Bill Amendment: IL SB1608 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: UPIA-FAILURE TO FILE

Status: 2015-08-10 - Public Act . . . . . . . . . 99-0335 [SB1608 Detail]

Download: Illinois-2015-SB1608-House_Amendment_001.html

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Rep. Barbara Flynn Currie

Filed: 5/30/2015

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AMENDMENT TO SENATE BILL 1608
AMENDMENT NO. ______. Amend Senate Bill 1608 by replacing
everything after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by changing
Section 18-155 and by adding Section 18-156 as follows:
(35 ILCS 200/18-155)
Sec. 18-155. Apportionment of taxes for district in two or
more counties. The burden of taxation of property in taxing
districts that lie in more than one county shall be fairly
apportioned as provided in Article IX, Section 7, of the
Constitution of 1970.
The Department may, and on written request made before July
1 to the Department shall, proceed to apportion the tax burden.
The request may be made only by an assessor, chief county
assessment officer, Board of Review, Board of Appeals,
overlapping taxing district or 25 or more interested taxpayers.

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The request shall specify one or more taxing districts in the
county which lie in one or more other specified counties, and
also specify the civil townships, if any, in which the
overlapping taxing districts lie. When the Department has
received a written request for equalization for overlapping tax
districts as provided in this Section, the Department shall
promptly notify the county clerk and county treasurer of each
county affected by that request that tax bills with respect to
property in the parts of the county which are affected by the
request may not be prepared or mailed until the Department
certifies the apportionment among counties of the taxing
districts' levies, except as provided in subsection (c) of this
Section. To apportion, the Department shall:
(a) On or before December 31 of that year cause an
assessment ratio study to be made in each township in which
each of the named overlapping taxing districts lies, using
equalized assessed values as certified by the county clerk, and
an analysis of property transfers prior to January 1 of that
year. The property transfers shall be in an amount deemed
reasonable and proper by the Department. The Department may
conduct hearings, at which the evidence shall be limited to the
written presentation of assessment ratio study data.
(b) Request from the County Clerk in each County in which
the overlapping taxing districts lie, certification of the
portion of the assessed value of the prior year for each
overlapping taxing district's portion of each township.

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Beginning with the 1999 taxable year, for those counties that
classify property by county ordinance pursuant to subsection
(b) of Section 4 of Article IX of the Illinois Constitution,
the certification shall be listed by property class as provided
in the classification ordinance. The clerk shall return the
certification within 30 days of receipt of the request.
(c) Use the township assessment ratio studies to apportion
the amount to be raised by taxation upon property within the
district so that each county in which the district lies bears
that burden of taxation as though all parts of the overlapping
taxing district had been assessed at the same proportion of
actual value. The Department shall certify to each County
Clerk, by March 15, the percent of burden. Except as provided
below, the County Clerk shall apply the percentage to the
extension as provided in Section 18-45 to determine the amount
of tax to be raised in the county.
If the Department does not certify the percent of burden in
the time prescribed, the county clerk shall use the most recent
prior certification to determine the amount of tax to be raised
in the county.
If the use of a prior certified percentage results in over
or under extension for the overlapping taxing district in the
county using same, the county clerk shall make appropriate
adjustments in the subsequent year, except as provided by
Section 18-156. Any adjustments necessitated by the procedure
authorized by this Section shall be made by increasing or

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decreasing the tax extension by fund for each taxing district
where a prior certified percentage was used. No tax rate limit
shall render any part of a tax levy illegally excessive which
has been apportioned as herein provided. The percentages
certified by the Department shall remain until changed by
reason of another assessment ratio study made under this
Section.
To determine whether an overlapping district has met any
qualifying rate prescribed by law for eligibility for State
aid, the tax rate of the district shall be considered to be
that rate which would have produced the same amount of revenue
had the taxes of the district been extended at a uniform rate
throughout the district, even if by application of this Section
the actual rate of extension in a portion of the district is
less than the qualifying rate.
(Source: P.A. 90-594, eff. 6-24-98.)
(35 ILCS 200/18-156 new)
Sec. 18-156. Correction of apportionment of taxes for a
district in 2 or more counties.
(a) Definitions. For the purposes of this Section, these
definitions shall apply:
"Apportioned property tax levy" means the total property
tax extension of a taxing district in one or more counties that
has been apportioned by the Department pursuant to Section
18-155.

