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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Revenue Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by changing Section | ||||||
6 | 2505-210 as follows:
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7 | (20 ILCS 2505/2505-210) (was 20 ILCS 2505/39c-1)
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8 | Sec. 2505-210. Electronic funds transfer.
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9 | (a) The Department may provide means by which
persons | ||||||
10 | having a tax liability under any Act administered by the | ||||||
11 | Department
may use electronic funds transfer to pay the tax | ||||||
12 | liability.
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13 | (b) Mandatory payment by electronic funds transfer. | ||||||
14 | Beginning on October 1, 2002, and through September 30, 2010, a | ||||||
15 | taxpayer who has an annual tax
liability of $200,000 or more | ||||||
16 | shall make all payments of that tax to the
Department by | ||||||
17 | electronic funds transfer. Beginning October 1, 2010, a | ||||||
18 | taxpayer (other than an individual taxpayer) who has an annual | ||||||
19 | tax liability of $20,000 or more and an individual taxpayer who | ||||||
20 | has an annual tax liability of $200,000 or more shall make all | ||||||
21 | payments of that tax to the Department by electronic funds | ||||||
22 | transfer. Before August 1 of each year,
beginning in 2002, the | ||||||
23 | Department shall notify all taxpayers required to make
payments |
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1 | by electronic funds transfer. All taxpayers required to make | ||||||
2 | payments
by electronic funds transfer shall make those payments | ||||||
3 | for a minimum of one
year beginning on October 1. For purposes | ||||||
4 | of this subsection (b), the term
"annual tax liability" means, | ||||||
5 | except as provided in subsections (c) and (d) of
this Section, | ||||||
6 | the sum of the taxpayer's liabilities under a tax Act
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7 | administered by the Department,
except the Motor Fuel Tax Law | ||||||
8 | and the
Environmental Impact Fee Law,
for the immediately | ||||||
9 | preceding calendar year.
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10 | (c) For purposes of subsection (b), the term "annual tax | ||||||
11 | liability" means,
for a taxpayer that incurs a tax liability | ||||||
12 | under the Retailers' Occupation Tax
Act, Service Occupation Tax | ||||||
13 | Act, Use Tax Act, Service Use Tax Act, or any other
State or | ||||||
14 | local occupation or use tax law that is administered by the
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15 | Department, the sum of the taxpayer's liabilities under the | ||||||
16 | Retailers'
Occupation Tax Act, Service Occupation Tax Act, Use | ||||||
17 | Tax Act, Service Use Tax
Act, and all other State and local | ||||||
18 | occupation and use tax laws administered by
the Department for | ||||||
19 | the immediately preceding calendar year.
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20 | (d) For purposes of subsection (b), the term "annual tax | ||||||
21 | liability" means,
for a taxpayer that incurs an Illinois income | ||||||
22 | tax liability, the greater of:
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23 | (1) the amount of the taxpayer's tax liability under | ||||||
24 | Article 7 of the
Illinois Income Tax Act for the | ||||||
25 | immediately preceding calendar year; or
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26 | (2) the taxpayer's estimated tax payment obligation |
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1 | under Article 8 of the
Illinois Income Tax Act for the | ||||||
2 | immediately preceding calendar year.
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3 | (e) The Department shall adopt such rules as are necessary | ||||||
4 | to effectuate a
program of electronic funds transfer and the | ||||||
5 | requirements of this Section.
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6 | (Source: P.A. 91-239, eff. 1-1-00; 92-492, eff. 1-1-02.)
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7 | Section 10. The Illinois Income Tax Act is amended by | ||||||
8 | changing Section 704A as follows: | ||||||
9 | (35 ILCS 5/704A) | ||||||
10 | Sec. 704A. Employer's return and payment of tax withheld. | ||||||
11 | (a) In general, every employer who deducts and withholds or | ||||||
12 | is required to deduct and withhold tax under this Act on or | ||||||
13 | after January 1, 2008 shall make those payments and returns as | ||||||
14 | provided in this Section. | ||||||
15 | (b) Returns. Every employer shall, in the form and manner | ||||||
16 | required by the Department, make returns with respect to taxes | ||||||
17 | withheld or required to be withheld under this Article 7 (i) | ||||||
18 | for each quarter beginning on or after January 1, 2008, and | ||||||
19 | beginning before January 1, 2011, on or before the last day of | ||||||
20 | the first month following the close of that quarter and (ii) | ||||||
21 | for each calendar year beginning on or after January 1, 2011, | ||||||
22 | on or before January 31 of the following year . | ||||||
23 | (c) Payments. With respect to amounts withheld or required | ||||||
24 | to be withheld on or after January 1, 2008: |
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1 | (1) Semi-weekly payments. For each calendar year, each | ||||||
2 | employer who withheld or was required to withhold more than | ||||||
3 | $12,000 during the one-year period ending on June 30 of the | ||||||
4 | immediately preceding calendar year, payment must be made: | ||||||
5 | (A) on or before each Friday of the calendar year, | ||||||
6 | for taxes withheld or required to be withheld on the | ||||||
7 | immediately preceding Saturday, Sunday, Monday, or | ||||||
8 | Tuesday; | ||||||
9 | (B) on or before each Wednesday of the calendar | ||||||
10 | year, for taxes withheld or required to be withheld on | ||||||
11 | the immediately preceding Wednesday, Thursday, or | ||||||
12 | Friday. | ||||||
13 | (2) Semi-weekly payments. Any employer who withholds | ||||||
14 | or is required to withhold more than $12,000 in any quarter | ||||||
15 | of a calendar year is required to make payments on the | ||||||
16 | dates set forth under item (1) of this subsection (c) for | ||||||
17 | each remaining quarter of that calendar year and for the | ||||||
18 | subsequent calendar year.
