Public Act 098-0925
 
HB5564 EnrolledLRB098 17917 HLH 53041 b

    AN ACT concerning revenue.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Income Tax Act is amended by
changing Section 909 as follows:
 
    (35 ILCS 5/909)  (from Ch. 120, par. 9-909)
    Sec. 909. Credits and Refunds.
    (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
refund any balance to such person or credit any balance to that
person pursuant to an election under subsection (b) of this
Section.
    (b) Credits against estimated tax. The Department shall may
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.
    (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
return for such year was due under Section 505, without regard
to any extension of the time for filing such return.
    (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.
    (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
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.
    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.
    (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.
    (h) This amendatory Act of 1983 applies to returns and
claims for refunds filed with the Department on and after July
1, 1983.
(Source: P.A. 97-507, eff. 8-23-11; 97-1129, eff. 8-28-12;
98-463, eff. 8-16-13.)