Full Text of SB0377 96th General Assembly
SB0377ham002 96TH GENERAL ASSEMBLY
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Rep. Barbara Flynn Currie
Filed: 5/6/2010
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| AMENDMENT TO SENATE BILL 377
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| AMENDMENT NO. ______. Amend Senate Bill 377, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Department of Revenue Law of the
Civil | 6 |
| Administrative Code of Illinois is amended by adding Section | 7 |
| 2505-660 as follows: | 8 |
| (20 ILCS 2505/2505-660 new) | 9 |
| Sec. 2505-660. Financial institution record sharing for | 10 |
| income tax debt collection. | 11 |
| (a) For the purpose of the collection of any income tax | 12 |
| debt owed to the State, the Department may require each | 13 |
| financial institution doing business in the State to provide | 14 |
| data concerning account holders, owners, or customers who | 15 |
| maintain one or more accounts with that institution. | 16 |
| (b) Definitions. |
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| "Account" means a demand deposit account, checking or | 2 |
| negotiable withdrawal order account, savings account, time | 3 |
| deposit account, or money market mutual fund account. | 4 |
| "Financial institution" includes: | 5 |
| (1) a depository institution, which is any bank or | 6 |
| saving association; | 7 |
| (2) an insured depository institution, which is | 8 |
| any bank or saving institution the deposits of which | 9 |
| are insured pursuant to the Federal Deposit Insurance | 10 |
| Act, or any uninsured branch or agency of a foreign | 11 |
| bank or a commercial lending company owned or | 12 |
| controlled by a foreign bank; | 13 |
| (3) a federal depository institution, which is any | 14 |
| national bank, any federal savings association, or any | 15 |
| federal branch; | 16 |
| (4) a state depository institution, which is any | 17 |
| state bank, any state savings association, or any | 18 |
| insured branch that is not a federal branch; | 19 |
| (5) a federal credit union, which is a cooperative | 20 |
| association organized in accordance with the | 21 |
| provisions of the Federal Credit Union Act; | 22 |
| (6) a state chartered credit union that is | 23 |
| organized and operated according to the laws of this or | 24 |
| any other state, which laws provide for the | 25 |
| organization of credit unions similar in principle and | 26 |
| objectives to federal credit unions; and |
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| (7) any benefit association, insurance company, | 2 |
| safe deposit company, money market mutual fund, or | 3 |
| similar entity authorized to do business in this State. | 4 |
| "Financial record" has the meaning given to that term | 5 |
| in Section 1101 of the federal Right to Financial Privacy | 6 |
| Act of 1978 (12 U.S.C. 3401). | 7 |
| "Income tax debt" means delinquent taxes owed to the | 8 |
| State for which a lien has attached pursuant to Section | 9 |
| 1101 of the Illinois Income Tax Act (35 ILCS 5/1101). | 10 |
| "Persons" means any natural individual, firm, | 11 |
| partnership, association, joint stock company, joint | 12 |
| adventure, public or private corporation, limited | 13 |
| liability company, or a receiver, executor, trustee, | 14 |
| guardian, or other representative appointed by order of any | 15 |
| court. | 16 |
| (c) Financial institutions data matches. | 17 |
| (1) The Department may design and implement a data | 18 |
| match system pursuant to which the Department shall enter | 19 |
| into agreements with financial institutions doing business | 20 |
| in this State for the purpose of identifying accounts to be | 21 |
| used in the collection of income tax debt owed to the State | 22 |
| of Illinois. | 23 |
| (2) Every agreement entered into with a financial | 24 |
| institution under this Section shall provide, at the option | 25 |
| of the financial institution, either (i) that the financial | 26 |
| institution shall compare data concerning account holders, |
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| owners, or customers who maintain one or more accounts at | 2 |
| the financial institution with data concerning persons | 3 |
| identified by the Department as responsible for owing | 4 |
| income tax debt and for each of whom the Department shall | 5 |
| provide the name, record address, and social security | 6 |
| number or tax identification number, or (ii) that the | 7 |
| financial institution shall provide the social security | 8 |
| number or tax identification number of the account holders, | 9 |
| owners, or customers who maintain one or more accounts at | 10 |
| the financial institution to the Department, which shall | 11 |
| compare that data with data concerning persons identified | 12 |
| as responsible for owing income tax debt. | 13 |
| (3) Every agreement shall provide that the Department | 14 |
| shall pay to the financial institution providing or | 15 |
| comparing the data a reasonable fee not to exceed the | 16 |
| institution's actual cost of providing the data or | 17 |
| performing the comparison. | 18 |
| (4) If the financial institution or Department | 19 |
| determines that the name and either social security number | 20 |
| or tax identification number of any person identified by | 21 |
| the Department under subdivision (c)(2) of this Section | 22 |
| match the name and either social security number or tax | 23 |
| identification number of the account holder, owner, or | 24 |
| customer who maintains one or more accounts at the | 25 |
| financial institution, then the financial institution | 26 |
| shall report the person's name and either social security |
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| number or tax identification number to the Department, for | 2 |
| each calendar quarter in which the person is identified by | 3 |
| the Department as responsible for owing income tax debt. | 4 |
| (d) Types of accounts to be reported. The account reporting | 5 |
| requirements of subsection (c) of this Section apply to | 6 |
| accounts held or owned by "persons", as that term is defined in | 7 |
| subsection (b) of this Section. In the case of a joint account, | 8 |
| the account holder or owner shall be deemed to be the primary | 9 |
| account holder or owner established by the financial | 10 |
| institution in accordance with federal 1099 reporting | 11 |
| requirements. | 12 |
| (e) Accommodation of financial institutions. The | 13 |
| Department shall make a reasonable effort to accommodate those | 14 |
| financial institutions on which the requirements of this | 15 |
| Section would impose a hardship. In the case of a non-automated | 16 |
| financial institution, a paper copy including either social | 17 |
| security numbers or tax identification numbers would be an | 18 |
| acceptable format. In order to allow for data processing | 19 |
| implementation, no agreement shall become effective earlier | 20 |
| than 90 days after its execution. | 21 |
