Illinois Administrative Code
Title 86 - REVENUE
Part 100 - INCOME TAX
Subpart V - EMPLOYER'S RETURN AND PAYMENT OF TAX WITHHELD
Section 100.7325 - Time for Filing Returns and Making Payments for Taxes Required to Be Withheld On or After January 1, 2008 (IITA Section 704A)
Universal Citation: 86 IL Admin Code ยง 100.7325
Current through Register Vol. 48, No. 38, September 20, 2024
a) Quarterly return. Each return required under Section 100.7300(a) shall be filed on or before the last day of the first calendar month following the calendar quarter for which the return is made. (See IITA Section 704A(b).)
b) Monthly payments. Monthly payments required under Section 100.7300(d)(2) are due on or before the 15th day of the month following the month in which the tax was withheld or required to be withheld. (See IITA Section 704A(c)(3).)
c) Semi-weekly payments.
1) Semi-weekly payments
required under Section
100.7300(d)(1)
or
100.7310(b)(2)(B)
are due:
A) on or before each Friday of the
calendar year, for taxes withheld or required to be withheld on the immediately
preceding Saturday, Sunday, Monday or Tuesday;
B) on or before each Wednesday of the
calendar year, for taxes withheld or required to be withheld on the immediately
preceding Wednesday, Thursday or Friday. (See IITA Section
704A(c)(1).)
2) If a
payment due on a Friday or Wednesday under this subsection (c) would include
amounts withheld in two different quarters, a separate payment must be made for
the amounts withheld in each quarter.
3) Under
26
CFR 31.6302-1(c)(2)(iii),
semi-weekly depositors are given at least three banking days following the
close of the semi-weekly period by which to deposit taxes during the
semi-weekly period. Thus, if any of the three weekdays following the close of a
semi-weekly period is a holiday on which banks are closed, the employer has an
additional banking day by which to make the required deposit. For example, if
the Monday following the close of a Wednesday to Friday semi-weekly period is a
holiday on which banks are closed, the required deposit for the semi-weekly
period may be made by the following Thursday rather than the following
Wednesday. Under IITA Section 704A(d)(2), the Department may provide by
regulation that any payment due under this subsection (c) is deemed to
be timely to the extent paid by electronic funds transfer on or before the due
date for deposit of federal income taxes withheld from, or federal employment
taxes due with respect to, the wages from which the Illinois taxes were
withheld. Accordingly, employers making electronic payments of taxes
withheld may use the due dates prescribed in
26
CFR
31.6302-1(c)(2)(iii).
4)
Beginning with calendar year
2011, semi-weekly payments required under Section
100.7300(d)(1)
must be made by electronic funds transfer. (IITA Section
704A(c)(1))
d) Annual returns. Annual returns are due on or before:
1) January 31 of the year following the
calendar year for which the return is made, in the case of an annual return
under Section
100.7310(b)(1)
(See IITA Section 704A(d)(1).); or
2) the 15th day of
the 4th month following the close of the taxpayer's
tax year, in the case of an annual return under Section
100.7350.
(See IITA Section 704A(e).)
3)
Except as provided in Section 100.7350, annual filings are not permitted for
calendar years beginning on or after January 1, 2017.
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