93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4804


 
Introduced 02/04/04, by Rosemary Mulligan
 
SYNOPSIS AS INTRODUCED:
 		














35 ILCS 5/503
  from Ch. 120, par. 5-503







    Amends the Illinois Income Tax Act.  Makes a technical change in a Section concerning the signing of returns and notices.
















LRB093 16313 SJM 41951 b

















 


 


A BILL FOR









 











HB4804

LRB093 16313 SJM 41951 b






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    AN ACT concerning taxes.

 
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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 
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changing Section 503 as follows:
 



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    (35 ILCS 5/503)  (from Ch. 120, par. 5-503)



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    Sec. 503. Signing of returns
Returns and notices
Notices. 

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    (a) Signature presumed authentic. The fact that an 
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individual's name
is signed to a return or notice shall be 
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prima facie evidence for all
purposes that such document was 
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actually signed by such individual. If a
return is prepared by 
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an income tax return preparer for a taxpayer, that
preparer 
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shall sign the return as the preparer of that return.
If a 
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return is transmitted to the Department electronically, the

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Department may presume that the electronic return originator 
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has obtained
and is transmitting a valid signature document 
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pursuant to the rules
promulgated by the Department for the 
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electronic filing of tax returns, or
the Department may 
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authorize electronic return originators to maintain the

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signature documents and associated documentation, subject to 
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the Department's
right of inspection at any time without 
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notice, rather than transmitting those
documents to the 
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Department, and
the Department may process the return.

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    (b) Corporations. A return or notice required of a 
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corporation shall
be signed by the president, vice-president, 
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treasurer or any other officer
duly authorized so to act or, in 
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the case of a limited liability company, by
a manager or 
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member. In the case of a return or notice made for a

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corporation by a fiduciary pursuant to the provisions of 
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section 502(b)
(4), such fiduciary shall sign such document. 
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The fact that an
individual's name is signed to a return or 
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notice shall be prima facie
evidence that such individual is 
 


 






HB4804
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LRB093 16313 SJM 41951 b




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authorized to sign such document on behalf
of the corporation.

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    (c) Partnerships. A return or notice of a partnership shall 
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be signed
by any one of the partners or, in the case of a 
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limited liability company, by
a manager or member. The fact 
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that a partner's name is signed to a
return or notice shall be 
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prima facie evidence that such individual is
authorized to sign 
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such document on behalf of the partnership or limited
liability 
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company.

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    (d) Joint fiduciaries. A return or notice signed by one of 
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two or
more joint fiduciaries will comply with the requirements 
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of this Act. The
fact that a fiduciary's name is signed to such 
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document shall be prima
facie evidence that such fiduciary is 
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authorized to sign such document on
behalf of the person from 
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whom it is required.

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    (e) Failure to sign a return.  If a taxpayer fails to sign a 
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return
within 30 days after proper notice and demand for 
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signature by
the
Department, the return shall be considered 
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valid and any amount shown to be
due on the return shall be 
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deemed assessed.  Any overpayment of tax shown
on the face of an 
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unsigned return shall be considered forfeited if after
notice 
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and demand for signature by the Department the taxpayer fails 
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to
provide a signature and 3 years have passed from the date 
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the return was
filed.  An overpayment of tax refunded to a 
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taxpayer whose return was
filed electronically shall be 
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considered an erroneous refund under Section
912 of this Act 
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if, after proper notice and demand by the
Department, the 
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taxpayer fails to provide a required signature document.
A 
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notice and demand for signature in the case of a return

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reflecting an overpayment may be made by first class mail.  This 
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subsection
(e) shall apply to all returns filed pursuant to the 
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Illinois Income Tax Act
since 1969.

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(Source: P.A. 88-480; 88-672, eff. 12-14-94; 89-379, eff. 
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1-1-96; 89-399,
eff. 8-20-95; 89-626, eff. 8-9-96.)