| (f) Financial institution's charges on account. | 22 |
| (1) If the Department requests a financial institution | 23 |
| to hold or encumber assets in an account, the financial | 24 |
| institution at which the account is maintained may charge | 25 |
| and collect its normally scheduled account activity fees to | 26 |
| maintain the account during the period of time the account |
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| assets are held or encumbered. | 2 |
| (2) If the Department takes any action to enforce a | 3 |
| lien or levy imposed on an account and the financial | 4 |
| institution at which the account is maintained remits | 5 |
| moneys in the account to the Department as a result of | 6 |
| enforcement of a lien or levy on the account, the financial | 7 |
| institution at which the account is maintained may charge | 8 |
| to the account a fee of up to $50 and shall deduct the | 9 |
| amount of the fee from the account before remitting any | 10 |
| moneys from the account to the Department. | 11 |
| (g) Confidentiality. All information provided to the | 12 |
| Department by a financial institution under this Section is | 13 |
| confidential and may be used only for the purpose of enforcing | 14 |
| collection of income tax debt owed to the State of Illinois. | 15 |
| (h) Financial institution's freedom from liability. A | 16 |
| financial institution that provides information under this | 17 |
| Section shall not be liable to any account holder, owner, or | 18 |
| other person in any civil, criminal, or administrative action | 19 |
| for any of the following: | 20 |
| (1) Disclosing the required information to the | 21 |
| Department, any other provisions of law not withstanding. | 22 |
| (2) Holding, encumbering, or surrendering any accounts | 23 |
| in response to a lien or order to withhold and deliver | 24 |
| issued by: | 25 |
| (A) the Department under this Section; or | 26 |
| (B) a person or entity acting on behalf of the |
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| Department. | 2 |
| (3) Any other action taken or omission made in good | 3 |
| faith to comply with this Section, including individual or | 4 |
| mechanical errors, provided that the action or omission | 5 |
| does not constitute gross negligence or willful | 6 |
| misconduct. | 7 |
| Section 10. The Uncollected State Claims Act is amended by | 8 |
| adding Section 2.1 as follows: | 9 |
| (30 ILCS 205/2.1 new) | 10 |
| Sec. 2.1. Sale of debts certified as uncollectible. After | 11 |
| accounts have been certified by the Attorney General as | 12 |
| uncollectible pursuant to this Act, the State Comptroller may | 13 |
| sell the debts to one or more outside private vendors. Sales | 14 |
| shall be conducted under rules adopted by the State Comptroller | 15 |
| using a request for proposals procedure similar to that | 16 |
| procedure under the Illinois Procurement Code. The outside | 17 |
| private vendors shall remit to the State Comptroller the | 18 |
| purchase price for debts sold under this Section. The State | 19 |
| Comptroller shall deposit the money received under this Section | 20 |
| into the General Revenue Fund. This Section does not apply to | 21 |
| any tax debt owing to the Department of Revenue. | 22 |
| Section 15. The Illinois State Collection Act of 1986 is | 23 |
| amended by adding Section 9 as follows: |
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| (30 ILCS 210/9 new) | 2 |
| Sec. 9. Deferral and compromise of past due debt. | 3 |
| (a) In this Section, "past due debt" means any debt owed to | 4 |
| the State that has been outstanding for more than 12 months. | 5 |
| "Past due debt" does not include any debt if any of the actions | 6 |
| required under this Section would violate federal law or | 7 |
| regulation. | 8 |
| (b) State agencies may enter into a deferred payment plan | 9 |
| for the purpose of satisfying a past due debt. The deferred | 10 |
| payment plan must meet the following requirements: | 11 |
| (1) The term of the deferred payment plan may not | 12 |
| exceed 2 years. | 13 |
| (2) The first payment of the deferred payment plan must | 14 |
| be at least 10% of the total amount due. | 15 |
| (3) All subsequent monthly payments for the deferred | 16 |
| payment plan must be assessed as equal monthly principal | 17 |
| payments, together with interest. | 18 |
| (4) The deferred payment plan must include interest at | 19 |
| a rate that is the same as the interest required under the | 20 |
| State Prompt Payment Act. | 21 |
| (5) The deferred payment plan must be approved by the | 22 |
| Secretary or Director of the State agency. | 23 |
| (c) State agencies may compromise past due debts. Any | 24 |
| action taken by a State agency to compromise a past due debt | 25 |
| must meet the following requirements: |
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| (1) The amount of the compromised debt shall be no less | 2 |
| than 80% of the total of the past due debt. | 3 |
| (2) Once a past due debt has been compromised, the | 4 |
| debtor must remit to the State agency the total amount of | 5 |
| the compromised debt. However, the State agency may collect | 6 |
| the compromised debt through a payment plan not to exceed 6 | 7 |
| months. If the State agency accepts the compromised debt | 8 |
| through a payment plan, then the compromised debt shall be | 9 |
| subject to the same rate of interest as required under the | 10 |
| State Prompt Payment Act. | 11 |
| (3) Before a State agency accepts a compromised debt, | 12 |
| the amount of the compromised debt must be approved by the | 13 |
| State Comptroller. | 14 |
| (d) State agencies may sell a past due debt to one or more | 15 |
| outside private vendors. Sales shall be conducted under rules | 16 |
| adopted by the State Comptroller using a request for proposals | 17 |
| procedure similar to that procedure under the Illinois | 18 |
| Procurement Code. The outside private vendors shall remit to | 19 |
| the State Agency the purchase price for debts sold under this | 20 |
| subsection. | 21 |
| (e) The State agency shall deposit all amounts received | 22 |
| under this Section into the General Revenue Fund. | 23 |
| (f) This Section does not apply to any tax debt owing to | 24 |
| the Department of Revenue. | 25 |
| Section 20. The Tax Delinquency Amnesty Act is amended by |
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| changing Section 10 as follows:
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| (35 ILCS 745/10)
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| Sec. 10. Amnesty program. The Department shall establish an | 4 |
| amnesty
program for all taxpayers owing any tax imposed by | 5 |
| reason of or pursuant to
authorization by any law of the State | 6 |
| of Illinois and collected by the
Department.
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| The amnesty program shall be for a period from October 1, | 8 |
| 2003 through
November 15, 2003 and for a period beginning on | 9 |
| October 1, 2010 and ending November 15, 2010 .
