2023 Illinois Compiled Statutes › Chapter 35 - REVENUE › 35 ILCS 5/ - Illinois Income Tax Act. › Article 6 - Payments

(35 ILCS 5/Art. 6 heading)
ARTICLE 6.  
		PAYMENTS.
(35 ILCS 5/601) (from Ch. 120, par. 6-601)
Sec. 601. Payment on due date of return.
(a) In general. Every taxpayer required to file a return under
this Act shall, without assessment, notice or demand, pay any tax due
thereon to the Department, at the place fixed for filing, on or before
the date fixed for filing such return (determined without regard to any
extension of time for filing the return) pursuant to regulations
prescribed by the Department.
If, however, the due date for payment of a taxpayer's federal income tax
liability for a tax year (as provided in the Internal Revenue Code or by
Treasury regulation, or as extended by the Internal Revenue Service) is later
than the date fixed for filing the taxpayer's Illinois income tax return for
that tax year, the Department may, by rule, prescribe a due date for payment
that is not later than the due date for payment of the taxpayer's federal
income tax liability. For purposes of the Illinois Administrative Procedure
Act, the adoption of rules to prescribe a later due date for payment shall be
deemed an emergency and necessary for the public interest, safety, and
welfare.
(b) Amount payable. In making payment as provided in this
section there shall remain payable only the balance of such tax
remaining due after giving effect to the following:
(1) Withheld tax. Any amount withheld during any     calendar year pursuant to Article 7 from compensation paid to a taxpayer shall be deemed to have been paid on account of any tax imposed by subsections 201(a) and (b) of this Act on such taxpayer for his taxable year beginning in such calendar year. If more than one taxable year begins in a calendar year, such amount shall be deemed to have been paid on account of such tax for the last taxable year so beginning.
(2) Estimated and tentative tax payments. Any amount     of estimated tax paid by a taxpayer pursuant to Article 8 for a taxable year shall be deemed to have been paid on account of the tax imposed by this Act for such taxable year.
(3) Foreign tax. The aggregate amount of tax which is     imposed upon or measured by income and which is paid by a resident for a taxable year to another state or states on income which is also subject to the tax imposed by subsections 201(a) and (b) of this Act shall be credited against the tax imposed by subsections 201(a) and (b) otherwise due under this Act for such taxable year. For taxable years ending prior to December 31, 2009, the aggregate credit provided under this paragraph shall not exceed that amount which bears the same ratio to the tax imposed by subsections 201(a) and (b) otherwise due under this Act as the amount of the taxpayer's base income subject to tax both by such other state or states and by this State bears to his total base income subject to tax by this State for the taxable year. For taxable years ending on or after December 31, 2009, the credit provided under this paragraph for tax paid to other states shall not exceed that amount which bears the same ratio to  the tax imposed by subsections 201(a) and (b) otherwise due under this Act as the amount of the taxpayer's base income that would be allocated or apportioned to other states if all other states had adopted the provisions in Article 3 of this Act bears to the taxpayer's total base income subject to tax by this State for the taxable year.  This subsection is exempt from the 30-day threshold set forth in subparagraph (iii) of paragraph (B) of item (2) of subsection (a) of Section 304. The credit provided by this paragraph shall not be allowed if any creditable tax was deducted in determining base income for the taxable year. Any person claiming such credit shall attach a statement in support thereof and shall notify the Director of any refund or reductions in the amount of tax claimed as a credit hereunder all in such manner and at such time as the Department shall by regulations prescribe.
(4) Accumulation and capital gain distributions. If     the net income of a taxpayer includes amounts included in his base income by reason of Section 667 of the Internal Revenue Code (relating to accumulation and capital gain distributions by a trust, respectively), the tax imposed on such taxpayer by this Act shall be credited with his pro rata portion of the taxes imposed by this Act on such trust for preceding taxable years which would not have been payable for such preceding years if the trust had in fact made distributions to its beneficiaries at the times and in the amounts specified in Sections 666 and 669 of the Internal Revenue Code. The credit provided by this paragraph shall not reduce the tax otherwise due from the taxpayer to an amount less than that which would be due if the amounts included by reason of Section 667 of the Internal Revenue Code were excluded from his or her base income.
(c) Cross reference. For application against tax due of
overpayments of tax for a prior year, see Section 909.
(Source: P.A. 101-585, eff. 8-26-19.)
(35 ILCS 5/601.1) (Ch. 120, par. 6-601.1)
Sec. 601.1. 
		Payment by electronic funds transfer.
(a) Beginning on October 1, 1993,
a taxpayer who has an average monthly tax liability of $150,000
or more under Article 7 of this Act shall make all payments required
by rules of the Department by electronic funds transfer.  Beginning October
1, 1993, a taxpayer who
has an average quarterly estimated tax payment obligation of $450,000 or