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"Over-apportionment" means that any single county's share
of an apportioned property tax levy is subsequently determined
to exceed 105% of what that county's share should have been.
(b) If, subsequent to the calculation of an apportioned
property tax levy, the Department determines that an
over-apportionment has taken place, the Department shall
notify the county clerk and county treasurer of each county
affected by the incorrect apportionment and shall provide those
county clerks and county treasurers with correct apportionment
data.
(c) If the notification under this Section is made prior to
the due date of the final installment of property tax payments
for that taxable year, the county treasurer of a county where
an over-apportionment has taken place may, at the treasurer's
sole discretion, issue a refund of the over-apportioned amount
by either a reduced final installment, a refund of taxes paid,
or both, to each taxpayer who is entitled to a refund because
of the over-apportionment. Additionally, if the treasurer of
the county where an over-apportionment has taken place issues a
refund under this subsection, the county treasurer of each
other county affected by the incorrect apportionment shall
issue a corrected final installment or an additional bill for
the amount owed as a result of the under-apportionment of that
county's share of the property tax levy to each taxpayer whose
taxes were underpaid as a result of the apportionment error.
(d) Any refund issued under subsection (c) due to any

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over-apportionment may be made from funds held by the county
treasurer for the specific taxing district that was the subject
of the over-apportionment; once those funds have been disbursed
to the taxing districts, the authority of the county treasurer
to issue refunds under subsection (c) ends.
(e) This Section applies for taxable year 2015 and
thereafter.
Section 10. The Uniform Penalty and Interest Act is amended
by changing Section 3-3 as follows:
(35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
Sec. 3-3. Penalty for failure to file or pay.
(a) This subsection (a) is applicable before January 1,
1996. A penalty of 5% of the tax required to be shown due on a
return shall be imposed for failure to file the tax return on
or before the due date prescribed for filing determined with
regard for any extension of time for filing (penalty for late
filing or nonfiling). If any unprocessable return is corrected
and filed within 21 days after notice by the Department, the
late filing or nonfiling penalty shall not apply. If a penalty
for late filing or nonfiling is imposed in addition to a
penalty for late payment, the total penalty due shall be the
sum of the late filing penalty and the applicable late payment
penalty. Beginning on the effective date of this amendatory Act
of 1995, in the case of any type of tax return required to be

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filed more frequently than annually, when the failure to file
the tax return on or before the date prescribed for filing
(including any extensions) is shown to be nonfraudulent and has
not occurred in the 2 years immediately preceding the failure
to file on the prescribed due date, the penalty imposed by
Section 3-3(a) shall be abated.
(a-5) This subsection (a-5) is applicable to returns due on
and after January 1, 1996 and on or before December 31, 2000. A
penalty equal to 2% of the tax required to be shown due on a
return, up to a maximum amount of $250, determined without
regard to any part of the tax that is paid on time or by any
credit that was properly allowable on the date the return was
required to be filed, shall be imposed for failure to file the
tax return on or before the due date prescribed for filing
determined with regard for any extension of time for filing.
However, if any return is not filed within 30 days after notice
of nonfiling mailed by the Department to the last known address
of the taxpayer contained in Department records, an additional
penalty amount shall be imposed equal to the greater of $250 or
2% of the tax shown on the return. However, the additional
penalty amount may not exceed $5,000 and is determined without
regard to any part of the tax that is paid on time or by any
credit that was properly allowable on the date the return was
required to be filed (penalty for late filing or nonfiling). If
any unprocessable return is corrected and filed within 30 days
after notice by the Department, the late filing or nonfiling