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| The amnesty program shall provide that, upon payment by a | 11 |
| taxpayer of all
taxes
due from that taxpayer to the State of | 12 |
| Illinois for any taxable period ending
(i) after June 30,
1983 | 13 |
| and prior to July 1, 2002 for the tax amnesty period occurring | 14 |
| from October 1, 2003 through
November 15, 2003, and (ii) after | 15 |
| June 30, 2002 and prior to July 1, 2009 for the tax amnesty | 16 |
| period beginning on October 1, 2010 through November 15, 2010 , | 17 |
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Department shall abate and not seek to collect any interest | 18 |
| or penalties that
may be
applicable and the Department shall | 19 |
| not seek civil or criminal prosecution for
any taxpayer for the | 20 |
| period of time for which amnesty has been granted to the
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| taxpayer. Failure to pay all taxes due to the State for a | 22 |
| taxable period shall
invalidate any
amnesty granted under this | 23 |
| Act. Amnesty shall be granted only if all amnesty
conditions | 24 |
| are
satisfied by the taxpayer.
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| Amnesty shall not be granted to taxpayers who are a party |
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| to any criminal
investigation or to any civil or criminal | 2 |
| litigation that is pending in any
circuit court or appellate | 3 |
| court or the Supreme Court of this State for
nonpayment, | 4 |
| delinquency, or fraud in relation to any State tax imposed by | 5 |
| any
law of the State of Illinois.
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| Participation in an amnesty program shall not preclude a | 7 |
| taxpayer from claiming a refund for an overpayment of tax on an | 8 |
| issue unrelated to the issues for which the taxpayer claimed | 9 |
| amnesty or for an overpayment of tax by taxpayers estimating a | 10 |
| non-final liability for the amnesty program pursuant to Section | 11 |
| 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)). | 12 |
| Voluntary payments made under this Act shall be made by | 13 |
| cash, check,
guaranteed remittance, or ACH debit.
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| The Department shall adopt rules as necessary to implement | 15 |
| the provisions of
this Act.
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| Except as otherwise provided in this Section, all money | 17 |
| collected under this
Act that would otherwise be deposited into | 18 |
| the General Revenue Fund shall be
deposited as
follows: (i) | 19 |
| one-half into the Common School Fund; (ii) one-half into the
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| General
Revenue Fund. Two percent of all money collected under | 21 |
| this Act shall be
deposited by
the State Treasurer into the Tax | 22 |
| Compliance and Administration Fund and,
subject to
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| appropriation, shall be used by the Department to cover costs | 24 |
| associated with
the administration of this Act.
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| (Source: P.A. 93-26, eff. 6-20-03.)
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| Section 25. The Uniform Penalty and Interest Act is amended | 2 |
| by changing Sections 3-2, 3-3, 3-4, 3-5, 3-6, and 3-7.5 as | 3 |
| follows:
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| (35 ILCS 735/3-2) (from Ch. 120, par. 2603-2)
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| Sec. 3-2. Interest.
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| (a) Interest paid by the Department to taxpayers and | 7 |
| interest
charged to taxpayers by the Department shall be paid | 8 |
| at the annual
rate determined by the Department. For periods | 9 |
| prior to January 1, 2004, that
rate shall be the underpayment
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| rate established under Section 6621 of the Internal Revenue | 11 |
| Code. For periods
after December 31, 2003, that rate shall be:
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| (1) for the one-year period beginning with the date of | 13 |
| underpayment or
overpayment, the short-term federal rate | 14 |
| established under Section 6621 of the
Internal Revenue | 15 |
| Code.
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| (2) for any period beginning the day after the one-year | 17 |
| period described
in paragraph (1) of this subsection (a), | 18 |
| the underpayment rate established
under Section 6621 of the | 19 |
| Internal Revenue Code.
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| (b) The interest rate shall be adjusted on a semiannual | 21 |
| basis, on
January 1 and July 1, based upon the underpayment | 22 |
| rate or short-term federal
rate going into
effect on that | 23 |
| January 1 or July 1 under Section 6621 of the Internal
Revenue | 24 |
| Code.
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| (c) This subsection (c) is applicable to returns due on and |
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| before
December 31, 2000.
Interest shall be simple interest | 2 |
| calculated on a daily basis.
Interest shall accrue upon tax and | 3 |
| penalty due. If notice and demand
is made for the payment of | 4 |
| any amount of tax due and if the amount due is
paid within 30 | 5 |
| days after the date of such notice and demand, interest
under | 6 |
| this Section on the amount so paid shall not be imposed for the
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| period after the date of the notice and demand.
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| (c-5) This subsection (c-5) is applicable to returns due on | 9 |
| and after
January 1, 2001.
Interest shall be simple interest | 10 |
| calculated on a daily basis. Interest shall
accrue upon tax | 11 |
| due. If notice and demand is made for the payment of any
amount | 12 |
| of tax due and if the amount due is paid within 30 days after | 13 |
| the date
of the notice and demand, interest under this Section | 14 |
| on the amount so paid
shall not be imposed for the period after | 15 |
| the date of the notice and demand.
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| (d) No interest shall be paid upon any overpayment of tax | 17 |
| if the
overpayment is refunded or a credit approved within 90 | 18 |
| days after the last
date prescribed for filing the original | 19 |
| return,
or within 90 days of the receipt of the processable | 20 |
| return, or within 90
days after the date of overpayment, | 21 |
| whichever date is latest, as determined
without regard to | 22 |
| processing time by the Comptroller or without regard to
the | 23 |
| date on which the credit is applied to the taxpayer's account.
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| In order for an original return to be processable for purposes | 25 |
| of this
Section, it must be in the form prescribed or approved | 26 |
| by
the Department, signed by the person authorized by law, and |
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| contain all
information, schedules, and support documents | 2 |
| necessary to determine the
tax due and to make allocations of | 3 |
| tax as prescribed by law.
For the purposes of computing | 4 |
| interest, a return shall be deemed to be
processable unless the | 5 |
| Department notifies the taxpayer that the return is
not | 6 |
| processable within 90 days after the receipt of the return; | 7 |
| however,
interest shall not accumulate for the period following | 8 |
| this date of notice.
Interest on amounts refunded or credited | 9 |
| pursuant to the filing of an
amended return or claim for refund | 10 |
| shall be determined from the due date of
the original return or | 11 |
| the date of overpayment, whichever is later, to the
date of | 12 |
| payment by the Department without regard to processing time by | 13 |
| the
Comptroller or the date of credit by the Department or | 14 |
| without regard to
the date on which the credit is applied to | 15 |
| the taxpayer's account. If a
claim for refund relates to an | 16 |
| overpayment attributable to a net loss
carryback as provided by | 17 |
| Section 207 of the Illinois Income Tax Act, the
date of | 18 |
| overpayment shall be the last day of the taxable year in which | 19 |
| the
loss was incurred.
