Enlarge image | Illinois Department of Revenue Use for tax year ending on or after December 31, 2022, and before December 31, 2023. IL-1120-ST Instructions 2022 What’s New? Table of Contents • Illinois Net Loss deductions are to be reported on Schedule NLD, What’s New? ........................................................ 1 Illinois Net Loss Deduction. Attach Schedule NLD to your Form IL-1120-ST. General Information ............................................ 1 • IL-4562 has been updated to include 80 percent bonus depreciation. Specific Instructions ........................................... 7 • Schedule 4255 has new recapture of credit lines. Apportionment Formulas .................................. 16 • IL-2220 was updated to incorporate the late-payment penalty for Illinois Schedule B Instructions ....................... 18 underpayment of estimated tax for filers of Forms IL-1065 and IL-1120-ST that elect to pay pass-through entity (PTE) tax. Appendix A - Extension Tax Payment • Schedule B, Section B has been reformatted from horizontal to Worksheet .......................................................... 22 vertical orientation. Appendix B - Pass-through Withholding Prepayment Worksheets ................................... 23 Appendix C - Estimated Payment and Prepayment Worksheet ..................................... 25 General Information Who must file Form IL-1120-ST? S corporations must complete Form IL-1120-ST. Do not send a computer printout with line numbers and dollar amounts attached You must file Form IL-1120-ST if you are a small business to a blank copy of the return. Computer generated printouts are not corporation (“S corporation”), as defined in Internal Revenue Code acceptable, even if they are in the same format as IDOR’s forms. (IRC) Section 1361(a), that Computer generated forms from an IDOR-approved software • has net income or loss as defined under the Illinois Income Tax developer are acceptable. Act (IITA); or Form IL-1120-ST (R-12/22) is for tax years ending on • is qualified to do business in the state of Illinois and is required to or after December 31, 2022, and before December 31, 2023. file U.S. Form 1120S (regardless of net income or loss). For tax years ending on or after December 31, 2021 and before If you own a Qualified Subchapter S Subsidiary (QSSS) defined December 31, 2022, use the 2021 form. Using the wrong form will in IRC Section 1361(b)(3), as well as any other entity that is delay the processing of your return. disregarded as an entity separate from you for purposes of the IRC, it is likewise disregarded as a separate entity for purposes of the IITA. How do I register my business? You must include all items of income, deduction, loss, credit, etc., If you are required to file Form IL-1120-ST, you should register with from such entities on your return as if they were earned or incurred IDOR. You may register by you directly. • online with MyTax Illinois, our free online account management If you are an S corporation that is a member of a unitary business program for taxpayers; group, see the Illinois Schedule UB, Combined Apportionment for • by completing Form REG-1, Illinois Business Registration Unitary Business Group Instructions and “What if I am a member of Application, and mailing it to the address on the form; or a unitary group?” in the general instructions below for information • by visiting a regional office. about filing requirements. S corporations may be required to apportion their business income as members of a unitary group, but Visit our website at tax.illinois.gov for more information. cannot file a combined return. Registering with IDOR prior to filing your return ensures that your tax returns are accurately processed. What forms must I use? Your identification numbers as an Illinois business taxpayer are In general, you must obtain and use forms prescribed by the Illinois your federal employer identification number (FEIN) and your Illinois Department of Revenue (IDOR). Separate statements not on forms account number. provided or approved by IDOR will not be accepted and you will be asked for appropriate documentation. Failure to comply with When should I file? this requirement may result in failure to file penalties, a delay Your Illinois filing due date is the same as your federal filing due in the processing of your return, or a delay in the generation date. In general, Form IL-1120-ST is due on or before the 15th day of of any overpayment. Additionally, failure to submit appropriate the 3rd month following the close of the tax year. documentation when requested may result in a referral to our Audit Bureau for compliance action. IL-1120-ST Instructions (R-12/22) Printed by the authority of the State of Illinois - web only - one copy. Page 1 of 27 |
Enlarge image | Automatic seven-month extension — We grant you an automatic Who should sign the return? seven-month extension of time to file your small business corporate Your Form IL-1120-ST must be signed by the president, vice tax return. The automatic extension of time to file is granted whether president, treasurer, or any other officer duly authorized to sign the or not you request it. You are not required to file a form in order to return. In the case of a bankruptcy, a receiver, trustee, or assignee obtain this automatic extension. If you expect tax to be due, you must sign any return required to be filed on behalf of the corporation. must pay any tentative tax due, by the original due date of the The signature verifies by written declaration (and under penalties return, in order to avoid interest and penalty on tax not paid by that of perjury) that the signing individual has personally examined the date. To pay any tax due by the original due date of your return: return and the return is true, correct, and complete. The fact that • visit tax.illinois.gov, for information about ACH credit, an individual’s name is signed to a return is prima facie evidence • pay using mytax.illinois.gov, or that the individual is authorized to sign the return on behalf of the • mail Form IL-1120-ST-V, Payment Voucher for Small Business corporation. Corporation Replacement Tax, using the address on the form. Any person paid to prepare the return (other than a regular, full-time If an unpaid liability is disclosed when you file your return, then you employee of the taxpayer, such as a clerk, secretary, or bookkeeper) may owe penalty and interest charges in addition to the tax. See the must provide a signature, date the return, enter the preparer tax “What are the penalties and interest?” section below. An extension identification number (PTIN) issued to them by the Internal Revenue of time to file your Form IL-1120-ST is not an extension of time Service, and provide their firm’s name, FEIN, address, and phone for payment of Illinois tax. number. Additional extensions beyond the automatic extension period If your return is not signed, any overpayment of tax is — We will grant an extension of more than seven months only if an considered forfeited if, after notice and demand for signature, you fail extension is granted by the Internal Revenue Service (IRS) beyond to provide a signature within three years from the date your return the date of the Illinois automatic extension. Your additional Illinois was filed. extension will be equal to the federal extension, plus one month. What are the penalties and interest? You must attach a copy of the approved federal extension to your Form IL-1120-ST. Penalties — You will owe • a late-filing penalty if you do not file a processable return by the When should I pay? extended due date; Payment of tax — You must pay your Illinois Replacement Tax, • a late-payment penalty if you do not pay the tax you owe by the pass-through withholding, and PTE tax you elect to pay in full on or original due date of the return; before the original due date of the return. Failure to pay the tax due on or before the original due date of the return may result in penalty • a late-payment penalty for underpayment of estimated tax if and interest. This payment date applies even though an automatic you were required to make estimated tax payments and failed to extension for filing your return has been granted. All payments must do so, or failed to pay the required amount by the payment due be made using Form IL-1120-ST-V. date; Extension Payments - If you expect tax to be due, you must pay • a bad check penalty if your remittance is not honored by your any tentative tax due by the original due date of the return using financial institution; and Form IL-1120-ST-V, either electronically or by mail. See Appendix A • a cost of collection fee if you do not pay the amount you owe for more information. within 30 days of the date printed on your bill. Estimated tax payments — S corporations who elect to pay Interest — Interest is calculated on tax from the day after the original PTE tax and reasonably expect their total tax liability to exceed due date of your return through the date you pay the tax. $500 are required to make estimated tax payments using We will bill you for penalties and interest. For more information about Form IL-1120-ST-V, either electronically or by mail. All other penalties and interest, see Publication 103, Penalties and Interest for S corporations are not required to make estimated tax payments. Illinois Taxes, available at tax.illinois.gov. See Appendix C for more information. Voluntary Prepayments - S corporations who do not elect to What if I am discontinuing my business? pay PTE tax or S corporations who elect to pay PTE tax and Liquidation, withdrawal from Illinois, or loss of charter — If you reasonably expect their total tax liability to be less than $500 may are a corporation that is liquidated, withdraws either voluntarily or make voluntary prepayments of their own tax liability using Form involuntarily from Illinois, orin any manner surrenders or loses your IL-1120-ST-V. S corporations who do not elect to pay PTE tax may charter during any tax year, you are still required to file tax returns. also use Form IL-1120-ST-V to make pass-through withholding Also, we will pursue the assessment and collection of taxes owed by prepayments on behalf of your shareholders. See Appendix B and you or your shareholders. Appendix C for more information. Sales or transfers — If you are a corporation that, outside the usual We encourage you to make your payments electronically using course of business, sells or transfers the major part of any one or MyTax Illinois or Modernized E-File (MeF) systems, or you may more of use Form EFT-1, Authorization Agreement for Certain Electronic • the stock of goods which you are in the business of selling, Payments, to set up an ACH credit or phone debit transaction. • the furniture or fixtures of your business, These options can be found on our website at tax.illinois.gov. If you make your payments using MyTax Illinois, MeF, or EFT, do • the machinery and equipment of your business, or not mail us your Form(s) IL-1120-ST-V. You must use one of our • the real property of your business, electronic payment options if IDOR has notified you that you are you or the purchaser must complete and send us Form CBS-1, required to make payments electronically. Notice of Sale, Purchase, or Transfer of Business Assets, no later We will apply each payment to the earliest due date until that liability than 10 business days prior to the date the sale takes place. Send is paid, unless you provide specific instructions to apply it to another this form, along with copies of the sales contract and financing period. You may also be assessed a bad check penalty if your agreement, to remittance is not honored by your financial institution. Page 2 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | ILLINOIS DEPARTMENT OF REVENUE Do IDOR and the IRS exchange income BULK SALES UNIT PO BOX 19035 tax information? SPRINGFIELD IL 62794-9035 IDOR and the IRS exchange income tax information for the purpose or of verifying the accuracy of information reported on federal and REV.BulkSales@illinois.gov Illinois tax returns. All amounts you report on Form IL-1120-ST are subject to verification and audit. What if I need to correct or change my return? Should I round? Do not file another Form IL-1120-ST with “amended” figures to change your originally filed Form IL-1120-ST. If you need to You must round the dollar amounts on Form IL-1120-ST and correct or change your return after it has been filed, you must file accompanying schedules to whole-dollar amounts. To do this, you Form IL-1120-ST-X, Amended Small Business Replacement Tax should drop any amount less than 50 cents and increase any amount Return. Returns filed before the extended due date of the return are of 50 cents or more to the next higher dollar. treated as your original return for all purposes. For more information, What if I have an Illinois net loss see Form IL-1120-ST-X instructions. deduction (NLD)? You should file Form IL-1120-ST-X only after you have filed a processable Illinois Income Tax return. You must file a separate An Illinois net loss deduction (NLD) can be used to reduce the base Form IL-1120-ST-X for each tax year you wish to change. income allocable to Illinois only if the loss year return has been filed and to the extent the loss was not used to offset income from any State changes only — File Form IL-1120-ST-X promptly if you other tax year. S corporations and partnerships, including any that discover an error on your Illinois return that does not relate to an are members of a unitary group, trusts, and non-unitary corporations error on your federal return but rather was caused by should use Schedule NLD, Illinois Net Loss Deduction, to determine • a mistake in transferring information from your federal return to any NLD. your Illinois return; To determine your “Illinois net loss” start with federal taxable income • failing to report or misreporting to Illinois an item that has no effect and apply all addition and subtraction modifications and all allocation on your federal return; or and apportionment provisions. • a mistake in another state’s tax return that affects the computation In order to have any available NLD applied to your return, you must of your Illinois tax liability. claim the deduction on Step 7, Line 50. See specific instructions for If you are claiming an overpayment, Form IL-1120-ST-X must be Step 7, Line 50. filed within three years after the extended due date or the date the If you have an Illinois net loss for this tax year, you must file Form return was filed, or within one year after the tax giving rise to the IL-1120-ST reporting the loss in order to carry the loss forward to overpayment was paid, whichever is latest. another year. Federal changes only — File Form IL-1120-ST-X if you have filed If corrections have been made to the loss amount (e.g., federal audit an amended federal return or if you have been notified by the IRS or amended return), you must report the corrected amount when you that they have made changes to your return. This includes any file. change in your federal income tax liability, any tax credit, or the Ensure you have filed returns (i.e., Form IL-1120, Form computation of your federal taxable income as reported for federal IL-1120-ST, Form IL-1041, or Form IL-1065) for all periods in which income tax purposes, if the change affects any item entering into the you were required to file an Illinois return. Unfiled returns may result computation of net income, net loss, or any credit for any year under in disallowed losses, processing delays, and further correspondence the IITA. You must file Form IL-1120-ST-X no later than 120 days from IDOR. after the federal changes have been agreed to or finally determined to avoid a late-payment penalty. If you need more information about Illinois NLD, see Schedule NLD instructions or the 86 Ill. Adm. Code Sections 100.2050 If your federal change decreases the tax due to Illinois and and 100.2300 through 100.2330, available on our website at you are entitled to a refund or credit carryforward, you must file tax.illinois.gov. Form IL-1120-ST-X within two years plus 120 days of federal finalization. What are the carry provisions of the Attach a copy of federal finalization or proof of acceptance from the Illinois NLD? IRS along with a copy of your amended federal form, if applicable, to For tax years ending on or after December 31, 2021, Illinois net your Form IL-1120-ST-X. Examples of federal finalization include a losses cannot be carried back and can only be carried forward for copy of one or more of the following items: 20 tax years. • your audit report from the IRS For tax years ending on or after December 31, 2003, and • your federal record of account verifying your ordinary business before December 31, 2021, Illinois net losses cannot be carried income back, and can only be carried forward for 12 years. However, the carryover period of any net loss that had not expired as of What records must I keep? November 16, 2021, shall be extended from 12 years to 20 years. You must maintain books and records to substantiate any For tax years ending on or after December 31, 1999, and before information reported on your Form IL-1120-ST. Your books and December 31, 2003, all Illinois net losses must be carried back two records must be available for inspection by our authorized agents years (unless an election to only carry forward is made) then forward and employees. 20 years. The election to carry a loss forward only was made by checking the appropriate box on the original or amended loss-year return, whichever showed the loss first. Once the election was made to forgo the Illinois carryback provision, the election was irrevocable. IL-1120-ST Instructions (R-12/22) Page 3 of 27 |