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penalty shall not apply. If a penalty for late filing or
nonfiling is imposed in addition to a penalty for late payment,
the total penalty due shall be the sum of the late filing
penalty and the applicable late payment penalty. In the case of
any type of tax return required to be filed more frequently
than annually, when the failure to file the tax return on or
before the date prescribed for filing (including any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to file on the
prescribed due date, the penalty imposed by Section 3-3(a-5)
shall be abated.
(a-10) This subsection (a-10) is applicable to returns due
on and after January 1, 2001. A penalty equal to 2% of the tax
required to be shown due on a return, up to a maximum amount of
$250, reduced by any tax that is paid on time or by any credit
that was properly allowable on the date the return was required
to be filed, shall be imposed for failure to file the tax
return on or before the due date prescribed for filing
determined with regard for any extension of time for filing.
However, if any return is not filed within 30 days after notice
of nonfiling mailed by the Department to the last known address
of the taxpayer contained in Department records, an additional
penalty amount shall be imposed equal to the greater of $250 or
2% of the tax shown on the return. However, the additional
penalty amount may not exceed $5,000 and is determined without
regard to any part of the tax that is paid on time or by any

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credit that was properly allowable on the date the return was
required to be filed (penalty for late filing or nonfiling). If
any unprocessable return is corrected and filed within 30 days
after notice by the Department, the late filing or nonfiling
penalty shall not apply. If a penalty for late filing or
nonfiling is imposed in addition to a penalty for late payment,
the total penalty due shall be the sum of the late filing
penalty and the applicable late payment penalty. In the case of
any type of tax return required to be filed more frequently
than annually, when the failure to file the tax return on or
before the date prescribed for filing (including any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to file on the
prescribed due date, the penalty imposed by this subsection
(a-10) Section 3-3(a-10) shall be abated. This subsection
(a-10) does not apply to transaction reporting returns required
by Section 3 of the Retailers' Occupation Tax Act and Section 9
of the Use Tax Act that would not, when properly prepared and
filed, result in the imposition of a tax; however, those
returns are subject to the penalty set forth in subsection
(a-15).
(a-15) A In addition to any other penalties imposed by law
for the failure to file a return, a penalty of $100 shall be
imposed for failure to file a transaction reporting return
required by Section 3 of the Retailers' Occupation Tax Act and
Section 9 of the Use Tax Act on or before the date a return is

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required to be filed; provided, however, that this . This
penalty shall be imposed only if regardless of whether the
return when properly prepared and filed would not result in the
imposition of a tax. If such a transaction reporting return
would result in the imposition of a tax when properly prepared
and filed, then that return is subject to the provisions of
subsection (a-10).
(b) This subsection is applicable before January 1, 1998. A
penalty of 15% of the tax shown on the return or the tax
required to be shown due on the return shall be imposed for
failure to pay:
(1) the tax shown due on the return on or before the
due date prescribed for payment of that tax, an amount of
underpayment of estimated tax, or an amount that is
reported in an amended return other than an amended return
timely filed as required by subsection (b) of Section 506
of the Illinois Income Tax Act (penalty for late payment or
nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown due
on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and demand,
or a final assessment is issued by the Department. In the
case of a final assessment arising following a protest and
hearing, the 30-day period shall not begin until all
proceedings in court for review of the final assessment

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have terminated or the period for obtaining a review has
expired without proceedings for a review having been
instituted. In the case of a notice of tax liability that
becomes a final assessment without a protest and hearing,
the penalty provided in this paragraph (2) shall be imposed
at the expiration of the period provided for the filing of
a protest.
(b-5) This subsection is applicable to returns due on and
after January 1, 1998 and on or before December 31, 2000. A
penalty of 20% of the tax shown on the return or the tax
required to be shown due on the return shall be imposed for
failure to pay:
(1) the tax shown due on the return on or before the
due date prescribed for payment of that tax, an amount of
underpayment of estimated tax, or an amount that is
reported in an amended return other than an amended return
timely filed as required by subsection (b) of Section 506
of the Illinois Income Tax Act (penalty for late payment or
nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown due
on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and demand,
or a final assessment is issued by the Department. In the
case of a final assessment arising following a protest and
hearing, the 30-day period shall not begin until all