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| (e) Interest on erroneous refunds. Any portion of the tax | 21 |
| imposed by an
Act to which this Act is applicable or any | 22 |
| interest or penalty which has
been erroneously refunded and | 23 |
| which is recoverable by the Department shall
bear interest from | 24 |
| the date of payment of the refund. However, no interest
will be | 25 |
| charged if the erroneous refund is for an amount less than $500 | 26 |
| and
is due to a mistake of the Department.
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| (f) If a taxpayer has a tax liability for the taxable | 2 |
| period ending after June 30,
1983 and prior to July 1, 2002 | 3 |
| that is eligible for amnesty under
the Tax Delinquency Amnesty | 4 |
| Act and the taxpayer fails to satisfy the tax
liability during | 5 |
| the amnesty period provided for in that Act for that taxable | 6 |
| period , then the interest
charged by the Department under this | 7 |
| Section shall be
imposed at a rate that is 200% of the rate | 8 |
| that would otherwise be imposed
under this Section.
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| (g) If a taxpayer has a tax liability for the taxable | 10 |
| period ending after June 30, 2002 and prior to July 1, 2009 | 11 |
| that is eligible for amnesty under the
Tax Delinquency Amnesty | 12 |
| Act, except for any tax liability reported pursuant to Section | 13 |
| 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that | 14 |
| is not final, and the taxpayer fails to satisfy the tax | 15 |
| liability
during the amnesty period provided for in that Act | 16 |
| for that taxable period, then the interest charged by
the | 17 |
| Department under this Section shall be imposed in an amount | 18 |
| that is 200% of
the amount that would otherwise be imposed | 19 |
| under this Section. | 20 |
| (h) No interest shall be paid to a taxpayer on any refund | 21 |
| allowed under Section 15 of the Tax Delinquency Amnesty Act. | 22 |
| (Source: P.A. 95-331, eff. 8-21-07.)
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| (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
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| Sec. 3-3. Penalty for failure to file or pay.
| 25 |
| (a) This subsection (a) is applicable before January 1, |
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| 1996. A penalty
of 5% of the tax required to be shown due on a | 2 |
| return shall be
imposed for failure to file the tax return on | 3 |
| or before the due date prescribed
for filing determined with | 4 |
| regard for any extension of time for filing
(penalty
for late | 5 |
| filing or nonfiling). If any unprocessable return is corrected | 6 |
| and
filed within 21 days after notice by the Department, the | 7 |
| late filing or
nonfiling penalty shall not apply. If a penalty | 8 |
| for late filing or nonfiling
is imposed in addition to a | 9 |
| penalty for late payment, the total penalty due
shall be the | 10 |
| sum of the late filing penalty and the applicable late payment
| 11 |
| penalty.
Beginning on the effective date of this amendatory Act | 12 |
| of 1995, in the case
of any type of tax return required to be | 13 |
| filed more frequently
than annually, when the failure to file | 14 |
| the tax return on or before the
date prescribed for filing | 15 |
| (including any extensions) is shown to be
nonfraudulent and has | 16 |
| not occurred in the 2 years immediately preceding the
failure | 17 |
| to file on the prescribed due date, the penalty imposed by | 18 |
| Section
3-3(a) shall be abated.
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| (a-5) This subsection (a-5) is applicable to returns due on | 20 |
| and after
January 1, 1996 and on or before December 31, 2000.
A | 21 |
| penalty equal to 2% of
the tax required to be shown due on a | 22 |
| return, up to a maximum amount of $250,
determined without | 23 |
| regard to any part of the tax that is paid on time or by any
| 24 |
| credit that was properly allowable on the date the return was | 25 |
| required to be
filed, shall be
imposed for failure to file the | 26 |
| tax return on or before the due date prescribed
for filing |
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| determined with regard for any extension of time for filing.
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| However, if any return is not filed within 30 days after notice | 3 |
| of nonfiling
mailed by the Department to the last known address | 4 |
| of the taxpayer contained in
Department records, an additional | 5 |
| penalty amount shall be imposed equal to the
greater of $250 or | 6 |
| 2% of the tax shown on the return. However, the additional
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| penalty amount may not exceed $5,000 and is determined without | 8 |
| regard to any
part of the tax that is paid on time or by any | 9 |
| credit that was properly
allowable on the date the return was | 10 |
| required to be filed (penalty
for late filing or nonfiling). If | 11 |
| any unprocessable return is corrected and
filed within 30 days | 12 |
| after notice by the Department, the late filing or
nonfiling | 13 |
| penalty shall not apply. If a penalty for late filing or | 14 |
| nonfiling
is imposed in addition to a penalty for late payment, | 15 |
| the total penalty due
shall be the sum of the late filing | 16 |
| penalty and the applicable late payment
penalty.
In the case of | 17 |
| any type of tax return required to be filed more frequently
| 18 |
| than annually, when the failure to file the tax return on or | 19 |
| before the
date prescribed for filing (including any | 20 |
| extensions) is shown to be
nonfraudulent and has not occurred | 21 |
| in the 2 years immediately preceding the
failure to file on the | 22 |
| prescribed due date, the penalty imposed by Section
3-3(a-5) | 23 |
| shall be abated.
| 24 |
| (a-10) This subsection (a-10) is applicable to returns due | 25 |
| on and after
January 1, 2001.
A penalty equal to 2% of
the tax | 26 |
| required to be shown due on a return, up to a maximum amount of |
|
|
|
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| 1 |
| $250,
reduced by any tax that is
paid on time or by any
credit | 2 |
| that was properly allowable on the date the return was required | 3 |
| to be
filed, shall be
imposed for failure to file the tax | 4 |
| return on or before the due date prescribed
for filing | 5 |
| determined with regard for any extension of time for filing.
| 6 |
| However, if any return is not filed within 30 days after notice | 7 |
| of nonfiling
mailed by the Department to the last known address | 8 |
| of the taxpayer contained in
Department records, an additional | 9 |
| penalty amount shall be imposed equal to the
greater of $250 or | 10 |
| 2% of the tax shown on the return. However, the additional
| 11 |
| penalty amount may not exceed $5,000 and is determined without | 12 |
| regard to any
part of the tax that is paid on time or by any | 13 |
| credit that was properly
allowable on the date the return was | 14 |
| required to be filed (penalty
for late filing or nonfiling). If | 15 |
| any unprocessable return is corrected and
filed within 30 days | 16 |
| after notice by the Department, the late filing or
nonfiling | 17 |
| penalty shall not apply. If a penalty for late filing or | 18 |
| nonfiling
is imposed in addition to a penalty for late payment, | 19 |
| the total penalty due
shall be the sum of the late filing | 20 |
| penalty and the applicable late payment
penalty.