Enlarge image | Losses incurred in tax years ending before December 31, 1999, ILLINOIS DEPARTMENT OF REVENUE can be carried back and carried forward for the periods allowed TAXPAYER CORRESPONDENCE under Internal Revenue Code (IRC) Section 172, for the tax year in PO BOX 19044 which the loss was incurred. In general, losses incurred in tax years SPRINGFIELD IL 62794-9044 beginning Definitions to help you complete your Form • after August 5, 1997, and ending before December 31, 1999, IL-1120-ST. must be carried back two years, then forward 20 years. All references to “income” include losses. • on or before August 5, 1997, must be carried back three years, Base income means federal ordinary income modified by additions then forward 15 years. and subtractions as shown in Steps 2 through 5 of Form IL-1120-ST. For tax years ending on or after December 31, 1996, and See specific instructions for Steps 2 through 5. before December 31, 2003, you may have made the election to forgo Business income means all income (other than compensation) any of the previously mentioned Illinois NLD carryback periods by that may be apportioned by formula among the states in which checking the appropriate box on your loss year return. This election you are doing business without violating the Constitution of the must have been made by the extended due date of your return and United States. All income of a corporation is business income once made was irrevocable for that tax year. unless it is clearly attributable to only one state and is earned or In addition, the special carryover periods in IRC Section 172, as in received through activities totally unrelated to any business you are effect for a particular tax year, would apply to losses incurred in that conducting in more than one state. Business income is net of all year. For example, a “specified liability loss” incurred in 1998 may be deductions attributable to that income. carried back 10 years under IRC Section 172(b)(1)(c). Most income of a corporation is regarded as business income. Also, no limitations under IRC Section 382 or the separate return Consequently, in the case of a corporation other than a personal limitation year provisions of the federal consolidated return holding company, the consistent treatment of income from regulations apply to any NLD carryover. intangibles as business income in filing Illinois tax returns will be presumed correct. What if I have a discharge of indebtedness? If you had discharge of indebtedness income for a taxable year Commercial domicile means the principal place from which your ending on or after December 31, 2008, and all or a portion of trade or business is directed or managed. this income was excluded from your federal gross income due to Nonbusiness income means all income other than business bankruptcy or insolvency, then you may be required to reduce any income or compensation. For more information about the different Illinois net loss you incurred for that year before you determine an types of nonbusiness income, see the instructions for Illinois Illinois NLD. This reduction is made on the Illinois income tax return Schedule NB, Nonbusiness Income. you filed for the loss year using the Loss Reduction Worksheet on A pass-through entity is any entity treated as a partnership, Page 10 of these instructions. Attach a copy of your U.S. Form 982, subchapter S corporation, or trust for federal income tax purposes. Reduction of Tax Attributes Due to Discharge of Indebtedness, to Pass-through entity income is the income that any partnership, your return. For more information, see 86 Ill. Adm. Code Section subchapter S corporation, or trust passes through to its partners, 100.2310(c). shareholders, or beneficiaries. What attachments do I need? Pass-through Entity (PTE) tax is an amount equal to 4.95% When filing your return there are certain types of income items (0.0495) of the taxpayer’s calculated net income for the taxable year and subtraction modifications that require the attachment of paid by a partnership (other than a publicly traded partnership under Illinois or federal forms and schedules. Breakdowns, statements, Section 7704 of the Internal Revenue Code) or an S corporation and other documentation may also be required. Instructions for who elects to pay the tax for taxable years ending on or after these attachments appear throughout the specific instructions for December 31, 2021, and beginning prior to January 1, 2026. completing your return. PTE tax credit is the distributive share of the credit allowed as a All Illinois forms and schedules include an “IL Attachment result of a partnership or S corporation having elected to pay the No.” in the upper right corner of the form. Required attachments PTE tax. should be ordered numerically behind the tax return, as indicated by PTE tax credit is the IL Attachment No. Failure to attach forms and schedules in the • reported to your shareholders on the Schedule K-1-P and proper order may result in processing delays. • reported to IDOR on Form IL-1120-ST and Illinois Schedule B. Required copies of documentation from your federal return or other sources should be attached behind the completed Illinois return. A nonresident individual shareholder of an S Corporation for a taxable year in which the election to pay PTE tax was made shall You must attach a copy of your U.S. Form 1120S, Pages 1 not be required to file an income tax return under the IITA for such through 5, to your Illinois return. taxable year if the only source of net income of the individual (or the Schedule B, Partners’ or Shareholders’ Information, must be individual and the individual’s spouse in the case of a joint return) completed and attached to all Form IL-1120-ST filings. is from an entity making the PTE election and the credit allowed to If you are required to attach any Schedule(s) K-1-P, Partner’s or the shareholder equals or exceeds the individual’s liability for the tax Shareholder’s Share of Income, Deductions, Credits, and Recapture, imposed under subsections (a) and (b) of Section 201 of the IITA for only attach Schedule(s) K-1-P you received which lists your name the taxable year. and FEIN in Step 2 of Schedule K-1-P. Do not attach copies of Pass-through withholding is the amount required to be reported Schedule(s) K-1-P you issued and which lists your name and FEIN and paid by the pass-through entity, who does not elect to pay in Step 1 of Schedule K-1-P. PTE tax, on behalf of its nonresident partners, shareholders, and When filing your Form IL-1120-ST, include only forms and beneficiaries schedules required to support your return. Send correspondence • who have not submitted Form IL-1000-E, Certificate of separately to: Exemption for Pass-through Withholding, to the pass-through entity, and Page 4 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | • who receive business and nonbusiness income from the You must use IllinoisSchedule K-1-P(3), Pass-through Withholding pass-through entity. Calculation for Nonresident Members, to calculate the required Pass-through withholding is tax you must report and pay on behalf of your nonresident shareholders who receive business or nonbusiness income from • reported to your shareholders on the Schedule K-1-P you send your S corporation. You must complete the schedule if you have to them, business or nonbusiness income distributable to Illinois nonresident • reported to IDOR on your Form IL-1120-ST and Illinois shareholders who have not provided you with Form IL-1000-E. Schedule B, and You are required to complete Schedule K-1-P(3) for each such • paid with your return or voluntarily prepaid with shareholder and keep a copy of the completed schedule in your files. Form IL-1120-ST-V. Do not submit Schedule K-1-P(3) to IDOR unless we request it If any of your shareholders are pass-through entities from you. The information entered on this schedule will assist you themselves, they are required to report and pay pass-through in completing Illinois Schedule B. See Schedule K-1-P(1) for more withholding on behalf of their own nonresident partners, information. shareholders, or beneficiaries on the income you passed through. You must use Illinois Schedule B to supply us with a listing of your Your shareholders may claim a credit on their Illinois Income Tax shareholders, certain items of income and credits they received return for pass-through withholding you reported and paid on their from you, and pass-through withholding or PTE tax credit. You must behalf. complete all lines of Illinois Schedule B, as applicable, and file it with S corporations can both make and receive pass-through withholding. your Form IL-1120-ST. • Pass-through withholding you owe on behalf of your What if I am a member of a unitary group? members is a payment of pass-through withholding you make If an S corporation is on behalf of your nonresident shareholders who have not • unitary with a combined group and uses the same taxable submitted Form IL-1000-E to you. This amount will be reported year as the combined group, it should use the Schedule UB, on Form IL-1120-ST, Line 59. Combined Apportionment for Unitary Business Group, prepared • Pass-through withholding reported to you is a credit for by the combined group in completing its Form IL-1120-ST; pass-through withholding you receive on Schedules K-1-P and • unitary with a combined group, but it uses a different taxable K-1-T as a partner, shareholder, or beneficiary of a pass-through year, it must complete a Schedule UB using its own taxable entity. This amount will be reported on Form IL-1120-ST, year; or, Line 65c. • not unitary with a group filing a combined return, it must If you are a nonresident and the pass-through withholding reported to complete its own Schedule UB using its own taxable year. you satisfies your Illinois Income Tax liability, you are not required to file an Illinois Income Tax return. If you had Illinois income from other Unitary members that are S corporations can use the line reference sources and the pass-through withholding made on your behalf does chart in the Schedule UB instructions to help complete Form not cover your liability, you must file a return to report the tax on all IL-1120-ST. of your Illinois income and claim a credit for pass-through withholding Steps 2 and 3 of each separately filed Form IL-1120-ST must be made on your behalf. completed showing only the S corporation’s separate-company All residents and pass-through entities must file their own annual items. The amounts on each member’s Form IL-1120-ST, Lines 14 Illinois Income Tax return to claim a credit for any pass-through through 21 (less Line 20) and Lines 23 through 33 (less Line 24), withholding reported to them. shall be the combined totals shown on Schedule UB, Step 3, Column E. What does taxable in other states mean? The modifications for Form IL-1120-ST Lines 20 and 24 are Taxable in other states means you are subject to and pay “tax” in not included as modifications on the Schedule UB. The amount on another state. “Tax” includes net income tax, franchise tax measured Form IL-1120-ST, Lines 20 or 24 must be computed on the Illinois by net income, franchise tax for the privilege of doing business, Schedule B, Line E Worksheet, found in these instructions. Carry and corporate stock tax. You are considered taxable in another the combined total amounts from Schedule UB, Step 3, Column E state if that state has jurisdiction to subject you to a net income tax, for each line item of the Line E Worksheet. even though that state does not impose such a tax. This definition Use the Line 20 and Line 24 amounts to compute the is for purposes of allocating nonbusiness income and apportioning business income inside or outside Illinois. S corporation’s base income on Form IL-1120-ST, Step 5, Line 35. Check the box on Form IL-1120-ST, Step 5, Line 35 B and complete When must I use Illinois Schedules K-1-P, Form IL-1120-ST, Step 6 by subtracting K-1-P(3), and B? • on Line 36, the combined nonbusiness income of the entire You must use Illinois Schedule K-1-P to supply each shareholder unitary business group, minus the portion allocable to with that individual’s or entity’s share of the amounts reported on shareholders subject to replacement tax, and your federal and Illinois tax returns. For Illinois Income Tax purposes, • on Line 37, the amount received by the entire unitary business you must give a completed Illinois Schedule K-1-P and a copy of the group from non-unitary partnerships, partnerships included on Illinois Schedule K-1-P(2), Partner’s and Shareholder’s Instructions, the Schedule UB, S corporations, trusts, and estates, minus the to each shareholder. Do not file copies of Illinois Schedule K-1-P portion allocable to shareholders subject to replacement tax. that you issue to your shareholders with your Form IL-1120-ST. On Form IL-1120-ST, Step 6, Line 40, include the everywhere sales However, you must keep a copy of each Illinois Schedule K-1-P with amount from Schedule UB, Step 4, Column D, Line 2. On Line 41 your tax records. See Illinois Schedule K-1-P(1), Instructions for of Step 6 of Form IL-1120-ST, include only the S corporation’s Partnerships and S Corporations Completing Schedule K-1-P and Illinois sales. On Form IL-1120-ST, Step 6, Lines 44 and 45, Schedule K-1-P(3), for more information. include only the nonbusiness income of the S corporation, and IL-1120-ST Instructions (R-12/22) Page 5 of 27 |
Enlarge image | the business income or loss apportionable to Illinois received by What if I need additional assistance or forms? the S corporation from trusts, estates, non-unitary partnerships, • Visit our website at tax.illinois.gov for assistance, forms or partnerships included on the Schedule UB, and S corporations schedules. minus the portion of those amounts allocable to shareholders subject to replacement tax. • Write us at: ILLINOIS DEPARTMENT OF REVENUE Schedules used to compute any amounts shown must be attached PO BOX 19001 to Form IL-1120-ST. SPRINGFIELD IL 62794-9001 If you need more information, visit our website at tax.illinois.gov • Call 1 800 732-8866 or 217 782-3336 (TDD, telecommunications and view the Illinois Income Tax Regulations referenced in these device for the deaf, at 1 800 544-5304). and the Schedule UB instructions. • Visit a taxpayer assistance office - 8:00 a.m. to 5:00 p.m. What if I participated in a reportable (Springfield office) and 8:30 a.m. to 5:00 p.m. (all other offices), transaction? Monday through Friday. If you participated in a reportable transaction, including a “listed Where should I file? transaction,” during this tax year and were required to disclose If a payment is enclosed with your return, mail your Form IL-1120-ST that transaction to the IRS, you are also required to disclose that to: information to Illinois. You must send us two copies of the form you ILLINOIS DEPARTMENT OF REVENUE used to disclose the transaction to the IRS. PO BOX 19053 • Mail the first copy of the federal disclosure statement to: SPRINGFIELD IL 62794-9053 ILLINOIS DEPARTMENT OF REVENUE If a payment is not enclosed, mail your Form IL-1120-ST to: PO BOX 19029 ILLINOIS DEPARTMENT OF REVENUE SPRINGFIELD IL 62794-9029 PO BOX 19032 • Attach the second copy to your Illinois Income Tax return for the SPRINGFIELD IL 62794-9032 tax year that the IRS disclosure was required. Mail the second Specific instructions for most of the lines are included. If a specific copy and your Illinois Income Tax return to the address shown line is not referenced, follow the instructions on the form. on your return. Do not mail the second copy and your Illinois Income Tax return to the address listed above. Page 6 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | Specific Instructions Step 1 — Identify your small business P — Enter your North American Industry Classification System (NAICS) Code. If you are unsure of your code, you can research the corporation information at www.census.gov/naics or www.irs.gov. A — All taxpayers: Type or print your legal business name. If you Q — Enter your Illinois corporate file (charter) number assigned to have a name change from last year, check the corresponding box. you by the Illinois Secretary