return on or
before  the  date  prescribed  for  filing   (including   any
extensions) is shown to be nonfraudulent and has not occurred
in  the  2 years immediately preceding the failure to file on
the prescribed due  date,  the  penalty  imposed  by  Section
3-3(a-10) shall be abated.
    (b)  This  subsection  is  applicable  before  January 1,
1998. A penalty of 15% of the tax shown on the return or  the
tax  required  to be shown due on the return shall be imposed
for failure to pay:
         (1)  the tax shown due on the return  on  or  before
    the  due  date  prescribed  for  payment  of that tax, an
    amount of underpayment of estimated  tax,  or  an  amount
    that  is  reported  in  an  amended  return other than an
    amended return timely filed as required by subsection (b)
    of Section 506 of the Illinois Income  Tax  Act  (penalty
    for late payment or nonpayment of admitted liability); or
         (2)  the full amount of any tax required to be shown
    due  on a return and which is not shown (penalty for late
    payment or nonpayment of additional liability), within 30
    days after a  notice  of  arithmetic  error,  notice  and
    demand,   or   a   final  assessment  is  issued  by  the
    Department. In the case of  a  final  assessment  arising
    following  a protest and hearing, the 30-day period shall
    not begin until all proceedings in court  for  review  of
    the  final  assessment  have terminated or the period for
    obtaining a review has expired without proceedings for  a
    review  having  been instituted.  In the case of a notice
    of tax liability that becomes a final assessment  without
    a  protest  and  hearing,  the  penalty  provided in this
    paragraph (2) shall be imposed at the expiration  of  the
    period provided for the filing of a protest.
    (b-5)  This  subsection  is  applicable to returns due on
and after January 1, 1998 and on or before December 31, 2000.
A penalty of 20% of the tax shown on the return  or  the  tax
required  to  be shown due on the return shall be imposed for
failure to pay:
         (1)  the tax shown due on the return  on  or  before
    the  due  date  prescribed  for  payment  of that tax, an
    amount of underpayment of estimated  tax,  or  an  amount
    that  is  reported  in  an  amended  return other than an
    amended return timely filed as required by subsection (b)
    of Section 506 of the Illinois Income  Tax  Act  (penalty
    for late payment or nonpayment of admitted liability); or
         (2)  the full amount of any tax required to be shown
    due  on a return and which is not shown (penalty for late
    payment or nonpayment of additional liability), within 30
    days after a  notice  of  arithmetic  error,  notice  and
    demand,   or   a   final  assessment  is  issued  by  the
    Department. In the case of  a  final  assessment  arising
    following  a protest and hearing, the 30-day period shall
    not begin until all proceedings in court  for  review  of
    the  final  assessment  have terminated or the period for
    obtaining a review has expired without proceedings for  a
    review  having  been instituted.  In the case of a notice
    of tax liability that becomes a final assessment  without
    a  protest  and  hearing,  the  penalty  provided in this
    paragraph (2) shall be imposed at the expiration  of  the
    period provided for the filing of a protest.
    (b-10)  This  subsection  (b-10) is applicable to returns
due on and after January 1, 2001.  A penalty shall be imposed
for failure to pay:
         (1)  the tax shown due on a return on or before  the
    due date prescribed for payment of that tax, an amount of
    underpayment  of  estimated  tax,  or  an  amount that is
    reported in an  amended  return  other  than  an  amended
    return  timely  filed  as  required  by subsection (b) of
    Section 506 of the Illinois Income Tax Act  (penalty  for
    late  payment  or nonpayment of admitted liability).  The
    amount of penalty imposed under this subsection (b-10)(1)
    shall be 2% of any amount that is paid no later  than  30
    days  after  the  due date, 5% of any amount that is paid
    later than 30 days after the due date and not later  than
    90  days  after  the  due date, 10% of any amount that is
    paid later than 90 days after the due date and not  later