In the case of | 21 |
| any type of tax return required to be filed more frequently
| 22 |
| than annually, when the failure to file the tax return on or | 23 |
| before the
date prescribed for filing (including any | 24 |
| extensions) is shown to be
nonfraudulent and has not occurred | 25 |
| in the 2 years immediately preceding the
failure to file on the | 26 |
| prescribed due date, the penalty imposed by Section
3-3(a-10) |
|
|
|
09600SB0377ham002 |
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| 1 |
| shall be abated.
| 2 |
| (b) This subsection is applicable before January 1, 1998.
A | 3 |
| penalty of 15% of the tax shown on the return or the tax | 4 |
| required to
be shown due on the return shall be imposed for | 5 |
| failure to pay:
| 6 |
| (1) the tax shown due on the return on or before the | 7 |
| due date prescribed
for payment of that tax, an amount of | 8 |
| underpayment of estimated tax, or an
amount that is | 9 |
| reported in an amended return other than an amended return
| 10 |
| timely filed as required by subsection (b) of Section 506 | 11 |
| of the Illinois
Income Tax Act (penalty for late payment or | 12 |
| nonpayment of admitted liability);
or
| 13 |
| (2) the full amount of any tax required to be shown due | 14 |
| on a
return and which is not shown (penalty for late | 15 |
| payment or nonpayment of
additional liability), within 30 | 16 |
| days after a notice of arithmetic error,
notice and demand, | 17 |
| or a final assessment is issued by the Department.
In the | 18 |
| case of a final assessment arising following a protest and | 19 |
| hearing,
the 30-day period shall not begin until all | 20 |
| proceedings in court for review of
the final assessment | 21 |
| have terminated or the period for obtaining a review has
| 22 |
| expired without proceedings for a review having been | 23 |
| instituted. In the case
of a notice of tax liability that | 24 |
| becomes a final assessment without a protest
and hearing, | 25 |
| the penalty provided in this paragraph (2) shall be imposed | 26 |
| at the
expiration of the period provided for the filing of |
|
|
|
09600SB0377ham002 |
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|
| 1 |
| a protest.
| 2 |
| (b-5) This subsection is applicable to returns due on and | 3 |
| after January
1, 1998 and on or before December 31, 2000.
A | 4 |
| penalty of 20% of the tax shown on the return or the tax | 5 |
| required to be
shown due on the return shall be imposed for | 6 |
| failure to
pay:
| 7 |
| (1) the tax shown due on the return on or before the | 8 |
| due date prescribed
for payment of that tax, an amount of | 9 |
| underpayment of estimated tax, or an
amount that is | 10 |
| reported in an amended return other than an amended return
| 11 |
| timely filed as required by subsection (b) of Section 506 | 12 |
| of the Illinois
Income Tax Act (penalty for late payment or | 13 |
| nonpayment of admitted liability);
or
| 14 |
| (2) the full amount of any tax required to be shown due | 15 |
| on a
return and which is not shown (penalty for late | 16 |
| payment or nonpayment of
additional liability), within 30 | 17 |
| days after a notice of arithmetic error,
notice and demand, | 18 |
| or a final assessment is issued by the Department.
In the | 19 |
| case of a final assessment arising following a protest and | 20 |
| hearing,
the 30-day period shall not begin until all | 21 |
| proceedings in court for review of
the final assessment | 22 |
| have terminated or the period for obtaining a review has
| 23 |
| expired without proceedings for a review having been | 24 |
| instituted. In the case
of a notice of tax liability that | 25 |
| becomes a final assessment without a protest
and hearing, | 26 |
| the penalty provided in this paragraph (2) shall be imposed |
|
|
|
09600SB0377ham002 |
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|
| 1 |
| at the
expiration of the period provided for the filing of | 2 |
| a protest.
| 3 |
| (b-10) This subsection (b-10) is applicable to returns due | 4 |
| on and after
January 1, 2001 and on or before December 31, | 5 |
| 2003. A penalty shall be
imposed for failure to pay:
| 6 |
| (1) the tax shown due on a return on or before the due | 7 |
| date prescribed for
payment of that tax, an amount of | 8 |
| underpayment of estimated tax, or an amount
that is | 9 |
| reported in an amended return other than an amended return | 10 |
| timely filed
as required by subsection (b) of Section 506 | 11 |
| of the Illinois Income Tax Act
(penalty for late payment or | 12 |
| nonpayment of admitted liability). The amount of
penalty | 13 |
| imposed under this subsection (b-10)(1) shall be 2% of any | 14 |
| amount that
is paid no later than 30 days after the due | 15 |
| date, 5% of any amount that is
paid later than 30 days | 16 |
| after the due date and not later than 90 days after
the due | 17 |
| date, 10% of any amount that is paid later than 90 days | 18 |
| after the due
date and not later than 180 days after the | 19 |
| due date, and 15% of any amount that
is paid later than 180 | 20 |
| days after the
due date.
If notice and demand is made for | 21 |
| the payment of any amount of tax due and if
the amount due | 22 |
| is paid within 30 days after the date of the notice and | 23 |
| demand,
then the penalty for late payment or nonpayment of | 24 |
| admitted liability under
this subsection (b-10)(1) on the | 25 |
| amount so paid shall not accrue for the period
after the | 26 |
| date of the notice and demand.
|
|
|
|
09600SB0377ham002 |
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|
| 1 |
| (2) the full amount of any tax required to be shown due | 2 |
| on a return and
that is not shown (penalty for late payment | 3 |
| or nonpayment of additional
liability), within 30 days | 4 |
| after a notice of arithmetic error, notice and
demand, or a | 5 |
| final assessment is issued by the Department. In the case | 6 |
| of a
final assessment arising following a protest and | 7 |
| hearing, the 30-day period
shall not begin until all | 8 |
| proceedings in court for review of the final
assessment | 9 |
| have terminated or the period for obtaining a review has | 10 |
| expired
without proceedings for a review having been | 11 |
| instituted. The amount of penalty
imposed under this | 12 |
| subsection (b-10)(2) shall be 20% of any amount that is not
| 13 |
| paid within the 30-day period. In the case of a notice of | 14 |
| tax liability that
becomes a final assessment without a | 15 |
| protest and hearing, the penalty provided
in this | 16 |
| subsection (b-10)(2) shall be imposed at the expiration of | 17 |
| the period
provided for the filing of a protest.
