Enlarge image | Illinois Department of Revenue Use for tax years ending on or after December 31, 2023, and before December 31, 2024. IL-990-T-X Instructions 2023 General Information Who must file Form IL-990-T-X? If your federal change increases the tax due to Illinois, you must You should file Form IL-990-T-X, Amended Exempt Organization file Form IL-990-T-X and pay any additional tax within 120 days of Income and Replacement Tax Return, if you are amending a IRS partial agreement or finalization. In order to avoid late payment previously filed, processable Form IL-990-T, Exempt Organization penalties, you must pay any additional tax to IDOR and attach proof of the federal finalization date, showing the change was reported to Income and Replacement Tax Return, for a tax year ending on or after December 31, 2006. Your change can occur from a state or Illinois within 120 days of IRS acceptance, or you may be assessed a federal change that affects items used to compute your Illinois net late-payment penalty. income, net loss, or credits, such as If you fail to notify us of your change by filing Form • an amendment of your federal income tax return, IL-990-T-X, we may issue a notice of deficiency at any time. Once you file your change, we may issue a notice of deficiency within two years. • an adjustment made by the Internal Revenue Service (IRS), or • any other recomputation or redetermination. What if I am amending my return due to A separate amended return must be filed for each tax year you need multiple federal adjustments? to amend. If you are amending your original Form IL-990-T due to federal adjustments that were finalized on different dates, then you must What if I need to change my return before the complete separate amended Illinois returns for each federal extended due date expires? finalization date. For example, if you receive a 2023 return If you filed your original Form IL-990-T and a state or federal adjustment from the IRS on July 10, 2024, then in August, you correction or change needs to be made before the extended due amend your U.S. Form 990-T and receive federal finalization on date expires (see the instructions of your original return), you should October 22, 2024, then you must submit one Form IL-990-T-X for file Form IL-990-T-X. Due to the automatic extension, any return filed the July 10, 2024, adjustments and a separate Form IL-990-T-X for after the original return and on or before the extended due date will the October 22, 2024, adjustments. Failure to file separate amended be treated as the original return. returns for each federal finalization date may result in the denial of the entire claim, a delay in processing, or the assessment of penalty How long do I have to amend my return? and interest. The amount of time you have to amend your return depends on Proof of federal finalization must be attached to your whether your Form IL-990-T-X is being filed to report a state or amended return before the return will be processed. federal change. If an amended return claiming a credit or refund is filed Who should sign the return? within six months of the expiration of the statute of limitations, then If you are a corporation, your Form IL-990-T-X must be signed by the statute of limitations will automatically be extended an additional the president, vice president, treasurer, or any other officer duly six months for issuing an assessment of additional tax due. authorized to sign the return. In the case of a bankruptcy, a receiver, State change - If your change decreases the tax due to Illinois and trustee, or assignee must sign any return required to be filed on you are entitled to an overpayment, you must file Form IL-990-T-X behalf of the corporation. If you are a trust, Form IL-990-T-X must within be signed by a fiduciary of the trust. If there are two or more joint • three years after the due date of the return (including extensions), fiduciaries, the signature of one will comply with the requirements of the Illinois Income Tax Act (IITA). The signature verifies by written • three years after the date your original return was filed, or declaration (and under penalties of perjury) that the signing individual • one year after the date your Illinois tax was paid, whichever is has personally examined the return and the return is true, correct, latest. and complete. The fact that an individual’s name is signed to a return If your change increases the tax due to Illinois, you should file is prima facie evidence that the individual is authorized to sign the Form IL-990-T-X and pay the tax, penalty, and interest promptly. return on behalf of the taxpayer. Federal change - Do not file this amended return until you Any person paid to prepare the return (other than an authorized receive a federal finalization notification from the IRS stating that officer, fiduciary, or a person who is a regular employee of the they have accepted your change, either by paying a refund, or by taxpayer, such as