35 ILCS 5/911.2 — Refunds withheld; tax claims of other states

Sec. 911.2. Refunds withheld; tax claims of other states.

# (a)

Definitions. In this Section the following terms have the meanings indicated. "Claimant state" means any state or the District of Columbia that requests the withholding of a refund pursuant to this Section and that extends a like comity for the collection of taxes owed to this State. "Income tax" means any amount of income tax imposed on taxpayers under the laws of the State of Illinois or the claimant state, including additions to tax for penalties and interest. "Refund" means a refund of overpaid income taxes imposed by the State of Illinois or the claimant state. "Tax officer" means a unit or official of the claimant state, or the duly authorized agent of that unit or official, charged with the imposition, assessment, or collection of state income taxes. "Taxpayer" means any individual person identified by a claimant state under this Section as owing taxes to that claimant state, and in the case of a refund arising from the filing of a joint return, the taxpayer's spouse.

# (b)

In general. Except as provided in subsection (c) of this Section, a tax officer may: (1) certify to the Director the existence of a taxpayer's delinquent income tax liability; and (2) request the Director to withhold any refund to which the taxpayer is entitled.

# (c)

Comity. A tax officer may not certify or request the Director to withhold a refund unless the laws of the claimant state: (1) allow the Director to certify an income tax liability; (2) allow the Director to request the tax officer to withhold the taxpayer's tax refund; and (3) provide for the payment of the refund to the State of Illinois.

# (d)

Certification. A certification by a tax officer to the Director shall include: (1) the full name and address of the taxpayer and any other names known to be used by the taxpayer; (2) the social security number or federal tax identification number of the taxpayer; (3) the amount of the income tax liability; and (4) a statement that all administrative and judicial remedies and appeals have been exhausted or have lapsed and that the assessment of tax, interest, and penalty has become final.

# (e)

Notification. As to any taxpayer due a refund, the Director shall:

(1) notify the taxpayer that a claimant state has provided certification of the existence of an income tax liability;

(2) inform the taxpayer of the tax liability certified, including a detailed statement for each taxable year showing tax, interest, and penalty;

(3) inform the taxpayer that failure to file a protest in accordance with subsection (f) of this Section shall constitute a waiver of any demand against this State for the amount certified; (3.5) inform the taxpayer that the refund has been withheld and that the tax liability has been paid to the claimant state as provided in subsection (i) of this Section;

(4) provide the taxpayer with notice of an opportunity to request a hearing to challenge the certification; and (5) inform the taxpayer that the hearing may be requested (i) pursuant to Section 910 of this Act, or (ii) with the tax officer, in accordance with the laws of the claimant state.

# (f)

Protest of withholding. A taxpayer may protest the withholding of a refund pursuant to Section 910 of this Act (except that the protest shall be filed within 30 days after the date of the Director's notice of certification pursuant to subsection (e) of this Section).

# (g)

Certification as prima facie evidence. If the taxpayer requests a hearing pursuant to Section 910 of this Act, the certification of the tax officer shall be prima facie evidence of the correctness of the taxpayer's delinquent income tax liability to the certifying state.

# (h)

Rights of spouses to refunds from joint returns. If a certification is based upon the tax debt of only one taxpayer and if the refund is based upon a joint personal income tax return for a taxable year ending before December 31, 2009, the nondebtor spouse shall have the right to: (1) notification, as provided in subsection (e) of this Section; (2) protest, as to the withholding of such spouse's share of the refund, as provided in subsection (f) of this Section; and (3) payment of his or her share of the refund, provided the amount of the overpayment refunded to the spouse shall not exceed the amount of the joint overpayment.

# (i)

Withholding and payment of refund. Upon receipt of a request for withholding in accordance with subsection (b) of this Section, the Director shall: (1) withhold any refund that is certified by the tax officer; (2) pay to the claimant state the entire refund or the amount certified, whichever is less; (3) pay any refund in excess of the amount certified to the taxpayer; and (4) if a refund is less than the amount certified, withhold amounts from subsequent refunds due the taxpayer, if the laws of the claimant state provide that the claimant state shall withhold subsequent refunds of taxpayers certified to that state by the Director.

# (j)

Determination that withholding cannot be made. After receiving a certification from a tax officer, the Director shall notify the claimant state if the Director determines that a withholding cannot be made.

# (k)

Director's authority. The Director shall have the authority to enter into agreements with the tax officers of claimant state relating to: (1) procedures and methods to be employed by a claimant state with respect to the operation of this Section; (2) safeguards against the disclosure or inappropriate use of any information obtained or maintained pursuant to this Section that identifies, directly or indirectly, a particular taxpayer; (3) a minimum tax debt, amounts below which, in light of administrative expenses and efficiency, shall, in the Director's discretion, not be subject to the withholding procedures set forth in this Section.

# (l)

Remedy not exclusive. The collection procedures prescribed by this Section are in addition to, and not in substitution for, any other remedy available by law. (Source: P.A. 96-520, eff. 8-14-09.)