| 18 |
| (b-15) This subsection (b-15) is applicable to returns due | 19 |
| on and after
January 1, 2004 and on or before December 31, | 20 |
| 2004. A penalty shall be imposed for failure to pay the tax | 21 |
| shown due or
required to be shown due on a return on or before | 22 |
| the due date prescribed for
payment of that tax, an amount of | 23 |
| underpayment of estimated tax, or an amount
that is reported in | 24 |
| an amended return other than an amended return timely filed
as | 25 |
| required by subsection (b) of Section 506 of the Illinois | 26 |
| Income Tax Act
(penalty for late payment or nonpayment of |
|
|
|
09600SB0377ham002 |
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LRB096 06409 RCE 41344 a |
|
| 1 |
| admitted liability). The amount of
penalty imposed under this | 2 |
| subsection (b-15)(1) shall be 2% of any amount that
is paid no | 3 |
| later than 30 days after the due date, 10% of any amount that | 4 |
| is
paid later than 30 days after the due date and not later | 5 |
| than 90 days after the
due date, 15% of any amount that is paid | 6 |
| later than 90 days after the due date
and not later than 180 | 7 |
| days after the due date, and 20% of any amount that is
paid | 8 |
| later than 180 days after the due date. If notice and demand is | 9 |
| made for
the payment of any amount of tax due and if the amount | 10 |
| due is paid within 30
days after the date of this notice and | 11 |
| demand, then the penalty for late
payment or nonpayment of | 12 |
| admitted liability under this subsection (b-15)(1) on
the | 13 |
| amount so paid shall not accrue for the period after the date | 14 |
| of the notice
and demand.
| 15 |
| (b-20) This subsection (b-20) is applicable to returns due | 16 |
| on and after January 1, 2005. | 17 |
| (1) A penalty shall be imposed for failure to pay, | 18 |
| prior to the due date for payment, any amount of tax the | 19 |
| payment of which is required to be made prior to the filing | 20 |
| of a return or without a return (penalty for late payment | 21 |
| or nonpayment of estimated or accelerated tax). The amount | 22 |
| of penalty imposed under this paragraph (1) shall be 2% of | 23 |
| any amount that is paid no later than 30 days after the due | 24 |
| date and 10% of any amount that is paid later than 30 days | 25 |
| after the due date. | 26 |
| (2) A penalty shall be imposed for failure to pay the |
|
|
|
09600SB0377ham002 |
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| 1 |
| tax shown due or required to be shown due on a return on or | 2 |
| before the due date prescribed for payment of that tax or | 3 |
| an amount that is reported in an amended return other than | 4 |
| an amended return timely filed as required by subsection | 5 |
| (b) of Section 506 of the Illinois Income Tax Act (penalty | 6 |
| for late payment or nonpayment of tax). The amount of | 7 |
| penalty imposed under this paragraph (2) shall be 2% of any | 8 |
| amount that is paid no later than 30 days after the due | 9 |
| date, 10% of any amount that is paid later than 30 days | 10 |
| after the due date and prior to the date the Department has | 11 |
| initiated an audit or investigation of the taxpayer, and | 12 |
| 20% of any amount that is paid after the date the | 13 |
| Department has initiated an audit or investigation of the | 14 |
| taxpayer; provided that the penalty shall be reduced to 15% | 15 |
| if the entire amount due is paid not later than 30 days | 16 |
| after the Department has provided the taxpayer with an | 17 |
| amended return (following completion of an occupation, | 18 |
| use, or excise tax audit) or a form for waiver of | 19 |
| restrictions on assessment (following completion of an | 20 |
| income tax audit); provided further that the reduction to | 21 |
| 15% shall be rescinded if the taxpayer makes any claim for | 22 |
| refund or credit of the tax, penalties, or interest | 23 |
| determined to be due upon audit, except in the case of a | 24 |
| claim filed pursuant to subsection (b) of Section 506 of | 25 |
| the Illinois Income Tax Act or to claim a carryover of a | 26 |
| loss or credit, the availability of which was not |
|
|
|
09600SB0377ham002 |
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|
| 1 |
| determined in the audit. For purposes of this paragraph | 2 |
| (2), any overpayment reported on an original return that | 3 |
| has been allowed as a refund or credit to the taxpayer | 4 |
| shall be deemed to have not been paid on or before the due | 5 |
| date for payment and any amount paid under protest pursuant | 6 |
| to the provisions of the State Officers and Employees Money | 7 |
| Disposition Act shall be deemed to have been paid after the | 8 |
| Department has initiated an audit and more than 30 days | 9 |
| after the Department has provided the taxpayer with an | 10 |
| amended return (following completion of an occupation, | 11 |
| use, or excise tax audit) or a form for waiver of | 12 |
| restrictions on assessment (following completion of an | 13 |
| income tax audit). | 14 |
| (3) The penalty imposed under this subsection (b-20) | 15 |
| shall be deemed assessed at the time the tax upon which the | 16 |
| penalty is computed is assessed, except that, if the | 17 |
| reduction of the penalty imposed under paragraph (2) of | 18 |
| this subsection (b-20) to 15% is rescinded because a claim | 19 |
| for refund or credit has been filed, the increase in | 20 |
| penalty shall be deemed assessed at the time the claim for | 21 |
| refund or credit is filed.
| 22 |
| (c) For purposes of the late payment penalties, the basis | 23 |
| of the penalty
shall be the tax shown or required to be shown | 24 |
| on a return, whichever is
applicable, reduced by any part of | 25 |
| the tax which is paid on time and by any
credit which was | 26 |
| properly allowable on the date the return was required to
be |
|
|
|
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LRB096 06409 RCE 41344 a |
|
| 1 |
| filed.
| 2 |
| (d) A penalty shall be applied to the tax required to be | 3 |
| shown even if
that amount is less than the tax shown on the | 4 |
| return.
| 5 |
| (e) This subsection (e) is applicable to returns due before | 6 |
| January 1,
2001.
