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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3334 Introduced 2/14/2014, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
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35 ILCS 5/911 | from Ch. 120, par. 9-911 |
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Amends the Illinois Income Tax Act. Provides that the limitations period for claims for refunds shall be suspended during any period when the individual seeking the refund is financially disabled. Defines "financial disability". Provides that an individual shall not be treated as financially disabled during any period when that individual's spouse or any other person is authorized to act on behalf of that individual with respect to financial matters. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Income Tax Act is amended by |
| 5 | | changing Section 911 as follows:
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| 6 | | (35 ILCS 5/911) (from Ch. 120, par. 9-911)
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| 7 | | Sec. 911. Limitations on Claims for Refund.
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| 8 | | (a) In general. Except
as otherwise provided in this Act:
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| 9 | | (1) A claim for refund shall be filed not later than 3 |
| 10 | | years after
the date the return was filed (in the case of |
| 11 | | returns required under
Article 7 of this Act respecting any |
| 12 | | amounts withheld as tax, not later
than 3 years after the |
| 13 | | 15th day of the 4th month following the close of
the |
| 14 | | calendar year in which such withholding was made), or one |
| 15 | | year after
the date the tax was paid, whichever is the |
| 16 | | later; and
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| 17 | | (2) No credit or refund shall be allowed or made with |
| 18 | | respect to the
year for which the claim was filed unless |
| 19 | | such claim is filed within
such period.
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| 20 | | (b) Federal changes.
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| 21 | | (1) In general. In any case where
notification of an |
| 22 | | alteration is required by Section 506(b), a claim
for |
| 23 | | refund may be filed within 2 years after the date on which |
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| 1 | | such
notification was due (regardless of whether such |
| 2 | | notice was given), but
the amount recoverable pursuant to a |
| 3 | | claim filed under this Section
shall be limited to the |
| 4 | | amount of any overpayment resulting under this
Act from |
| 5 | | recomputation of the taxpayer's net income, net loss, or |
| 6 | | Article 2
credits for the taxable
year after giving effect |
| 7 | | to the item or items reflected in the
alteration required |
| 8 | | to be reported.
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| 9 | | (2) Tentative carryback adjustments paid before |
| 10 | | January 1, 1974.
If, as the result of the payment before |
| 11 | | January 1, 1974 of a federal
tentative carryback |
| 12 | | adjustment, a notification of an alteration is
required |
| 13 | | under Section 506(b), a claim for refund may be filed at |
| 14 | | any
time before January 1, 1976, but the amount recoverable |
| 15 | | pursuant to a
claim filed under this Section shall be |
| 16 | | limited to the amount of any
overpayment resulting under |
| 17 | | this Act from recomputation of the
taxpayer's base income |
| 18 | | for the taxable year after giving effect to the
federal |
| 19 | | alteration resulting from the tentative carryback |
| 20 | | adjustment
irrespective of any limitation imposed in |
| 21 | | paragraph (l) of this
subsection.
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| 22 | | (c) Extension by agreement. Where, before the expiration of |
| 23 | | the
time prescribed in this section for the filing of a claim |
| 24 | | for refund,
both the Department and the claimant shall have |
| 25 | | consented in writing to
its filing after such time, such claim |
| 26 | | may be filed at any time prior to
the expiration of the period |
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| 1 | | agreed upon. The period so agreed upon may
be extended by |
| 2 | | subsequent agreements in writing made before the
expiration of |
| 3 | | the period previously agreed upon.
In the case of a taxpayer |
| 4 | | who is a partnership, Subchapter S corporation, or
trust and |
| 5 | | who enters into an agreement with the Department pursuant to |
| 6 | | this
subsection on or after January 1, 2003, a claim for refund |
| 7 | | may be filed by the
partners, shareholders, or beneficiaries of |
| 8 | | the taxpayer at any time prior to
the expiration of the period |
| 9 | | agreed upon. Any refund
allowed pursuant to the claim, however, |
| 10 | | shall be limited to the amount of any
overpayment
of tax due |
| 11 | | under this Act that results from recomputation of items of |
| 12 | | income,
deduction, credits, or other amounts of the taxpayer |
| 13 | | that are taken into
account by the partner, shareholder, or |
| 14 | | beneficiary in computing its liability
under this Act.
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| 15 | | (d) Limit on amount of credit or refund.
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| 16 | | (1) Limit where claim filed within 3-year period. If |
| 17 | | the claim was
filed by the claimant during the 3-year |
| 18 | | period prescribed in subsection
(a), the amount of the |
| 19 | | credit or refund shall not exceed the portion of
the tax |
| 20 | | paid within the period, immediately preceding the filing of |
| 21 | | the
claim, equal to 3 years plus the period of any |
| 22 | | extension of time for
filing the return.
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| 23 | | (2) Limit where claim not filed within 3-year period. |
| 24 | | If the claim
was not filed within such 3-year period, the |
| 25 | | amount of the credit or
refund shall not exceed the portion |
| 26 | | of the tax paid during the one year
immediately preceding |
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| 1 | | the filing of the claim.
