Enlarge image | Illinois Department of Revenue Use for tax year ending on or after December 31, 2022, and before IL-1041 Instructions December 31, 2023. 2022 What’s New? Table of Contents • Illinois Net Loss deductions are to be reported on Schedule What’s New? ........................................................ 1 NLD, Illinois Net Loss Deduction. Attach Schedule NLD to your Form IL-1041. General Information ............................................ 1 • Estates without distributions can now identify themselves by checking the appropriate checkbox on Line D of Form IL-1041. Specific Instructions ........................................... 8 • IL-4562 has been updated to include 80 percent bonus depreciation. Illinois Schedule D Instructions ....................... 17 • Schedule 4255 has new recapture of credit lines. • Schedule D, Section B has been reformatted from horizontal to Appendix A - Extension Tax Payment vertical orientation. Worksheet .......................................................... 20 • Income Tax Credits -- Information about all the credits can be found in Schedule 1299-I. • The following credits are new: Appendix B - Tax Prepayment • Agritourism Liability Insurance (Credit Code 5440) – Worksheets ........................................................ 21 effective on or after January 1, 2022 • Recovery and Mental Health (Credit Code 0180) – effective on or after January 1, 2023 • The following credits have updated expiration dates: • Economic Development for a Growing Economy (EDGE) (Credit Code 5300) – ending on or before June 30, 2027 • Film Production Services (Credit Code 5000) – ending on or before December 31, 2032 • Hospital (Credit Code 5620) – ending on or before December 31, 2027 • Invest in Kids (Credit Code 5660) – ending on or before December 31, 2023 General Information Who must file Form IL-1041? “Grantor” trusts are not required to file Form IL-1041. You must file Form IL-1041 if you are a fiduciary of a trust or Estates do not pay replacement tax. an estate, and the trust or the estate If the trust or estate is a charitable organization exempt from • has net income or loss as defined under the Illinois federal income tax by reason of Internal Revenue Code Income Tax Act (IITA), regardless of any deduction for (IRC) Section 501(a), it is not required to file Form IL-1041. distributions to beneficiaries; or However, unrelated business taxable income, as determined under IRC Section 512, is subject to tax (without any • is a resident of Illinois and files, or is required to file, a deduction for the Illinois income tax) and must be reported federal income tax return (regardless of net income or on Form IL-990-T, Exempt Organization Income and loss). (See “When is nonbusiness income allocable to Replacement Tax Return, instead of Form IL-1041. For more Illinois” to help you complete your Form IL-1041); or information, see Form IL-990-T Instructions. • is a nonresident of Illinois but received income from Illinois sources which was not reported as pass-through What forms must I use? withholding on Form IL-1120-ST, Small Business In general, you must obtain and use forms prescribed Corporation Replacement Tax Return; Form IL-1065, by the Illinois Department of Revenue (IDOR). Separate Partnership Replacement Tax Return; or Form IL-1041, statements not on forms provided or approved by IDOR Fiduciary Income and Replacement Tax Return. You must will not be accepted and you will be asked for appropriate also file Illinois Schedule NR (Form IL-1041), Nonresident documentation. Failure to comply with this requirement Computation of Fiduciary Income, to determine the may result in failure to file penalties, a delay in the income that is taxed by Illinois during the tax year. For processing of your return, or a delay in the generation of more information, see Illinois Schedule NR (Form IL-1041) any overpayment. Additionally, failure to submit appropriate with revision date 12/22. documentation when requested may result in a referral to our Audit Bureau for compliance action. IL-1041 Instructions (R-02/23) Printed by the authority of the State of Illinois - web only - one copy. Page 1 of 23 |
Enlarge image | Trusts and Estates must complete Form IL-1041. Do When should I pay? not send a computer printout with line numbers and dollar Payment of tax — You must pay your Illinois Income and amounts attached to a blank copy of the return. Computer Replacement Tax and pass-through withholding reported on generated printouts are not acceptable, even if they are in the behalf of your beneficiaries in full on or before the original same format as IDOR’s forms. Computer generated forms due date of the return. Failure to pay the tax due on or before from an IDOR-approved software developer are acceptable. the original due date of the return may result in penalty and Form IL-1041 (R12/22) is for tax year ending interest. This payment date applies even though an automatic on or after December 31, 2022, and ending before extension for filing the return has been granted. All payments December 31, 2023. For tax year ending on or after must be made using Form IL-1041-V, Payment Voucher for December 31, 2021 and before December 31, 2022, use the Fiduciary Income and Replacement Tax. 2021 form. Using the wrong form will delay the processing of Estimated tax payments — For state purposes, trusts your return. and estates are not required to make estimated payments, How do I register my business? although they may be required to make federal estimated If you are required to file Form IL-1041, you should register payments. with IDOR. You may register Extension Payments - If you expect tax to be due, you must • online with MyTax Illinois, our free online account pay any tentative tax due by the original due date of the return management program for taxpayers; using Form IL-1041-V. See Appendix A for more information. • by completing Form REG-1, Illinois Business Registration Voluntary Prepayments - You may make voluntary Application, and mailing it to the address on the form; or prepayments of your own tax liability as well as make pass-through withholding prepayments on behalf of your • by visiting a regional office. beneficiaries using Form IL-1041-V. See Appendix B for more Visit our website at tax.illinois.gov for more information. information. Registering with IDOR prior to filing your return ensures We encourage you to make your payments electronically that your tax returns are accurately processed. using MyTax Illinois or Modernized E-File (MeF) systems, Your identification numbers as an Illinois business taxpayer or you may use Form EFT-1, Authorization Agreement for are your federal employer identification number (FEIN) and Certain Electronic Payments, to set up an ACH credit or your Illinois account number. phone debit transaction. These options can be found on When should I file? our website at tax.illinois.gov. If you make your payments using MyTax Illinois, MeF, or EFT, do not mail us your Your Illinois filing due date is the same as your federal filing Form IL-1041-V. You must use one of our electronic payment due date. In general, Form IL-1041 is due on or before the options if the IDOR has notified you that you are required to 15th day of the 4th month following the close of the tax year. make payments electronically. Automatic six-month extension — We grant you an We will apply each payment to the earliest due date until automatic six-month extension of time to file your fiduciary that liability is paid, unless you provide specific instructions tax return. The automatic extension of time to file is granted to apply it to another period. You may also be assessed a whether or not you request it. You are not required to file a bad check penalty if your remittance is not honored by your form in order to obtain this automatic extension. If you expect financial institution. tax to be due, you must pay any tentative tax due, by the original due date of the return, in order to avoid interest and Who should sign the return? penalty on tax not paid by that date. To pay any tax due by Your Form IL-1041 must be signed by the fiduciary of the the original due date of your return: trust or estate. If there are two or more joint fiduciaries, the • visit tax.illinois.gov, for information about ACH credit, signature of one will comply with the requirements of the • pay using mytax.illinois.gov, or IITA. The signature verifies by written declaration (and under penalties of perjury) that the signing fiduciary has personally • mail Form IL-1041-V, Payment Voucher for Fiduciary examined the return and the return is true, correct, and Income and Replacement Tax, using the address on the complete. The fact that a fiduciary’s name is signed to a return form. is prima facie evidence that the fiduciary is authorized to sign If an unpaid liability is disclosed when you file your return, the return on behalf of the trust or estate. then you may owe penalty and interest charges in addition to Any person paid to prepare the return (other than a fiduciary the tax. See the “What are the penalties and interest?” section of the trust or estate, or a regular, full-time employee of the below. An extension of time to file your Form IL-1041 is taxpayer, such as a clerk, secretary, or bookkeeper) must not an extension of time for payment of Illinois tax. provide a signature, date the return, enter the preparer tax Additional extensions beyond the automatic extension identification number (PTIN) issued to them by the Internal period — We will grant an extension of more than six months Revenue Service, and provide their firm’s name, FEIN, only if an extension is granted by the Internal Revenue address, and phone number. Service (IRS) beyond the date of the Illinois automatic If your return is not signed, any overpayment of tax is extension. Your additional Illinois extension will be for the considered forfeited if, after notice and demand for signature, length of time approved by the IRS. You must attach a copy of you fail to provide a signature within three years from the date the approved federal extension to your Form IL-1041. your return was filed. Page 2 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | What are the penalties and interest? ILLINOIS DEPARTMENT OF REVENUE PO BOX 19044 Penalties — You will owe SPRINGFIELD IL 62794-9044 • a late-filing penalty if you do not file a processable return The procedure described above does not apply to by the extended due date; 11 U.S.C. Section 505 Determination of Tax Liability requests. • a late-payment penalty if you do not pay the tax you owe by the original due date of the return; What if I need to correct or change my return? • a bad check penalty if your remittance is not honored by Do not file another Form IL-1041 with “amended” figures your financial institution; to change your originally filed Form IL-1041. If you need • a cost of collection fee if you do not pay the amount you to correct or change your return after it has been filed, you owe within 30 days of the date printed on your bill. must file Form IL-1041-X, Amended Fiduciary Income and Replacement Tax Return. Returns filed before the extended Interest —Interest is calculated on tax from the day after the due date of the return are treated as your original return for original due date of your return through the date you pay the all purposes. For more information, see Form IL-1041-X tax. Instructions. We will bill you for penalties and interest. For more information You should file Form IL-1041-X only after you have filed about penalties and interest, see Publication 103, Penalties a processable Illinois Income Tax return. You must file a and Interest for Illinois Taxes. separate Form IL-1041-X for each tax year you wish to What if I am discontinuing my business? change. Terminated — If you are the fiduciary of a trust or estate that State changes only — File Form IL-1041-X promptly if you has terminated during any tax year, you are still required to discover an error on your Illinois return that does not relate to file the tax return. Also, we will pursue the assessment and an error on your federal return but rather was caused by collection of taxes if • a mistake in transferring information from your federal • the trust or estate was liable for income and replacement return to your Illinois return; tax for that or any previous tax period; or, • failing to report or misreporting to Illinois an item that has • the beneficiaries had income allocable to Illinois and were no effect on your federal return; or liable for income and replacement tax for that or any • a mistake in another state’s tax return that affects the previous tax period, due to a distribution from the trust or computation of your Illinois tax liability. estate. If you are claiming an overpayment, Form IL-1041-X must be Sales or transfers — If you are a fiduciary that, outside the filed within three years after