If both a subsection (b)(1) or (b-5)(1) | 7 |
| penalty and a subsection (b)(2)
or (b-5)(2) penalty are | 8 |
| assessed against the same return, the subsection
(b)(2) or | 9 |
| (b-5)(2) penalty shall
be assessed against only the additional | 10 |
| tax found to be due.
| 11 |
| (e-5) This subsection (e-5) is applicable to returns due on | 12 |
| and after
January 1, 2001.
If both a subsection (b-10)(1) | 13 |
| penalty and a subsection
(b-10)(2) penalty are assessed against | 14 |
| the same return,
the subsection (b-10)(2) penalty shall be | 15 |
| assessed against
only the additional tax found to be due.
| 16 |
| (f) If the taxpayer has failed to file the return, the | 17 |
| Department shall
determine the correct tax according to its | 18 |
| best judgment and information,
which amount shall be prima | 19 |
| facie evidence of the correctness of the tax due.
| 20 |
| (g) The time within which to file a return or pay an amount | 21 |
| of tax due
without imposition of a penalty does not extend the | 22 |
| time within which to
file a protest to a notice of tax | 23 |
| liability or a notice of deficiency.
| 24 |
| (h) No return shall be determined to be unprocessable | 25 |
| because of the
omission of any information requested on the | 26 |
| return pursuant to Section
2505-575
of the Department of |
|
|
|
09600SB0377ham002 |
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LRB096 06409 RCE 41344 a |
|
| 1 |
| Revenue Law (20 ILCS 2505/2505-575).
| 2 |
| (i) If a taxpayer has a tax liability for the taxable | 3 |
| period ending after June 30,
1983 and prior to July 1, 2002 | 4 |
| that is eligible for amnesty under the
Tax Delinquency Amnesty | 5 |
| Act and the taxpayer fails to satisfy the tax liability
during | 6 |
| the amnesty period provided for in that Act for that taxable | 7 |
| period , then the penalty imposed by
the Department under this | 8 |
| Section shall be imposed in an amount that is 200% of
the | 9 |
| amount that would otherwise be imposed under this Section.
| 10 |
| (j) If a taxpayer has a tax liability for the taxable | 11 |
| period ending after June 30, 2002 and prior to July 1, 2009 | 12 |
| that is eligible for amnesty under the
Tax Delinquency Amnesty | 13 |
| Act, except for any tax liability reported pursuant to Section | 14 |
| 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that | 15 |
| is not final, and the taxpayer fails to satisfy the tax | 16 |
| liability
during the amnesty period provided for in that Act | 17 |
| for that taxable period, then the penalty imposed by
the | 18 |
| Department under this Section shall be imposed in an amount | 19 |
| that is 200% of
the amount that would otherwise be imposed | 20 |
| under this Section. | 21 |
| (Source: P.A. 92-742, eff. 7-25-02; 93-26, eff. 6-20-03; 93-32, | 22 |
| eff. 6-20-03; 93-1068, eff. 1-15-05.)
| 23 |
| (35 ILCS 735/3-4) (from Ch. 120, par. 2603-4)
| 24 |
| Sec. 3-4. Penalty for failure to file correct information | 25 |
| returns.
|
|
|
|
09600SB0377ham002 |
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LRB096 06409 RCE 41344 a |
|
| 1 |
| (a) Failure to file correct information returns - | 2 |
| imposition of penalty.
| 3 |
| (1) In general. Unless otherwise provided in a tax Act, | 4 |
| in the case of a
failure described in paragraph (2) of this | 5 |
| subsection (a) by any person
with respect to an information | 6 |
| return, that person shall pay a penalty of
$5 for each | 7 |
| return or statement with respect to which the failure | 8 |
| occurs,
but the total amount imposed on that person for all | 9 |
| such failures during
any calendar year shall not exceed | 10 |
| $25,000.
| 11 |
| (2) Failures subject to penalty. The following | 12 |
| failures are subject to
the penalty imposed in paragraph | 13 |
| (1) of this subsection (a):
| 14 |
| (A) any failure to file an information return with | 15 |
| the Department on or
before the required filing date, | 16 |
| or
| 17 |
| (B) any failure to include all of the information | 18 |
| required to be shown
on the return or the inclusion of | 19 |
| incorrect information.
| 20 |
| (b) Reduction where correction in specified period.
| 21 |
| (1) Correction within 60 days. If any failure described | 22 |
| in subsection
(a) (2) is corrected within 60 days after the | 23 |
| required filing date:
| 24 |
| (A) the penalty imposed by subsection (a) shall be | 25 |
| reduced by 50%; and
| 26 |
| (B) the total amount imposed on the person for all |
|
|
|
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LRB096 06409 RCE 41344 a |
|
| 1 |
| such failures during
any calendar year which are so | 2 |
| corrected shall not exceed 50% of the
maximum | 3 |
| prescribed in subsection (a) (1).
| 4 |
| (c) Information return defined. An information return is | 5 |
| any tax return
required by a tax Act to be filed with the | 6 |
| Department that does not, by law,
require the payment of a tax | 7 |
| liability.
| 8 |
| (d) If a taxpayer has a tax liability for the taxable | 9 |
| period ending after June 30,
1983 and prior to July 1, 2002 | 10 |
| that is eligible for amnesty under
the Tax Delinquency Amnesty | 11 |
| Act and the taxpayer fails to satisfy the tax
liability during | 12 |
| the amnesty period provided for in that Act for that taxable | 13 |
| period , then the penalty
imposed by the Department under this | 14 |
| Section shall be
imposed in an amount that is 200% of the | 15 |
| amount that would otherwise be imposed
under this Section.
| 16 |
| (e) If a taxpayer has a tax liability for the taxable | 17 |
| period ending after June 30, 2002 and prior to July 1, 2009 | 18 |
| that is eligible for amnesty under the
Tax Delinquency Amnesty | 19 |
| Act, except for any tax liability reported pursuant to Section | 20 |
| 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that | 21 |
| is not final, and the taxpayer fails to satisfy the tax | 22 |
| liability
during the amnesty period provided for in that Act | 23 |
| for that taxable period, then the penalty imposed by
the | 24 |
| Department under this Section shall be imposed in an amount | 25 |
| that is 200% of
the amount that would otherwise be imposed | 26 |
| under this Section. |
|
|
|
09600SB0377ham002 |
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LRB096 06409 RCE 41344 a |
|
| 1 |
| (Source: P.A. 93-26, eff. 6-20-03.)