of State. B — Type or print your mailing address. If your address has changed R — If you keep your accounting records in a location different from since you filed your last return or if this is your first return, check the the address indicated on Line B, enter the city, the two-letter state box. abbreviation, and the ZIP Code for the location the records are kept. If you checked the box in Line B because you have never S — If you are making the election to treat all of your income other filed an Illinois return, you must also check the “first return” box in than compensation as business income for this tax year, you must Line C. check the box on this line and enter zero on Step 6, Lines 36 and C — If this is your first or final return, check the appropriate box and 44. This election must be made by the extended due date of this the box on Line 68 if you have a credit carry forward on your final return. Once made, the election is irrevocable. return. T — If you are required to disclose reportable transactions and D — If you checked final return on Line C, answer the questions on you have completed U.S. Form 8886 or U.S. Schedule M-3, Part II, Line D, if applicable. Line 10, check the appropriate box and attach a copy of the federal E — Apportionment Formulas - If you earn income both inside form or schedule to this return. See “What if I participated in a and outside of Illinois, check the appropriate box(es). If you are a reportable transaction?” for more information. unitary business group, check as many boxes as applicable. If more U — Check the box if you must adjust your loss or loss carryover than one box is checked, you must complete a Subgroup Schedule due to Discharge of Indebtedness. For more information, see the for each checked box that is not a sales company. If you earn income instructions for Line 48 and the Loss Reduction Worksheet on only inside Illinois, leave this line blank. For more information, see Page 10 of these instructions and Schedule NLD instructions. the specific instructions for “Apportionment Formulas.” V — Check this box only if you have sales into Illinois and you F — If you are claiming a special depreciation addition or subtraction are not required to allocate them because you are protected modifications on Form IL-1120-ST, check the box and attach by Public Law 86-272. Complete Steps 1 through 7 of your Form IL-4562, Special Depreciation, to your tax return. Form IL-1120-ST. G — If you are claiming other addition or subtraction modifications You must complete an IDOR-issued or previously on Form IL-1120-ST, check the box and attach Schedule M, Other approved Form IL-1120-ST and corresponding schedules. Do Additions and Subtractions (for businesses), to your tax return. not send a computer printout or spreadsheets with line numbers and H — If you are claiming related-party expenses modifications on dollar amounts attached to a blank copy of the return. your Form IL-1120-ST, check the box and attach Schedule 80/20, Related-Party Expenses, to your tax return. Step 2 — Figure your ordinary income or loss I — Check the box if you are claiming deductions or credits listed on If you are a member of a unitary group, enter the figures Illinois Schedule 1299-A, Tax Subtractions and Credits. You must on each line of Step 2 that reflect your separate company income. check the box and attach Illinois Schedule 1299-A and any other See “What if I am a member of a unitary group?” in the General required support listed on Schedule 1299-A to your tax return to Instructions. support any deductions or credits you are claiming or passing to your Lines 1 through 5 — Enter the amount for each line item shareholders. from the corresponding line(s) on your U.S. Form 1120S, J — If you are a unitary business group and completed Schedule K. Attach a copy of your federal return. See the chart below Subgroup Schedule, check this box and attach Subgroup Schedule. to determine the correct corresponding lines. See Subgroup Schedule and Schedule UB Instructions for more U.S. Form 1120S, information. Form IL-1120-ST Schedule K K — Check this box if you are a 52/53-week filer. A 52/53-week filer is a fiscal filer with a tax year that varies from 52 to 53 weeks Line 1 Line 1 because their tax year ends on the same day of the week instead of Line 2 Line 2 the last day of the month. Line 3 Line 3c L — Check this box if you elect to pay PTE tax in an amount equal to 4.95 percent (0.0495) of the taxpayer’s calculated net income for the Line 4 Lines 4, 5a, 6, 7, 8a taxable year on Line 61. Line 5 Line 9 M — Check this box if you are paying Pass-through Entity Under federal law, Paycheck Protection Program (PPP) (PTE) Tax and you annualized your income on Form IL-2220, loan forgiveness is not considered taxable income and the business Computation of Penalties for Businesses. Attach Form IL-2220. expenses covered by the PPP loan proceeds are deductible N — Enter your entire federal employer identification number (FEIN). business expenses. Currently, Illinois tax law has no addition A partial FEIN will delay the processing of your return. modification to change this; therefore, the same treatment flows through to the Illinois return and is included as part of federal taxable O — If you are a member of a group filing as a unitary business, income. check the box and enter the FEIN of the member who prepared Include any items of income or loss from Line 6 — Illinois Schedule UB, Combined Apportionment for Unitary Business U.S. Form 1120S, Schedule K, that are not included on any other line Group. Attach Schedule UB to this return. of Step 2 or Step 3 of this Form IL-1120-ST. IL-1120-ST Instructions (R-12/22) Page 7 of 27 |
Enlarge image | Step 3 — Figure your unmodified base income Line 17 — Enter the addition amount calculated on Form IL-4562, Step 2, Line 4. For more information, see or loss Form IL-4562, Special Depreciation, and Instructions. Attach If you are a member of a unitary group, enter the figures Form IL-4562 to your Form IL-1120-ST. on each line of Step 3 that reflects your separate company income. See “What if I am a member of a unitary group?” in the General Line 18 — Enter the interest or intangible expenses paid to an Instructions. 80/20 company, to the extent these expenses exceed any taxable dividends you received from the affiliated company. To compute the Lines 8 through 10 — Enter the amount for each line item from amount of this addition, complete Step 2 of Illinois Schedule 80/20 the corresponding line on your U.S. Form 1120S, Schedule K. See and enter on Line 18 the total from Illinois Schedule 80/20, the chart on this page to determine the correct corresponding lines. Related-Party Expenses, Step 2, Line 9. Attach Illinois U.S. Form 1120S, Schedule 80/20 to your Form IL-1120-ST. Form IL-1120-ST Some interest and intangible expenses may be exempt from this Schedule K add-back provision. See Illinois Schedule 80/20 Instructions for more Line 8 Line 12a information including definitions of “affiliated company,” “intangible Line 9 Line 11 expenses,” and “intangible assets.” Line 10 Line 12b Line 19 — If you are a partner in a partnership, a shareholder in Line 11 — Include any items of expense an S corporation, or a beneficiary of a trust or an estate, include your distributive share of additions received from the partnership, • you are required to state separately to your shareholders, rather S corporation, trust or estate on Schedules K-1-P or K-1-T. If than include in ordinary income, and you receive multiple schedules because you are a recipient from • that would be taken into account by an individual in computing his multiple entities, you should enter the combined total of Step 5, or her taxable income, and Column A, Lines 32 through 37, from all Illinois Schedules K-1-P • that are not included on any other line of Step 2 or Step 3 of this you receive and Step 5, Column A, Lines 30 through 35, from Form IL-1120-ST. all Illinois Schedules K-1-T you receive. Attach a copy of all Do not include any of the following items on this line: Illinois Schedules K-1-P and K-1-T you received to your Form IL-1120-ST. • net operating loss carryovers; The partnership or S corporation is required to send you an • any qualified business income deduction allowed under IRC Illinois Schedule K-1-P and the trust or the estate is required to send Section 199A; or you an Illinois Schedule K-1-T, specifically identifying your share of • any depletion amounts allowed federally on your oil and gas income. properties; and Include only additions reported to you on the • any excess business interest expense under IRC Section 163(j). Schedule(s) K-1-P or K-1-T you received from a pass-through entity Line 13 — This is your total unmodified base income or loss. in which you are an investing partner or shareholder or a beneficiary. If you are a member of a unitary group this amount Do not attach copies of Schedules K-1-P you issued to your should reflect your separate company income as shown on the partners or shareholders. You should keep copies of these schedules corresponding column of Schedule UB, Step 2, Column A, B, or C, in your records. Line 30. Line 20 — Complete Illinois Schedule B. Illinois Schedule B, Section A, Line 3 represents the share of distributable income or Step 4 — Figure your income or loss loss that is to be added to or subtracted from base income. If the If you are a member of a unitary group, see “What if I am total amount on Illinois Schedule B, Section A, Line 3 is a negative a member of a unitary group?” in the General Instructions, and the amount (loss), it should be entered on Line 20 as a positive amount. instructions for Line 14, below. See the Illinois Schedule B Instructions following these Specific Line 14 — Follow the instructions on the form. Instructions for more information. Attach Illinois Schedule B to your Form IL-1120-ST. If you are a member of a unitary group do not enter the amount from Form IL-1120-ST, Step 3, Line 13. Enter your Line 21 — Enter the addition amount calculated on Illinois combined company income as shown on Schedule UB, Step 2, Schedule M, Other Additions and Subtractions (for businesses), Column E, Line 30. Step 2, Line 11. Attach a copy of Illinois Schedule M to your Form IL-1120-ST. The following are examples of items that must be Do not enter negative amounts on Lines 15 through 21. added to taxable income and are included on Illinois Schedule M. Line 15 — Enter the total of all amounts excluded from unmodified • Notes, bonds, debentures, or obligations issued by the base income that were received or accrued as federally tax-exempt Governments of Guam, American Samoa, Puerto Rico, the interest (e.g. state, municipal and other interest) and all distributions Northern Mariana Islands, or the Virgin Islands. of exempt interest received from regulated investment companies during the tax year. • Deductions you claimed this year and in your two most recent tax years for expenses connected with income from an asset or Line 16 — You must add back any amount of Illinois Replacement activity which were reported as business income in prior years taxes and surcharge that you deducted on your U.S. Form 1120S to and as nonbusiness income on this return. See Illinois Schedule arrive at your ordinary business income. You are not required to add NB, Nonbusiness Income, Line 11, and Illinois Schedule NB back taxes from other states taken as a federal deduction. Instructions for more information. An S corporation that elects to pay PTE tax must add back the amount of that tax deducted federally, in addition to the add back for replacement tax deducted. Page 8 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | Step 5 — Figure your base income or loss The partnership or S corporation is required to send you an Illinois Schedule K-1-P and the trust or the estate is required to send Do not enter negative amounts on Lines 23 through 34. you an Illinois Schedule K-1-T, specifically identifying your share of A double deduction is prohibited by IITA, Section 203(g). subtractions. You cannot deduct the same item more than once. Include only subtractions reported to you on the Line 23 — Enter the total interest received or accrued from Schedule(s) K-1-P or K-1-T you received from a pass-through entity federal Treasury bonds, notes, bills, federal agency obligations, in which you are an investing partner or shareholder or a beneficiary. and savings bonds included in ordinary business income. You may Do not attach copies of Schedules K-1-P you issued to your not subtract anything that is not identified in Illinois Publication 101, partners or shareholders. You should keep copies of these schedules Income Exempt from Tax. This amount is net of any bond premium in your records. amortization deducted federally. Line 33 — Enter the subtraction amount calculated on Illinois Line 24 — Complete Illinois Schedule B. Illinois Schedule B, Schedule M, Step 3, Line 36. Attach a copy of Illinois Schedule M Section A, Line 3 represents the share of distributable income or to your Form IL-1120-ST. loss that is to be added to or subtracted from base income. If the You may not subtract anything that is not identified below, total amount on Illinois Schedule B, Section A, Line 3 is a positive on Schedule M (for businesses), or in Illinois Publication 101. amount, enter that amount on Line 24. If the total amount on Illinois Subtractions allowed on Illinois Schedule M include: Schedule B, Section A, Line 3 is negative, leave Line 24 blank and see the instructions for Line 20. For more information, see the Illinois • notes, bonds, debentures, or obligations issued by the Schedule B Instructions following these Specific Instructions. Attach Governments of Guam, American Samoa, Puerto Rico, the Illinois Schedule B to your Form IL-1120-ST. Northern Mariana Islands, or the Virgin Islands, to the extent that you were required to add these amounts to your federal ordinary Lines 25 through 29 —You must attach Illinois income. Schedule 1299-A and any other required support listed on Schedule 1299-A to your Form IL-1120-ST if you have an amount • the refund of Illinois replacement tax for a prior year, to the extent on any of the following lines. included in your federal ordinary income. Line 25 — Enter the River Edge Redevelopment Zone Dividend • any other income included on Step 4, Line 22, exempt from subtraction from Illinois Schedule 1299-A, Step 1, Line 3. taxation by Illinois by reason of its Constitution or statutes or by the Constitution, treaties, or statutes of the United States. Line 26 — For financial organizations only — Enter the This amount is net of any bond premium amortization deducted River Edge Redevelopment Zone Interest subtraction from Illinois federally. For more information, see Illinois Publication 101. Schedule 1299-A, Step 1, Line 12. • the amount equal to the deduction used to compute the federal Line 27 — Enter the High Impact Business Dividend subtraction tax credit for restoration of amounts held under claim of right from Illinois Schedule 1299-A, Step 1, Line 6. under IRC Section 1341. Line 28 — For financial organizations only — Enter the High • the deductions for “foreign dividend gross-up (IRC Section 78),” Impact Business within a Foreign Trade Zone (or sub-zone) Interest “subpart F income,” or foreign dividends which are allowed as subtraction from Illinois Schedule 1299-A, Step 1, Line 15. a subtraction modification under IITA, Sections 203(b)(2)(G) Line 29 — Enter the amount of any Contribution subtraction from and 203(b)(2)(O). You must provide supporting attachments Illinois Schedule 1299-A, Step 1, Line 9. clearly identifying each item taken as a subtraction. Line 30 — Enter the subtraction allowance from Form IL-4562, • contributions you made under the Tax Increment Allocation Step 3, Line 13. Attach Form IL-4562 to your Form IL-1120-ST. Redevelopment Act to a job training project. For more information, Line 31 — Enter the amount from Illinois Schedule 80/20, Step 4, see FY Bulletin 1990-40. Line 23. Attach Illinois Schedule 80/20 to your Form IL-1120-ST. Line 35 — This is your base income or loss. You should use Illinois Schedule 80/20 if Follow the instructions on the form and check a box on Line A or B. • you added back interest paid to an affiliated company on Step 4, You must check one of these boxes and follow the instructions for Line 18. You may subtract any interest received from that that line. company during this tax year, up to the amount of your addition Check the box on Line A if for interest expense paid to that company. Also, if you added back • all of your base income or loss is derived inside Illinois; and intangible expenses from a transaction with an affiliated company on Line 18, you may subtract any income you received during • you do not have any income or loss to report on Lines 36, 37, 44, the tax year from similar transactions with the affiliated company, or 45. up to the amount of your addition for intangible expense for that If you check the box on Line A, do not complete Step 6. All of company. To compute the amount of this subtraction, complete your base income or loss is allocable to Illinois. Skip Step 6, enter the Illinois Schedule 80/20. amount from Step 5, Line 35 on Step 7, Line 47, and complete the • you are an affiliated company, and you received interest remainder of the return. or intangible income from someone who had to add back the Check the box on Line B if any of the following apply: interest and intangible expense on their Illinois Schedule 80/20. • your base income or loss is derived inside and outside Illinois; You may subtract your interest or intangible income from that person. • all of your base income or loss is derived outside Illinois; or Line 32 — Enter your distributive share of subtractions passed • you have income or loss to report on Lines 36, 37, 44, or 45. through to you by a partnership, S corporation, trust, or estate on If you check the box on Line B, you must complete all lines of Schedule(s) K-1-P, Partner’s or Shareholder’s Share of Income, Step 6. Submitting Form IL-1120-ST with an incomplete Step 6, Deductions, Credits, and Recapture, or K-1-T, Beneficiary’s Share including Lines 40, 41, and 42 may result in a delay in processing of Income and Deductions. Do not include any amounts passed your return, further correspondence, and you may be required to through that are reflected on Illinois Schedule 1299-A. Attach a copy submit further information to support your filing. See the Specific of all Illinois Schedules K-1-P and K-1-T you received to your Instructions for Step 6 for more information. Form IL-1120-ST. IL-1120-ST Instructions (R-12/22) Page 9 of 27 |
