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Rep. Carol A. Sente
Filed: 4/1/2014
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1 | | AMENDMENT TO HOUSE BILL 5564
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2 | | AMENDMENT NO. ______. Amend House Bill 5564 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Income Tax Act is amended by |
5 | | changing Section 909 as follows:
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6 | | (35 ILCS 5/909) (from Ch. 120, par. 9-909)
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7 | | Sec. 909. Credits and Refunds.
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8 | | (a) In general. In the case of any overpayment, the |
9 | | Department, within the applicable period of limitations for a |
10 | | claim for refund, may
credit the amount of such overpayment, |
11 | | including any interest allowed
thereon, against any liability |
12 | | in respect of the tax imposed by this Act,
regardless of |
13 | | whether other collection remedies are closed to the
Department |
14 | | on the part of the person who made the overpayment and shall
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15 | | refund any balance to such person or credit any balance to that |
16 | | person pursuant to an election under subsection (b) of this |
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1 | | Section .
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2 | | (b) Credits against estimated tax. The Department shall may
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3 | | prescribe regulations providing for a taxpayer election on an |
4 | | original return, an amended return, or otherwise for the |
5 | | crediting against the estimated tax
for any taxable year of the |
6 | | amount determined by the taxpayer or the
Department to be an |
7 | | overpayment of the tax imposed by this Act for a
preceding |
8 | | taxable year.
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9 | | (c) Interest on overpayment. Interest shall be allowed and |
10 | | paid at the
rate and in the manner prescribed in Section 3-2 of |
11 | | the Uniform Penalty and
Interest Act upon any overpayment in |
12 | | respect of the tax imposed by this
Act. For purposes of this |
13 | | subsection, no amount of tax, for any taxable
year, shall be |
14 | | treated as having been paid before the date on which the tax
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15 | | return for such year was due under Section 505, without regard |
16 | | to any
extension of the time for filing such return.
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17 | | (d) Refund claim. Every claim for refund shall be filed |
18 | | with the
Department in writing in such form as the Department |
19 | | may by regulations
prescribe, and shall state the specific |
20 | | grounds upon which it is founded.
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21 | | (e) Notice of denial. As soon as practicable after a claim |
22 | | for refund
is filed, the Department shall examine it and either |
23 | | issue a notice of
refund, abatement or credit to the claimant |
24 | | or issue a notice of denial.
If the Department has failed to |
25 | | approve or deny the claim before the
expiration of 6 months |
26 | | from the date the claim was filed, the claimant may
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1 | | nevertheless thereafter file with the Department a written |
2 | | protest in such
form as the Department may by regulation |
3 | | prescribe, provided that, on or after July 1, 2013, protests |
4 | | concerning matters that are subject to the jurisdiction of the |
5 | | Illinois Independent Tax Tribunal shall be filed with the |
6 | | Illinois Independent Tax Tribunal and not with the Department. |
7 | | If the protest is subject to the jurisdiction of the |
8 | | Department,
the Department shall consider the claim and, if the |
9 | | taxpayer has so
requested, shall grant the taxpayer or the |
10 | | taxpayer's authorized
representative a hearing within 6 months |
11 | | after the date such request is filed.
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12 | | On and after July 1, 2013, if the protest would otherwise |
13 | | be subject to the jurisdiction of the Illinois Independent Tax |
14 | | Tribunal, the claimant may elect to treat the Department's |
15 | | non-action as a denial of the claim by filing a petition to |
16 | | review the Department's administrative decision with the |
17 | | Illinois Independent Tax Tribunal, as provided by Section 910. |
18 | | (f) Effect of denial. A denial of a claim for refund |
19 | | becomes final 60
days after the date of issuance of the notice |
20 | | of such denial except for
such amounts denied as to which the |
21 | | claimant has filed a protest with the
Department or a petition |
22 | | with the Illinois Independent Tax Tribunal, as provided by |
23 | | Section 910.
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24 | | (g) An overpayment of tax shown on the face of an unsigned |
25 | | return
shall be considered forfeited to the State if after |
26 | | notice and demand for
signature by the Department the taxpayer |
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1 | | fails to provide a signature and 3
years have passed from the |
2 | | date the return was filed.
An overpayment of tax refunded to a |
3 | | taxpayer whose return was filed
electronically shall be |
4 | | considered an erroneous refund under Section 912 of
this Act |
5 | | if, after proper notice and demand by the
Department, the |
6 | | taxpayer fails to provide a required signature document.
A |
7 | | notice and demand for signature in the case of a return |
8 | | reflecting an
overpayment may be made by first class mail. This |
9 | | subsection (g) shall apply
to all returns filed pursuant to |
10 | | this Act since 1969.
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11 | | (h) This amendatory Act of 1983 applies to returns and |
12 | | claims for
refunds filed with the Department on and after July |
13 | | 1, 1983.
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14 | | (Source: P.A. 97-507, eff. 8-23-11; 97-1129, eff. 8-28-12; |
15 | | 98-463, eff. 8-16-13.)".
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