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proceedings in court for review of the final assessment
have terminated or the period for obtaining a review has
expired without proceedings for a review having been
instituted. In the case of a notice of tax liability that
becomes a final assessment without a protest and hearing,
the penalty provided in this paragraph (2) shall be imposed
at the expiration of the period provided for the filing of
a protest.
(b-10) This subsection (b-10) is applicable to returns due
on and after January 1, 2001 and on or before December 31,
2003. A penalty shall be imposed for failure to pay:
(1) the tax shown due on a return on or before the due
date prescribed for payment of that tax, an amount of
underpayment of estimated tax, or an amount that is
reported in an amended return other than an amended return
timely filed as required by subsection (b) of Section 506
of the Illinois Income Tax Act (penalty for late payment or
nonpayment of admitted liability). The amount of penalty
imposed under this subsection (b-10)(1) shall be 2% of any
amount that is paid no later than 30 days after the due
date, 5% of any amount that is paid later than 30 days
after the due date and not later than 90 days after the due
date, 10% of any amount that is paid later than 90 days
after the due date and not later than 180 days after the
due date, and 15% of any amount that is paid later than 180
days after the due date. If notice and demand is made for

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the payment of any amount of tax due and if the amount due
is paid within 30 days after the date of the notice and
demand, then the penalty for late payment or nonpayment of
admitted liability under this subsection (b-10)(1) on the
amount so paid shall not accrue for the period after the
date of the notice and demand.
(2) the full amount of any tax required to be shown due
on a return and that is not shown (penalty for late payment
or nonpayment of additional liability), within 30 days
after a notice of arithmetic error, notice and demand, or a
final assessment is issued by the Department. In the case
of a final assessment arising following a protest and
hearing, the 30-day period shall not begin until all
proceedings in court for review of the final assessment
have terminated or the period for obtaining a review has
expired without proceedings for a review having been
instituted. The amount of penalty imposed under this
subsection (b-10)(2) shall be 20% of any amount that is not
paid within the 30-day period. In the case of a notice of
tax liability that becomes a final assessment without a
protest and hearing, the penalty provided in this
subsection (b-10)(2) shall be imposed at the expiration of
the period provided for the filing of a protest.
(b-15) This subsection (b-15) is applicable to returns due
on and after January 1, 2004 and on or before December 31,
2004. A penalty shall be imposed for failure to pay the tax

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shown due or required to be shown due on a return on or before
the due date prescribed for payment of that tax, an amount of
underpayment of estimated tax, or an amount that is reported in
an amended return other than an amended return timely filed as
required by subsection (b) of Section 506 of the Illinois
Income Tax Act (penalty for late payment or nonpayment of
admitted liability). The amount of penalty imposed under this
subsection (b-15)(1) shall be 2% of any amount that is paid no
later than 30 days after the due date, 10% of any amount that
is paid later than 30 days after the due date and not later
than 90 days after the due date, 15% of any amount that is paid
later than 90 days after the due date and not later than 180
days after the due date, and 20% of any amount that is paid
later than 180 days after the due date. If notice and demand is
made for the payment of any amount of tax due and if the amount
due is paid within 30 days after the date of this notice and
demand, then the penalty for late payment or nonpayment of
admitted liability under this subsection (b-15)(1) on the
amount so paid shall not accrue for the period after the date
of the notice and demand.
(b-20) This subsection (b-20) is applicable to returns due
on and after January 1, 2005.
(1) A penalty shall be imposed for failure to pay,
prior to the due date for payment, any amount of tax the
payment of which is required to be made prior to the filing
of a return or without a return (penalty for late payment

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or nonpayment of estimated or accelerated tax). The amount
of penalty imposed under this paragraph (1) shall be 2% of
any amount that is paid no later than 30 days after the due
date and 10% of any amount that is paid later than 30 days
after the due date.
(2) A penalty shall be imposed for failure to pay the
tax shown due or required to be shown due on a return on or
before the due date prescribed for payment of that tax or
an amount that is reported in an amended return other than
an amended return timely filed as required by subsection
(b) of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of tax). The amount of
penalty imposed under this paragraph (2) shall be 2% of any
amount that is paid no later than 30 days after the due
date, 10% of any amount that is paid later than 30 days
after the due date and prior to the date the Department has
initiated an audit or investigation of the taxpayer, and
20% of any amount that is paid after the date the
Department has initiated an audit or investigation of the
taxpayer; provided that the penalty shall be reduced to 15%
if the entire amount due is paid not later than 30 days
after the Department has provided the taxpayer with an
amended return (following completion of an occupation,
use, or excise tax audit) or a form for waiver of
restrictions on assessment (following completion of an
income tax audit); provided further that the reduction to

