If you have outstanding state tax liabilities from returns that were due between June 30, 2011 and July 1, 2018, then you may have just received a windfall from the Illinois state government. Under the recently enacted Illinois Tax Delinquency Amnesty Act, if you pay the tax portion of any of those liabilities between October 1, 2019 and November 15, 2019, the related penalties and interest will be WAIVED IN FULL . In addition, the state will agree not to pursue criminal charges with respect to any tax periods for which amnesty is granted.
Amnesty is available to both individual and business taxpayers and is available for most types of taxes, including income, withholding, and sales taxes. Relief is also available to taxpayers who have yet to file returns for the amnesty period, are currently under audit, are working with a private collection agency, are currently before IDOR’s Board of Appeals, or are party to a state tax administrative hearing.
Whatever your circumstances, before making any payment, it is important to make sure that your debt qualifies for amnesty. If it does, it is equally imperative that you strictly follow the technical requirements of the Amnesty Act and related regulations. If you fail to do so, IDOR may not provide the relief you expect (but will not refund your payment, of course).
These kinds of opportunities are rare, as Illinois has only offered tax amnesty two times in the past and has not done so for several years. Another amnesty program likely will not be offered any time soon, if ever again.
If you would like assistance in determining whether you are eligible for this program and taking advantage of the potential savings, or if you have any questions about federal, state, or local tax issues, please contact me at 312-888-4113 or jnesser@lavellelaw.com.
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