Bill Text: IL HB4224 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4224 Detail]

Download: Illinois-2011-HB4224-Amended.html

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Rep. Carol A. Sente

Filed: 2/28/2012

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AMENDMENT TO HOUSE BILL 4224
AMENDMENT NO. ______. Amend House Bill 4224 by replacing
everything after the enacting clause with the following:
"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 in subparagraph (b) of this

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Section.
(b) Credits against estimated tax. The Department shall may
prescribe regulations providing for a taxpayer election on an
original return or an amended return 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

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protest in such form as the Department may by regulation
prescribe. If a protest is filed, 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.
(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, 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.

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(Source: P.A. 97-507, eff. 8-23-11.)".