HB5564 EngrossedLRB098 17917 HLH 53041 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Income Tax Act is amended by
5changing Section 909 as follows:
 
6    (35 ILCS 5/909)  (from Ch. 120, par. 9-909)
7    Sec. 909. Credits and Refunds.
8    (a) In general. In the case of any overpayment, the
9Department, within the applicable period of limitations for a
10claim for refund, may credit the amount of such overpayment,
11including any interest allowed thereon, against any liability
12in respect of the tax imposed by this Act, regardless of
13whether other collection remedies are closed to the Department
14on the part of the person who made the overpayment and shall
15refund any balance to such person or credit any balance to that
16person pursuant to an election under subsection (b) of this
17Section.
18    (b) Credits against estimated tax. The Department shall may
19prescribe regulations providing for a taxpayer election on an
20original return, an amended return, or otherwise for the
21crediting against the estimated tax for any taxable year of the
22amount determined by the taxpayer or the Department to be an
23overpayment of the tax imposed by this Act for a preceding

 

 

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1taxable year.
2    (c) Interest on overpayment. Interest shall be allowed and
3paid at the rate and in the manner prescribed in Section 3-2 of
4the Uniform Penalty and Interest Act upon any overpayment in
5respect of the tax imposed by this Act. For purposes of this
6subsection, no amount of tax, for any taxable year, shall be
7treated as having been paid before the date on which the tax
8return for such year was due under Section 505, without regard
9to any extension of the time for filing such return.
10    (d) Refund claim. Every claim for refund shall be filed
11with the Department in writing in such form as the Department
12may by regulations prescribe, and shall state the specific
13grounds upon which it is founded.
14    (e) Notice of denial. As soon as practicable after a claim
15for refund is filed, the Department shall examine it and either
16issue a notice of refund, abatement or credit to the claimant
17or issue a notice of denial. If the Department has failed to
18approve or deny the claim before the expiration of 6 months
19from the date the claim was filed, the claimant may
20nevertheless thereafter file with the Department a written
21protest in such form as the Department may by regulation
22prescribe, provided that, on or after July 1, 2013, protests
23concerning matters that are subject to the jurisdiction of the
24Illinois Independent Tax Tribunal shall be filed with the
25Illinois Independent Tax Tribunal and not with the Department.
26If the protest is subject to the jurisdiction of the

 

 

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1Department, the Department shall consider the claim and, if the
2taxpayer has so requested, shall grant the taxpayer or the
3taxpayer's authorized representative a hearing within 6 months
4after the date such request is filed.
5    On and after July 1, 2013, if the protest would otherwise
6be subject to the jurisdiction of the Illinois Independent Tax
7Tribunal, the claimant may elect to treat the Department's
8non-action as a denial of the claim by filing a petition to
9review the Department's administrative decision with the
10Illinois Independent Tax Tribunal, as provided by Section 910.
11    (f) Effect of denial. A denial of a claim for refund
12becomes final 60 days after the date of issuance of the notice
13of such denial except for such amounts denied as to which the
14claimant has filed a protest with the Department or a petition
15with the Illinois Independent Tax Tribunal, as provided by
16Section 910.
17    (g) An overpayment of tax shown on the face of an unsigned
18return shall be considered forfeited to the State if after
19notice and demand for signature by the Department the taxpayer
20fails to provide a signature and 3 years have passed from the
21date the return was filed. An overpayment of tax refunded to a
22taxpayer whose return was filed electronically shall be
23considered an erroneous refund under Section 912 of this Act
24if, after proper notice and demand by the Department, the
25taxpayer fails to provide a required signature document. A
26notice and demand for signature in the case of a return

 

 

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1reflecting an overpayment may be made by first class mail. This
2subsection (g) shall apply to all returns filed pursuant to
3this Act since 1969.
4    (h) This amendatory Act of 1983 applies to returns and
5claims for refunds filed with the Department on and after July
61, 1983.
7(Source: P.A. 97-507, eff. 8-23-11; 97-1129, eff. 8-28-12;
898-463, eff. 8-16-13.)