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19 | (3) Monthly payments. Each employer, other than an | ||||||
20 | employer described in items (1) or (2) of this subsection, | ||||||
21 | shall pay to the Department, on or before the 15th day of | ||||||
22 | each month the taxes withheld or required to be withheld | ||||||
23 | during the immediately preceding month. | ||||||
24 | (4) Payments with returns. Each employer shall pay to | ||||||
25 | the Department, on or before the due date for each return | ||||||
26 | required to be filed under this Section, any tax withheld |
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1 | or required to be withheld during the period for which the | ||||||
2 | return is due and not previously paid to the Department. | ||||||
3 | (d) Regulatory authority. The Department may, by rule: | ||||||
4 | (1) If the aggregate amounts required to be withheld | ||||||
5 | under this Article 7 (other than amounts required to be | ||||||
6 | withheld under Section 709.5) do not exceed $1,000 for the | ||||||
7 | calendar year, permit employers, in lieu of the | ||||||
8 | requirements of subsections (b) and (c), to file annual | ||||||
9 | returns due on or before January 31 of the following year | ||||||
10 | for taxes withheld or required to be withheld during that | ||||||
11 | calendar year and to pay the taxes required to be shown on | ||||||
12 | each such return no later than the due date for such | ||||||
13 | return. | ||||||
14 | (2) Provide that any payment required to be made under | ||||||
15 | subsection (c)(1) or (c)(2) is deemed to be timely to the | ||||||
16 | extent paid by electronic funds transfer on or before the | ||||||
17 | due date for deposit of federal income taxes withheld from, | ||||||
18 | or federal employment taxes due with respect to, the wages | ||||||
19 | from which the Illinois taxes were withheld. | ||||||
20 | (3) Designate one or more depositories to which payment | ||||||
21 | of taxes required to be withheld under this Article 7 must | ||||||
22 | be paid by some or all employers. | ||||||
23 | (4) Increase the threshold dollar amounts at which | ||||||
24 | employers are required to make semi-weekly payments under | ||||||
25 | subsection (c)(1) or (c)(2). | ||||||
26 | (e) Annual return and payment. Every employer who deducts |
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1 | and withholds or is required to deduct and withhold tax from a | ||||||
2 | person engaged in domestic service employment, as that term is | ||||||
3 | defined in Section 3510 of the Internal Revenue Code, may | ||||||
4 | comply with the requirements of this Section with respect to | ||||||
5 | such employees by filing an annual return and paying the taxes | ||||||
6 | required to be deducted and withheld on or before the 15th day | ||||||
7 | of the fourth month following the close of the employer's | ||||||
8 | taxable year. The Department may allow the employer's return to | ||||||
9 | be submitted with the employer's individual income tax return | ||||||
10 | or to be submitted with a return due from the employer under | ||||||
11 | Section 1400.2 of the Unemployment Insurance Act. | ||||||
12 | (f) Magnetic media and electronic filing. Any W-2 Form | ||||||
13 | that, under the Internal Revenue Code and regulations | ||||||
14 | promulgated thereunder, is required to be submitted to the | ||||||
15 | Internal Revenue Service on magnetic media or electronically | ||||||
16 | must also be submitted to the Department on magnetic media or | ||||||
17 | electronically for Illinois purposes, if required by the | ||||||
18 | Department. | ||||||
19 | (g) For amounts deducted or withheld after December 31, | ||||||
20 | 2009, a taxpayer who makes an election under Section 5-15(f) of | ||||||
21 | the Economic Development for a Growing Economy Act for a | ||||||
22 | taxable year shall be allowed a credit against payments due | ||||||
23 | under this Section for amounts withheld during the first | ||||||
24 | calendar year beginning after the end of that taxable year | ||||||
25 | equal to the amount of the credit awarded to the taxpayer by | ||||||
26 | the Department of Commerce and Economic Opportunity under the |
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1 | Economic Development for a Growing Economy Act for the taxable | ||||||
2 | year. The credit may not reduce the taxpayer's obligation for | ||||||
3 | any payment due under this Section to less than zero. If the | ||||||
4 | amount of the credit exceeds the total payments due under this | ||||||
5 | Section with respect to amounts withheld during the calendar | ||||||
6 | year, the excess may be carried forward and applied against the | ||||||
7 | taxpayer's liability under this Section in the 5 succeeding | ||||||
8 | calendar years. The credit shall be applied to the earliest | ||||||
9 | year for which there is a tax liability. If there are credits | ||||||
10 | from more than one taxable year that are available to offset a | ||||||
11 | liability, the earlier credit shall be applied first. This | ||||||
12 | Section is exempt from the provisions of Section 250 of this | ||||||
13 | Act. | ||||||
14 | (Source: P.A. 95-8, eff. 6-29-07; 95-707, eff. 1-11-08; 96-834, | ||||||
15 | eff. 12-14-09.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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