the extended due date or the date usual course of business, sells or transfers the major part of the return was filed, or within one year after the tax giving rise any one or more of to the overpayment was paid, whichever is latest. • the stock of goods which you are in the business of Federal changes only — File Form IL-1041-X if you have selling, filed an amended federal return or if you have been notified • the furniture or fixtures of your business, by the IRS that they have made changes to your return. This • the machinery and equipment of your business, or includes any change in your federal income tax liability, any • the real property of your business, tax credit, or the computation of your federal taxable income you or the purchaser must complete and send us Form as reported for federal income tax purposes, if the change CBS-1, Notice of Sale, Purchase, or Transfer of Business affects any item entering into the computation of net income, Assets, no later than 10 business days prior to the date the net loss, or any credit for any year under the IITA. You must sale takes place. Send this form, along with copies of the file Form IL-1041-X no later than 120 days after the federal sales contract and financing agreement, to: changes have been agreed to or finally determined to avoid a late-payment penalty. ILLINOIS DEPARTMENT OF REVENUE BULK SALES UNIT If your federal change decreases the tax due to Illinois and PO BOX 19035 you are entitled to a refund or credit carryforward, you must SPRINGFIELD IL 62794-9035 file Form IL-1041-X within two years plus 120 days of federal or finalization. REV.BulkSales@illinois.gov Attach a copy of federal finalization or proof of acceptance Request for prompt determination — You may make a from the IRS along with a copy of your amended federal form, request for prompt determination of liability, in accordance if applicable, to your Form IL-1041-X. Examples of federal with IITA 35 ILCS 5/905(i), if you are an estate that has finalization include a copy of one or more of the following terminated. A completed tax return must be on file with us items: before you can submit a request for prompt determination. Do • your federal refund check, not submit your return and request at the same time. Mail your initial return to the address indicated on the form. You should • your audit report from the IRS, or allow 12 weeks for processing. If your request is properly • your federal transcript verifying your federal taxable made, the expiration of the statute of limitations (absent income. fraud) will not extend beyond 18 months from the date of your request. Mail your request and a copy of your previously submitted return to: IL-1041 Instructions (R-02/23) Page 3 of 23 |
Enlarge image | What records must I keep? appropriate box on the original or amended loss-year return, whichever showed the loss first. Once the election was made You must maintain books and records to substantiate any to forgo the Illinois carryback provision, the election was information reported on your Form IL-1041. Your books and irrevocable. records must be available for inspection by our authorized agents and employees. Illinois net losses in tax years ending before December 31, 1999, are allowed as a carryback or Do IDOR and the IRS exchange income tax carryforward deduction only in the manner allowed under information? IRC Section 172, including, for example, the 10-year IDOR and the IRS exchange income tax information for the carryback allowed to banks for bad debt losses. purpose of verifying the accuracy of information reported The following are the carryback and carryforward years on federal and Illinois tax returns. All amounts you report on generally allowed for Illinois net losses in tax years ending Form IL-1041 are subject to verification and audit. before December 31, 1999. Illinois net losses in tax years Should I round? beginning You must round the dollar amounts on Form IL-1041 and • after August 5, 1997, and ending before accompanying schedules to whole-dollar amounts. To do this, December 31, 1999, must be carried back two years, then you should drop any amount less than 50 cents and increase forward 20 years. any amount of 50 cents or more to the next higher dollar. • on or before August 5, 1997, must be carried back three years, then forward 15 years. What if I have an Illinois net loss deduction (NLD)? For tax years ending on or after December 31, 1996, An Illinois net loss deduction (NLD) can be used to reduce and before December 31, 2003, you may have made the the base income allocable to Illinois only if the loss year election to forgo any of the previously mentioned Illinois return has been filed and to the extent the loss was not used NLD carryback periods by checking the appropriate box on to offset income from any other tax year. Use Schedule NLD, your loss year return. This election must have been made Illinois Net Loss Deduction, to determine any NLD. by the extended due date of your return and once made was To determine your “Illinois net loss” start with federal taxable irrevocable for that tax year. income and apply all addition and subtraction modifications In addition, the special carryover periods in IRC Section 172, and all allocation and apportionment provisions. as in effect for a particular tax year, would apply to losses In order to have any available NLD applied to your return, you incurred in that year. For example, a “specified liability loss” must claim the deduction on Step 4, Line 30. See the specific incurred in 1998 may be carried back 10 years under IRC instructions for Step 4, Line 30. Section 172(b)(1)(c). If you have an Illinois net loss for this tax year, you must file Also, no limitations under IRC Section 382 or the separate Form IL-1041 reporting the loss in order to carry the loss return limitation year provisions of the federal consolidated forward to another year. return regulations apply to any NLD carryover. If corrections have been made to the loss amount What if I have a discharge of indebtedness? (e.g., federal audit or amended return), you must report the corrected amount when you file. If you had discharge of indebtedness income for a taxable year ending on or after December 31, 2008, and all or a Ensure you have filed returns for all periods in which portion of this income was excluded from your federal gross you were required to file an Illinois return. Unfiled returns may income due to bankruptcy or insolvency, then you may be result in disallowed losses, processing delays, and further required to reduce either or both (i) the net operating loss correspondence from IDOR. incurred in the taxable year of the discharge, and (ii) any net If you need more information about Illinois NLDs see the operating loss carryovers to the taxable year of the discharge. Schedule NLD Instructions or 86 Ill. Adm. Code Sections If you were required to reduce a federal net operating loss 100.2050 and 100.2300 through 100.2330. in the year of the discharge, you may have been required to What are the limitations of the Illinois NLD? reduce any Illinois net loss you incurred for the same year. This reduction is made on the Illinois income tax return you For tax years ending on or after December 31, 2021, Illinois filed for the loss year using the Loss Reduction Worksheet net losses cannot be carried back and can only be carried on Page 11 of these instructions. If you are a corporation forward for 20 tax years. (other than an S corporation) or trust and you were required For tax years ending on or after December 31, 2003, and to reduce or eliminate a federal net operating loss carryover before December 31, 2021, Illinois net losses can no longer because you had discharge of indebtedness income, you may be carried back, and can only be carried forward for 12 years. be required to reduce or eliminate your Illinois net operating However, the carryover period of any net loss that has not loss carryovers. This reduction is calculated on the Discharge expired as of November 16, 2021, shall be extended from of Indebtedness Worksheet on Schedule NLD. Attach a 12 years to 20 years. copy of your U.S. Form 982, Reduction of Tax Attributes For tax years ending on or after December 31, 1999, Due to Discharge of Indebtedness, to your return. For more and before December 31, 2003, all Illinois net losses information, see 86 Ill. Adm. Code Section 100.2310(c). must be carried back two years (unless an election to only carryforward is made) then forward 20 years. The election to carry a loss forward only was made by checking the Page 4 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | What is the standard exemption? • an irrevocable trust, whose grantor was domiciled in Illinois at the time the trust became irrevocable. For The standard exemption is $1,000. If you have a change in purposes of this definition, a trust is irrevocable to the your tax year end, and the result is a tax period of less than extent that the grantor is not treated as the owner of the 12 months, the standard exemption is prorated based on trust under IRC Sections 671 through 678. For a more the number of days in the short tax year. However, if this is detailed explanation of “domicile” and “resident,” see your first or final return, you are allowed to use the full-year Form IL-1040, Illinois Individual Income Tax Return, standard exemption even if it is a short tax year. If you are a General Information. nonresident, you must use Schedule NR (1041) to compute your exemption allowance. If you need further information, Nonresident means a person who is not a resident of Illinois, see the Illinois Income Tax Act, Section 401(b). as defined previously. For tax years beginning on or after January 1, 2017, In the following definitions, all references to “income” the standard exemption may not be claimed if the taxpayer’s include losses. adjusted gross income for the taxable year is $250,000 or Illinois base income is your federal taxable income, plus more. See specific instructions for more information. any additions on Lines 2 through 10, less any subtractions on Line 25. See specific instructions for Steps 2 and 3. What attachments do I need? Business income means all income (other than When filing your return there are certain types of income items compensation) that may be apportioned by formula among and subtraction modifications that require the attachment the states in which you are doing business without violating of Illinois or federal forms and schedules. Breakdowns, the Constitution of the United States. All income of a trust or statements, and other documentation may also be required. estate is business income unless it is clearly attributable to Instructions for these attachments appear throughout the only one state and is earned or received through activities specific instructions for completing your return. totally unrelated to any business you are conducting in more All Illinois forms and schedules include an than one state. Business income is net of all deductions “IL Attachment No.” in the upper right corner of the form. attributable to that income. Required attachments should be ordered numerically behind Nonbusiness income means all income other than the tax return, as indicated by the IL Attachment No. Failure to business income or compensation. For more information attach forms and schedules in the proper order may result in about the different types of nonbusiness income, see Illinois processing delays. Schedule NB Instructions. Required copies of documentation from your federal return A pass-through entity is any entity treated as a partnership, or other sources should be attached behind the completed subchapter S corporation, or trust for federal income tax Illinois return. purposes. You must attach a copy of your U.S. Form 1041, Pages 1 and Pass-through entity income is the income that any 2, to your Illinois return if you are required to file federally. partnership, subchapter S corporation, or trust passes through Schedule D, Beneficiary Information, must be completed and to its partners, shareholders, or beneficiaries. attached to all Form IL-1041 filings. PTE tax is an amount equal to 4.95 percent of the taxpayer’s If you are required to attach any Schedule(s) K-1-T, calculated net income for the tax year paid by a partnership Beneficiary’s Share of Income and Deductions, only attach (other than a publicly traded partnership under Section 7704 Schedule(s) K-1-T you received which lists your name and of the Internal Revenue Code) or subchapter S corporation FEIN in Step 2 of Schedule K-1-T. Do not attach copies of who elects to pay the tax for taxable years ending on or after Schedule(s) K-1-T you issued and which lists your name and December 31, 2021, and beginning prior to January 1, 2026. FEIN in Step 1 of Schedule K-1-T. PTE tax credit is the distributive share of the credit allowed When filing your Form IL-1041 include only forms as a result of a partnership or S corporation having elected to and schedules required to support your return. Send pay the PTE tax. correspondence separately to: PTE tax credit ILLINOIS DEPARTMENT OF REVENUE TAXPAYER CORRESPONDENCE • distributed to your beneficiaries is reported on PO BOX 19044 Schedule K-1-T, Line 50. SPRINGFIELD IL 62794-9044 • retained by the fiduciary is reported on Form IL-1041, Definitions to help you complete your Form IL-1041. Line 55d. Resident means Pass-through withholding is the amount required to be reported and paid by the pass-through entity on behalf of its • an individual who is present in Illinois for other than a nonresident partners, shareholders, and beneficiaries temporary or transitory purpose; • who have not submitted Form IL-1000-E, Certificate • an individual who is absent from Illinois for a temporary or of Exemption for Pass-through Withholding, to the transitory purpose but who is domiciled in Illinois; pass-through entity, and • the estate of a decedent who at his or her death was • who receive business and nonbusiness income from the domiciled in Illinois; pass-through entity. • a trust created by a will of a decedent who at his or her death was domiciled in Illinois; or IL-1041 Instructions (R-02/23) Page 5 of 23 |
