State of Illinois
92nd General Assembly
Legislation

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92_SB2229

 
                                               LRB9216055SMpk

 1        AN ACT in relation to taxes.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Income Tax Act is amended by
 5    changing Section 803 as follows:

 6        (35 ILCS 5/803) (from Ch. 120, par. 8-803)
 7        Sec. 803.  Payment of Estimated Tax.
 8        (a)  Every  taxpayer  other  than   an   estate,   trust,
 9    partnership,  Subchapter  S corporation or farmer is required
10    to pay estimated tax for the taxable year, in such amount and
11    with such forms as the Department  shall  prescribe,  if  the
12    amount payable as estimated tax can reasonably be expected to
13    be  more  than  (i)  $250  for  taxable  years  ending before
14    December 31, 2001 and $500 for taxable  years  ending  on  or
15    after December 31, 2001 or (ii) $400 for corporations.
16        (b)  Estimated  tax  defined.   The  term "estimated tax"
17    means the excess of:
18             (1)  The amount which the taxpayer estimates  to  be
19        his tax under this Act for the taxable year, over
20             (2)  The  amount which he estimates to be the sum of
21        any amounts to be withheld  on  account  of  or  credited
22        against such tax.
23        (c)  Joint  payment.   If  they are eligible to do so for
24    federal tax purposes, a husband and wife  may  pay  estimated
25    tax as if they were one taxpayer, in which case the liability
26    with respect to the estimated tax shall be joint and several.
27    If  a joint payment is made but the husband and wife elect to
28    determine  their  taxes  under  this  Act   separately,   the
29    estimated  tax  for such year may be treated as the estimated
30    tax of either husband or wife,  or  may  be  divided  between
31    them, as they may elect.
 
                            -2-                LRB9216055SMpk
 1        (d)  There   shall   be  paid  4  equal  installments  of
 2    estimated tax for each taxable year, payable as follows:
 3        Required Installment:      Due Date:
 4                 1st               April 15
 5                 2nd               June 15
 6                 3rd               September 15
 7                 4th               Individuals: January 15 of the
 8                                   following taxable year
 9                                   Corporations: December 15
10        (e)  Farmers.  An individual, having  gross  income  from
11    farming  (i)  for the taxable year that which is at least 2/3
12    of his or her total estimated gross income for that such year
13    or (ii) for the preceding taxable year that was at least  2/3
14    of  his  or her total gross income for that preceding taxable
15    year.
16        (f)  Application to short taxable years. The  application
17    of this section to taxable years of less than 12 months shall
18    be   in   accordance   with  regulations  prescribed  by  the
19    Department.
20        (g)  Fiscal years. In the application of this section  to
21    the  case  of a taxable year beginning on any date other than
22    January  1,  there  shall  be  substituted,  for  the  months
23    specified in  subsections  (d)  and  (e),  the  months  which
24    correspond thereto.
25        (h)  Installments  paid  in  advance.  Any installment of
26    estimated tax may be paid before the date prescribed for  its
27    payment.
28        The  changes  in this Section made by this amendatory Act
29    of 1985 shall apply to  taxable  years  ending  on  or  after
30    January 1, 1986.
31    (Source: P.A. 91-913, eff. 1-1-01.)

32        Section  99.  Effective date.  This Act takes effect upon
33    becoming law.

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