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Bill Status of HB0243 88th General Assembly
Short Description: TAXES-TAXPAYER RIGHTS
House Sponsors Rep. Jack D. Franks and Jerry L. Mitchell
Last Action
Date | Chamber | Action | 1/11/2005 | House | Session Sine Die |
Statutes Amended In Order of Appearance
Synopsis As Introduced Amends the Taxpayers' Bill of Rights Act. Allows a taxpayer to sue the Department of Revenue if the Department negligently (now intentionally or recklessly) disregards tax laws or regulations in collecting taxes. Creates a certified public accountant-client or public accountant-client privilege for non-criminal proceedings before the Department. Provides that in the case of a taxpayer receiving a protestable notice, a bill, a claim denial, or a reduction of a refund regarding any tax, the taxpayer's position shall be presumed to be the correct position and the burden of proof shall be on the Department to prove otherwise. Amends the Illinois Income Tax Act, the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Hotel Operators' Occupation Tax Act, the Motor Fuel Tax Law, the Coin-Operated Amusement Device and Redemption Machine Tax Act, the Cannabis and Controlled Substances Tax Act, the Messages Tax Act, the Gas Revenue Tax Act, the Public Utilities Revenue Act, the Water Company Invested Capital Tax Act, the Telecommunications Excise Tax Act, and the Uniform Penalty and Interest Act to make corresponding changes. Amends the Illinois Income Tax Act to create a civil action against the Department for the knowing or negligent disclosure of confidential information. Provides penalties. Amends the Illinois Public Accounting Act to make changes regarding confidentiality. Effective immediately.
| Fiscal Note (Department of Revenue) | | The precise fiscal impact of House Bill 243 is impossible to determine, but a conservative 5 percent slowdown in collections in the first year would reduce tax receipts by $1.2 billion as that money is shifted into future fiscal years. |
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