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91_HB0445
LRB9102378PTpk
1 AN ACT to amend the Illinois Income Tax Act by changing
2 Section 911.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Income Tax Act is amended by
6 changing Section 911 as follows:
7 (35 ILCS 5/911) (from Ch. 120, par. 9-911)
8 Sec. 911. Limitations on claims for refund.
9 (a) In general. Except as otherwise provided in this
10 Act:
11 (1) A claim for refund shall be filed not later
12 than 3 years after the date the return was filed (in the
13 case of returns required under Article 7 of this Act
14 respecting any amounts withheld as tax, not later than 3
15 years after the 15th day of the 4th month following the
16 close of the calendar year in which such withholding was
17 made), or one year after the date the tax was paid,
18 whichever is the later; and
19 (2) No credit or refund shall be allowed or made
20 with respect to the year for which the claim was filed
21 unless such claim is filed within such period; and.
22 (3) A claim for a credit against income tax
23 liability may be filed at any time.
24 (b) Federal changes.
25 (1) In general. In any case where notification of
26 an alteration is required by Section 506 (b), a claim for
27 refund may be filed within 2 years after the date on
28 which such notification was due (regardless of whether
29 such notice was given), but the amount recoverable
30 pursuant to a claim filed under this Section shall be
31 limited to the amount of any overpayment resulting under
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1 this Act from recomputation of the taxpayer's net income,
2 net loss, or Article 2 credits for the taxable year after
3 giving effect to the item or items reflected in the
4 alteration required to be reported.
5 (2) Tentative carryback adjustments paid before
6 January 1, 1974. If, as the result of the payment before
7 January 1, 1974 of a federal tentative carryback
8 adjustment, a notification of an alteration is required
9 under Section 506 (b), a claim for refund may be filed at
10 any time before January 1, 1976, but the amount
11 recoverable pursuant to a claim filed under this Section
12 shall be limited to the amount of any overpayment
13 resulting under this Act from recomputation of the
14 taxpayer's base income for the taxable year after giving
15 effect to the federal alteration resulting from the
16 tentative carryback adjustment irrespective of any
17 limitation imposed in paragraph (l) of this subsection.
18 (c) Extension by agreement. Where, before the
19 expiration of the time prescribed in this Section for the
20 filing of a claim for refund, both the Department and the
21 claimant shall have consented in writing to its filing after
22 such time, such claim may be filed at any time prior to the
23 expiration of the period agreed upon. The period so agreed
24 upon may be extended by subsequent agreements in writing made
25 before the expiration of the period previously agreed upon.
26 (d) Limit on amount of credit or refund.
27 (1) Limit where claim filed within 3-year period.
28 If the claim was filed by the claimant during the 3-year
29 period prescribed in subsection (a), the amount of the
30 credit or refund shall not exceed the portion of the tax
31 paid within the period, immediately preceding the filing
32 of the claim, equal to 3 years plus the period of any
33 extension of time for filing the return.
34 (2) Limit where claim not filed within 3-year
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1 period. If the claim was not filed within such 3-year
2 period, the amount of the credit or refund shall not
3 exceed the portion of the tax paid during the one year
4 immediately preceding the filing of the claim.
5 (3) Limit on amount of credit. If a claim is filed
6 for a credit, then the amount of the credit may not
7 exceed the taxpayer's tax liability under the Act.
8 (e) Time return deemed filed. For purposes of this
9 section a tax return filed before the last day prescribed by
10 law for the filing of such return (including any extensions
11 thereof) shall be deemed to have been filed on such last day.
12 (f) No claim for refund based on the taxpayer's taking a
13 credit for estimated tax payments as provided by Section 601
14 (b) (2) or for any amount paid by a taxpayer pursuant to
15 Section 602(a) or for any amount of credit for tax withheld
16 pursuant to Section 701 may be filed more than 3 years after
17 the due date, as provided by Section 505, of the return which
18 was required to be filed relative to the taxable year for
19 which the payments were made or for which the tax was
20 withheld. The changes in this subsection (f) made by this
21 amendatory Act of 1987 shall apply to all taxable years
22 ending on or after December 31, 1969.
23 (g) Special Period of Limitation with Respect to Net
24 Loss Carrybacks. If the claim for refund relates to an
25 overpayment attributable to a net loss carryback as provided
26 by Section 207, in lieu of the 3 year period of limitation
27 prescribed in subsection (a), the period shall be that period
28 which ends 3 years after the time prescribed by law for
29 filing the return (including extensions thereof) for the
30 taxable year of the net loss which results in such carryback,
31 or the period prescribed in subsection (c) in respect of such
32 taxable year, whichever expires later. In the case of such a
33 claim, the amount of the refund may exceed the portion of the
34 tax paid within the period provided in subsection (d) to the
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1 extent of the amount of the overpayment attributable to such
2 carryback.
3 (Source: P.A. 90-491, eff. 1-1-98.)