(35 ILCS 735/3-6) (from Ch. 120, par. 2603-6)
Sec. 3-6. Penalty for fraud.
(a) If any return or amended return is filed with intent to defraud, in
addition to any penalty imposed under Section 3-3 of this Act, a penalty
shall be imposed in an amount equal to 50% of any resulting deficiency.
(b) If any claim is filed with intent to defraud, a penalty shall be
imposed in an amount equal to 50% of the amount fraudulently claimed for
credit or refund.
(c) If a taxpayer has a tax liability for the taxable period ending after June 30,
1983 and prior to July 1, 2002 that is eligible for amnesty under
the Tax Delinquency Amnesty Act and the taxpayer fails to satisfy the tax
liability during the amnesty period provided for in that Act for that taxable period, then the penalty
imposed by the Department under this Section shall be imposed in an amount that
is 200% of the amount that would otherwise be imposed under this Section.
(d) If a taxpayer has a tax liability for the taxable period ending after June 30, 2002 and prior to July 1, 2009 that is eligible for amnesty under the
Tax Delinquency Amnesty Act, except for any tax liability reported pursuant to Section 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that is not final, and the taxpayer fails to satisfy the tax liability
during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by
the Department under this Section shall be imposed in an amount that is 200% of
the amount that would otherwise be imposed under this Section. (Source: P.A. 96-1435, eff. 8-16-10.)
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