Enlarge image | Step 6 — Figure your income allocable to If you are a partner engaged in a unitary business with your partnership, you must include your distributable share of Illinois the partnership’s business income in your business income. Do not You must check the box on Line B and complete all lines of Step subtract this business income on Line 37. 6 if any portion of Line 35, base income or loss, is derived outside Lines 40 through 42 — Illinois, or you have any income or loss to report on Lines 36, 37, 44, or 45. You must complete Lines 40 through 42 if any of the following apply: If you do not complete all of Step 6, Lines 36 through 46, we may • your business income or loss is derived inside and outside Illinois; issue a notice and demand proposing 100 percent of income as • all of your business income or loss is derived outside Illinois; or being allocable to Illinois, or in the case of a loss return, a notice • you have income or loss to report on Lines 36, 37, 44, or 45. indicating none of your loss as being allocated to Illinois. Follow specific instructions below for Lines 40 through 42. In order to properly allocate your base income or loss you need to If you are a financial organization, transportation determine what portion of the total base income is business income company, sales company, or federally regulated exchange, check or loss that is to be apportioned among all the states in which you do the appropriate box in Step 1, Line E (financial organization, business, and what portion is nonbusiness income or loss that is to transportation company, sales company, or federally regulated be allocated to a particular state. exchange) and see “Apportionment Formulas” in these instructions. Unitary filers - You must complete both Step 4 of the If you are a partner engaged in a unitary business Schedule UB and Step 6 of the Form IL-1120-ST. with your partnership, you must include your distributive share of the “everywhere” and “Illinois” sales factors from the partnership in your Line by Line Instructions “everywhere” and “Illinois” sales factors. For more information, see You must complete all lines of Step 6. 86 Ill. Adm. Code Section 100.3380(d). Line 36 — Enter the amount of all nonbusiness income or loss Line 40 — Enter your total sales everywhere. included in base income, net of any related deductions and any amount distributable to shareholders subject to replacement tax, Line 41 — Enter your total sales inside Illinois. If you have no sales in Illinois, enter zero. from Illinois Schedule NB, Column A. Include any nonbusiness income you received from Illinois Schedules K-1-P or K-1-T Lines 40 and 41 cannot be less than zero. The amount on in the amounts reported on Schedule NB. Attach Illinois Line 41 cannot exceed the amount on Line 40. Schedule NB and all Illinois Schedules K-1-P or K-1-T you Line 42 — Divide Line 41 by Line 40 and enter the result, received to your Form IL-1120-ST. If you do not have an amount to rounded to six decimal places. The result cannot be greater than one report on this line, enter zero. or less than zero. If you are making the election to treat all income other than If you checked the box on Line 35B and do not complete compensation as business income for this tax year, you must check Lines 40, 41, and 42 we may issue a notice and demand proposing the box in Step 1, Line S, and enter zero here and on Line 44. This 100 percent of your income as being allocated to Illinois, or in the election must be made by the extended due date of this return. case of a loss return, a notice indicating none of your loss as being Once made, the election is irrevocable. allocated to Illinois. Line 37 — Enter the amount of all business income or loss Line 44 — Enter the amount of nonbusiness income or loss included in base income received from any non-unitary partnership, allocable to Illinois from Illinois Schedule NB, Column B. Include partnership included on a Schedule UB, S corporation, trust, or any nonbusiness income you received from Illinois Schedules K-1-P estate of which you are a partner or a beneficiary, net of any amount or K-1-T in the amounts reported on Schedule NB. This amount is distributable to shareholders subject to replacement tax. See Illinois net of the portion of your Illinois nonbusiness income distributable Schedule K-1-P(2), Partner’s and Shareholder’s Instructions, or to shareholders subject to replacement tax. Attach a copy of Schedule K-1-T(2), Beneficiary’s Instructions for more information. Schedule NB and all Illinois Schedules K-1-P and K-1-T you Attach a copy of all Illinois Schedules K-1-P and K-1-T you received to your Form IL-1120-ST. If you do not have an amount to received to your Form IL-1120-ST. If you do not have an amount to report on this line, enter zero. report on this line, enter zero. If you checked the box in Step 1, Line S, making the election The partnership or S corporation is required to send you to treat all of your income other than compensation as business an Illinois Schedule K-1-P and Schedules K-1-P(2) and the trust or income, then enter zero on Line 44. the estate is required to send you an Illinois Schedule K-1-T and K-1-T(2) specifically identifying your share of income. Loss Reduction Worksheet 1 Enter the amount of the reduction to your federal net operating losses from U.S. Form 982. 1 _________________ 2 Enter your income allocation ratio. See instructions. 2 _________________ 3 Multiply the amount on Line 1 by Line 2. This is your reduction amount. Enter the result here and on Form IL-1120-ST, Line 48. 3 _________________ Line 2 — Your income allocation ratio is calculated by dividing the amount of debt cancellation income excluded from your gross income that would have been allocated or apportioned to Illinois under the IITA if it was not excluded by the total amount of debt cancellation income excluded from your gross income. If all of your debt cancellation income would have been business income, use the apportionment factor you calculated on the return for the tax year of the debt cancellation. Page 10 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | Line 45 — Enter the amount of the income or loss reported on If any of the loss being claimed on Line 50, originated from a Step 6, Line 37 that is apportionable to Illinois as reported by the company other than the one filing this return, check the box on non-unitary partnership, partnership included on a Schedule UB, Line 50 and attach a detailed statement to your return with trust, or estate on Illinois Schedules K-1-P or K-1-T, net of the portion • the FEIN of the company from which you acquired the loss, distributable to shareholders subject to replacement tax. See Illinois • the reason (e.g., merger) you are allowed to use that company’s Schedules K-1-P(2) or K-1-T(2) for more information. Attach a copy losses, and of all Illinois Schedules K-1-P and K-1-T you received to your Form IL-1120-ST. If you do not have an amount to report on this line, • the date you acquired the loss. enter zero. For more information, see the Schedule NLD instructions. Step 7 — Figure your net income Step 8 — Figure the taxes, surcharges, pass- Line 47 — Follow the instructions on the form. If this amount is through withholding, and penalty you owe a loss, you may be allowed to carry it forward to other years as an Illinois net loss deduction (NLD). Line 52 — Follow the instructions on the form. Line 48 — If the amount on Line 47 is a loss, and you Line 53 — Enter your recapture of investment credits from Illinois were required to reduce the net operating loss reported on Schedule 4255, Recapture of Investment Tax Credits, Step 5, your U.S. Form 1120S because you excluded any discharge of Column D, Line 20. indebtedness income from this tax year’s gross income, then you If you claimed an Illinois investment tax credit in a prior year on may be required to reduce the net loss reported on Line 47. Use Form IL-477, Replacement Tax Investment Credits, and any of the Loss Reduction Worksheet on Page 10 to figure your loss the property was disqualified within 48 months of being placed in reduction. Attach a copy of your U.S. Form 982, Reduction of service, you must use Illinois Schedule 4255 to compute the amount Tax Attributes Due to Discharge of Indebtedness, and a detailed of recapture. Credit must be recaptured in the year the property statement, including the amounts and tax year, of the debt became disqualified. and reason for reduction to your Form IL-1120-ST. For more Line 55 — Enter the amount from Form IL-477, Step 1, Line 13. information, see 86 Ill. Adm. Code Section 100.2310(c). Attach Form IL-477 and any other required support listed on Line 49 — If you have a discharge of indebtedness adjustment Form IL-477 to your Form IL-1120-ST. on Line 48, add lines 47 (a negative number) and 48 (a positive You may claim a replacement tax investment credit of .5 percent number), and enter the result here. This amount cannot be greater (.005) of the basis of qualified property placed in service in Illinois than zero. If you do not have a discharge of indebtedness during the tax year. adjustment, enter zero on Line 48 and the amount from Line 47 on Line 49. An additional credit of up to .5 percent (.005) of the basis of qualified property is available if your Illinois base employment increased by Line 50 — Enter your Illinois net loss deduction carryforward 1 percent (.01) or more over the preceding year or if your business as determined on Illinois Schedule NLD, Step 1, Line 7, total box. is new to Illinois. Excess credit may be carried forward for five Attach Illinois Schedule NLD to your Form IL-1120-ST. years following the excess credit year. For more information, see If you are a cooperative and you separate your patronage and Form IL-477 Instructions. nonpatronage income or loss, complete Schedule INL, Illinois Net Line 57 — Compassionate Use of Medical Cannabis Program Act Loss Adjustments for Cooperatives and REMIC Owners, and follow surcharge. the instructions for computation of your Illinois net loss deduction. Surcharge Worksheet for IL-1120-ST Instructions: Complete the appropriate column for the surcharge(s) A B you are claiming. Compassionate Use Sale of assets of Medical Cannabis by gaming Program Act licensee 1 Enter your federal income tax liability for the taxable year. 1 ______________ 1 ______________ 2 Enter your federal income tax liability for the taxable year computed as if “transactions subject to the surcharge” made in that year had not been made by the organization registrant in Column A or a gaming licensee in Column B. 2 ______________ 2 ______________ 3 Subtract Line 2 from Line 1. Enter the result here. Enter the Column A total on Form IL-1120-ST, Step 8, Line 57 and the Column B total on Form IL-1120-ST, Step 8, Line 58. 3 ______________ 3 ______________ Line 1 — Members of consolidated groups must enter the consolidated federal income tax liability of the affiliated group for the taxable year. Line 2 — Members of consolidated groups must enter the federal income tax liability of the affiliated group for the taxable year computed as if the transactions subject to surcharge for which taxable income or gain was recognized in that taxable year had not been made. IL-1120-ST Instructions (R-12/22) Page 11 of 27 |
Enlarge image | Definitions The amount of the surcharge is equal to the amount of taxable gains Organization registrantmeans a corporation, partnership, trust, tax liability for the taxable year attributable to the transactions subject limited liability company (LLC), or other organization, that holds to the surcharge. either a medical cannabis cultivation center registration issued by the To whom does the surcharge apply? Illinois Department of Agriculture or a medical cannabis dispensary The surcharge is imposed on any taxpayer who incurs a federal registration issued by the Illinois Department of Financial and income tax liability on the income realized on a “transaction subject Professional Regulation. to the surcharge,” including individuals and other taxpayers who Transactions subject to the surchargemeans sales and are not themselves the “gaming licensee” that engaged in the exchanges of transaction. • capital assets; The surcharge imposed shall not apply if • depreciable business property; • the organization gaming license, organization license, or • real property used in the trade or business; and racetrack property is transferred as a result of any of the following: • Section 197 intangibles of an organization registrant. • bankruptcy, a receivership, or a debt adjustment initiated by or against the initial licensee or the substantial owners of What is the surcharge? the initial licensee; For each taxable year beginning or ending during the Compassionate • cancellation, revocation, or termination of any such license Use of Medical Cannabis Program, a surcharge is imposed on all by the Illinois Gaming Board or the Illinois Racing Board; taxpayers on income arising from the transactions subject to the • a determination by the Illinois Gaming Board that transfer of surcharge of an organization registrant under the Compassionate the license is in the best interests of Illinois gaming; Use of Medical Cannabis Program Act. • the death of an owner of the equity interest in a licensee; The amount of the surcharge is equal to the amount of federal income tax liability for the taxable year attributable to the transactions • acquisition of a controlling interest in the stock or subject to the surcharge. For an S corporation, this would be a tax on substantially all of the assets of a publicly traded company; built-in gain realized on the transaction. • a transfer by a parent company to a wholly owned To whom does the surcharge apply? subsidiary; The surcharge is imposed on any taxpayer who incurs a federal • the transfer or sale to or by one person to another person income tax liability on the income realized on a “transaction subject where both persons were initial owners of the license when to the surcharge,” including individuals and other taxpayers who the license was issued; or are not themselves the “organization registrant” that engaged in the • the controlling interest in the organization gaming license, transaction. organization license, or racetrack property is transferred in a A line has been included on Schedules K-1-P and K-1-T to identify transaction to lineal descendants in which no gain or loss is the amount of taxable gains attributable to transactions subject to the recognized or as a result of a transaction in accordance with surcharge that was passed through to you on U.S. Schedule K-1. Section 351 of the Internal Revenue Code in which no gain or loss is recognized; or Although a unitary business group filing combined Illinois returns is treated as a single taxpayer and its members are jointly • live horse racing was not conducted in 2010 at a racetrack and severally liable for any surcharge imposed on the group, the located within 3 miles of the Mississippi River under a license group itself is not an organization registrant and transactions of any issued pursuant to the Illinois Horse Racing Act of 1975. member that is not itself an organization registrant are not subject to The transfer of an organization gaming license, organization license, the surcharge. or racetrack property by a person other than the initial licensee to How do I figure the surcharge? receive the organization gaming license is not subject to a surcharge. If the surcharge applies to you, complete the Surcharge Worksheet A line has been included on Schedule K-1-P and Schedule on Page 11. K-1-T, to identify the amount of federal income attributable to transactions subject to the surcharge that was passed through to you For more information, see 86 Ill. Adm. Code Section 100.2060. on U.S. Schedule K-1. Line 58 — Sale of assets by gaming licensee surcharge Although a unitary business group filing combined Illinois Definitions returns is treated as a single taxpayer and its members are jointly Gaming licensee is an organization licensee under the Illinois Horse and severally liable for any surcharge imposed on the group, the Racing Act of 1975 and/or an organization gaming licensee under group itself is not a gaming licensee and transactions of any member the Illinois Gambling Act. that is not itself a gaming licensee are not subject to the surcharge. Transactions subject to the surcharge means sales and How do I figure the surcharge? exchanges of If the surcharge applies to you, complete the Surcharge Worksheet • capital assets; on Page 11. • depreciable business property; Line 59 — Complete all sections of Illinois Schedule B and • real property used in the trade or business; and enter the amount from Illinois Schedule B, Section A, Line 5 on this line. This is the amount of pass-through withholding you owe • Section 197 intangibles of a gaming licensee. on behalf of your members. Attach Illinois Schedule B to your What is the surcharge? Form IL-1120-ST. See “Definitions to help you complete your For each taxable year 2019 through 2027, a surcharge is imposed on Form IL-1120-ST” in these instructions for more information. all taxpayers on income arising from the transactions subject to the Do not include any amount from Schedule B, Section B, surcharge of a gaming licensee. Line K, PTE tax credit paid to members, or Line L, PTE tax credit received and distributed to members. Page 12 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | PTE Income Worksheet 1 Base Income from Line 35. 