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15% shall be rescinded if the taxpayer makes any claim for
refund or credit of the tax, penalties, or interest
determined to be due upon audit, except in the case of a
claim filed pursuant to subsection (b) of Section 506 of
the Illinois Income Tax Act or to claim a carryover of a
loss or credit, the availability of which was not
determined in the audit. For purposes of this paragraph
(2), any overpayment reported on an original return that
has been allowed as a refund or credit to the taxpayer
shall be deemed to have not been paid on or before the due
date for payment and any amount paid under protest pursuant
to the provisions of the State Officers and Employees Money
Disposition Act shall be deemed to have been paid after the
Department has initiated an audit and more than 30 days
after the Department has provided the taxpayer with an
amended return (following completion of an occupation,
use, or excise tax audit) or a form for waiver of
restrictions on assessment (following completion of an
income tax audit).
(3) The penalty imposed under this subsection (b-20)
shall be deemed assessed at the time the tax upon which the
penalty is computed is assessed, except that, if the
reduction of the penalty imposed under paragraph (2) of
this subsection (b-20) to 15% is rescinded because a claim
for refund or credit has been filed, the increase in
penalty shall be deemed assessed at the time the claim for

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refund or credit is filed.
(c) For purposes of the late payment penalties, the basis
of the penalty shall be the tax shown or required to be shown
on a return, whichever is applicable, reduced by any part of
the tax which is paid on time and by any credit which was
properly allowable on the date the return was required to be
filed.
(d) A penalty shall be applied to the tax required to be
shown even if that amount is less than the tax shown on the
return.
(e) This subsection (e) is applicable to returns due before
January 1, 2001. If both a subsection (b)(1) or (b-5)(1)
penalty and a subsection (b)(2) or (b-5)(2) penalty are
assessed against the same return, the subsection (b)(2) or
(b-5)(2) penalty shall be assessed against only the additional
tax found to be due.
(e-5) This subsection (e-5) is applicable to returns due on
and after January 1, 2001. If both a subsection (b-10)(1)
penalty and a subsection (b-10)(2) penalty are assessed against
the same return, the subsection (b-10)(2) penalty shall be
assessed against only the additional tax found to be due.
(f) If the taxpayer has failed to file the return, the
Department shall determine the correct tax according to its
best judgment and information, which amount shall be prima
facie evidence of the correctness of the tax due.
(g) The time within which to file a return or pay an amount

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of tax due without imposition of a penalty does not extend the
time within which to file a protest to a notice of tax
liability or a notice of deficiency.
(h) No return shall be determined to be unprocessable
because of the omission of any information requested on the
return pursuant to Section 2505-575 of the Department of
Revenue Law (20 ILCS 2505/2505-575).
(i) If a taxpayer has a tax liability for the taxable
period ending after June 30, 1983 and prior to July 1, 2002
that is eligible for amnesty under the Tax Delinquency Amnesty
Act and the taxpayer fails to satisfy the tax liability during
the amnesty period provided for in that Act for that taxable
period, then the penalty imposed by the Department under this
Section shall be imposed in an amount that is 200% of the
amount that would otherwise be imposed under this Section.
(j) If a taxpayer has a tax liability for the taxable
period ending after June 30, 2002 and prior to July 1, 2009
that is eligible for amnesty under the Tax Delinquency Amnesty
Act, except for any tax liability reported pursuant to Section
506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that
is not final, and the taxpayer fails to satisfy the tax
liability during the amnesty period provided for in that Act
for that taxable period, then the penalty imposed by the
Department under this Section shall be imposed in an amount
that is 200% of the amount that would otherwise be imposed
under this Section.

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(Source: P.A. 98-425, eff. 8-16-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".