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| 2 | | (e) Time return deemed filed. For purposes of this section |
| 3 | | a tax
return filed before the last day prescribed by law for |
| 4 | | the filing of
such return (including any extensions thereof) |
| 5 | | shall be deemed to have
been filed on such last day.
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| 6 | | (f) No claim for refund or credit based on the taxpayer's |
| 7 | | taking a credit for
estimated tax payments as provided by |
| 8 | | Section 601(b)(2) or for any amount
paid by a taxpayer pursuant |
| 9 | | to Section 602(a) or for any amount of credit for
tax withheld |
| 10 | | pursuant to Article 7 may be filed unless a return was filed |
| 11 | | for the tax year not more than 3
years after the due date, as |
| 12 | | provided by Section 505, of the return which
was required to be |
| 13 | | filed relative to the taxable year for which the
payments were |
| 14 | | made or for which the tax was withheld. The changes in
this |
| 15 | | subsection (f) made by this
amendatory Act of 1987 shall apply |
| 16 | | to all taxable years ending on or after
December 31, 1969.
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| 17 | | (g) Special Period of Limitation with Respect to Net Loss |
| 18 | | Carrybacks.
If the claim for refund relates to an overpayment |
| 19 | | attributable to a net
loss carryback as provided by Section |
| 20 | | 207, in lieu of the 3 year period of
limitation prescribed in |
| 21 | | subsection (a), the period shall be that period
which ends 3 |
| 22 | | years after the time prescribed by law for filing the return
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| 23 | | (including extensions thereof) for the taxable year of the net |
| 24 | | loss which
results in such carryback (or, on and after August |
| 25 | | 13, 1999, with respect to a change in the
carryover of
an |
| 26 | | Article 2 credit to a taxable year resulting from the carryback |
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| 1 | | of a Section
207 loss incurred in a taxable year beginning on |
| 2 | | or after January 1, 2000, the
period shall be that period
that |
| 3 | | ends 3 years after the time prescribed by law for filing the |
| 4 | | return
(including extensions of that time) for that subsequent |
| 5 | | taxable year),
or the period prescribed in subsection (c) in
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| 6 | | respect of such taxable year, whichever expires later. In the |
| 7 | | case of such
a claim, the amount of the refund may exceed the |
| 8 | | portion of the tax paid
within the period provided in |
| 9 | | subsection (d) to the extent of the amount of
the overpayment |
| 10 | | attributable to such carryback.
On and after August 13, 1999, |
| 11 | | if the claim for refund relates to an overpayment attributable |
| 12 | | to
the
carryover
of an Article 2 credit, or of a Section 207 |
| 13 | | loss, earned, incurred (in a
taxable year beginning on or after |
| 14 | | January 1, 2000), or used in
a
year for which a notification of |
| 15 | | a change affecting federal taxable income must
be filed under |
| 16 | | subsection (b) of Section 506, the claim may be filed within |
| 17 | | the
period
prescribed in paragraph (1) of subsection (b) in |
| 18 | | respect of the year for which
the
notification is required. In |
| 19 | | the case of such a claim, the amount of the
refund may exceed |
| 20 | | the portion of the tax paid within the period provided in
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| 21 | | subsection (d) to the extent of the amount of the overpayment |
| 22 | | attributable to
the recomputation of the taxpayer's Article 2 |
| 23 | | credits, or Section 207 loss,
earned, incurred, or used in the |
| 24 | | taxable year for which the notification is
given.
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| 25 | | (h) Claim for refund based on net loss. On and after August |
| 26 | | 23, 2002, no claim for refund shall
be allowed to the extent |
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| 1 | | the refund is the result of an amount of net loss
incurred in |
| 2 | | any taxable year ending prior to December 31, 2002
under |
| 3 | | Section 207 of this Act that was not reported to the Department
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| 4 | | within 3 years of the due date (including extensions) of the |
| 5 | | return for the
loss year on either the original return filed by |
| 6 | | the taxpayer or on amended
return or to the extent that the |
| 7 | | refund is the result of an amount of net loss incurred in any |
| 8 | | taxable year under Section 207 for which no return was filed |
| 9 | | within 3 years of the due date (including extensions) of the |
| 10 | | return for the loss year.
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| 11 | | (i) Periods of limitation suspended while taxpayer is |
| 12 | | unable to manage financial affairs due to disability. In the |
| 13 | | case of an individual, the running of the periods specified in |
| 14 | | this Section shall be suspended during any period when that |
| 15 | | individual is financially disabled. |
| 16 | | For purposes of this subsection (i), an individual is |
| 17 | | financially disabled if that individual is unable to manage his |
| 18 | | or her financial affairs by reason of a medically determinable |
| 19 | | physical or mental impairment of the individual that can be |
| 20 | | expected to result in death, or which has lasted or can be |
| 21 | | expected to last for a continuous period of not less than 12 |
| 22 | | months. |
| 23 | | An individual shall not be treated as financially disabled |
| 24 | | during any period when that individual's spouse or any other |
| 25 | | person is authorized to act on behalf of that individual with |
| 26 | | respect to financial matters. |