1 00 2 Amount from Line 24. 2 00 3 PTE base income. Add Lines 1 and 2. 3 00 4 Nonbusiness income or loss. 4 00 5 Business income or loss included in Line 3 from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates. 5 00 6 Add Lines 4 and 5. 6 00 7 Business income or loss. Subtract Line 6 from Line 3. 7 00 8 Total sales everywhere. This amount cannot be negative. 8 00 9 Total sales inside Illinois. This amount cannot be negative. 9 00 10 Divide Line 9 by Line 8. Round to six decimal places. 10 11 Business income or loss apportionable to Illinois. Multiply Line 7 by Line 10. 11 00 12 Nonbusiness income or loss allocable to Illinois. 12 00 13 Business income or loss apportionable to Illinois from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates. 13 00 14 PTE Income. Add Lines 11 through 13. Enter this amount on Line 60. 14 00 PTE Worksheet Instructions Lines 1 through 3 — Follow the instructions on the worksheet. Lines 4 and 12 — Complete a pro forma Illinois Schedule NB allocating nonbusiness income amounts to Illinois including the portion of nonbusiness income or loss distributable to shareholders subject to replacement tax reported from Form IL-1120-ST, Lines 20 and 24. Line 5 through 11 — Follow the instructions for Form IL-1120-ST, Lines 37 through 43. Line 13 — Follow the instructions for Form IL-1120-ST, Line 45, but do not include income from a partnership or S corporation that made the PTE election. Do not include on Line 59 any pass-through withholding Line 65a — Enter the sum of any overpayment from your prior reported to you on Schedule(s) K-1-P or K-1-T. Pass-through year tax returns that you requested to be applied to this year’s tax withholding amounts reported to you are included on Step 9, return. Take into account any correspondence we may have sent Line 65c. you that changed the amount of your credit carryforward from the previous year. Line 60 — Complete this line if you elect to pay PTE tax on your calculated base income. Follow the instructions on the PTE Income Line 65b — Enter the sum of any Worksheet on Page 13 to determine the amount to enter on this • estimated payments or tax prepayments made before the date line. The total amount of PTE credit allocated to shareholders this return was filed. cannot exceed the PTE liability reported and actually paid by the • extension payments or other voluntary prepayments made S corporation. before the original due date of the return. Line 61 — Follow the instructions on the form. Do not include any • payment made before the date this return is filed. PTE tax credit you received on Schedule(s) K-1-P or K-1-T on Enter the amount you wish to claim of Illinois Line 65c — this line. pass-through withholding reported to you by partnerships, If you complete Line 61, then Line 59 should be blank. S corporations, or trusts on Schedule(s) K-1-P or K-1-T. If you have Line 63 — If you elected to pay PTE tax and your total tax liability is received more than one Schedule K-1-P or K-1-T, add the amounts $500 or more, enter the amount of any self-assessed underpayment you wish to claim from all the schedules and enter the total here. of estimated tax penalty you figured on Form IL-2220, Penalty Attach copies of the Schedules K-1-P and K-1-T you received Worksheet 1, Line 22. from the pass-through entities to your Form IL-1120-ST. If you annualized your income in Step 6 of Form IL-2220, be sure Schedules K-1-P and K-1-T, Step 1, Line 3, must be completed to check the box in Step 1, Line M of this Form IL-1120-ST. Attach a or the pass-through withholding reported on this line may not be completed Form IL-2220 to your Form IL-1120-ST. credited to your return. If you do not need to annualize your income and do not See “Definitions to help you complete your Form IL-1120-ST” in wish to complete Form IL-2220, we encourage you to let us figure these instructions for more information. your penalties and interest and send you a bill instead of determining Do not include any pass-through withholding you owe on these amounts yourself. We will compute any penalty or interest due behalf of your members on this line. Pass-through withholding you and notify you. owe on behalf of your members are included on Step 8, Line 59. Step 9 — Figure your refund or balance due Line 65d — Enter the amount of any Illinois gambling and sports wagering winnings withholding shown on Forms W-2G. Do not include any PTE tax or PTE tax credit on Attach U.S. Forms W-2G. Lines 65a through 65d. PTE tax is reported on Line 61 and PTE Tax credit is reported for each member on Schedule B, Section B, Line L. IL-1120-ST Instructions (R-12/22) Page 13 of 27 |
Enlarge image | Line 68 — Enter the amount of overpayment you elect to be Example 2: You file your 2022 calendar-year return on or carried forward to your next tax year. Check the box on this line before the extended due date of your return requesting $500 if this is your final return and any remaining carryforward is being be applied as a credit. Your overpayment includes payments transferred to another entity. Attach a detailed statement to your of $400 you made before the original due date of your return, return listing the FEIN of the entity receiving the credit carryforward, and a $100 payment you made on June 1, 2023. Your credit the date the credit was transferred, and the reason for the transfer. of $400 will be considered to be paid on March 15, 2023. Step 1, Line C, must also be completed if you are The remaining $100 credit will be considered to be paid on transferring an overpayment to another entity. June 1, 2023. Your credit carryforward will not be applied if you do not file a after the extended due date of your return, your credit is processable return. considered to be paid on the date you filed the return on which you made the election. Your credit carryforward may be reduced by us due to corrections we make to your return, or to satisfy any unpaid tax, Example 3: You file your 2022 calendar-year return on penalty, and interest due for this year or any other year. If we reduce December 1, 2023, requesting $500 be applied as a your credit carryforward, it may result in a late-payment penalty in a credit. Your credit of $500 will be considered to be paid on subsequent year. December 1, 2023, because you filed your return after the extended due date of your 2022 calendar-year return. To which tax year will my credit apply? If you are filing your return after the extended due date, you If your 2022 return was filed may only elect to claim an overpayment credit for payments received on or before the original filing and payment due date of your on or before the date you filed your return. Any payments made after return, your credit will be applied to the next full tax year, unless the date you filed that return can only be claimed as an overpayment you elect to apply the credit to a different tax year. credit on a subsequent amended return. Example 1: You file your 2022 calendar-year return on May I apply my credit to a different tax year? March 1, 2023, requesting to receive your overpayment as Yes. If you wish to apply your credit to a tax year other than the one a credit. March 1, 2023, falls before the original filing and during which you file this return, you must submit a separate request payment due date of the 2022 tax year (March 15, 2023, for in writing to: calendar-year filers). Your credit will be applied against your 2023 tax year liability. ILLINOIS DEPARTMENT OF REVENUE PO BOX 19004 after the original filing and payment due date of your return, SPRINGFIELD IL 62794-9004 your credit will be applied to the next full tax year in which timely Submit your request at the time you file your return. Do not payments can be made as of the date you are filing this return, submit your return to this address. unless you elect to apply the credit to a different tax year. Your request must include Example 2: You file your 2022 calendar-year return on August 4, 2023, requesting to receive your overpayment • your name, as a credit. August 4, 2023, is after the original filing and • your FEIN, payment due date of the 2022 tax year (March 15, 2023 • the tax year of the return creating the overpayment, and for calendar-year filers), but is before the original filing and payment due date of the 2023 tax year (March 15, 2024, for • the tax year you wish to have the credit apply. calendar-year filers). Your credit will be applied against your If you do not follow these instructions, your election will be 2023 tax year liability. considered invalid and we will not apply your credit as you requested. Example 3: You file your 2022 calendar-year return on If you submit a valid request, we will apply your credit as you April 23, 2024, requesting to receive your overpayment requested and notify you. Once made, your election to change the as a credit. April 23, 2024, is after the original filing and tax year to which your credit will apply is irrevocable. Requests will payment due date of the 2023 tax year (March 15, 2024, be worked in the order we receive them. for calendar-year filers), but is before the original filing and You may only apply your credit to tax years occurring after payment due date of the 2024 tax year (March 17, 2025, for the year of the return creating the overpayment. If you request to calendar-year filers). Your credit will be applied against your apply more credit than our records show you have available, we 2024 tax year liability. will apply the maximum amount available and notify you of the With what date will my credit apply against my difference. tax liability? Line 69 — Follow the instructions on the form. Your refund will not If your 2022 return was filed be issued if you do not file a processable return. on or before the extended due date of your return Your refund may be reduced by us to satisfy any unpaid tax, (October 16, 2023, for calendar-year filers), your credit is penalty, and interest due for this year or any other year. considered to be paid on the original due date of this return Line 70 — Direct deposit information. (March 15, 2023, for calendar-year filers). If you choose to deposit your refund directly into your checking or However, if all or a portion of your overpayment results from savings account, you must payments made after the original due date of this return, that • Enter your routing number. portion of your credit is considered to be paid on the date you • For a checking account, your routing number must be nine made the payment. digits and the first two digits must be 01 through 12 or 21 Example 1: You file your 2022 calendar-year return on or through 32. before the extended due date of your return requesting $500 The sample check following these instructions has an be applied as a credit. All of your payments are made before example of a routing number. the original due date of your return. Your credit of $500 will be considered to be paid on March 15, 2023. Page 14 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | • For a savings account, you must contact your financial Step 10 — Signature, date, and paid preparer’s institution for your routing number. information • Check the appropriate box to indicate whether you want your You must sign and date your return. If you do not sign your return, refund deposited into your checking or savings account. it will not be considered filed and you may be subject to a nonfiler • Enter your account number. penalty. • For a checking account, your account number may be up to If you pay someone to prepare your return, the income tax return 17 digits. preparer must also sign and date the return, enter the preparer tax identification number (PTIN) issued to them by the Internal Revenue The sample check following these instructions has an Service, and provide their firm’s name, FEIN, address, and phone example of an account number. number. • For a savings account, you must contact your financial If you want to allow the paid preparer listed in this step to discuss institution for your account number. this return with IDOR, check the box. This authorization will allow Do not use your account and routing numbers from your checking your paid preparer to answer any questions that arise during the or savings accountdeposit slip.Do not include your check number. processing of your return, call us with questions about your return, Include hyphens, but omit spaces and special symbols. You may and receive or respond to notices we send. The authorization will have unused boxes. automatically end no later than the due date for filing your 2023 tax If your financial institution does not honor your request for return (excluding extensions). You may revoke the authorization at direct deposit, we will send you a check instead. any time by calling or writing us. We do not support international ACH transactions. We will only deposit refunds into accounts located within the United States. If your financial institution is located outside the United States, we will send you a check instead of depositing your refund into your account. Line 71 — Follow the instructions on the form. This is your amount of tax due that must be paid in full if $1 or more. If you are not paying electronically, complete Form IL-1120-ST-V, Payment Voucher for Small Business Corporation Replacement Tax, make your check or money order payable to “Illinois Department of Revenue” and attach them to the front of the return. If you are paying electronically do not complete and attach a payment voucher. You should also enter the amount you are paying in the box located on the top of Page 1 of the Form IL-1120-ST. We encourage you to let us figure your penalties and interest and send you a bill instead of determining these amounts yourself. We will compute any penalty and interest due and notify you. See General Information, “What are the penalties and interest?” IL-1120-ST Instructions (R-12/22) Page 15 of 27 |