Enlarge image | Pass-through withholding is When is nonbusiness income allocable to Illinois? • reported to your beneficiaries on the Schedule K-1-T you If the trust or estate is a resident, all nonbusiness income is send to them, allocable to Illinois. • reported to IDOR on your Form IL-1041 and Illinois If the trust or estate is a nonresident, items of income and Schedule D, and deduction which constitute nonbusiness income are allocable • paid with your return or voluntarily prepaid with to Illinois according to the following rules: Form IL-1041-V. • Interest and dividend income received by a nonresident If any of your beneficiaries are pass-through entities trust or estate is not allocable to Illinois. themselves, they are required to report and pay pass-through • Net rents and royalties withholding on behalf of their own nonresident partners, Real property — Rents and royalties from real property shareholders, or beneficiaries on the income you passed are allocable to Illinois if the property is located in Illinois. through. Your beneficiaries may claim a credit on their Illinois Income Tax return for pass-through withholding you reported Tangible personal property — Rents and royalties from and paid on their behalf. tangible personal property are allocable to Illinois to the extent the property is used in Illinois. The extent of use Trusts can both make and receive pass-through withholding. of tangible personal property in a state is determined Estates can receive pass-through withholding. by multiplying the rents and royalties derived from the • Pass-through withholding you owe on behalf of your property by a fraction, in which the numerator is the beneficiaries is a payment of pass-through withholding number of days the property is located in the state during you make on behalf of your nonresident beneficiaries the rental and royalty period in the tax year and the who have not submitted Form IL-1000-E to you. This denominator is the total number of days during all rental or amount will be reported on Form IL-1041, Line 53. royalty periods in the tax year. • Pass-through withholding reported to you is a • Patent and copyright royalties are allocable to Illinois to credit for pass-through withholding you receive on the extent the patent or copyright is used in Illinois. Schedules K-1-P and K-1-T as a partner, shareholder, or A patent is used in Illinois to the extent that it is employed beneficiary of a pass-through entity. This amount will be in production, fabrication, manufacturing, or other reported on Form IL-1041, Line 55c. processing in Illinois or to the extent that a patented If you are a nonresident and the pass-through withholding product is produced in Illinois. reported to you satisfies your Illinois Income Tax liability, you A copyright is used in Illinois to the extent that printing or are not required to file an Illinois Income Tax return. If you other publication originates in Illinois. had Illinois income from other sources and the pass-through withholding made on your behalf does not cover your liability, • Gains and losses from sales or exchanges of real or you must file a return to report the tax on all of your Illinois tangible property are in Illinois if the property is located in income and claim a credit for pass-through withholding made Illinois at the time of the sale or exchange. Gains or losses on your behalf. from the sale or exchange of intangible personal property are not allocable to Illinois. All residents and pass-through entities must file their own annual Illinois Income Tax return to claim a credit for any • Income from subchapter S corporations, partnerships pass-through withholding reported to them. and other fiduciaries paid to the trust or estate is allocable to Illinois as if the trust or estate received it When is business income allocable to Illinois? directly. See the Illinois Schedule(s) K-1-P furnished by If the trust or estate is a resident, all income received, the subchapter S corporation or partnership or the Illinois regardless of source, is allocable to Illinois. Schedule(s) K-1-T furnished by the other fiduciary to If the trust or estate is a nonresident and business income is determine what income is allocable to Illinois. derived • Illinois state lottery winnings, and proceeds from • wholly inside Illinois, the entire amount of business sales or other transfers of rights to lottery winnings income is allocable to Illinois; received by a nonresident fiduciary are allocable to Illinois. • wholly outside of Illinois, none of the business income is • Gross receipts of winnings from sports wagering allocable to Illinois; conducted in accordance with the Sports Wagering Act for taxable years ending on or after December 31, 2021, are • inside and outside of Illinois, complete Illinois allocable to Illinois. Schedule NR (Form IL-1041), Step 6. See the instructions for Illinois Schedule NR (Form IL-1041), Step 6. • Other unspecified items of income or deduction of a nonresident taxpayer are not allocable to Illinois. • from subchapter S corporations, partnerships, and other fiduciaries, the business income may be allocable to Illinois. See the Illinois Schedule(s) K-1-P, furnished by the subchapter S corporation or partnership or the Illinois Schedule(s) K-1-T furnished by the other fiduciary to determine what income is allocable to Illinois. Page 6 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | What does taxable in other states mean? You must use Illinois Schedule D to supply us with a listing of your beneficiaries, certain items of income, and Taxable in other states means you are subject to and actually pass-through withholding you made on their behalf. You must pay “tax” in another state. “Tax” means net income tax, complete all lines of Illinois Schedule D, as applicable, and file franchise tax measured by net income, or franchise tax for it with your Form IL-1041. the privilege of doing business. You are considered taxable in another state if that state has jurisdiction to subject you to a What if the trust makes an accumulation or capital net income tax, even though that state does not impose such gain distribution? a tax. This definition is for purposes of allocating nonbusiness If the trust makes an accumulation distribution or a capital income and apportioning business income inside or outside gain distribution (both as defined in IRC Section 665), Illinois. the portion of the distribution included in the income of a What is the fiduciary’s share or beneficiary’s share nonresident or part-year resident beneficiary (under IRC of income? Sections 668 and 669) is taxable to the extent that the trust income was allocable to Illinois before distribution. The fiduciary’s share of an item of income or deduction is that amount required to be taken into account in computing What if I participated in a reportable transaction? fiduciary taxable income for federal income tax purposes If you participated in a reportable transaction, including a for the tax year and is not paid, credited, or required to “listed transaction,” during this tax year and were required to be distributed to the beneficiaries of the trust or estate for disclose that transaction to the IRS, you are also required to that year. The fiduciary’s share of each of the addition and disclose that information to Illinois. subtraction items required under the IITA is that part of each You must send us two copies of the form used to disclose the item that relates and is attributable to the fiduciary’s share of transaction to the IRS. the items of income and deduction. • Mail the first copy of the federal disclosure statement to: The beneficiary’s share of each of the items is the amount that was properly paid, credited, or required to be distributed ILLINOIS DEPARTMENT OF REVENUE PO BOX 19029 to the beneficiary for the tax year. The items of income and SPRINGFIELD IL 62794-9029 deduction and the additions and subtractions that are deemed • Attach the second copy to your Illinois Income Tax return to have been paid, credited, or distributed must be taken into for the tax year that the IRS disclosure was required. Mail account by the beneficiaries in proportion to their respective the second copy and your Illinois Income Tax return to the shares of the distributable net income. address shown on your return. Do not mail the second When must I use Illinois Schedules K-1-T, K-1-T(3), copy and your Illinois Income Tax return to the address and D? listed above. You must use Illinois Schedule K-1-T to supply each What if I need additional assistance or forms? beneficiary with that individual’s or entity’s share of the • Visit our website at tax.illinois.gov for assistance, forms amounts reported on your federal and Illinois tax returns. or schedules. For Illinois Income Tax purposes, you must give a • Write us at: completed Illinois Schedule K-1-T and a copy of the Illinois Schedule K-1-T(2), Beneficiary’s Instructions, to each ILLINOIS DEPARTMENT OF REVENUE PO BOX 19001 beneficiary. Do not file copies of Illinois Schedule K-1-T SPRINGFIELD IL 62794-9001 that you issued to your beneficiaries with your • Call 1 800 732-8866 or 217 782-3336 (TDD, Form IL-1041. However, you must keep a copy of each telecommunications device for the deaf, at Illinois Schedule K-1-T with your tax records. See Illinois 1 800 544-5304). Schedule K-1-T(1), Instructions for Trusts and Estates Completing Schedule K-1-T and Schedule K-1-T(3), for more • Visit a taxpayer assistance office - 8:00 a.m. to 5:00 p.m. information. (Springfield office) and 8:30 a.m. to 5:00 p.m. (all other offices), Monday through Friday. Trusts only - You must use Illinois Schedule K-1-T(3), Pass-through Withholding Calculation for Nonresident Where should I file? Members, to calculate the required tax you must report • If a payment isenclosed with your return, mail your and pay on behalf of your nonresident beneficiaries who Form IL-1041 to receive business or nonbusiness income from you. You must complete the schedule if you have business or nonbusiness ILLINOIS DEPARTMENT OF REVENUE PO BOX 19053 income distributable to Illinois nonresident beneficiaries who SPRINGFIELD IL 62794-9053 have not provided you with Form IL-1000-E. You are required to complete Schedule K-1-T(3) for each such beneficiary and • If a payment is not enclosed, mail your Form IL-1041 to: keep a copy of the completed schedule in your files. Do not ILLINOIS DEPARTMENT OF REVENUE submit Schedule K-1-T(3) to IDOR unless we request it PO BOX 19009 from you. The information entered on this schedule will assist SPRINGFIELD IL 62794-9009 you in completing Illinois Schedule D. See Schedule K-1-T(1) for more information. IL-1041 Instructions (R-02/23) Page 7 of 23 |