    than  180  days after the due date, and 15% of any amount
    that is paid later than 180 days after the due date.
         (2)  the full amount of any tax required to be shown
    due on a return and that is not shown (penalty  for  late
    payment or nonpayment of additional liability), within 30
    days  after  a  notice  of  arithmetic  error, notice and
    demand,  or  a  final  assessment  is   issued   by   the
    Department.   In  the  case of a final assessment arising
    following a protest and hearing, the 30-day period  shall
    not  begin  until  all proceedings in court for review of
    the final assessment have terminated or  the  period  for
    obtaining  a review has expired without proceedings for a
    review having been instituted.   The  amount  of  penalty
    imposed  under  this subsection (b-10)(2) shall be 20% of
    any amount that is not paid within the 30-day period.  In
    the case of a notice of  tax  liability  that  becomes  a
    final  assessment  without  a  protest  and  hearing, the
    penalty provided in this subsection  (b-10)(2)  shall  be
    imposed  at the expiration of the period provided for the
    filing of a protest.
    (c)  For purposes of  the  late  payment  penalties,  the
basis of the penalty shall be the tax shown or required to be
shown  on  a  return, whichever is applicable, reduced by any
part of the tax which is paid on time and by any credit which
was properly allowable on the date the return was required to
be filed.
    (d)  A penalty shall be applied to the tax required to be
shown even if that amount is less than the tax shown  on  the
return.
    (e)  This  subsection  (e)  is  applicable to returns due
before January 1,  2001.  If  both  a  subsection  (b)(1)  or
(b-5)(1)  penalty and a subsection (b)(2) or (b-5)(2) penalty
are assessed against the same return, the  subsection  (b)(2)
or  (b-5)(2)  penalty  shall  be  assessed  against  only the
additional tax found to be due.
    (e-5)  This subsection (e-5) is applicable to returns due
on and after January 1, 2001.  If both a subsection (b-10)(1)
penalty and  a  subsection  (b-10)(2)  penalty  are  assessed
against  the  same  return,  the subsection (b-10)(2) penalty
shall be assessed against only the additional tax found to be
due.
    (f)  If the taxpayer has failed to file the  return,  the
Department  shall  determine the correct tax according to its
best judgment and information, which amount  shall  be  prima
facie evidence of the correctness of the tax due.
    (g)  The  time  within  which  to file a return or pay an
amount of tax due without imposition of a  penalty  does  not
extend the time within which to file a protest to a notice of
tax liability or a notice of deficiency.
    (h)  No  return  shall  be determined to be unprocessable
because of the omission of any information requested  on  the
return  pursuant  to  Section  2505-575  of the Department of
Revenue Law (20 ILCS 2505/2505-575).
(Source: P.A. 90-491,  eff.  1-1-98;  90-548,  eff.  12-4-97;
91-239, eff. 1-1-00.)

    (35 ILCS 735/3-7.5 new)
    Sec. 3-7.5.  Bad check penalty.  In addition to any other
penalty  provided  in  this  Act,  a  penalty of $25 shall be
imposed on any person who issues a check or  other  draft  to
the  Department  that  is  not honored upon presentment.  The
penalty imposed under this Section shall be  deemed  assessed
at  the  time  of presentment of the check or other draft and
shall be treated for all purposes, including  collection  and
allocation,  as  part of the tax or other liability for which
the check or other draft represented payment.

    (35 ILCS 735/3-8) (from Ch. 120, par. 2603-8)
    Sec. 3-8.  No penalties if reasonable cause  exists.  The
penalties  imposed under the provisions of Sections 3-3, 3-4,
and 3-5, and 3-7.5  of  this  Act  shall  not  apply  if  the
taxpayer  shows  that his failure to file a return or pay tax
at the required time was due to reasonable cause.  Reasonable
cause shall be determined in  each  situation  in  accordance
with the rules and regulations promulgated by the Department.
A  taxpayer  may  protest  the  imposition of a penalty under
Section 3-3, 3-4, or 3-5, or 3-7.5 on the basis of reasonable
cause without protesting the underlying tax liability.
(Source: P.A. 87-205; 87-1189.)

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