Enlarge image | Apportionment Formulas Certain businesses that derive their income from inside and outside For radio and television broadcasting (including cable and satellite Illinois require an apportionment formula. The following definitions will broadcasting), the following sales are in Illinois: help in completing Step 6. • advertising revenue received from an advertiser whose A Business income — See General Information, “Business income” headquarters is in Illinois; under “Definitions to help you complete your Form IL-1120-ST.” • fees received by a broadcaster from its viewers or listeners in B Financial organization — Any bank, bank holding company, Illinois; trust company, savings bank, industrial bank, land bank, safe • in the case of fees received by a broadcaster from the producer deposit company, private banker, savings and loan association, or other owner of the contents of a program, the percentage of building and loan association, credit union, currency exchange, the fees equal to the percentage of the broadcast’s viewing or cooperative bank, small loan company, sales finance company, listening audience located in Illinois; or investment company, or any person owned by a bank or bank • in the case of a person who owns the contents of a program and holding company. who provides the contents to a broadcaster for a fee or other C Revenue miles — A revenue mile is the transportation of one charge, the fees received for that program from a broadcaster passenger, or one net ton of freight, the distance of one mile. located in Illinois. D Federally regulated exchange — A federally regulated exchange If the “sales everywhere” amount includes gross receipts from is the licensing, sale, or other disposition of patents, copyrights, • a regulated entity as defined in 7 U.S.C. Sections 1a (40)(A), trademarks, and other similar items of intangible personal property, 1a (40)(B), or 1a (40)(C); and the receipts are not covered by the broadcasting rules, then • an exchange or clearing agency as defined in 15 U.S.C. Sections these receipts should be allocated in Illinois to the extent the item 78c (a)(1) or 78c (a)(23); is used in Illinois during the year the gross receipts are included in • any entity regulated under any successor regulatory structure to a gross income. registered entity, exchange, or clearing agency; or An item is used in Illinois if • any member of the same unitary group if 50 percent or more of • a patent is employed in production, fabrication, manufacturing, or the business receipts of the unitary business group for the taxable other processing in Illinois or if the patented product is produced year are attributable to the matching, execution, or clearing of in Illinois; transactions conducted by members of the group described in the • copyrighted material is printed or other publications originated in first three bullet points above. Illinois; or What if I am a sales company? • the commercial domicile of the licensee or purchaser of a trademark or other item of intangible personal property is in If you checked the box in Step 1, Line E, indicating that you are a Illinois. sales company and your income is derived from inside and outside Illinois, you must also check Step 5, Box 35B. Apportion your If you cannot determine from your (or related party’s) books business income as follows: and records in which state an item is used, do not include the gross Include gross receipts from the license, sale, or other disposition receipts from that item in the numerator or the denominator of the of patents, copyrights, trademarks, and similar items of intangible sales factor. personal property in the numerator and denominator of your sales For sales of telecommunications services, the following sales are in factor only if these gross receipts are more than 50 percent of the Illinois: total gross receipts included in gross income for this tax year and • sales of telecommunications service sold on a call-by-call basis, each of the two immediately preceding tax years. where the call both originates and terminates in Illinois, or the Do not include the following items of income in the numerator or call either originates or terminates in Illinois and the customer’s denominator of your sales factor: service address is in Illinois; • dividends; • retail sales of postpaid telecommunications service if the point of • amounts included under IRC Section 78; origination of the signal is in Illinois; • retail sales of prepaid telecommunications service where • IRC Section 965 inclusion; the purchaser receives the prepaid card or other means of • Global Intangible Low-Taxed Income (GILTI) income under conveyance at a location in Illinois; IRC Section 951A; • charges imposed at a channel termination point in Illinois; • subpart F income as defined in IRC Section 952; and • charges for channel mileage between two channel termination • any item of income excluded or deducted from base income. points in Illinois; For more information on what should be included in the numerator • charges for channel mileage between one or more channel or denominator of your sales factor, see 86 Ill. Adm. Code Sections termination points in Illinois and one or more channel termination 100.3370 and 100.3380. points outside Illinois, times the number of channel termination points Sales of tangible personal property are in Illinois if in Illinois divided by total termination channels; • the property is delivered or shipped from anywhere to a purchaser • charges for services ancillary to sales of services in Illinois. If you in Illinois, other than the United States government, regardless of provide ancillary services, but cannot determine where the sales the Free on Board (f.o.b.) point or other conditions of the sale; of the related services are located, your sales are in Illinois if your • the property is shipped from Illinois to any place and the purchaser customer is in Illinois; is the United States government; or • access fees charged to a reseller of telecommunication for a call • the property is shipped from Illinois to another state and you are that both originates and terminates in Illinois; not taxable in the state of the purchaser. • 50 percent of access fees charged to a reseller of telecommunications services for an interstate call that originates or terminates in Illinois; and Page 16 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | • end user access line charges, if the customer’s service address is – credit card receivables billed to a customer in Illinois. in Illinois. • sales of travelers checks and money orders at a location in Illinois; For more information, see 86 Ill. Adm. Code Section 100.3371. • interest, dividends, net gains, and other income from investment Illinois lottery winnings and proceeds from sales or other transfers of and trading assets and activities, where the majority of your rights to lottery winnings are in Illinois. contacts with the asset or activity is in Illinois. The state to which For taxable years ending on or after December 31, 2019, an asset or activity is assigned in your books and records for gross receipts from winnings from pari-mutuel wagering federal or state regulatory requirements is presumed to be proper conducted at a wagering facility licensed under the unless a majority of the evidence shows otherwise or you do not Illinois Horse Racing Act of 1975 or from winnings from have a fixed place of business in that state. If the place with the gambling games conducted on a riverboat or in a casino majority of contacts cannot be determined under these rules, or organization gaming facility licensed under the Illinois the gross receipts are in Illinois if your commercial domicile is in Gambling Act are Illinois sales and must be included in the Illinois. numerator of the sales factor. • any other transaction, if the gross receipts would be included on Line 41 under the general instructions for Line 41. For taxable years ending on or after December 31, 2021, payments from Illinois sources of wagering and winnings conducted in For more information, see 86 Ill. Adm. Code Section 100.3405. accordance with the Sports Wagering Act are allocable to Illinois. Divide Line 41 by Line 40 and enter the result, rounded to six decimal places, on Line 42. Complete Lines 43 through 46 as indicated in Sales, other than sales of tangible personal property or Specific Instructions for Step 6 — Figure your income allocable to telecommunications service, and gross receipts from broadcasting, Illinois. or the licensing, sale, or other disposition of patents, copyrights, trademarks, and similar items of intangible personal property, or What if I am a transportation company? Illinois lottery winnings or sales proceeds, are in Illinois as follows: If you checked the box in Step 1, Line E, indicating that you are • sales or leases of real property in Illinois; a company that furnishes transportation service both inside and • leases or rentals of tangible personal property, to the extent it is outside Illinois, cross out the word “sales” on Lines 40 and 41 and located in Illinois during the rental period; write “Transportation.” You must apportion business income as • interest, net gains, and other items of income from intangible follows: personal property received by a taxpayer who is a dealer in A Transportation by airline —On Line 40, enter the amount that property from a customer who is a resident of Illinois (for of revenue miles everywhere. On Line 41, enter the amount of individuals) or who is commercially domiciled in Illinois (for all revenue miles in Illinois. Divide Line 41 by Line 40 and enter the other customers). A taxpayer without actual knowledge of the result, rounded to six decimal places, on Line 42. residence or commercial domicile of a customer may use the B Other modes of transportation — On Line 40, enter the amount customer’s billing address. of your gross receipts from providing transportation services. • interest, net gains, and other items of income from intangible On Line 41, enter the amount of gross receipts from Illinois, as personal property received by a taxpayer who is not a dealer follows: in that property, if the income-producing activity is performed in • all gross receipts from transportation that both originates and Illinois or if the income-producing activity is performed inside and terminates in Illinois; and outside Illinois, and a greater proportion of the income-producing • gross receipts from interstate transportation, multiplied by a activity is performed inside Illinois rather than outside Illinois, fraction equal to the miles traveled in Illinois on all based on performance costs; or interstate trips divided by miles traveled everywhere on all • in all other cases, if the services are received in Illinois. interstate trips. For more information, see 86 Ill. Adm. Code Section 100.3370. Divide Line 41 by Line 40 and enter the result, rounded to six decimal places, on Line 42. What if I am a financial organization? C Transportation of both freight and passengers or If you checked the box in Step 1, Line E, indicating that you are a transportation by airline and other modes — Compute financial organization and your income is derived from inside and separate fractions for freight transportation and passenger outside Illinois, cross out the word “sales” on Lines 40 and 41, and transportation by airline and for freight transportation and write “Financial organization.” passenger transportation by all other modes of transportation On Line 40, enter the amount of gross receipts from all sources. under A and B, in the list above and enter on Line 42 the average On Line 41, enter the amount of gross receipts from of those fractions, weighted by the gross receipts from freight or • sales or leases of real property located in Illinois; passenger transportation by airline or other modes, rounded to six • leases or rentals of tangible personal property, to the extent it is decimal places. located in Illinois during the rental period; For more information, see 86 Ill. Adm. Code Section 100.3450. • interest income, commissions, fees, gains on disposition, and Complete Lines 43 through 46 as indicated in Specific Instructions for other receipts from: Step 6, Figure your income allocable to Illinois. – loans secured by real or tangible personal property What if I am a federally regulated exchange? located in Illinois; If you checked the box in Step 1, Line E, indicating that you are a – unsecured consumer loans to a resident of Illinois; federally regulated exchange and your income is derived from inside – unsecured commercial or installment loans where the and outside Illinois, cross out the word “sales” on Lines 40 and 41 and proceeds of the loan are applied in Illinois. If the place of write “Exchange.” You may apportion your business income as follows: application cannot be determined, the gross receipts are On Line 40, enter the amount of business income from all sources. in Illinois if the office of the borrower from which the loan was On Line 41, enter the amount of business income from negotiated is in Illinois. If neither the place of application nor the office of the borrower can be determined, do not • receipts attributable to transactions executed on a physical trading include the gross receipts in Lines 40 or 41; and floor located in Illinois; IL-1120-ST Instructions (R-12/22) Page 17 of 27 |
Enlarge image | • receipts attributable to all other matching, execution, or clearing On Line 40, enter the “everywhere” sales factor of the entire unitary transactions. This includes, without limitation, receipts from the business group from Illinois Schedule UB, Step 4, Line 2, Column D. provision of matching, execution, or clearing services to another On Line 41, enter only your Illinois sales (including your share of entity. sales of any unitary partnerships in which you are a partner). – Multiply this amount by 27.54 percent (.2754) for tax years On Lines 44 and 45, enter your own nonbusiness income and the ending on or after December 31, 2013; and Illinois portion of business income from non-unitary partnerships or • all other receipts for sales in Illinois. partnerships included on a Schedule UB in which you are a partner, Divide Line 41 by Line 40 and enter the result, rounded to six decimal S corporations in which you are a shareholder, or from trusts or places, on Line 42. Complete Lines 43 through 46 as indicated in estates of which you are a beneficiary. Specific Instructions for Step 6, Figure your income allocable to Illinois. What if I want to use an alternative For any tax year, the Illinois apportionment percentage apportionment formula? computed using this formula may never be less than the Illinois If the apportionment methods prescribed by IITA, Sections 304(a) apportionment percentage computed for the first full tax year ending on through (d), and (h) do not fairly and accurately represent the or after December 31, 2013, for which the taxpayer used this formula. market for your goods, services, or other sources of business What if I am a member of a unitary business income, or lead to a grossly distorted result, you may want to use a group? more accurate alternative method. If you want to use an alternative apportionment method, you The term “unitary business group” means a group of persons must receive permission from IDOR related through common ownership, whose business activities are prior to filing your return. integrated with, dependent on, and contribute to each other. In the Your request for an alternative apportionment formula must case of a corporation, common ownership is defined as the direct follow the requirement of the 86 Ill. Adm. Code Section 100.3390. or indirect ownership or control of more than 50 percent of the See the regulations or contact IDOR for more information. outstanding voting stock of a corporation. If you receive permission to use an alternative formula, you must If you determine that you are a member of a unitary business group, attach to your Form IL-1120-ST a copy of the letter granting see Illinois Schedule UB for more information regarding your Illinois permission. filing requirements and the computation of your Illinois tax liability. Send your request to: Once the Illinois Schedule UB has been completed, you must ILLINOIS DEPARTMENT OF REVENUE apportion your business income as follows: LEGAL SERVICES OFFICE SENIOR COUNSEL - INCOME TAX, 5-500 101 WEST JEFFERSON STREET SPRINGFIELD IL 62702 Illinois Schedule B Instructions General Information What is the purpose of Illinois Schedule B? Read this information before completing Illinois Schedule B. The purpose of Illinois Schedule B, Partners’ or Shareholders’ Amounts listed on the Schedule(s) K-1-P and Schedule(s) K-1-P(3), Information, is for you to identify any person who was a partner or Pass-through Withholding Calculation for Nonresident Members, you shareholder at any time during your tax year. complete are carried to your Illinois Schedule B and then reported The Illinois Schedule B also allows you to identify your partners or on your Form IL-1120-ST or Form IL-1065. Therefore, you must shareholders that are subject to the Illinois Personal Property Tax complete Schedule(s) K-1-P and Schedule(s) K-1-P(3) before Replacement Income Tax and to figure the share of distributable completing Schedule B. income or loss that is to be added to or subtracted from your base In order to ensure you complete Schedule B correctly, do the income. following in order: Is Schedule B required? Complete all Schedule(s) K-1-P and Schedule(s) K-1-P(3), as Yes. You are required to have a copy of this form on file. You must applicable, for your members before completing any section of attach a copy to your Form IL-1120-ST, Illinois Small Business Illinois Schedule B. The information reported