35 ILCS 5/902
2021 Illinois Compiled Statutes|Chapter 35 - REVENUE|35 ILCS 5/ - Illinois Income Tax Act.|Article 9 - Procedure And Administration

 (from Ch. 120, par. 9-902)Sec. 902. Notice and demand.(a) In general. Except as provided in subsection (b) the Director shall,  as soon as practicable after an amount payable under this Act is deemed  assessed (as provided in Section 903), give notice to each person liable  for any unpaid portion of such assessment, stating the amount unpaid and  demanding payment thereof. In the case of tax deemed assessed with the  filing of a return, the Director shall give notice no later than 3 years  after the date the return was filed.  Upon receipt of any notice and demand  there shall be paid  at the place and time stated in such notice the amount stated in such  notice. Such notice shall be left at the dwelling or usual place of business  of such person or shall be sent by mail to the person's last known address.(b) Judicial review. In the case of a deficiency deemed assessed under  Section 903(a)(2) after the filing of a protest, notice and demand shall  not be made with respect to such assessment until all proceedings in court  for the review of such assessment have terminated or the time for the  taking thereof has expired without such proceedings being instituted.(c) Action for recovery of taxes. At any time that the Department might  commence proceedings for a levy under Section 1109, regardless of whether a  notice of lien was filed under the provisions of Section 1103, it may bring an  action in any court of competent jurisdiction within or without this State  in the name of the people of this State to recover the amount of any taxes,  penalties and interest due and unpaid under this Act. In such action, the  certificate of the Department showing the amount of the delinquency shall  be prima facie evidence of the correctness of such amount, its assessment  and of the compliance by the Department with all the provisions of this Act.(d) Sales or transfers outside the usual course of  business-Report-Payment of Tax - Rights and duties of purchaser or  transferee - penalty.  If any taxpayer, outside the usual course of his  business, sells or transfers the major part of any one or more of (A) the  stock of goods which he is engaged in the business of selling, or (B) the  furniture or fixtures, or (C) the machinery and equipment, or (D) the real  property, of any business that is subject to the provisions of this Act,  the purchaser or transferee of such assets shall, no later than 10 business days  before the sale or transfer, file a notice of sale or transfer of business  assets with the   Department disclosing the name and address of the  seller or transferor, the  name and address of the purchaser or transferee, the date of the sale or  transfer, a copy of the sales contract and financing agreements which shall  include a description of the property sold or transferred, the amount of  the purchase price or a statement of other consideration for the sale or  transfer, and the terms for payment of the purchase price, and such other  information as the Department may reasonably require.  If the purchaser or  transferee fails to file the above described notice of sale with the  Department within the prescribed time, the purchaser or transferee shall be  personally liable to the Department for the amount  owed hereunder by the seller or transferor  but unpaid, up to the  amount of the reasonable value of the property acquired by the purchaser or  transferee.  The purchaser or transferee shall pay the Department the  amount of tax, penalties, and interest owed by the seller or transferor  under this Act, to the extent they have  not been paid by the seller or transferor.  The seller or transferor, or  the purchaser or transferee, at least 10 business days before the date of the sale  or transfer, may notify the Department of the intended sale or transfer  and request the Department to make a determination as to whether the seller  or transferor owes any  tax, penalty or  interest due under this Act.  The Department shall take such steps as may  be appropriate to comply with such request.Any order issued by the Department pursuant to this Section to withhold  from the purchase price shall be issued within 10 business days after the Department  receives notification of a sale as provided in this Section.  The purchaser or transferee shall withhold such portion of  the purchase price  as may be directed by the Department, but not to exceed a  minimum amount varying by type of business, as determined by the Department  pursuant to regulations, plus twice the outstanding unpaid liabilities and  twice the average liability of preceding filings times the number of  unfiled returns which were not filed when due,  to cover the amount of all tax, penalty, and interest due and  unpaid by the seller or transferor under this Act or, if the payment of  money or property is not involved, shall withhold the performance of the  condition that constitutes the consideration for the sale or transfer.  Within 60 business days after issuance of  the initial order to withhold, the Department shall provide written notice  to the purchaser or transferee of the actual amount of all taxes, penalties  and interest then due and whether or not additional amounts may become due  as a result of unpaid taxes required to be withheld by an employer, returns  which were not filed when due, pending assessments and audits not  completed.  The purchaser or transferee shall continue to withhold the  amount directed to be withheld by the initial order or such lesser amount  as is specified by the final withholding order or to withhold the  performance of the condition which constitutes the consideration for the  sale or transfer  until  the purchaser or transferee receives from the Department a certificate showing  that no unpaid tax, penalty or interest is due from the seller  or transferor under this Act.The purchaser or transferee is relieved of any duty to continue to  withhold from the purchase price and of any liability for tax, penalty,  or interest due hereunder from the seller or transferor if the Department  fails to notify the purchaser or transferee in the manner provided  herein of the amount to be withheld  within 10 business days after the sale or transfer has been reported to the  Department or within 60 business days after issuance of the initial order to  withhold, as the case may be.  The Department shall have the right to determine  amounts claimed on an estimated basis to allow for periods for which  returns were not filed when due, pending assessments and audits not  completed, however the purchaser or transferee shall be personally liable  only for the actual amount due when determined.If the seller or transferor has failed to pay the tax, penalty, and  interest due from him hereunder and the Department makes timely  claim therefor against the purchaser or transferee as hereinabove provided,  then the purchaser  or transferee shall pay to the Department the amount so withheld from the  purchase price.  If the purchaser or transferee fails to comply with the  requirements of this Section, the purchaser or transferee shall be  personally liable to the Department for the amount owed hereunder by  the seller or transferor up to the amount of the reasonable  value of the property acquired by the purchaser or transferee.Any person who shall acquire any property or rights thereto which, at the  time of such acquisition, is subject to a valid lien in favor of the  Department, shall be personally liable to the Department for a sum equal to  the amount of taxes, penalties and interests, secured by such lien, but not  to exceed the reasonable value of such property acquired by him.  (Source: P.A. 102-40, eff. 6-25-21.)