Enlarge image | Specific Instructions Specific instructions for most of the lines are provided on the K — If you are claiming a special depreciation addition or following pages. If a specific line is not referenced, follow subtraction modifications on Form IL-1041, check the box and the instructions on the form. attach Form IL-4562, Special Depreciation, to your tax return. Step 1 — Identify your fiduciary L — If you are claiming other addition or subtraction A — All taxpayers: Type or print your legal business modifications on Form IL-1041, check the box and attach name. If you have a name change from last year, check the Schedule M, Other Additions and Subtractions (for corresponding box. businesses), to your tax return. B — Type or print your mailing address. If your address has M — If you are claiming related-party expense modifications changed since you filed your last return or if this is your first on your Form IL-1041, check the box and attach return, check the box. Schedule 80/20, Related-Party Expenses, to your tax return. If you checked the box in Line B because you have N — Check the box and attach a detailed statement if you never filed an Illinois return, you must also check the “first must adjust your loss or loss carryover due to Discharge of return” box in Line E. Indebtedness. For more information, see the instructions for Line 28, the Loss Reduction Worksheet on Page 11 of these C — Indicate if you are a trust or an estate by checking the instructions, Schedule NLD, and Schedule NLD Instructions. appropriate box. O — Check this box if you are a 52/53-week filer. Note: If you are filing a qualified revocable trust who has A 52/53-week filer is a fiscal filer with a tax year that varies made a U.S. Section 645 election, you must mark the estate from 52 to 53 weeks because their tax year ends on the same box. day of the week instead of the last day of the month. D — Indicate if you are an Electing Small Business Trust You must complete an IDOR-issued or previously (ESBT), an individual bankruptcy estate, or a complex trust or approved Form IL-1041 and corresponding schedules. estate without distributions by checking the appropriate box or Do not send a computer printout or spreadsheets with line boxes (you may check more than one). numbers and dollar amounts attached to a blank copy of the You may only indicate you are an return. • ESBT if you checked the “Trust” box on Step 1, Line C; or Step 2 — Figure your income or loss • individual bankruptcy estate if you checked the “Estate” Line 1 — Enter the amount from U.S. Form 1041, Line 23. box on Step 1, Line C. Attach a copy of your federal return. For individual bankruptcy estates, Illinois follows Do not include any capital gains on the lump-sum the federal filing procedures. You should complete distribution from a retirement plan that you reported on Form IL-1040, Individual Income Tax Return, and carry your U.S. Form 4972, instead of on Line 8 of your U.S. the tax amount to Step 6 of Form IL-1041 and check the Form 1041. Individual Bankruptcy box. On the top of Form IL-1040, write “Individual Bankruptcy Estate. Do not detach.” Under federal law, Paycheck Protection Program Attach Form IL-1040 to the back of Form IL-1041. (PPP) loan forgiveness is not considered taxable income and the business expenses covered by the PPP loan proceeds are E — If this is your first or final return, check the deductible business expenses. Currently, Illinois tax law has appropriate box and the box on Line 58 if you have a credit no addition modification to change this; therefore, the same carryforward on your final return. treatment flows through to the Illinois return and is included as F — Indicate your method of accounting by checking the part of federal taxable income. appropriate box. You must use the same accounting method Line 2 through 10 — Do not enter negative amounts on (e.g., cash or accrual) and tax year that you used for federal Lines 2 through 10. If you are claiming over-accrued taxes, income tax purposes. include them on Schedule M (for business), Line 24. G — Enter your entire federal employer identification number Line 2 — Enter the amount of net operating loss deduction (FEIN). A partial FEIN will delay the processing of your return. from U.S. Form 1041, Line 15b. H — If you are required to disclose reportable transactions Line 3 — If you are an Electing Small Business Trust (ESBT), and you have attached U.S. Form 8886, check the box. See and your net taxable income from subchapter S corporations “What if I participated in a reportable transaction?” for more is positive, enter that figure here. Also, you should include information. the amounts applicable from this trust in your addition and I — If your residency is not in Illinois, check the box and attach subtraction modifications. Attach a breakdown worksheet a completed Illinois Schedule NR (Form IL-1041) to your tax explaining each amount. If your net taxable income from return. subchapter S corporations is a loss, report it on Line 23. J — If you earned or can carryforward credits on Illinois Line 4 — Enter the exemption amount from your Schedule 1299-D, Income Tax Credits (for corporations and U.S. Form 1041, Line 21. If you are a qualified disability trust, fiduciaries), check the box and attach Illinois Schedule 1299-D enter $100 or the amount of your exemption, whichever is and any other required support listed on Schedule 1299-D less. to your tax return, even if you are unable to use any of the credits in this tax year. Page 8 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | Lines 5 through 10 - Addition Modifications — Any addition Include only additions reported to you on the modification required in the computation of base income Schedule(s) K-1-P or K-1-T you received from a pass-through should be adjusted by any amount permanently set aside for entity in which you are an investing partner or shareholder or charitable purposes pursuant to IRC Section 642(c). a beneficiary. Do not attach copies of Schedules K-1-T you Enter the addition modifications in Column A if the item is issued to your beneficiaries. You should keep copies of these included in figuring your beneficiaries’ income. schedules in your records. Enter the addition modifications in Column B if the item is Line 10 — Enter the addition amount calculated on Illinois included in figuring your income. Schedule M, Step 2, Line 11. Attach a copy of Illinois Line 5 — You must add back any amount of Illinois Income Schedule M to your Form IL-1041. and Replacement taxes and surcharge that you deducted on The sum of the amounts reported in columns A and B your U.S. Form 1041 to arrive at your federal taxable income. of this line should match the total amount reported on Illinois You are not required to add back taxes from other states that Schedule M, Step 2, Line 11. you included as a federal deduction. The following are examples of items that must be added to Line 6 — Enter the total of all amounts excluded from federal taxable income and are included on the Illinois Schedule M. taxable income that were received or accrued as interest • Notes, bonds, debentures, or obligations issued by the during the tax year. Governments of Guam, American Samoa, Puerto Rico, Line 7 — Enter the addition amount calculated on the Northern Mariana Islands, or the Virgin Islands. Form IL-4562, Step 2, Line 4. For more information, see • Lloyd’s plan of operations loss if reported on your behalf Form IL-4562 and Instructions. Attach Form IL-4562 to your on Form IL-1065, Partnership Replacement Tax Return, Form IL-1041. and included in your federal taxable income. The sum of the amounts reported in columns A and • Nonresidents only: Business Expense Recapture - B of this line should match the total amount reported on Deductions you claimed this year and in your two most Form IL-4562, Step 2, Line 4. recent tax years for expenses connected with income Line 8 — Enter the interest or intangible expenses, or from an asset or activity which were reported as business insurance premiums paid to an affiliated company, to the income in prior years and as nonbusiness income on extent these expenses exceed any taxable dividends you this return. This recapture should be allocated to the received from the affiliated company. To compute the amount fiduciary to the extent the business expenses were of this addition, complete Step 2 of Illinois Schedule 80/20, allocated to the fiduciary in the year they were deducted. and enter on Line 8 the total from Illinois Schedule 80/20, See Illinois Schedule NR (Form IL-1041, and Illinois Step 2, Line 9. Attach Illinois Schedule 80/20 to your Schedule NR (Form IL-1041) Instructions for more Form IL-1041. information. The sum of the amounts reported in columns A and B • Any other state’s income tax deducted from federal of this line should match the total amount reported on Illinois taxable income, if a corresponding credit is claimed on Schedule 80/20, Step 2, Line 9. Illinois Schedule CR (Form IL-1041), Credit for Tax Paid Some interest and intangible expenses may be exempt to Other States. Only add back the taxes for which you from this add-back provision. See Illinois Schedule 80/20 are claiming a credit. Instructions for more information including definitions of • The smaller of any capital loss on U.S. Form 1041, Line 4 “affiliated company,” “intangible expenses,” and “intangible that you may carryforward or any negative amount on assets.” U.S. Form 1041, Line 22. Line 9 — If you are a beneficiary in another trust or Step 3 — Figure your base income or loss estate, a partner in a partnership, or a shareholder in a Lines 13 through 25 - Subtraction Modifications — Do not subchapter S corporation, include your distributive share enter negative amounts on Lines 13 through 25. of additions received from the trust, estate, partnership, or subchapter S corporation on Schedules K-1-P or K-1-T. If Any subtraction modification required in the computation you receive multiple schedules because you are a recipient of base income should be adjusted by any amount from multiple entities, you should enter the combined permanently set aside for charitable purposes pursuant to total of Step 5, Column A, Lines 32 through 37, from all IRC Section 642(c). Illinois Schedules K-1-P you receive and Step 5, Column A, Enter the subtraction modifications in Column A if the item is Lines 30 through 35, from all Illinois Schedules K-1-T you included in figuring your beneficiaries’ income. receive. Attach a copy of all Illinois Schedules K-1-P and Enter the subtraction modifications in Column B if the item is K-1-T to your Form IL-1041. included in figuring your income. The trust or estate is required to send you A double deduction is prohibited by IITA, Section 203(g). You an Illinois Schedule K-1-T and Schedule K-1-T(2), cannot deduct the same item more than once when figuring Beneficiary’s Instructions, and the partnership or your subtractions. subchapter S corporation is required to send you an Illinois Schedule K-1-P and Schedule K-1-P(2), Instructions for Partnerships and S Corporations Completing Schedule K-1-P, and Schedule K-1-P(3), specifically identifying your share of income. IL-1041 Instructions (R-02/23) Page 9 of 23 |
Enlarge image | Line 13 — Enter the amount from Illinois Schedule F in Illinois Publication 101, Income Exempt from Tax. This (Form IL-1041), Gains from Sales or Exchanges of Property amount is net of any bond premium amortization deducted Acquired Before August 1, 1969, Line 18. Capital gain, or federally. Section 1245 or 1250 gain, on property acquired before Line 16 — Enter any retirement payments to retired partners August 1, 1969, may be limited by the value of the property that were received by the trust or estate and excluded on August 1, 1969. See Illinois Schedule F for instructions. in computing net earnings from self-employment by IRC Attach Illinois Schedule F, and a copy of U.S. Schedule D Section 1402. (or U.S. Form 8949), U.S. Form 4797, and U.S. Form 6252, You must attach Illinois Schedule 1299-B, River if filed. Edge Redevelopment Zone or Foreign Trade Zone Line 14 — Enter the federally taxed portion of any qualified (or sub-zone) Subtractions, to your Form IL-1041 if you distribution received from have an amount on Lines 17 and 18. • a qualified employee pension, profit sharing, stock Line 17 — Enter the River Edge Redevelopment Zone bonus, or bond purchase plan, or from a government Dividend subtraction from Illinois Schedule 1299-B, Step 1, (including military) retirement or disability plan. Report Line 3. only such distribution that was included in taxable Line 18 — Enter the High Impact Business Dividend income on U.S. Form 1041, Line 8. Attach a copy of subtraction from Illinois Schedule 1299-B, Step 1, Line 6. U.S. Form 1041, Page 1, and supporting schedule for Line 8. Line 19 — Enter the amount of any contribution made to a job training project established under the “Tax Increment • an Individual Retirement Account (IRA), a self-employed Allocation Redevelopment Act,” as amended. For further retirement plan (SEP), or a 401(k) plan. information, see Illinois Compiled Statutes, Chapter 65, • a lump-sum distribution of cash or property from a paragraph 5/11-74.4-1 et seq. qualified plan (e.g., employer securities or retirement Line 20 — Enter the subtraction allowance from Form IL-4562, income, endowment or life insurance contracts). Report Step 3, Line 13. Attach Form IL-4562 to your Form IL-1041. the total distribution treated as long-term capital gain shown on U.S. Schedule D plus any amount treated as The sum of the amounts reported in columns A and B ordinary income and included in U.S. Form 1041, Line 8. of this line should match the total amount reported on Attach a copy of U.S. Schedule D and U.S. Form 1041, Form IL-4562, Step 3, Line 13. Page 1, and supporting schedule for Line 8. Line 21 — Enter the amount from Illinois Schedule 80/20, • the redemption of U.S. Retirement Bonds. Attach a copy Step 4, Line 23. Attach Illinois Schedule 80/20 to your of U.S. Form 1041, Page 1, and supporting schedule Form IL-1041. for Line 8. The sum of the amounts reported in columns A and B • gain on the sale or exchange of employer securities. of this line should match the total amount reported on Illinois Complete Form IL-4644, Gains from Sales of Employer’s Schedule 80/20, Step 4, Line 23. Securities Received from a Qualified Employee Benefit You should use Illinois Schedule 80/20 Plan, to compute the subtraction. Attach Form IL-4644 to • if you added back interest paid to an affiliated company your Form IL-1041. on Step 2, Line 8, you may subtract any interest received Do not subtract any capital gains on the lump-sum from that affiliated company during this tax year, up to the distribution from a retirement plan that you reported amount of your addition for interest expense paid to that on your U.S. Form 4972, rather than on U.S. Form 1041, company. Also, if you added back intangible expenses Line 8. These amounts are excluded from your federal from a transaction with an affiliated company on Line taxable income on Form IL-1041, Line 1, and cannot be 8, you may subtract any income you received during subtracted. the tax year from similar transactions with the affiliated You must notify each beneficiary of his or company, up to the amount of your addition for intangible her share of any amount included on Line 14, Column A, expense for that company. To compute the amount of this that is attributable to a capital gain distribution or to a gain subtraction, complete Illinois Schedule 80/20. realized on the disposition of employer securities. You must • if you are an affiliated company, and you received also advise the beneficiary that his or her share of any interest or intangible income from someone who had to such amount is to be reported only if he or she is limiting add back the interest and intangible expense on their capital gain on the disposition of property acquired before Illinois Schedule 80/20, you may subtract your interest or August 1, 1969, on Illinois Schedule F. If the beneficiary is intangible income from that person. an individual, he or she will include the amount on Illinois Line 22 — Enter your distributive share of subtractions Schedule F (Form IL-1040), Line 13. If the beneficiary is a passed through to you on Schedules K-1-P or K-1-T by a trust or estate, the fiduciary will include the amount on Illinois partnership, S corporation, trust, or estate that you were either Schedule F (Form IL-1041), Line 14. a partner, a shareholder, or a beneficiary of. Do not include Line 15 — Enter the total interest received or accrued from any amounts passed through that are reflected on Illinois U.S. Treasury bonds, notes, bills, federal agency obligations, Schedule 1299-B. Attach a copy of all Illinois Schedules and savings bonds that is included in your federal taxable K-1-P and K-1-T you received to your Form IL-1041. income. You may not subtract anything that is not identified Page 10 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | The partnership or the subchapter S corporation • reparations or other amounts received as a victim is required to send you an Illinois Schedule K-1-P and of persecution for racial or religious reasons by Nazi Schedule K-1-P(2) and the trust or estate is required to Germany or any other Axis regime that are included in send you an Illinois Schedule K-1-T and Schedule K-1-T(2), your federal taxable income. Also include any reparations specifically identifying your share of subtractions. or other amounts received as an heir of such victim that Include only subtractions reported to you on the are included in your federal taxable income; Schedule(s) K-1-P or K-1-T you received from a pass-through • any other income included on Step 2, Line 11, exempt entity in which you are an investing partner or shareholder or from taxation by Illinois by reason of its Constitution or a beneficiary. Do not attach copies of Schedules K-1-T you statutes or by the Constitution, treaties, or statutes of the issued to your beneficiaries. You should keep copies of these United States. This amount is net of any bond premium schedules in your records. amortization deducted federally. Line 23 — If you are an ESBT, enter the amount of net Line 26 — Subtract Line 25 from Line 12. If you are a resident taxable income if it is a loss passed through to you by of Illinois enter this amount on Step 4, Line 27. The base subchapter S corporations. Also, you should include the income of a resident trust or estate is not subject to allocation amounts applicable from this trust in your addition and or apportionment. The entire amount is allocated to Illinois subtraction modifications. Attach a breakdown worksheet under the provisions of the IITA. If you are a nonresident of explaining each amount. Net positive income from subchapter Illinois, complete Illinois Schedule NR (Form IL-1041) before S corporations is reported on Line 3. completing Step 4. Attach Illinois Schedule NR (Form IL-1041) Do not enter an amount on Line 23a. to your Form IL-1041. For more information, see Illinois Schedule NR (Form IL-1041) Instructions. Line 24 — Enter the subtraction amount calculated on Illinois Schedule M, Step 3, Line 36. Attach a copy of Illinois Step 4 — Figure your net income Schedule M to your Form IL-1041. Line 27 — Follow the instructions on the form. If this amount The sum of the amounts reported in columns A and B is a loss, you may be allowed to carry it forward to other years of this line should match the total amount reported on Illinois as an Illinois net loss deduction (NLD). Schedule M, Step 3, Line 36. Line 28 — If you were required to reduce the net operating You may not subtract anything that is not identified below, loss reported on your U.S. Form 1041 because you excluded on Schedule M (for businesses), or in Illinois Publication 101. any discharge of indebtedness income from this tax year’s Subtractions allowed on Illinois Schedule M include: gross income, then you may be required to reduce the net • notes, bonds, debentures, or obligations issued by the loss reported on Line 27. Use the Loss Reduction Worksheet Governments of Guam, American Samoa, Puerto Rico, below to figure your loss reduction. the Northern Mariana Islands, or the Virgin Islands, to the Check the box in Step 1, Line N. extent that you were required to add these amounts to Attach a copy of your U.S. Form 982, Reduction of Tax your federal taxable income; Attributes Due to Discharge of Indebtedness, and a • Lloyd’s plan of operations income if reported on your detailed statement, including the amounts and tax year, of behalf on Form IL-1065 and included in your federal the debt and reason for reduction to your Form IL-1041. For taxable income; more information, see 86 Ill. Adm. Code Section 100.2310(c). • the amount equal to the deduction used to compute the If you also have Illinois net operating loss carryovers federal tax credit for restoration of amounts held under to the tax year of the debt cancellation, you may also be claim of right under IRC Section 1341; required to reduce these carryovers. See Schedule NLD and • the amounts disallowed as federal deductions or interest Schedule NLD Instructions for more information. expenses under IRC Sections 171(a)(2), 265, or 280C; Loss Reduction Worksheet 1 Enter the amount of the reduction to your federal net operating losses See federal 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-1041, Line 28. 3 _________________ Line 1 — Follow the instructions in Line 1. 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 Schedule NR for the tax year of the debt cancellation. Line 3 — Follow the instructions on the form. IL-1041 Instructions (R-02/23) Page 11 of 23 |
Enlarge image | Line 29 — If you have a discharge of indebtedness If you claimed an Illinois Enterprise Zone or River Edge adjustment on Line 28, add Lines 27 (a negative number) Redevelopment Zone Investment Credit, High Impact and 28 (a positive number), and enter the result here. This Business Investment Credit, or Angel Investment Credit in a amount cannot be greater than zero. prior year on Illinois Schedule 1299-D, and any of the property If you do not have a discharge of indebtedness becomes disqualified, you must use Illinois Schedule 4255 to adjustment, enter zero on Line 28 and the amount from compute the amount of recapture. Credit must be recaptured Line 27 on Line 29. in the year in which the property became disqualified. For more information, see Illinois Schedule 4255. Line 30 — Enter your Illinois net loss deduction carryforward as determined from Illinois Schedule NLD, Step 1, Line 7, total Line 45 — Enter the amount from Illinois Schedule box. Attach Illinois Schedule NLD to your Form IL-1041. CR (Form IL-1041), Step 5, Line 59. Attach Illinois Schedule CR and all required supporting documents Line 31 — The standard exemption is $1,000. If you have to your Form IL-1041. For more information, see Illinois a change in your tax year end, and the result is a tax period Schedule CR Instructions. of less than 12 months, the standard exemption is prorated based on the number of days in the short tax year. However, Line 46 — Enter the amount from Illinois Schedule 1299-D, if this is your first or final return, you are allowed to use Step 2, Line 10. The total of all credits is limited to the the full-year standard exemption even if it is a short tax total income tax shown on Line 44. Attach Illinois year. If you are a nonresident, you must use Schedule NR Schedule 1299-D and any other required support listed (Form IL-1041) to compute your exemption allowance. on Schedule 1299-D to your Form IL-1041. For more information, see Illinois Schedules 1299-D and 1299-I, Income This figure cannot be greater than “$1,000.” The standard Tax Credits Information and Worksheets. exemption is $0.00 if your adjusted gross income (AGI) is $250,000 or more. You should make the determination about Step 7 — Figure your refund or balance due your AGI based on AGI under IRC Section 67(e). Line 51 — Compassionate Use of Medical Cannabis Program Step 5 — Figure your net replacement tax - For Act surcharge. trusts only, estates go to Step 6 Definitions Line 35 — Enter your recapture of investment credits from Organization registrantmeans a corporation, partnership, Illinois Schedule 4255, Step 5, Column D, Line 20. trust, limited liability company (LLC), or other organization, If you claimed any Illinois investment tax credit in a prior year that holds either a medical cannabis cultivation center on Form IL-477, and any of the property was disqualified registration issued by the Illinois Department of Agriculture within 48 months of being placed in service, you must use or a medical cannabis dispensary registration issued by the Illinois Schedule 4255 to compute the amount of recapture. Illinois Department of Financial and Professional Regulation. Credit must be recaptured in the year the property became Transactions subject to the surchargemeans sales and disqualified. exchanges of Line 37 — Enter the amount from Illinois Schedule CR • capital assets; (Form IL-1041), Step 5, Line 60. Attach Illinois Schedule • depreciable business property; CR and all required supporting documents to your • real property used in the trade or business; and Form IL-1041. For more information, see Illinois Schedule CR Instructions. • Section 197 intangibles of an organization registrant. Line 38 — Enter the amount from Form IL-477, Step 1, What is the surcharge? Line 13. Attach Form IL-477 and any other required For each taxable year beginning or ending during the support listed on Form IL-477 to your Form IL-1041. Compassionate Use of Medical Cannabis Program, a You may claim a replacement tax investment credit of surcharge is imposed on all taxpayers on income arising from .5 percent (.005) of the basis of qualified property placed in the transactions subject to the surcharge of an organization service in Illinois during the tax year. registrant under the Compassionate Use of Medical Cannabis Program Act. An additional credit of up to .5 percent (.005) of the basis of qualified property is available if your Illinois base employment The amount of the surcharge is equal to the amount of federal increased over the preceding year or if your business is new income tax liability for the taxable year attributable to the to Illinois. Excess credit may be carried forward for five years transactions subject to the surcharge. following the excess credit year. For more information, see To whom does the surcharge apply? Form IL-477 Instructions. The surcharge is imposed on any taxpayer who incurs a Step 6 — Figure your net income tax - For trusts and federal income tax liability on the income realized on a estates “transaction