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Public Act 098-0925
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| HB5564 Enrolled | LRB098 17917 HLH 53041 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Income Tax Act is amended by |
changing Section 909 as follows:
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(35 ILCS 5/909) (from Ch. 120, par. 9-909)
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Sec. 909. Credits and Refunds.
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(a) In general. In the case of any overpayment, the |
Department, within the applicable period of limitations for a |
claim for refund, may
credit the amount of such overpayment, |
including any interest allowed
thereon, against any liability |
in respect of the tax imposed by this Act,
regardless of |
whether other collection remedies are closed to the
Department |
on the part of the person who made the overpayment and shall
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refund any balance to such person or credit any balance to that |
person pursuant to an election under subsection (b) of this |
Section.
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(b) Credits against estimated tax. The Department shall may
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prescribe regulations providing for a taxpayer election on an |
original return, an amended return, or otherwise for the |
crediting against the estimated tax
for any taxable year of the |
amount determined by the taxpayer or the
Department to be an |
overpayment of the tax imposed by this Act for a
preceding |
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taxable year.
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(c) Interest on overpayment. Interest shall be allowed and |
paid at the
rate and in the manner prescribed in Section 3-2 of |
the Uniform Penalty and
Interest Act upon any overpayment in |
respect of the tax imposed by this
Act. For purposes of this |
subsection, no amount of tax, for any taxable
year, shall be |
treated as having been paid before the date on which the tax
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return for such year was due under Section 505, without regard |
to any
extension of the time for filing such return.
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(d) Refund claim. Every claim for refund shall be filed |
with the
Department in writing in such form as the Department |
may by regulations
prescribe, and shall state the specific |
grounds upon which it is founded.
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(e) Notice of denial. As soon as practicable after a claim |
for refund
is filed, the Department shall examine it and either |
issue a notice of
refund, abatement or credit to the claimant |
or issue a notice of denial.
If the Department has failed to |
approve or deny the claim before the
expiration of 6 months |
from the date the claim was filed, the claimant may
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nevertheless thereafter file with the Department a written |
protest in such
form as the Department may by regulation |
prescribe, provided that, on or after July 1, 2013, protests |
concerning matters that are subject to the jurisdiction of the |
Illinois Independent Tax Tribunal shall be filed with the |
Illinois Independent Tax Tribunal and not with the Department. |
If the protest is subject to the jurisdiction of the |
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Department,
the Department shall consider the claim and, if the |
taxpayer has so
requested, shall grant the taxpayer or the |
taxpayer's authorized
representative a hearing within 6 months |
after the date such request is filed.
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On and after July 1, 2013, if the protest would otherwise |
be subject to the jurisdiction of the Illinois Independent Tax |
Tribunal, the claimant may elect to treat the Department's |
non-action as a denial of the claim by filing a petition to |
review the Department's administrative decision with the |
Illinois Independent Tax Tribunal, as provided by Section 910. |
(f) Effect of denial. A denial of a claim for refund |
becomes final 60
days after the date of issuance of the notice |
of such denial except for
such amounts denied as to which the |
claimant has filed a protest with the
Department or a petition |
with the Illinois Independent Tax Tribunal, as provided by |
Section 910.
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(g) An overpayment of tax shown on the face of an unsigned |
return
shall be considered forfeited to the State if after |
notice and demand for
signature by the Department the taxpayer |
fails to provide a signature and 3
years have passed from the |
date the return was filed.
An overpayment of tax refunded to a |
taxpayer whose return was filed
electronically shall be |
considered an erroneous refund under Section 912 of
this Act |
if, after proper notice and demand by the
Department, the |
taxpayer fails to provide a required signature document.
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notice and demand for signature in the case of a return |