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| Public Act 098-0925 | ||||
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Income Tax Act is amended by | ||||
changing Section 909 as follows:
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(35 ILCS 5/909) (from Ch. 120, par. 9-909)
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Sec. 909. Credits and Refunds.
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(a) In general. In the case of any overpayment, the | ||||
Department, within the applicable period of limitations for a | ||||
claim for refund, may
credit the amount of such overpayment, | ||||
including any interest allowed
thereon, against any liability | ||||
in respect of the tax imposed by this Act,
regardless of | ||||
whether other collection remedies are closed to the
Department | ||||
on the part of the person who made the overpayment and shall
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refund any balance to such person or credit any balance to that | ||||
person pursuant to an election under subsection (b) of this | ||||
Section.
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(b) Credits against estimated tax. The Department shall may
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prescribe regulations providing for a taxpayer election on an | ||||
original return, an amended return, or otherwise for the | ||||
crediting against the estimated tax
for any taxable year of the | ||||
amount determined by the taxpayer or the
Department to be an | ||||
overpayment of the tax imposed by this Act for a
preceding | ||||
taxable year.
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(c) Interest on overpayment. Interest shall be allowed and | ||
paid at the
rate and in the manner prescribed in Section 3-2 of | ||
the Uniform Penalty and
Interest Act upon any overpayment in | ||
respect of the tax imposed by this
Act. For purposes of this | ||
subsection, no amount of tax, for any taxable
year, shall be | ||
treated as having been paid before the date on which the tax
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return for such year was due under Section 505, without regard | ||
to any
extension of the time for filing such return.
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(d) Refund claim. Every claim for refund shall be filed | ||
with the
Department in writing in such form as the Department | ||
may by regulations
prescribe, and shall state the specific | ||
grounds upon which it is founded.
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(e) Notice of denial. As soon as practicable after a claim | ||
for refund
is filed, the Department shall examine it and either | ||
issue a notice of
refund, abatement or credit to the claimant | ||
or issue a notice of denial.
If the Department has failed to | ||
approve or deny the claim before the
expiration of 6 months | ||
from the date the claim was filed, the claimant may
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nevertheless thereafter file with the Department a written | ||
protest in such
form as the Department may by regulation | ||
prescribe, provided that, on or after July 1, 2013, protests | ||
concerning matters that are subject to the jurisdiction of the | ||
Illinois Independent Tax Tribunal shall be filed with the | ||
Illinois Independent Tax Tribunal and not with the Department. | ||
If the protest is subject to the jurisdiction of the | ||
Department,
the Department shall consider the claim and, if the | ||
taxpayer has so
requested, shall grant the taxpayer or the | ||
taxpayer's authorized
representative a hearing within 6 months | ||
after the date such request is filed.
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On and after July 1, 2013, if the protest would otherwise | ||
be subject to the jurisdiction of the Illinois Independent Tax | ||
Tribunal, the claimant may elect to treat the Department's | ||
non-action as a denial of the claim by filing a petition to | ||
review the Department's administrative decision with the | ||
Illinois Independent Tax Tribunal, as provided by Section 910. | ||
(f) Effect of denial. A denial of a claim for refund | ||
becomes final 60
days after the date of issuance of the notice | ||
of such denial except for
such amounts denied as to which the | ||
claimant has filed a protest with the
Department or a petition | ||
with the Illinois Independent Tax Tribunal, as provided by | ||
Section 910.
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(g) An overpayment of tax shown on the face of an unsigned | ||
return
shall be considered forfeited to the State if after | ||
notice and demand for
signature by the Department the taxpayer | ||
fails to provide a signature and 3
years have passed from the | ||
date the return was filed.
An overpayment of tax refunded to a | ||
taxpayer whose return was filed
electronically shall be | ||
considered an erroneous refund under Section 912 of
this Act | ||
if, after proper notice and demand by the
Department, the | ||
taxpayer fails to provide a required signature document.
A | ||
notice and demand for signature in the case of a return | ||
reflecting an
overpayment may be made by first class mail. This | ||
subsection (g) shall apply
to all returns filed pursuant to | ||
this Act since 1969.
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(h) This amendatory Act of 1983 applies to returns and | ||
claims for
refunds filed with the Department on and after July | ||
1, 1983.
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(Source: P.A. 97-507, eff. 8-23-11; 97-1129, eff. 8-28-12; | ||
98-463, eff. 8-16-13.)
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