subject to the surcharge,” including individuals and other taxpayers who are not themselves the “organization Line 42 — Multiply Line 41 by 4.95% (0.0495). registrant” that engaged in the transaction. Line 43 — Enter the total of your recapture of A line has been included on Schedules K-1-P and K-1-T investment credits from Illinois Schedule 4255, Step 5, to identify the amount of federal income attributable to Columns A, B, and C, Lines 20 and Step 6, Line 27. See transactions subject to the surcharge that was passed through Schedule 4255 Instructions for more information regarding the to you on U.S. Schedule K-1. recapture of investment credits. Page 12 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | Although a unitary business group filing combined • bankruptcy, a receivership, or a debt adjustment Illinois returns is treated as a single taxpayer and its members initiated by or against the initial licensee or the are jointly and severally liable for any surcharge imposed on substantial owners of the initial licensee; the group, the group itself is not an organization registrant and • cancellation, revocation, or termination of any such transactions of any member that is not itself an organization license by the Illinois Gaming Board or the Illinois registrant are not subject to the surcharge. Racing Board; How do I figure the surcharge? • a determination by the Illinois Gaming Board that If the surcharge applies to you, complete the Surcharge transfer of the license is in the best interests of Illinois Worksheet below. gaming; For more information, see 86 Ill. Adm. Code Section 100.2060. • the death of an owner of the equity interest in a Line 52 — Sale of Assets by Gaming Licensee surcharge licensee; Definitions • acquisition of a controlling interest in the stock or substantially all of the assets of a publicly traded Gaming licensee is an organization licensee under the Illinois company; Horse Racing Act of 1975 and/or an organization gaming licensee under the Illinois Gambling Act. • a transfer by a parent company to a wholly owned subsidiary; or Transactions subject to the surchargemeans sales and exchanges of • the transfer or sale to or by one person to another person where both persons were initial owners of the • capital assets; license when the license was issued; • depreciable business property; • the controlling interest in the organization gaming • real property used in the trade or business; and license, organization license, or racetrack property is • Section 197 intangibles of a gaming licensee. transferred in a transaction to lineal descendants in What is the surcharge? which no gain or loss is recognized or as a result of For each taxable year 2019 through 2027, a surcharge a transaction in accordance with Section 351 of the is imposed on all taxpayers on income arising from the Internal Revenue Code in which no gain or loss is transactions subject to the surcharge of a gaming licensee. recognized; or The amount of the surcharge is equal to the amount of federal • live horse racing was not conducted in 2010 at a income tax liability for the taxable year attributable to the racetrack located within 3 miles of the Mississippi transactions subject to the surcharge. River under a license issued pursuant to the Illinois Horse Racing Act of 1975. To whom does the surcharge apply? The transfer of an organization gaming license, organization The surcharge is imposed on any taxpayer who incurs a license, or racetrack property by a person other than the initial federal income tax liability on the income realized on a licensee to receive the organization gaming license is not “transaction subject to the surcharge,” including individuals subject to a surcharge. and other taxpayers who are not themselves the “gaming licensee” that engaged in the transaction. A line has been included on Schedule K-1-P and Schedule K-1-T to identify the amount of taxable gains The surcharge imposed shall not apply if attributable to transactions subject to the surcharge that was • the organization gaming license, organization license, or passed through to you on U.S. Schedule K-1. racetrack property is transferred as a result of any of the following: Surcharge Worksheet for IL-1041 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-1041, Step 7, Line 51 or the Column B total on Form IL-1041, Step 7, Line 52. 3 ______________ 3 ______________ IL-1041 Instructions (R-02/23) Page 13 of 23 |
Enlarge image | Although a unitary business group filing combined Schedules K-1-P and K-1-T, Step 1, Line 3, must be Illinois returns is treated as a single taxpayer and its members completed or you will not receive credit for the pass-through are jointly and severally liable for any surcharge imposed withholding or PTE tax credit reported to you. on the group, the group itself is not a gaming licensee and See “Definitions to help you complete your Form IL-1041” in transactions of any member that is not itself a gaming licensee these instructions for more information. are not subject to the surcharge. Do not attach copies of Schedules K-1-T you How do I figure the surcharge? issued to your beneficiaries. You should keep copies of these If the surcharge applies to you, complete the Surcharge schedules in your records. Worksheet on Page 13. Line 55e — Enter the amount of Illinois income tax withheld Line 53 — Complete all sections of Illinois Schedule D and on wages and salaries (of a decedent), gambling withholding, enter the amount from Illinois Schedule D, Section A, Line 3 and sports wagering winnings withholding that was received on this line. This is the amount of pass-through withholding by you. you owe on behalf of your beneficiaries. Attach Illinois This withholding must be claimed by the fiduciary. Schedule D to your Form IL-1041. See “Definitions to help Also include any Illinois Income Tax withheld as reported you complete your Form IL-1041” in these instructions for on any U.S. 1099 forms you received. Attach Forms W-2, more information. W-2G, and any U.S. 1099 forms you received to your Do not include on Line 53 any pass-through Form IL-1041. withholding reported to you on Schedule(s) K-1-P or K-1-T. For Lines 55c, 55d, and 55e – Grantor trusts Pass-through withholding amounts reported to you are distribute all amounts reported on any Schedule K-1-P or included on Step 7, Line 55c. K-1-T they receive to the grantor identified on Schedule K-1-P, Line 54 — Add Lines 49 through 53 and enter the total on Line 9b, or Schedule K-1-T, Line 8b. The distributed amounts this line. This is your total net income and replacement taxes, are reported by the grantor on their own Illinois return. Review surcharge, and pass-through withholding you owe. the Schedule K-1-P(2) or Schedule K-1-T(2) Instructions. Line 55a — Enter the sum of any overpayment from your Line 58 — Enter the amount of overpayment you elect to be prior year tax returns that you requested to be applied to this credited forward. Check the box on this line if this is your final year’s tax return. Take into account any correspondence we return and any remaining carryforward is being transferred may have sent you that changed the amount of your credit to another entity. Attach a detailed statement to your return carryforward from the previous year. listing the FEIN of the entity receiving the credit carryforward, Line 55b — Enter the sum of any the date the credit was transferred, and the reason for the transfer. • voluntary estimated payments or tax prepayments made before the date this return is filed, Step 1, Line E, must also be completed if you are transferring an overpayment to another entity. • extension payments made before the original due date of the return, and Your credit carryforward will not be applied if you do not file a processable return. • other payments made before the date this return is filed. Your credit carryforward may be reduced by us Line 55c — Enter the amount of Illinois pass-through due to corrections we make to your return, or to satisfy any withholding reported to you by partnerships, S corporations, unpaid tax, penalty, and interest due for this year or any other or trusts on Schedule(s) K-1-P or K-1-T. If you received more year. If we reduce your credit carryforward, it may result in a than one Schedule K-1-P or K-1-T, add the amounts you wish late-payment penalty in a subsequent year. to claim from all the schedules and enter the total on Line 55c. To which tax year will my credit apply? Do not include on Line 55c any pass-through withholding or pass-through entity tax you owe on behalf of If your 2022 return was filed your beneficiaries. Pass-through withholding amounts you on or before the original filing and payment due date owe on behalf of your beneficiaries is included on Step 7, of your return, your credit will be applied to the next full Line 53. tax year, unless you elect to apply the credit to a different Line 55d — Enter the amount of PTE tax credit reported tax year. to you on Schedule(s) K-1-P and K-1-T that is retained by Example 1: You file your 2022 calendar-year the fiduciary. If you received more than one Schedule K-1-P return on March 1, 2023, requesting to receive your or K-1-T, add the amounts you wish to claim from all the overpayment as a credit. March 1, 2023, falls before schedules and enter the total on Line 55d. the original filing and payment due date of the 2022 PTE tax credit passed through to beneficiaries is reported on tax year (April 18, 2023, for calendar-year filers). Schedule K-1-T, Line 50. Your credit will be applied against your 2023 tax year liability. Do not include any PTE tax credit passed through to beneficiaries on Schedule D Section B, Line H. after the original filing and payment due date of your return, your credit will be applied to the next full tax year For both Lines 55c and 55d: in which timely payments can be made as of the date you Attach copies of the Schedules K-1-P and K-1-T you received are filing this return, unless you elect to apply the credit to from pass-through entities to your Form IL-1041. a different tax year. Page 14 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | Example 2: You file your 2022 calendar-year return Any payments made after the date you filed that return can on August 4, 2023, requesting to receive your only be claimed as an overpayment credit on a subsequent overpayment as a credit. August 4, 2023, is after the amended return. original filing and payment due date of the 2022 tax May I apply my credit to a different tax year? year (April 18, 2023, for calendar-year filers), but is Yes. If you wish to apply your credit to a tax year other than before the original filing and payment due date of the the one during which you file this return, you must submit a 2023 tax year (April 15, 2024, for calendar-year filers). separate request in writing to: Your credit will be applied against your 2023 tax year liability. ILLINOIS DEPARTMENT OF REVENUE PO BOX 19004 Example 3: You file your 2022 calendar-year SPRINGFIELD IL 62794-9004 return on April 23, 2024, requesting to receive your Submit your request at the time you file your return. overpayment as a credit. April 23, 2024, is after the Do not submit your return to this address. original filing and payment due date of the 2023 tax Your request must include year (April 15, 2024, for calendar-year filers), but is before the original filing and payment due date of the • your name, 2024 tax year (April 15, 2025, for calendar-year filers). • your FEIN, Your credit will be applied against your 2024 tax year • the tax year of the return creating the overpayment, and liability. • the tax year you wish to have the credit apply. If you wish to apply the credit to a different tax year, If you do not follow these instructions, your election will be see “May I apply my credit to a different tax year?” considered invalid and we will not apply your credit as you With what date will my credit apply against my tax requested. liability? If you submit a valid request, we will apply your credit as you If your 2022 return was filed requested and notify you. Once made, your election to change on or before the extended due date of your return the tax year to which your credit will apply is irrevocable. (October 16, 2023, for calendar-year filers), your credit Requests will be worked in the order we receive them. is considered to be paid on the original due date of this You may only apply your credit to tax years occurring return (April 18, 2023, for calendar-year filers). after the year of the return creating the overpayment. If you However, if all or a portion of your overpayment results request to apply more credit than our records show you have from payments made after the original due date of this available, we will apply the maximum amount available and return, that portion of your credit is considered to be paid notify you of the difference. on the date you made the payment. Lines 59 — Follow the instructions on the form. Your refund Example 1: You file your 2022 calendar-year return will not 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 requesting $500 be applied as a credit. All of your unpaid tax, penalty, and interest due for this year or any other payments are made before the original due date of year. your return. Your credit of $500 will be considered to Line 60 — Direct deposit information. be paid on April 18, 2023. If you choose to deposit your refund directly into your Example 2: You file your 2022 calendar-year checking or savings account, you must return on or before the extended due date of your return requesting $500 be applied as a credit. Your • Enter your routing number. overpayment includes payments of $400 you made • For a checking account, your routing number must before the original due date of your return, and a $100 be nine digits and the first two digits must be 01 payment you made on June 1, 2023. Your credit of through 12 or 21 through 32. $400 will be considered to be paid on April 18, 2023. The sample check following these instructions has The remaining $100 credit will be considered to be an example of a routing number. paid on June 1, 2023. • For a savings account, you must contact your after the extended due date of your return, your credit financial institution for your routing number. is considered to be paid on the date you filed the return on • Check the appropriate box to indicate whether you want which you made the election. your refund deposited into your checking or savings Example 3: You file your 2022 calendar-year return account. on December 1, 2023, requesting $500 be applied • Enter your account number. as a credit. Your credit of $500 will be considered to be paid on December 1, 2023, because you filed • For a checking account, your account number may your return after the extended due date of your 2022 be up to 17 digits. calendar-year return. The sample check following these instructions If you are filing your return after the extended due has an example of an account number. date, you may only elect to claim an overpayment credit for • For a savings account, you must contact your payments received on or before the date you filed your return. financial institution for your account number. IL-1041 Instructions (R-02/23) Page 15 of 23 |
Enlarge image | Step 8 — Signature, date, and paid preparer’s information You must sign and date your return. If you do not sign your return, it will not be considered filed and you may be subject to a nonfiler penalty. If you pay someone to prepare your return, the income tax return preparer must also sign and date the return, enter the preparer tax identification number (PTIN) issued to them by the Internal Revenue Service, and provide their firm’s name, FEIN, address, and phone number. If you want to allow the paid preparer listed in this step Do not use your account and routing numbers from your to discuss this return with IDOR, check the box. This checking or savings accountdeposit slip.Do not include authorization will allow your paid preparer to answer any your check number. Include hyphens, but omit spaces and questions that arise during the processing of your return, call special symbols. You may have unused boxes. us with questions about your return, and receive or respond If your financial institution does not honor your request to notices we send. The authorization will automatically end for direct deposit, we will send you a check instead. no later than the due date for filing your next year’s tax return We do not support international ACH transactions. (excluding extensions). You may revoke the authorization at We will only deposit refunds into accounts located within the any time by calling or writing us. 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 61 — 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 a payment voucher, Form IL-1041-V, make your check or money order payable to “Illinois Department of Revenue” and attach them to the front of your 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-1041. 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?”). Page 16 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | Illinois Schedule D Instructions General Information appropriate documentation when requested may result in a referral to our Audit Bureau for compliance action. Read this information before completing Illinois Schedule D. Amounts listed on the Schedule(s) K-1-T and Fiduciaries must complete Illinois Schedule D. Do not Schedule(s) K-1-T(3) you complete are carried to your send a computer printout with line numbers and dollar Illinois Schedule D and then reported on your Form IL-1041. amounts attached to a blank copy of the schedule. Computer Therefore, you must complete Schedule(s) K-1-T and generated printouts are not acceptable, even if they are in the Schedule(s) K-1-T(3) before completing Schedule D. same format as IDOR’s forms. Computer generated forms from an IDOR-approved software developer are acceptable. In order to ensure you complete Schedule D correctly, do the following in order: What is a resident? Complete all Schedule(s) K-1-T and A resident is Schedule(s) K-1-T(3), as applicable, for your beneficiaries • an individual who is present in Illinois for other than a before completing any section of Illinois Schedule D. temporary or transitory purpose; The information reported on Schedule(s) K-1-T and • an individual who is absent from Illinois for a temporary or Schedule(s) K-1-T(3) will be used to complete Illinois transitory purpose but who is domiciled in Illinois; Schedule D. See Schedule K-1-T(1) for more information. • the estate of a decedent who at his or her death was Complete Section B of Illinois Schedule D before completing domiciled in Illinois; Section A of Illinois Schedule D. Section B reports specific amounts from each Schedule K-1-T and Schedule K-1-T(3) • a trust created by a will of a decedent who at his or her you completed. Section B is required to be completed in full in death was domiciled in Illinois; or order to avoid processing delays, further correspondence, or • an irrevocable trust, whose grantor was domiciled in delays in the processing of any overpayments. Illinois at the time the trust became irrevocable. For Complete Section A of the Illinois Schedule D. Section A purposes of this definition, a trust is irrevocable to the reports total amounts from Section B, and is required to extent that the grantor is not treated as the owner of the be completed in full in order to avoid processing delays, trust under Internal Revenue Code (IRC) Sections 671 further correspondence, or delays in the processing of any through 678. overpayments. What is a nonresident? Carry the amount from Illinois Schedule D, Section A, Line 3 A nonresident is a person who is not a resident, as previously to your Form IL-1041, as applicable. defined. Corporations, S corporations, partnerships, and See the Schedule K-1-T(1) Instructions and Illinois exempt organizations are considered nonresidents for Schedule D, Specific Instructions, for more information. purposes of Illinois Schedule D. What is the purpose of Illinois Schedule D? What do Section B, Lines F and G report? The purpose of Illinois Schedule D, Beneficiary Information, Lines F and G report certain items of income and is for you to identify any person who was a beneficiary during pass-through withholding you reported to your nonresident your tax year. beneficiaries on the Schedule K-1-T you issued to them. Illinois Schedule D also allows you to identify your How do I determine the amounts to report in Section B, beneficiaries that are subject to the Illinois Personal Property Lines F and G? Tax Replacement Income Tax and to figure the share Before completing Illinois Schedule D you must complete of distributable income or loss that is to be added to or Schedule(s) K-1-T and Schedule(s) K-1-T(3) for each of subtracted from your base income. your nonresident beneficiaries, as applicable. The amounts Is Schedule D required? reported on those schedules will be used to complete Illinois Schedule D, Section B, Lines F and G. Yes. You are required to have a copy of this form on file. You must attach a copy to your Form IL-1041, Illinois Fiduciary Estates are not required to make pass-through withholding on Income and Replacement Tax Return. behalf of their nonresident beneficiaries. Illinois Schedule D supports the amount reported on See Schedule K-1-T(1) for instructions and more information Form IL-1041, Step 7, Line 53, as pass-through withholding about Schedule K-1-T(3). you owe on behalf of your nonresident beneficiaries. What does Section B, Line H report? Therefore, you must follow the instructions for Illinois Line H reports the amount of pass-through entity tax credit Schedule D, complete it in full, and attach it to your return. you received that is being distributed to your beneficiaries. You must use forms prescribed by IDOR. Separate This amount will also be reported on the Schedule K-1-T statements not on forms provided or approved by IDOR distributed to the beneficiary. will not be accepted and you will be asked for appropriate documentation. Failure to comply with this requirement may delay the processing of your return or the generation of any overpayment. Additionally, failure to submit IL-1041 Instructions (R-02/23) Page 17 of 23 |
Enlarge image | Specific Instructions Section B — Beneficiaries’ information Section A — Total beneficiaries’ information Columns 1 through 4 — Complete Schedule(s) K-1-T and Line A — Enter the name and address of each beneficiary. Schedule(s) K-1-T(3), as applicable, and all of Illinois Use the following examples as a guide. Schedule D, Section B, before completing this section. If the beneficiary is an individual, use the following formats: Illinois Schedule D, Section A should be completed using the John Doe John and Mary Doe John Doe 111 W. Main Street 111 W Main Street % Mary Doe totals from Illinois Schedule D, Section B. When you submit Anytown Anytown 111 W Main St. #5A your return you should only attach a single page of Section A. IL 62666 IL 62666 Anytown If you require multiple pages of Section B, you may attach as IL 62666 many pages of Section B as required behind Section A. If the beneficiary is a trust or an estate, use the following formats: Line 1 — Report amounts for both resident and John Doe Bankruptcy Trust Estate of John Doe nonresident beneficiaries —Add the amounts you reported % Mary Doe, Trustee 111 W Main St., Ste 4A on Step 3, Column A, Line 9 through Line 18, of all the 111 W Main Street, Suite 4A Anytown Schedule(s) K-1-T you issued to your beneficiaries and enter Anytown IL 62666 the total here. IL 62666 Line 2 — Report amounts for nonresident beneficiaries If the beneficiary is a corporation (including S only. corporations), or a partnership, use the following formats: Line 2a — Enter the total amount of pass-through withholding Illinois Big Business Group Illinois Small Business Group % John Doe, VP Finance % Mary Doe you reported on the Schedule(s) K-1-T you issued to your 111 West Main Street, Suite 4 111 West Main Street nonresident individual beneficiaries only. Total the Anytown Anytown amounts reported in Section B, Line G, for beneficiaries that IL 62666 IL 62666 are identified with an “I” in Section B, Line B, and enter it Line B — Indicate the type of each beneficiary. Enter here. • “I” for individual Line 2b — Enter the total amount of pass-through withholding • “P” for partnership you reported on the Schedule(s) K-1-T you issued to your nonresident estate beneficiaries only. Total the amounts • “C” for C corporation reported in Section B, Line G, for beneficiaries that are • “S” for S corporation identified with an “M” in Section B, Line B, and enter it here. • “T” for trust Line 2c — Enter the total amount of pass-through withholding • “M” for estate you reported on the Schedule(s) K-1-T you issued to your • “A” for exempt organization (trust) partnership and S corporation beneficiaries only. Total the amounts reported in Section B, Line G, for beneficiaries that • “N” for exempt organization (corporation) are identified with a “P” or “S” in Section B, Line B, and enter If this beneficiary is a grantor trust or other it here. disregarded entity, enter the letter that corresponds to the tax Line 2d — Enter the total amount of pass-through withholding type of the grantor or owner. you reported on the Schedule(s) K-1-T you issued to your Line C — Enter the Social Security number (SSN) or federal nonresident trust beneficiaries only. Include beneficiaries employer identification number (FEIN) of each beneficiary. identified as an exempt organization (trust). Total the amounts If the beneficiary is a foreign entity and does not have reported in Section B, Line G, for beneficiaries that are an SSN or FEIN, leave this line blank for that beneficiary. If identified with a “T” or “A” in Section B, Line B, and enter it you leave this line blank, you may be contacted for further here. information. Line 2e — Enter the total amount of pass-through withholding Line D — Enter the amount of base income or loss that was you reported on the Schedule(s) K-1-T you issued to your distributed or deemed distributed to this beneficiary. C corporation beneficiaries only. Include beneficiaries Line E — If the beneficiary was excluded from pass-through identified as an exempt organization (corporation). Total the withholding indicate the reason by entering amounts reported in Section B, Line G, for beneficiaries that are identified with a “C” or “N” in Section B, Line B, and enter • “R” if the beneficiary is an Illinois resident, it here. • “E” if the beneficiary provided you a Form IL-1000-E, Line 3 — Add Section A, Lines 2a through 2e of this Illinois Certificate of Exemption for Pass-through Withholding, Schedule D and enter this amount here and on Form IL-1041, indicating that they would pay their own tax liability, Line 53. The amount on Line 3 should match the total amount Beneficiaries who provide you Form IL-1000-E from Schedule D, Section B, Line G, for all beneficiaries on all must not be individual taxpayers. pages. • “M” if you are an estate and therefore not required If you completed multiple pages of Section B, complete to make pass-through withholding on behalf of your Section A one time reporting the totals from all pages of beneficiaries, or Section B. Place all pages of Section B behind the single • “N” if the beneficiary was an exempt organization and you page of Section A, and attach them to your return. did not make pass-through withholding on their behalf. Page 18 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | Taxpayers are not required to make pass-through withholding on behalf of their exempt organization beneficiaries, but may do so for tax years ending on or after December 31, 2014. If you elected to make pass-through withholding on behalf of an exempt organization beneficiary, leave Line E blank for that beneficiary and complete Lines F and G. Line F — Enter the amount you reported on Step 3, Line 12, of the Schedule K-1-T(3) you completed for this beneficiary. This amount is this beneficiary’s share of Illinois income subject to pass-through withholding. This amount is a dollar amount. Do not list a percentage in this column. Line G — Enter the amount of pass-through withholding that was made on behalf of the beneficiary and reported to them on Schedule K-1-T, Step 7, Line 49. This should match the amount reported on Step 3, Line 13, of the Schedule K-1-T(3) you completed for this beneficiary. If you have more than four beneficiaries to report, and additional space is needed, complete and attach additional pages of Illinois Schedule D, Section B. After you have completed Section B, listing all required amounts for your beneficiaries, complete the single page of Illinois Schedule D, Section A. Line H — Enter each beneficiary’s distributive share of PTE tax credit you are passing through from Schedule(s) K-1-P or K-1-T you received. The PTE tax credit is passed through to your beneficiaries in the same proportion that the pass-through income is distributed to your beneficiaries. Also list each beneficiary’s share on their Schedule K-1-T, Step 7, Line 50. Do not include any PTE tax credit passed through to you from Schedule(s) K-1-P or K-1-T that you retain and report on Form IL-1041, Step 7, Line 55d. IL-1041 Instructions (R-02/23) Page 19 of 23 |
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-1041, • 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 8 of the worksheet shows you owe tentative tax, pay the full amount due either by filing and paying with Form IL-1041-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. Extension Tax Payment Worksheet (for your records) 1 Enter the total income (trusts and estates) and replacement (trusts only) taxes you expect to owe (including recapture of investment credits, pass-through withholding you will owe on behalf of your beneficiaries, and surcharges from the Compassionate Use of Medical Cannabis Program Act and the sale of assets by gaming licensee). 1 2Enter any previous tax payments or prepayments you made and any overpayment you elected to be credited to this tax year. 2 3 Enter any withholding reported to you and pass-through withholding made on your behalf or PTE tax credit reported to you and retained by you in this tax year. 3 4 Resident fiduciary only, enter any credit for income tax paid to other states expected in this tax year. 4 5 Enter the estimated income tax credits expected for this tax year. 5 6 Enter the estimated replacement tax investment credits expected for this tax year. 6 7 Add lines 2 through 6 and enter the result here. 7 8 Subtract Line 7 from Line 1. This is your tentative tax due. Enter the result here and on Form IL-1041-V. 8 Extension Tax Payment Worksheet Instructions Line 1 — Enter the total amount of income (trusts and estates) and replacement (trusts only) taxes (including the amount of recapture of investment tax credit that you expect to report on Schedule 4255, Recapture of Investment Tax Credits, pass-through withholding you expect to owe on behalf of your beneficiaries, and surcharges from the Compassionate Use of Medical Cannabis Program Act and the sale of assets by gaming licensee you expect to owe for the tax year). Line 2 — Enter the total amount of any previous tax payments or prepayments you made and any overpayment you elected to be credited to this tax year. Line 3 — Enter the total amount of Illinois income tax withheld on Forms W-2 and W-2G, and the amount of pass-through withholding made on your behalf and reported to you on Illinois Schedule(s) K-1-P or Schedule K-1-T or the amount of PTE tax credit received on Illinois Schedule(s) K-1-P or Schedule K-1-T and retained by the fiduciary. Line 4 — If you are a resident fiduciary, enter the estimated Illinois credit for income tax paid to other states (the sum of Schedule CR, Step 5, Lines 59 and 60). See the instructions for Schedule CR (Form IL-1041). Line 5 — Enter the total of any estimated income tax credits (including any credit carryforward) from Schedule 1299-D. Line 6 — Enter the amount of any estimated replacement tax investment credits from Form IL-477. Line 7 — Follow the directions on the worksheet. This is your total tax payments and credits. Line 8 — Subtract Line 7 from Line 1. This is your tentative tax due. If Line 8 is $1 or more, you must pay the amount due. If Line 8 is less than $1, you do not have to pay or file Form IL-1041-V. Do not attach your federal Form 7004 to your Form IL-1041-V. Pay electronically at tax.illinois.gov or use the current tax year’s Form IL-1041-V, Payment Voucher for Fiduciary Income and 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 20 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | Appendix B - Tax Prepayment Worksheets Use this worksheet to determine the amount to voluntarily prepay: • pass-through withholding on behalf of your beneficiaries or • your own tax liability. Prepayments are entirely voluntary; however, we suggest that you make your prepayments in four equal installments during the course of a year. Check the following boxes to determine which worksheets you should complete. (You may check multiple boxes.) 1 If you have nonresident individual and estate beneficiaries 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 beneficiaries 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 beneficiaries that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 If you have corporation beneficiaries that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 If you wish to prepay your own estimated tax liability, check this box and complete Worksheet 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Once the worksheets are complete, add the total from each worksheet: Worksheet 1, Line 7 ____________ Worksheet 2, Line 7 ____________ Worksheet 3, Line 7 ____________ Worksheet 4, Line 7 ____________ Worksheet 5, Line 11 ____________ TOTAL _____________ This is the amount of each of your voluntary quarterly prepayments to be made with Form IL-1041-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-1041-V to mail your payment. Failure to use the correct voucher for your 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. Worksheet 1: Figure your pass-through withholding prepayments for nonresident individual and estate beneficiaries. If you have nonresi- dent individual and estate beneficiaries 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 beneficiaries’ 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 beneficiaries’ 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 percent (.0495) and enter the result. 4 5 Enter the amount of surcharge from the Compassionate Use of Medical Cannabis Program Act and the surcharge from the sale of assets by gaming licensee passed-through to you and distributed to nonresident individual and estate beneficiaries. 5 6 Add Lines 4 and 5. 6 7 Divide Line 6 by 4. This is the amount of each of your voluntary prepayments for nonresident individual and estate beneficiaries. 7 IL-1041 Instructions (R-02/23) Page 21 of 23 |
Enlarge image | Worksheet 2: Figure your pass-through withholding prepayments for partnership or S corporation beneficiaries. If you have partnership or S corporation beneficiaries 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 beneficiaries’ 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 beneficiaries’ 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 percent (.015) and enter the result. 4 5 Enter the amount of surcharge from the Compassionate Use of Medical Cannabis Program Act and the surcharge from the sale of assets by gaming licensee passed-through to you and distributed to partnership and S corporation beneficiaries. 5 6 Add Lines 4 and 5. 6 7 Divide Line 6 by 4.This is the amount of each of your voluntary prepayments for partnership or S corporation beneficiaries. 7 Worksheet 3: Figure your pass-through withholding prepayments for nonresident trust beneficiaries. If you have nonresident trust beneficiaries 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 beneficiaries’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your nonresident trust beneficiaries’ 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 6.45 percent (.0645) and enter the result. 4 5 Enter the amount of surcharge from the Compassionate Use of Medical Cannabis Program Act and the surcharge from the sale of assets by gaming licensee passed-through to you and distributed to nonresident trust beneficiaries. 5 6 Add Lines 4 and 5. 6 7 Divide Line 6 by 4. This is the amount of each of your voluntary prepayments for nonresident trust beneficiaries. 7 Worksheet 4: Figure your pass-through withholding prepayments for corporation beneficiaries. If you have corporation beneficiaries 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 beneficiaries’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your corporation beneficiaries’ 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 9.5 percent (.095) and enter the result. 4 5 Enter the amount of surcharge from the Compassionate Use of Medical Cannabis Program Act and the surcharge from the sale of assets by gaming licensee passed-through to you and distributed to corporation beneficiaries. 5 6 Add Lines 4 and 5. 6 7 Divide Line 6 by 4. This is the amount of each of your voluntary prepayments for corporation beneficiaries. 7 Page 22 of 23 IL-1041 Instructions (R-02/23) |
Enlarge image | Worksheet 5: Figure your own tax liability prepayments. If you wish to voluntarily prepay your own income and replacement tax liability complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter the amount of Illinois net income expected in this tax year. 1 2 Figure your tax before credits. Multiply Line 1 by 4.95 percent (.0495) for estates or 6.45 percent (.0645) for trusts. 2 3 Enter the amount of recapture of investment credits expected in this tax year. 3 4 Enter the sum of the Compassionate Use of Medical Cannabis Program Act surcharge and the Sale of Assets by Gaming Licensee surcharge you expect in this tax year. 4 5 Add Lines 2 through 4 and enter the result. 5 6 Enter the amount of Illinois tax credits expected in this tax year as calculated on the corresponding Form IL-477, Schedule CR, or Schedule 1299-D. 6 7 Enter the amount of pass-through entity withholding expected to be made on your behalf in this tax year. 7 8 Enter the amount of Illinois withholding you expect in this tax year as shown on any federal Forms W-2, W-2G, or 1099 you expect to receive. 8 9 Add Lines 6 through 8 and enter the result. 9 10 Subtract Line 9 from Line 5 and enter the result. 10 11 Divide Line 10 by 4. This is the amount of each of your voluntary prepayments for your own tax liability. 11 IL-1041 Instructions (R-02/23) Page 23 of 23 |