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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 thatwhichis at least 2/3 12 of his or her total estimated gross income for thatsuchyear 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.