more under Article 8 of this Act shall make all payments required by
rules of the Department by electronic funds
transfer.  Beginning on October 1, 1994,
a taxpayer who has an average monthly tax liability of $100,000
or more under Article 7 of this Act shall make all payments required
by rules of the Department by electronic funds transfer.  Beginning October
1, 1994, a taxpayer who
has an average quarterly estimated tax payment obligation of $300,000 or
more under Article 8 of this Act shall make all
payments required by rules of the Department by electronic funds
transfer.  Beginning on October 1, 1995,
a taxpayer who has an average monthly tax liability of $50,000 or
more under Article 7 of this Act shall make all payments required by
rules of the Department by electronic funds transfer.  Beginning October 1,
1995, a taxpayer who has
an average quarterly estimated tax payment obligation of $150,000 or more
under Article 8 of this Act shall make all payments required by rules
of the Department by electronic
funds transfer.
Beginning on October 1, 2000, and for all liability periods thereafter, a
taxpayer who has an average annual tax liability of $200,000 or more under
Article 7 of this Act shall make all payments required by rules of the
Department by electronic funds transfer.  Beginning October 1, 2000, a taxpayer
who has an average quarterly estimated tax payment obligation of $50,000 or
more under Article 8 of this Act shall make all payments required by rules of
the Department by electronic funds transfer.
Beginning on October 1, 2002, a taxpayer who has a tax liability in the
amount set forth in subsection (b) of Section 2505-210 of the Department of
Revenue Law shall make all payments required by rules of the Department by
electronic funds transfer.
Beginning on October 1, 2002, a taxpayer who has a tax liability in the
amount set forth in subsection (b) of Section 2505-210 of the Department of
Revenue Law shall make all payments required by rules of the Department by
electronic funds transfer.
(b) Any taxpayer
who is not required to make payments by electronic funds transfer may make
payments by electronic funds transfer with the
permission of the Department.
(c) All taxpayers required to make payments by electronic funds
transfer and any taxpayers who wish to voluntarily make payments by
electronic funds transfer shall make those payments in the manner authorized
by the Department.
(d) The Department shall notify all taxpayers required to make payments
by electronic funds transfer.  All
 taxpayers notified by the Department shall
make payments by electronic funds transfer for a minimum of one year
beginning on October 1.  In determining the threshold amounts under
subsection (a), the Department shall calculate the averages as follows:
(1) the total liability under Article 7 for the     preceding tax year (and, prior to October 1, 2000, divided by 12); or
(2) for purposes of estimated payments under Article     8, the total tax obligation of the taxpayer for the previous tax year divided by 4.
(e) The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the requirements of
this Section.
(Source: P.A. 91-541, eff. 8-13-99; 92-492, eff. 1-1-02; 92-846, eff.
8-23-02.)
(35 ILCS 5/602) (from Ch. 120, par. 6-602)
Sec. 602. 
		Tentative Payments.
(a) In general. Pursuant to Section 505,
the Department may promulgate regulations to provide automatic extensions
of the time for filing a return. In connection with any other extension
provided under Section 505 of the time for filing a return, the taxpayer
shall file a tentative tax return and pay, on or before the date prescribed
by law for the filing of such return (determined without regard to any
extensions of time for such filing), the amount properly estimated as his
tax for the taxable year.
(b) Interest and Penalty. Interest and penalty on any amount of tax due
and unpaid for the period of any extension shall be payable as provided by
the Uniform Penalty and Interest Act. However, if the taxpayer is a member,
or, in the case of a joint return, the spouse of a member, of the United
States Armed Forces serving in a combat zone and subject to a filing
extension in accordance with a proclamation by the President of the United
States pursuant to Section 7508 of the Internal Revenue Code, no interest
or penalty shall be applicable for the taxable year ending on and after
December 31, 1990.
(Source: P.A. 87-205; 87-339; 87-895.)
(35 ILCS 5/603) (from Ch. 120, par. 6-603)
Sec. 603. 
		(Repealed).
(Source: Repealed by P.A. 88-195.)
(35 ILCS 5/604) (from Ch. 120, par. 6-604)
Sec. 604. 
		
		Any payment to the Department which is made by a check or
money order not payable to the Department shall, within 15 days after
receipt thereof, be returned by
the Department to the taxpayer who submitted
such check or money order or, if the amount of payment is equal to the
amount owed to the State of Illinois, the Department may deposit
such check.
(Source: P.A. 86-977.)
(35 ILCS 5/605) (from Ch. 120, par. 6-605)
Sec. 605. 
		
		The Department may adopt rules and regulations for payment
of taxes due under this Act by credit card only when the Department is not
required to pay a discount fee charged by the credit card issuer.
(Source: P.A. 87-1175; 87-1189.)
(35 ILCS 5/606)
Sec. 606. EDGE payment.  A payment includes a payment provided for in subsection (g) of Section 5-15 of the Economic Development for a Growing Economy Tax Credit Act.
(Source: P.A. 96-836, eff. 12-16-09; 96-1000, eff. 7-2-10.)