Illinois Administrative Code › Title 86 - REVENUE › Part 700 - UNIFORM PENALTY AND INTEREST ACT › Subpart A - SCOPE AND APPLICATION OF THE ACT › Section 700.105 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definitions of Specific Terms. Except as otherwise expressly provided in the
				UPIA or in this Part, or as clearly appearing from the context, for purposes of
				this Part:
"Accelerated Tax Payment" means any deposit or payment of tax
				  that is due prior to the unextended due date for filing of the return on which
				  the tax liability is reported, and includes, without limitation:
payments of occupation, use and excise taxes due on the
				  7th, 15 
				  th, 22nd
				  and last day of each month under Section 3 of the Retailers' Occupation Tax Act
				  [35 ILCS 120] (ROTA) or any similar provision;
payments of estimated tax under IITA Section 803; and
monthly and semi-weekly deposits of income tax withholding
				  under IITA Section 704 or IITA Section 704A.
"Admitted Liability" means a tax liability reported by the
				  taxpayer on an original or amended return.
"Claim for Refund" includes an original or amended return on
				  which an overpayment of tax is reported and a refund or credit of the
				  overpayment is requested.
"Date of Overpayment" means the date on which the total
				  amounts paid by or collected from the taxpayer with respect to a tax liability
				  exceed the liability, net of allowable credits, provided that:
in the case of an overpayment attributable to the carryback
				  of an Illinois net loss under IITA Section 207, the date of overpayment is the
				  date on which the total payments and collections exceed the tax liability or
				  the last day of the taxable year in which the loss was incurred, whichever is
				  later (see UPIA Section 3-2(d));
in the case of an overpayment attributable to the carryback
				  of a federal net operating loss or capital loss, the date of overpayment is the
				  date on which the total payments and collections exceed the tax liability or
				  the due date (without regard to extensions) for filing the federal income tax
				  return for the taxable year in which the loss was incurred, whichever is later
				  (see IRC section 6621(f)); and
in the case of an overpayment of Retailers' Occupation Tax
				  attributable to a bad debt, the date of overpayment is the date on which the
				  taxpayer files the original or amended federal income tax return on which the
				  deduction for the bad debt is reported. (See 86 Ill. Adm. Code
				  130.1960(d)(2)(C)
				  and (d)(5)(C).)
"Date of Underpayment" means the date on which a liability
				  becomes both due and unpaid. (See Avon Products, Inc. v. United States, 588
				  F.2d 342 (2d Cir. 1978).) The due date for payment of a tax is determined
				  without regard to any extensions of time for filing of a return. (See IITA
				  Section 601(a).)
"Federal Change" means a change to a federal income tax item
				  that is subject to the reporting provisions of IITA Section 506(b).
"Final Assessment" means a liability that has become final
				  under ROTA Section 4 or any similar provision, after the conclusion of a
				  hearing granted to a taxpayer who has protested a notice of tax liability or
				  after the period for protesting a notice of tax liability has expired without a
				  protest being filed. (See UPIA Section 3-3 (2).)
"Information Return" means
any return required by a
				  tax Act to be filed with the Department that does not, by law, require the
				  payment of a tax liability.
(UPIA Section 3-4(c))
"Notice and Demand" means a bill or other request for payment
				  issued by the Department for an assessed amount of tax, penalty or
				  interest.
"Notice of Arithmetic Error" means a notice of mathematical
				  error issued under IITA Section 903(a)(1), ROTA Section 4, or any similar
				  provision.
"Notice of Tax Liability" means:
a protestable notice issued by the Department that asserts an
				  unpaid liability for tax, penalty, or interest that will become a final
				  assessment if not protested or, if protested, after hearing, as provided in
				  ROTA Section 4 or any similar provision; or
a protestable notice of deficiency issued under the
				  IITA.
"Return" or "Tax Return" means a return required to be filed
				  with the Department, other than an information return. The terms "return" and
				  "tax return" refer only to an original return, and not an amended return. (See
				  Badaracco v. Commissioner, 464 US 386 (1984) and Hillsboro National Bank v.
				  Commissioner, 460 US 370 (1983).)
"Unprocessable Return" means any filing that purports to be a
				  return, but is not on
a form prescribed or approved by the Department
				  for the tax liability being reported, is not signed by the person authorized by
				  law, or does not contain all information, schedules, and support documents
				  necessary to determine the tax due and to make allocations of tax as prescribed
				  by law.
(UPIA Section 3-2(d))
b) Other Terms. Except as provided in
				subsection (a) or as clearly appearing from the context, any term used in this
				Part has the same meaning as when used in the act imposing the tax to which the
				this Part is being applied.
c)
				Assessment, Protest, Collections and Refunds of Penalty and Interest. Except as
				otherwise expressly provided in the UPIA or in this Part, the procedures for
				assessments, protests, collections and refunds of any item of penalty or
				interest under the UPIA are the procedures for assessments, protests,
				collections and refunds of the tax to which the item of penalty or interest
				relates.