on Schedule(s) Corporation Replacement Tax Return to support K-1-P and Schedule(s) K-1-P(3) will be used to complete Illinois • the addition modification claimed on Form IL-1120-ST, Step 4, Schedule B. See Schedule K-1-P(1) for more information. Line 20, Complete Section B of Illinois Schedule B before completing • the subtraction modification claimed on Form IL-1120-ST, Section A of Illinois Schedule B. Section B reports specific Step 5, Line 24, amounts from each Schedule K-1-P and Schedule K-1-P(3) you • the pass-through withholding you owe on behalf of your completed. Section B is required to be completed in full in order nonresident members on Form IL-1120-ST, Step 8, Line 59, to avoid processing delays, further correspondence, or delays in • the PTE tax you pay on Form IL-1120-ST, Step 8, Line 61, and the processing of any overpayments. • the PTE tax credit you received and distributed to your members Complete Section A of the Illinois Schedule B. Section A reports on Schedule(s) K-1-P. total amounts from Section B, and is required to be completed in full in order to avoid processing delays, further correspondence, Therefore, you must follow the instructions for Illinois Schedule B, or delays in the processing of any overpayments. complete it in full, and attach it to your return. Carry the amount from Illinois Schedule B, Section A, Line 3 and You must use forms prescribed by IDOR. Separate Line 5 to your Form IL-1120-ST or Form IL-1065, as applicable. statements not on forms provided or approved by IDOR will not be accepted and you will be asked for appropriate documentation. See Schedule K-1-P(1) Instructions for Partnerships and Failure to comply with this requirement may delay the S Corporations Completing Schedule K-1-P and Schedule K-1-P(3), processing of your return or the generation of any overpayment. and Illinois Schedule B specific instructions for more information. Page 18 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | Additionally, failure to submit appropriate documentation when Specific Instructions requested may result in a referral to our Audit Bureau for compliance action. Section A: Total members’ information Partnerships and S corporations must complete Illinois Complete Schedule(s) K-1-P and Schedule(s) K-1-P(3), Schedule B. Do not send a computer printout with line numbers and as applicable, and all of Illinois Schedule B, Section B, before dollar amounts attached to a blank copy of the schedule. Computer completing Section A. generated printouts are not acceptable, even if they are in the Illinois Schedule B, Section A should be completed using the totals same format as IDOR’s forms. Computer generated forms from an from Illinois Schedule B, Section B. When you submit your return you IDOR-approved software developer are acceptable. should only attach a single page of Section A. If you require multiple pages of Section B, you may attach as many pages of Section B as What is a resident? required behind Section A. A resident is • an individual who is present in Illinois for other than a temporary or Lines 1 through 3 — Report amounts for both resident and transitory purpose; nonresident members. • an individual who is absent from Illinois for a temporary or Line 1 — Add the amounts you reported on Step 3, Column A, transitory purpose but who is domiciled in Illinois; Line 10 through Line 19, of all the Schedule(s) K-1-P you issued to your partners or shareholders and enter the total here. Include • the estate of a decedent who at his or her death was domiciled in amounts you reported to both your resident and nonresident Illinois; members. • a trust created by a will of a decedent who at his or her death was Line 2 — Add the amounts you reported on Step 7, Line 52a domiciled in Illinois; or through Line 52x, and Step 7, Lines 53a through 53b, of all the • an irrevocable trust, whose grantor was domiciled in Illinois at the Schedule(s) K-1-P you issued to your partners or shareholders time the trust became irrevocable. For purposes of this definition, and enter the total here. Include amounts you reported to both your a trust is irrevocable to the extent that the grantor is not treated as resident and nonresident members. the owner of the trust under Internal Revenue Code (IRC) Sections Line 3 — Add the amounts shown in Section B, Line E for all the 671 through 678. partners or shareholders for which you have checked the box in What is a nonresident? Section B, Line D. A nonresident is a person who is not a resident, as previously Do not include defined. Corporations, S corporations, partnerships, and exempt • partners or shareholders that are identified as organizations are considered nonresidents for purposes of individuals or estates in Section B, Line B, or Illinois Schedule B. • grantor trusts or other disregarded entities whose What do Section B, Lines G through J report? grantor or owner is an individual or estate. Lines G through J report certain items of income, credits, and Enter the total amount on this line. If this is a pass-through withholding you reported to your nonresident members • positive amount, enter this amount on your Form IL-1065, Line 27 on the Schedule K-1-P you issued to them. or Form IL-1120-ST, Line 24. How do I determine the amounts to report in Section B, Lines G • negative amount (loss), enter this amount as a positive amount on through J? your Form IL-1065, Line 21 or Form IL-1120-ST, Line 20. Before completing Illinois Schedule B you must complete Schedule(s) K-1-P and Schedule(s) K-1-P(3) for each of your Lines 4 through 5 — Report amounts for nonresident nonresident members, as applicable. The amounts reported on those members only. schedules will be used to complete Illinois Schedule B, Section B, Line 4a — Enter the total amount of pass-through withholding you Lines G through J. reported on the Schedule(s) K-1-P you issued to your nonresident See Schedule K-1-P(1) for instructions and more information about individual members only. Total the amounts reported in Section Schedule K-1-P(3). B, Line J, for members that are identified with an “I” in Section B, What do I report in Section B, Line K? Line B, and enter it here. Line K is used to report the PTE tax credit you distribute to your Line 4b — Enter the total amount of pass-through withholding you partners or shareholders if you elected to pay pass-through entity tax. reported on the Schedule(s) K-1-P you issued to your nonresident estate members only. Total the amounts reported in Section B, How do I determine the amounts to report in Section B, Line K? Line J, for members that are identified with an “M” in Section B, Before completing Illinois Schedule B, Line K, you must determine Line B, and enter it here. each member’s portion of the PTE tax credit using the formula in the Line 4c — Enter the total amount of pass-through withholding you Schedule B, Section B, Line K instructions. reported on the Schedule(s) K-1-P you issued to your partnership What do I report in Section B, Line L? and S corporation members only. Total the amounts reported in Line L is used to report the PTE tax credit you receive and distribute Section B, Line J, for members that are identified with a “P” or “S” in to your shareholders. Do not include any PTE tax you are paying Section B, Line B, and enter it here. on this line. Line 4d — Enter the total amount of pass-through withholding you reported on the Schedule(s) K-1-P you issued to your nonresident How do I determine the amounts to report in Section B, Line L? trust members only. Include members identified as an exempt Use the Schedule(s) K-1-P or K-1-T you received to determine the organization (trust). Total the amounts reported in Section B, Line J, amount of PTE tax credit you received. Distribute the PTE tax credit for members that are identified with a “T” or “A” in Section B, based on each member’s share. Line B, and enter it here. IL-1120-ST Instructions (R-12/22) Page 19 of 27 |
Enlarge image | Line 4e — Enter the total amount of pass-through withholding you If this partner or shareholder is a grantor trust or other reported on the Schedule(s) K-1-P you issued to your C corporation disregarded entity, enter the letter that corresponds to the tax type of members only. Include members identified as an exempt the grantor or owner. organization (corporation). Total the amounts reported in Section B, Line C — Enter the entire Social Security number (SSN) or federal Line J, for members that are identified with a “C” or “N” in Section B, employer identification number (FEIN) of each partner or shareholder. Line B, and enter it here. If the partner or shareholder is a foreign entity and does Line 5 — Add Section A, Lines 4a through 4e of this Schedule B not have an SSN or FEIN, leave this line blank for that partner or and enter this amount here and on Form IL-1065, Line 59 or shareholder. If you leave this line blank, you may be contacted for Form IL-1120-ST, Line 59. The amount on Line 5 should match the further information. total amount from Schedule B, Section B, Line J for all members on Line D — Check the box if the partner or shareholder is subject to all pages. the Illinois Personal Property Tax Replacement Income Tax or is an Lines 6 and 7 — exempt organization (including an Employee Stock Ownership Plan Line 6 — Add Section B, Line K for all members of this Illinois (ESOP)). Individuals, estates, or grantor trusts and other disregarded Schedule B and enter the total here. Enter zero if you paid entities whose grantors or owners are individuals or estates are not pass-through withholding. subject to this tax. Line 7 — Add Section B, Line L for all members of this Illinois Line E — Enter the total amount of base income or loss distributable Schedule B and enter the total here. This amount should to this partner or shareholder, using the Line E Worksheet on Page 21. equal the total of all Schedule(s) K-1-P, Step 7, Line 53a and Enter the amount from Line E Worksheet, Line 5, here. Schedule(s) K-1-T, Step 7, Line 50 you received. Attach copies The total of all the amounts in Line E must equal your total base of all Schedule(s) K-1-P and K-1-T you received to your income, computed without regard to the addition claimed on your Form IL-1120-ST. Form IL-1120-ST, Step 4, Line 20, or the subtraction claimed on your If you completed multiple pages of Section B, complete Section A Form IL-1120-ST, Step 5, Lines 24. one time reporting the totals from all pages of Section B. Place all Line F — If the partner or shareholder was excluded from pass- pages of Section B behind the single page of Section A, and attach through withholding indicate the reason by entering them to your return. • “T” if you elect to pay PTE tax, Section B: Members’ information • “R” if the partner or shareholder is an Illinois resident, Columns 1 through 4 — • “E” if the partner or shareholder provided you a Form IL-1000-E, Line A — Enter the name and address of each partner or indicating that they would pay their own tax liability, shareholder. Use the following examples as a guide. Partners or shareholders who provide you Form IL-1000-E If the partner or shareholder is an individual, use the following must not be individual taxpayers. formats: • “P” if you are a publicly-traded partnership or an investment John Doe John and Mary Doe John Doe partnership and therefore not required to make pass-through 111 W. Main Street 111 W Main Street % Mary Doe withholding payments on behalf of your partners, or Anytown Anytown 111 W Main St. #5A • “N” if the partner or shareholder was an exempt organization and IL 62666 IL 62666 Anytown you did not make pass-through withholding payments on their behalf. IL 62666 Taxpayers are not required to make pass-through withholding If the partner or shareholder is a trust or an estate, use the payments on behalf of their exempt organization members, but may do following formats: so for tax year ending on or after December 31, 2014. John Doe Bankruptcy Trust Estate of John Doe If you elected to make pass-through withholding payments on behalf of % Mary Doe, Trustee 111 W Main St., Ste 4A an exempt organization member, leave this line blank for that member 111 W Main Street, Suite 4A Anytown and complete Lines G through J. Anytown IL 62666 Lines G through J — Provide the following information from the IL 62666 Schedule(s) K-1-P and Schedule(s) K-1-P(3) you completed for each If the partner or shareholder is a corporation (including member listed. S corporations), or a partnership, use the following formats: Line G — Enter the amount you reported on Step 3, Line 12, of the Illinois Big Business Group Illinois Small Business Group Schedule K-1-P(3) you completed for this member. This amount is this % John Doe, VP Finance % Mary Doe member’s share of Illinois income subject to pass-through withholding. 111 West Main Street, Suite 4 111 West Main Street This amount is a dollar amount. Do not list a percentage on this line. Anytown Anytown Line H — Total the amount you reported on Step 3, Line 13, and IL 62666 IL 62666 Step 3, Line 16, of the Schedule K-1-P(3) you completed for this Line B — Indicate the type of each partner’s or shareholder’s member. Enter that amount on Line H for this member. This amount organization. Enter is this member’s pass-through withholding before credits. • “I” for individual Line I — Total the amount you reported on Step 3, Line 14, and • “P” for partnership Step 3, Line 17, of the Schedule K-1-P(3) you completed for this • “M” for estate member. Enter that amount on Line I for this member. This amount is • “T” for trust this member’s distributable share of credits. • “C” for C corporation Line J — Enter the amount of pass-through withholding that • “S” for S corporation you made on behalf of each member and reported to them on Schedule K-1-P, Step 7, Line 55. This should match the amount • “A” for exempt organization (trust) reported on Step 3, Line 19, of the Schedule K-1-P(3) you completed • “N” for exempt organization (corporation) for this member. Page 20 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | This line should be blank if you elected to pay PTE tax. Line K — Enter the member’s share of the PTE tax credit. To Lines K and L - If the pass-through entity is itself a member in determine the share of PTE tax credit due for each member, multiply an electing pass-through entity, the credit for PTE tax paid by the the member’s distributive share of pass-through entity income electing pass-through entity passes through to its members as reported on Form IL-1120-ST, Line 60, by 4.95% (0.0495). follows The total credits allocated to all members may not • If the pass-through entitydoes not make the election to exceed the PTE liability reported on Form IL-1120-ST, Line 61. The pay PTE tax, it will only be passing through each member’s total credits may also not exceed the PTE amount actually paid to distributive share of the PTE tax credit that it received on IDOR. If you overpaid your PTE liability, the overpayment may be Schedule(s) K-1-P from electing pass-through entities in which it refunded to the electing partnership or S corporation. is a member (Line L). Include this amount on each member’s Schedule K-1-P, Step 7, • If the pass-through entity does make the election to pay Line 53a. PTE tax, then it passes through to its members both This line should be blank if you made pass-through • the credit for the PTE tax it pays (Line K) and withholding payments. • each member’s distributive share of the PTE tax credit it Line L — Enter each member’s distributive share of PTE tax credit received from electing pass-through entities in which it is a you are passing through from Schedule(s) K-1-P or K-1-T you member (Line L). received. The PTE tax credit is passed through to your members Add each member’s Line K and Line L. Enter the total on each in the same proportion that the pass-through income is distributed member’s Schedule K-1-P, Step 7, Line 53a. to your members. Also include this amount on each member’s Schedule K-1-P, Step 7, Line 53a. If you have more than four members to report, and additional space is needed, complete and attach additional pages of Illinois Schedule B, Section B. After you have completed Section B, listing all required amounts for your members, complete the single page of Illinois Schedule B, Section A. Line E Worksheet Complete this worksheet for each partner or shareholder. 1 Enter the share of income from Form IL-1065 or Form IL-1120-ST, Line 14 for this partner or shareholder. 1 _________________ 2 Enter the share of additions distributable to this partner or shareholder from Form IL-1065, Lines 15 through 20 and Line 22 or Form IL-1120-ST, Lines 15 through 19 and Line 21. 2 _________________ 3 Add Lines 1 and 2. 3 _________________ 4 Enter the share of subtractions distributable to this partner or shareholder from Form IL-1065, Lines 24 through 25 and 28 through 33 or Form IL-1120-ST, Lines 23 and 25 through 33. 4 _________________ 5 Subtract Line 4 from Line 3. If Line 3 is greater than Line 4 (income), Enter the result as a positive amount in Line E for this partner or shareholder. If Line 4 is greater than Line 3 (loss), enter the result as a negative amount in Line E for this partner or shareholder. 5 _________________ IL-1120-ST Instructions (R-12/22) Page 21 of 27 |
