(35 ILCS 135/14) (from Ch. 120, par. 453.44)
Sec. 14.
In case of failure to pay the tax, or any portion thereof, or any
penalty provided for in this Act, when due, the Department may bring an
action to recover the amount of such tax, or portion thereof, or penalty;
or, if the taxpayer shall have died or shall have become a person under legal
disability, by filing claim therefor against his or her estate; provided
that no such action with respect to any tax, or portion thereof, or
penalty, shall be instituted more than 2 years after the cause of action
accrues, except with the consent of the person from whom such tax or penalty
is due.
After the expiration of the period within which the person assessed may
file an action for judicial review under the Administrative Review Law without
such an action being filed, a certified copy of the final assessment or
revised final assessment of the Department may be filed with the Circuit
Court of the county in which the taxpayer has his or her principal place of
business, or of Sangamon County in those cases in which the taxpayer does
not have his or her principal place of business in this State. The certified
copy of the final assessment or revised final assessment shall be accompanied
by a certification which recites facts that are sufficient to show that the
Department complied with the jurisdictional requirements of the Act in
arriving at its final assessment or its revised final assessment and that
the taxpayer had his opportunity for an administrative hearing and for
judicial review, whether he availed himself or herself of either or both
of these opportunities or not. If the court is satisfied that the Department
complied with the jurisdictional requirements of the Act in arriving at its
final assessment or its revised final assessment and that the taxpayer had
his or her opportunity for an administrative hearing and for judicial review,
whether he availed himself or herself of either or both of these opportunities
or not, the court shall enter judgment in favor of the Department and against
the taxpayer for the amount shown to be due by the final assessment or the
revised final assessment, and such judgment shall be entered of record in
the court. Such judgment shall bear the rate of interest set in the Uniform
Penalty and Interest Act, but otherwise shall have the same effect as other
judgments. The judgment shall be enforceable, and all laws applicable to
sales for the enforcement of a judgment shall be applicable to sales made
under such judgments. The Department shall file the certified copy of its
assessment, as herein provided, with the Circuit Court within 2 years after
such assessment becomes final except when the taxpayer consents in writing
to an extension of such filing period.
If, when the cause of action for a proceeding in court accrues against a
person, he or she is out of the State, the action may be commenced within the
times herein limited, after his or her coming into or return to the State;
and if, after the cause of action accrues, he or she departs from and
remains out of the State, the time of his or her absence is no part of the
time limited for the commencement of the action; but the foregoing
provisions concerning absence from the State shall not apply to any case in
which, at the time the cause of action accrues, the party against whom the
cause of action accrues is not a resident of this State. The time within
which a court action is to be commenced by the Department hereunder shall
not run while the taxpayer is a debtor in any proceeding under the Federal
Bankruptcy Act nor thereafter until 90 days after the Department is
notified by such debtor of being discharged in bankruptcy.
No claim shall be filed against the estate of any deceased person or
person under legal disability for any tax or penalty or part of either
except in the manner prescribed and within the time limited by the Probate
Act of 1975, as amended.
The remedies provided for herein shall not be exclusive, but all
remedies available to creditors for the collection of debts shall be
available for the collection of any tax or penalty due hereunder.
The collection of such tax or penalty shall not be a bar to any
prosecution under this Act.
The certificate of the Director of the Department to the effect that a
tax or amount required to be paid by this Act has not been paid, that a
return has not been filed, or that information has not been supplied
pursuant to the provisions of this Act, shall be prima facie evidence
thereof.
All of the provisions of Sections 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i and
5j of the Retailers' Occupation Tax Act which are not inconsistent
with this Act, and Section 3-7 of the Uniform Penalty and Interest Act,
shall apply, as far as practicable, to the subject matter of
this Act to the same extent as if such provisions were included herein.
References in such incorporated Sections of the "Retailers' Occupation Tax
Act" to retailers, to sellers or to persons engaged in the business of
selling tangible personal property shall mean distributors when used in
this Act.
(Source: P.A. 87-205 .)
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