| 2 |
| (35 ILCS 735/3-5) (from Ch. 120, par. 2603-5)
| 3 |
| Sec. 3-5. Penalty for negligence.
| 4 |
| (a) If any return or amended return is prepared | 5 |
| negligently, but without
intent to defraud, and filed, in | 6 |
| addition to any penalty imposed under
Section 3-3 of this Act, | 7 |
| a penalty shall be imposed in an amount equal to
20% of any | 8 |
| resulting deficiency.
| 9 |
| (b) Negligence includes any failure to make a reasonable | 10 |
| attempt to
comply with the provisions of any tax Act and | 11 |
| includes careless, reckless,
or intentional disregard of the | 12 |
| law or regulations.
| 13 |
| (c) No penalty shall be imposed under this Section
if it is | 14 |
| shown that failure to comply with the tax Act is due to | 15 |
| reasonable
cause. A taxpayer is not negligent if the taxpayer | 16 |
| shows substantial authority
to support the return as filed.
| 17 |
| (d) If a taxpayer has a tax liability for the taxable | 18 |
| period ending after June 30,
1983 and prior to July 1, 2002 | 19 |
| that is eligible for amnesty under
the Tax Delinquency Amnesty | 20 |
| Act and the taxpayer fails to satisfy the tax
liability during | 21 |
| the amnesty period provided for in that Act for that taxable | 22 |
| period , then the penalty
imposed by the Department shall be | 23 |
| imposed in an amount
that is 200% of the amount that would | 24 |
| otherwise be imposed in accordance with
this Section.
| 25 |
| (e) If a taxpayer has a tax liability for the taxable |
|
|
|
09600SB0377ham002 |
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LRB096 06409 RCE 41344 a |
|
| 1 |
| period ending after June 30, 2002 and prior to July 1, 2009 | 2 |
| that is eligible for amnesty under the
Tax Delinquency Amnesty | 3 |
| Act, except for any tax liability reported pursuant to Section | 4 |
| 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that | 5 |
| is not final, and the taxpayer fails to satisfy the tax | 6 |
| liability
during the amnesty period provided for in that Act | 7 |
| for that taxable period, then the penalty imposed by
the | 8 |
| Department under this Section shall be imposed in an amount | 9 |
| that is 200% of
the amount that would otherwise be imposed | 10 |
| under this Section. | 11 |
| (Source: P.A. 93-26, eff. 6-20-03.)
| 12 |
| (35 ILCS 735/3-6) (from Ch. 120, par. 2603-6)
| 13 |
| Sec. 3-6. Penalty for fraud.
| 14 |
| (a) If any return or amended return is filed with intent to | 15 |
| defraud, in
addition to any penalty imposed under Section 3-3 | 16 |
| of this Act, a penalty
shall be imposed in an amount equal to | 17 |
| 50% of any resulting deficiency.
| 18 |
| (b) If any claim is filed with intent to defraud, a penalty | 19 |
| shall be
imposed in an amount equal to 50% of the amount | 20 |
| fraudulently claimed for
credit or refund.
| 21 |
| (c) If a taxpayer has a tax liability for the taxable | 22 |
| period ending after June 30,
1983 and prior to July 1, 2002 | 23 |
| that is eligible for amnesty under
the Tax Delinquency Amnesty | 24 |
| Act and the taxpayer fails to satisfy the tax
liability during | 25 |
| the amnesty period provided for in that Act for that taxable |
|
|
|
09600SB0377ham002 |
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LRB096 06409 RCE 41344 a |
|
| 1 |
| period , then the penalty
imposed by the Department under this | 2 |
| Section shall be imposed in an amount that
is 200% of the | 3 |
| amount that would otherwise be imposed under this Section.
| 4 |
| (d) If a taxpayer has a tax liability for the taxable | 5 |
| period ending after June 30, 2002 and prior to July 1, 2009 | 6 |
| that is eligible for amnesty under the
Tax Delinquency Amnesty | 7 |
| Act, except for any tax liability reported pursuant to Section | 8 |
| 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that | 9 |
| is not final, and the taxpayer fails to satisfy the tax | 10 |
| liability
during the amnesty period provided for in that Act | 11 |
| for that taxable period, then the penalty imposed by
the | 12 |
| Department under this Section shall be imposed in an amount | 13 |
| that is 200% of
the amount that would otherwise be imposed | 14 |
| under this Section. | 15 |
| (Source: P.A. 93-26, eff. 6-20-03.)
| 16 |
| (35 ILCS 735/3-7.5)
| 17 |
| Sec. 3-7.5. Bad check penalty.
| 18 |
| (a) In addition to any other penalty provided
in this Act, | 19 |
| a penalty of $25 shall be imposed on any person who issues a | 20 |
| check
or other draft to the Department that is not honored upon | 21 |
| presentment. The
penalty imposed under this Section shall be | 22 |
| deemed assessed at the time of
presentment of the check or | 23 |
| other draft and shall be treated for all purposes,
including | 24 |
| collection and allocation, as part of the tax or other | 25 |
| liability for
which the check or other draft represented |
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LRB096 06409 RCE 41344 a |
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| 1 |
| payment.
| 2 |
| (b) If a taxpayer has a tax liability for the taxable | 3 |
| period ending after June 30,
1983 and prior to July 1, 2002 | 4 |
| that is eligible for amnesty under
the Tax Delinquency Amnesty | 5 |
| Act and the taxpayer fails to satisfy the tax
liability during | 6 |
| the amnesty period provided for in that Act for that taxable | 7 |
| period , then the penalty
imposed by the Department under this | 8 |
| Section shall be imposed in an amount that
is 200% of the | 9 |
| amount that would otherwise be imposed under this Section.
| 10 |
| (c) If a taxpayer has a tax liability for the taxable | 11 |
| period ending after June 30, 2002 and prior to July 1, 2009 | 12 |
| that is eligible for amnesty under the
Tax Delinquency Amnesty | 13 |
| Act, except for any tax liability reported pursuant to Section | 14 |
| 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that | 15 |
| is not final, and the taxpayer fails to satisfy the tax | 16 |
| liability
during the amnesty period provided for in that Act | 17 |
| for that taxable period, then the penalty imposed by
the | 18 |
| Department under this Section shall be imposed in an amount | 19 |
| that is 200% of
the amount that would otherwise be imposed | 20 |
| under this Section. | 21 |
| (Source: P.A. 93-26, eff. 6-20-03.)
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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|