Enlarge image | Appendix A - Extension Tax Payment Worksheet Use this worksheet if all of the following apply to you: • you are required to file Form IL-1120-ST, • you cannot file your annual tax return by the due date, and • you complete this worksheet and determine you owe a tentative tax. If Line 7 of the worksheet shows you owe tentative tax, pay the full amount due either by filing and paying with Form IL-1120-ST-V or by making your payment electronically. An extension of time to file does not extend the amount of time you have to make your payment. Reminder: Entities electing to pay PTE tax must make estimated payments if their total tax due is expected to be greater than $500. See Appendix C. Extension Tax Payment Worksheet (for your records) 1Enter the total tax you expect to owe for this tax year. 1 2Enter the total amount of estimated tax payments or prepayments you made and any overpayment you elected to be credited for this tax year. 2 3 Enter any withholding reported to you and pass-through withholding made on your behalf for this tax year. 3 4 Enter the amount of any previous tax payment you have made for this tax year. 4 5 Enter the estimated replacement tax investment credits. 5 6 Add lines 2 through 5 and enter the result here. 6 7 Subtract Line 6 from Line 1. This is your tentative tax due. Enter the result here and on Form IL-1120-ST-V. Pay this amount with your Form IL-1120-ST-V on or before the original due date of your return. 7 Extension Tax Payment Worksheet Instructions Line 1 — Enter the total amount of replacement tax you expect to owe for this tax year (including recapture of investment credits using Schedule 4255, pass-through withholding payments you will owe on behalf of your members or PTE tax you elect to pay on Schedule B, and surcharges from the Compassionate Use of Medical Cannabis Program Act and the sale of assets by gaming licensee). Line 2 — Enter the total amount of estimated tax payments or prepayments you made and any overpayment you elected to be credited for this tax year. Line 3 — Enter the total amount of Illinois income tax withheld on Form(s) W-2G and the amount of pass-through withholding paid on your behalf and reported to you on Illinois Schedule(s) K-1-P or K-1-T. Line 4 — Enter the amount of any previous tax payment you have made for this tax year. Line 5 — Enter the amount of any estimated replacement tax investment credits from Form IL-477. Line 6 — Add Lines 2 through 5. This is your total tax payments and credits. Line 7 — Subtract Line 6 from Line 1. This is your tentative tax due. If Line 7 is $1 or more, you must pay the amount due. If Line 7 is less than $1, you do not have to pay. Do not attach your U.S. Form 7004 to your Form IL-1120-ST-V. Pay electronically at tax.illinois.gov or use the current tax year’s Form IL-1120-ST-V, Payment Voucher for Small Business Corporation Replacement Tax. Failure to use the correct voucher for your payments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. Page 22 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | Appendix B - Pass-through Withholding Prepayment Worksheets Use this worksheet to determine the amount to voluntarily prepay pass-through withholding on behalf of your shareholders. Pass-through withholding prepayments are entirely voluntary; however, we suggest that you make your prepayments in four equal installments during the course of a year. Use Appendix C to prepay your own estimated tax liability, including PTE tax. If you elect to file and pay PTE tax, do not use this worksheet. Taxpayers electing to file and pay PTE tax cannot report and pay pass-through withholding for their members. Check the following boxes to determine which worksheets you should complete. (You may check multiple boxes.) 1 If you have nonresident individual and estate members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 If you have partnership or S corporation members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 If you have nonresident trust members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 If you have corporation members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Once the worksheets are complete, add the total from each worksheet: Worksheet 1, Line 9 ____________ Worksheet 2, Line 9 ____________ Worksheet 3, Line 13 ____________ Worksheet 4, Line 13 ____________ TOTAL _____________ This is the amount of each of your voluntary quarterly prepayments for pass-through withholding. Add this total to the amount from Appendix C, Step 3, Line 27 to determine your voluntary quarterly prepayments to be made with Form IL-1120-ST-V. These payments may be made at any time, up to and including the original due date of your return. Pay electronically at tax.illinois.gov or use next tax year’s Form IL-1120-ST-V to mail your payment. Failure to use the correct voucher for your pre-payments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. Worksheet 1: Figure your pass-through withholding prepayments for nonresident individual and estate members. If you have nonresident individual and estate members that you wish to voluntarily prepay pass-through withholding on behalf of, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your nonresident individual and estate members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your nonresident individual and estate members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 4.95% (.0495) and enter the result. 4 5 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Enter the amount of surcharge from the sale of assets by gaming licensee passed through to you and distributed to nonresident individual and estate members. 7 8 Add Lines 6 and 7. 8 9 Divide Line 8 by 4. This is the amount of each of your voluntary prepayments for nonresident individual and estate members. 9 IL-1120-ST Instructions (R-12/22) Page 23 of 27 |
Enlarge image | Appendix B - continued Worksheet 2: Figure your pass-through withholding prepayments for partnership or S corporation members. If you have partnership or S corporation members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your partnership or S corporation members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your partnership or S corporation members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 1.5% (.015) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Enter the amount of surcharge from the sale of assets by gaming licensee passed-through to you and distributed to partnership and S corporation members. 7 8 Add Lines 6 and 7. 8 9 Divide Line 8 by 4. This is the amount of each of your voluntary prepayments for partnership or S corporation members. 9 Worksheet 3: Figure your pass-through withholding prepayments for nonresident trust members. If you have nonresident trust members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your nonresident trust members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your nonresident trust members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 1.5% (.015) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Multiply Line 3 by 4.95% (.0495) and enter the result. 7 8 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 8 9 Subtract Line 8 from Line 7 and enter the result. 9 10 Add Line 6 and Line 9 and enter the result. 10 11 Enter the amount of surcharge from the sale of assets by gaming licensee passed-through to you and distributed to nonresident trust members. 11 12 Add Lines 10 and 11. 12 13 Divide Line 12 by 4. This is the amount of each of your voluntary prepayments for nonresident trust members. 13 Page 24 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | Appendix B - continued Worksheet 4: Figure your pass-through withholding prepayments for corporation members. If you have corporation members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your corporation members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your corporation members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 2.5% (.025) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Multiply Line 3 by 7% (.07) and enter the result. 7 8 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 8 9 Subtract Line 8 from Line 7 and enter the result. 9 10 Add Line 6 and Line 9 and enter the result. 10 11 Enter the amount of surcharge from the sale of assets by gaming licensee passed-through to you and distributed to corporation members. 11 12 Add Lines 10 and 11. 12 13 Divide Line 12 by 4. This is the amount of each of your voluntary prepayments for corporation members. 13 Appendix C - Estimated Payment and Prepayment Worksheet Instructions If you elect to file and pay PTE tax and reasonably expect your total tax liability, including replacement tax and PTE tax, to exceed $500 after Illinois tax credits and withholding payments made on your behalf, you are required to make estimated payments. Complete Steps 1, 2, and 3 of this worksheet to compute your next tax year’s estimated tax payments. If you elect to file and pay PTE tax but you do not expect your tax liability, including replacement tax and PTE tax, to exceed $500, you may voluntarily prepay next year’s taxes including PTE tax. Complete Steps 1, 2, and 3 of this worksheet to determine the amount of your quarterly prepayment. If you do not elect to file and pay PTE tax, you may voluntarily prepay next year’s tax liability. Complete Steps 2 and 3 of this worksheet to determine the amount of your quarterly tax liability prepayment. If you completed Appendix B, add the total from Step 3 to the total amount from Appendix B to determine your quarterly prepayments to be made with Form IL-1120-ST-V. If your income or your original estimated tax changes during the year, complete Step 4 of this worksheet to determine your adjusted payment. Keep this record for your files. Pay electronically at tax.illinois.gov or use next tax year’s Form IL-1120-ST-V to mail your payment. Failure to use the correct voucher for your estimated payments or prepayments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. IL-1120-ST Instructions (R-12/22) Page 25 of 27 |
Enlarge image | Appendix C - continued Step 1 - Figure your PTE Tax - Complete Step 1 only if you are filing and paying PTE tax. 1 Enter the amount of base income (Line 35) expected in the next tax year. 1 00 2 Enter the amount equal to the share of income distributable to a shareholder subject to replacement tax (Line 24) expected in the next tax year. 2 00 3 PTE base income. Add Lines 1 and 2. 3 00 4 Enter the amount of nonbusiness income or loss expected in the next tax year. 4 00 5 Enter the amount of business income or loss included in Line 4 from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates expected in the next tax year. 5 00 6 Add Lines 4 and 5. 6 00 7 Expected base income or loss. Subtract Line 6 from Line 3. 7 00 8 Enter the amount of total sales everywhere expected in the next tax year. 8 00 9 Enter the amount of total sales inside Illinois expected in the next tax year. 9 00 10 Divide Line 9 by Line 8. Round to six decimal places. 10 11 Business income or loss apportionable to Illinois expected in the next tax year. Multiply Line 7 by Line 10. 11 00 12 Enter the amount of nonbusiness income or loss allocable to Illinois expected in the next tax year. 12 00 13 Enter the amount of business income or loss apportionable to Illinois from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates expected in the next tax year. Do not include any income from a partnership or S corporation that will make the PTE election. 13 00 14 PTE Income. Add Lines 11 through 13. 14 00 15 PTE Tax. Multiply Line 14 by 4.95 percent (.0495). 15 00 Step 2 - Figure your Replacement Tax 16 Enter the amount of Illinois net income expected in the next tax year. 16 00 17 Multiply Line 16 by 1.5 percent (.015) and enter the result. 17 00 18 Enter the amount of recapture of investment credits expected in the next tax year. 18 00 19 Enter the amount of surcharge expected from the Compassionate Use of Medical Cannabis Program Act and the sale of assets by gaming licensee in the tax year. 19 00 20 Add Lines 17 through 19. Enter the result. 20 00 21 Enter the amount of Illinois tax credits expected in the next tax year as calculated on the corresponding Form IL-477 or Schedule 1299-A. 21 00 22 Enter the amount of pass-through withholding expected to be made on your behalf in the next tax year on any Schedule K-1-P or Schedule K-1-T you receive. 22 00 23 Enter the amount of any Illinois gambling and sports wagering winnings withholding shown on the next tax year Form W-2G you expect to receive. 23 00 24 Add Lines 21 through 23. Enter the result. 24 00 25 Subtract Line 24 from Line 20 and enter the result. 25 00 Step 3 - Figure your Estimated Payments or Prepayments 26 If you completed Step 1, add Lines 15 and 25. Otherwise, enter the amount from Line 25. 26 00 27 Divide Line 26 by 4. This is the amount of your quarterly estimated payments or prepayments. 27 00 You may use pass-through withholding made on your behalf on any Schedule K-1-P or K-1-T you received to reduce the estimated tax payment for the quarter in which the tax year shown on the Schedule K-1-P or K-1-T falls and any subsequent tax payment until the entire credit is used. You may use Illinois gambling and sports wagering withholding shown on any Form W-2G you receive to reduce the estimated tax payment for the quarter in which the gambling winnings were received and any subsequent tax payment until the entire credit is used. If you made the election to credit a prior year overpayment to the next tax year and • the election was made on or before the extended due date of that prior year return, use the credit to reduce the first estimated tax payment and any subsequent tax payments until the entire credit is used. • the election was made after the extended due date of that prior year return, the credit will be treated as paid on the date you submitted the election. If that payment date is on or before an estimated payment due date, you may use the credit to reduce that estimated tax payment and any subsequent tax payments until the entire credit is used. Page 26 of 27 IL-1120-ST Instructions (R-12/22) |
Enlarge image | Appendix C - continued Step 4 - Amended worksheet - Complete Step 4 if a change occurs in your original estimated tax. 1 Enter the amount of PTE income expected in the next tax year. If you are not electing to file and pay PTE tax, enter zero. 1 2 PTE Tax. Multiply Line 1 by 4.95% ( 0.0495). 2 3 Enter the amount of Illinois net income expected in the next tax year. 3 4 Multiply Line 3 by 1.5% (.015) and enter the result. 4 5 Enter the amount of recapture of investment credits expected in the next tax year. 5 6 Enter the amount of surcharge expected from the Compassionate Use of Medical Cannabis Program Act and the sale of assets by gaming licensee in the next tax year. 6 7 Add Lines 4 through 6 and enter the result. 7 8 Enter the amount of Illinois tax credits expected in the next tax year as calculated on the corresponding Form IL-477 or Schedule 1299-A. 8 9 Enter the amount of pass-through withholding expected to be made on your behalf in the next tax year on any Schedule K-1-P or Schedule K-1-T you receive. 9 10 Enter the amount of any Illinois gambling and sports wagering winnings withholding shown on the next tax year Form(s) W-2G you expect to receive. 10 11 Add Lines 8 through 10 and enter the result. 11 12 Subtract Line 11 from Line 7 and enter the result. 12 13 Add Line 2 and 12. 13 14 Divide Line 13 by 4. 14 15 Multiply Line 14 by the number of previously due estimated payments. 15 16 Enter the amount of any estimated tax payments actually paid, timely prior year overpayments, timely pass-through withholding and pass-through entity tax credit paid on your behalf, or timely Illinois gambling and sports wagering winnings withholding shown on Form W-2-G you received. 16 17 Subtract Line 16 from Line 15 and enter the result. This amount may be negative. 17 18 Add Lines 14 and 17 and enter the result. If positive, this is the amount due on your next payment due date. If zero or negative, the amount due on your next payment due date is zero. If Line 18 is negative, continue to Line 19. Otherwise, stop here. 18 19 If Line 18 is negative, enter that amount as a positive number. 19 20 Subtract Line 19 from Line 14 and enter the result. This is the amount due on the following due date, if applicable. 20 Pay electronically at tax.illinois.gov or use next tax year’s Form IL-1120-ST-V to mail your payment. Failure to use the correct voucher for your estimated payments or prepayments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. IL-1120-ST Instructions (R-12/22) Page 27 of 27 |