Illinois Administrative Code › Title 86 - REVENUE › Part 100 - INCOME TAX › Subpart Q - COMBINED RETURNS › Section 100.5201 - Definitions and Miscellaneous Provisions Relating to Combined Returns

Current through Register Vol. 48, No. 28, July 12, 2024
a) In general.
				These definitions and provisions apply to this Subpart P.
b) Combined group. The term "combined group"
				means those eligible members of a unitary business group who have made an
				election to be treated as one taxpayer, or who are required to be treated as
				one taxpayer, under IITA Section 502(e).
c) Combined return. The term "combined
				return" means a single tax return filed on behalf of a combined group. A
				combined return shall be filed using a single Form IL-1120 with Schedule UB
				(Unitary Business Schedule).
d)
				Combined return year. The term "combined return year" means a taxable year for
				which a combined return is filed or is required to be filed.
e) Common taxable year. The term "common
				taxable year" means the taxable year used by a combined group in reporting its
				combined net income, as determined under the provisions of Section
				100.5265.
f) Controlling corporation. The "controlling
				corporation" of a combined group is the corporation, if any, that directly or
				indirectly owns a controlling interest in all of the other eligible members of
				a combined group. A controlling interest means more than 50% of the outstanding
				voting stock of a member. Indirect ownership of an interest in a corporation
				includes constructive ownership (under Section 318 of the Internal Revenue
				Code) of an interest in the corporation which is owned by a related party,
				whether or not the related party is itself a member of the combined
				group.
g) Designated agent. The
				term "designated agent" means the member appointed under Section
				100.5220.
h) Election. The term "election" refers to
				the election provided in Section IITA 502(e), as in effect for taxable years
				ending prior to December 31, 1993, to be treated as one taxpayer.
i) Eligible member. The term "eligible
				member" means a corporation which is a member of a unitary business group and
				which has taxable presence in Illinois. Part-year members of a unitary business
				group are eligible members. Noncorporate taxpayers and Subchapter S
				corporations are not eligible members, either in combination with corporations
				which are eligible members or in combination with other noncorporate taxpayers
				or Subchapter S corporations. Members of a unitary business group are eligible
				members even though the unitary business group includes noncorporate members or
				Subchapter S corporations which are not eligible to join in the filing of a
				combined return.
j) Separate
				company return. The term "separate company return" means an Illinois income tax
				return filed by a corporation which is not a member of a unitary business
				group.
k) Separate company items.
				The term "separate company items" means the income, deductions, credits, tax
				liability and other facts of a corporation relevant to the computation of its
				Illinois Income Tax liabilities, determined as if such corporation was neither
				a member of an affiliated group filing consolidated federal income tax returns
				nor a member of a combined group.
l) Separate unitary return. The term
				"separate unitary return" means an Illinois income tax return of a member of a
				unitary business group which has not elected to file a combined return for a
				taxable year ending prior to December 31, 1993 or by a member of a unitary
				business group which is not eligible to join in the filing of a combined
				return.
m) Unitary business group.
				The term "unitary business group" shall have the same meaning as provided in
				IITA Section 1501(a)(27) and Section
				100.9700
				of this Part.