a clerk, secretary, or bookkeeper) must provide final assessment, agreement, or judgment. In order to process an a signature, date the return, enter the preparer tax identification amended return due to a federal change, the Illinois Department number (PTIN) issued to them by the Internal Revenue Service, and of Revenue (IDOR) requires proof of federal finalization. Proof of provide their firm’s name, federal employer identification number federal finalization includes one or more of the following: (FEIN), address, and phone number. • a copy of your federal audit report (signed and dated by a federal auditor), Can a reasonable facsimile be used? • an IRS account transcript, or In general, you must obtain and use forms prescribed by the Illinois Department of Revenue (IDOR). Separate statements not on forms • a federal refund check. provided or approved by IDOR will not be accepted and you will Acknowledgement that the IRS received your amended be asked for appropriate documentation. Failure to comply with return is not acceptable proof of federal finalization. this requirement may result in failure to file penalties, a delay If your federal change decreases the tax due to Illinois and you are in the processing of your return, or a delay in the generation entitled to an overpayment, you must file Form IL-990-T-X within two of any overpayment. Additionally, failure to submit appropriate years plus 120 days of federal finalization. documentation when requested may result in a referral to our Audit Bureau for compliance action. IL-990-T-X Instructions (R-12/23) Printed by the authority of the state of Illinois - electronic only - one copy. Page 1 of 5 |
Enlarge image | Exempt organizations must complete Form IL-990-T-X. Do not • you copied information incorrectly from your U.S. Form 990-T send a computer printout with line numbers and dollar amounts onto your Form IL-990-T, you must include a copy of your attached to a blank copy of the return. Computer generated printouts U.S. Form 990-T. are not acceptable, even if they are in the same format as IDOR • of a change in, or audit of, another state’s tax return, you forms. Computer generated forms from an IDOR-approved software must include a copy of the other state’s corrected return or the developer are acceptable. examining officer’s reports. What are the penalties and interest? • of changes reported on a revised Schedule K-1-P or K-1-T (or any Penalties — You will owe equivalent document) you received, you must include a copy of the revised Schedule(s) K-1-P or K-1-T (or equivalent document). • a late-filing penalty if you do not file a processable return by the extended due date; • of changes, other than those described above, see Form IL-990-T Instructions and any schedules for the year you are changing to • a late-payment penalty if you do not pay the tax you owe by the determine what attachments you must provide. original due date of the return; • a bad check penalty if your remittance is not honored by your Should I round? financial institution; You must round the dollar amounts on Form IL-990-T-X to • a cost of collection fee if you do not pay the amount you owe whole-dollar amounts. To do this, you should drop any amount less within 30 days of the date printed on your bill. than 50 cents and increase any amount of 50 cents or more to the Interest — The interest rate is the federal underpayment rate, which next higher dollar. is set by the IRS under Internal Revenue Code (IRC) Section 6621. For more information about penalties and interest, see Where should I file? Publication 103, Penalties and Interest for Illinois Taxes. Mail your Form IL-990-T-X to: ILLINOIS DEPARTMENT OF REVENUE For amended tax returns filed on or after PO BOX 19016 January 1, 2024, a late payment penalty will be assessed for any SPRINGFIELD IL 62794-9016 amended return not filed and the resulting liability not paid within 120 days of the federal change. See 35 ILCS 735/3-3(b-25) for more What if I need additional assistance or forms? information. • For assistance, forms, or schedules, visit our website at tax.illinois.gov or scan the QR code provided. What must I attach to my Form IL-990-T-X? This form must contain a complete explanation of the reasons for filing the claim or amendment. You must attach proof of the federal finalization date and any schedules, forms, breakdowns, statements, or other documentation required to support your claim. If Form IL-990-T-X is submitted without the proper attachments, it may be partially or totally denied. Examples of federal finalization include a copy of one or more of the following items: • your federal refund check • Write us at: • your audit report from the IRS ILLINOIS DEPARTMENT OF REVENUE • your federal transcript verifying your federal taxable income PO BOX 19001 SPRINGFIELD IL 62794-9001 If you are filing Form IL-990-T-X because • you filed an amended federal return and your tax due to Illinois • Call 1 800 732-8866 or 217 782-3336 (TTY at 1 800 544-5304). decreases, you must attach proof of the federal finalization • Visit a taxpayer assistance office - 8:00 a.m. to 5:00 p.m. date, include a copy of that federal return, plus any other related (Springfield office) and 8:30 a.m. to 5:00 p.m. (all other offices), forms, schedules, or attachments, including a signed and dated Monday through Friday. copy of any federal report of income tax examination changes, if applicable. • you filed an amended federal return and your tax due to Illinois increases, you must attach proof of the federal finalization date, including a signed and dated copy of any federal report of income tax examination changes, if applicable, showing the change was reported to Illinois within 120 days of IRS acceptance, or you may be assessed a late-payment penalty. • of a change by the IRS, you must include all copies of the federal examining officer’s reports, including preliminary, revised, corrected, and superseding reports, and a signed and dated copy of any federal report of income tax examination changes, if applicable. IL-990-T-X Instructions (R-12/23) Page 2 of 5 |
Enlarge image | Specific Instructions For instructions regarding completion of Steps 1 through 5, refer For each line item you change, you must provide an explanation for to the Form IL-990-T Instructions and schedules for the year being that change in the “Explain the changes on this return” area. amended. Step 2: Figure your base income or loss Specific instructions for most of the lines are included. If a specific Line 1 — Enter the amount of unrelated business taxable income line is not referenced, follow the instructions on the form. or loss from Part 1 of the U.S. Form 990-T by entering the total of Enter the tax year you are amending in the space provided at the top Line 7 minus Line 10 (this number may be negative). This entry of Form IL-990-T-X. is the unrelated business taxable income or loss after deducting income exempt from tax by reason of the United States or Illinois Step 1: Identify your exempt organization Constitutions, or by reason of law, statute, or treaties of the United A — Type or print your legal business name. If you have a name States. Attach a worksheet explaining the source and amount of change from your original return, check the corresponding box. any such deduction. B — Type or print your mailing address. Line 2 — You must add back any amount of Illinois Income and C — Check this box if you are filing this amended return to report Replacement taxes and surcharge that you deducted on your changes to your Illinois sales factor numerator due to the inclusion or U.S. Form 990-T to arrive at your federal unrelated business taxable exclusion of throwback sales. income. D — Check this box if you are filing this amended return to report Line 3 — Follow the instructions on the form. This is your base changes to your Illinois sales factor numerator due to the inclusion or income or loss. exclusion of double throwback sales. Column A — Enter the amounts from your most recently filed or E — Check this box if you are a 52/53 week filer. A 52/53 week adjusted return. Do not check a box on Lines A or B to indicate filer is a fiscal filer with a tax year that varies from 52 to 53 weeks how your income was reported on your most recently filed or because their tax year ends on the same day of the week instead of adjusted return. The check boxes on Lines A and B are used when the last day of the month. reporting your amended base income or loss in column B. F — Enter your entire federal employer identification number (FEIN). Column B — Follow the instructions on the form and check the box G — Check the appropriate box for the reason you are filing on Line A or B that applies to the amount in Column B. You must this return. If you are amending due to a federal change, you must check one of these boxes and follow the instructions for that line check the appropriate box for partial agreed or finalized, and include when completing Column B. the date of IRS finalization, which might not be the date the federal Check the box on Line A if amended return was filed. Please attach a dated copy of any federal • all of your base income or loss is derived inside Illinois or you are examining officer’s report. If you do not provide this date or the an Illinois resident trust; and required attachments, you may be assessed penalties and interest. • you do not have any income or loss to report on Lines 4 or 10. H — Check the box if you are taxed as a corporation. If you check the box on Line A, do not complete Step 3, Column I — Check the box if you are taxed as a trust. B. All of your amended base income or loss is allocable to Illinois. J — If you are entitled to take income tax credits on Step 5, Skip Step 3, Column B, enter the amount from Step 2, Column B, Line 22, you must check the box on Line J, and attach Illinois Line 3 on Step 4, Column B, Line 12, and complete the remainder of Schedule 1299-D to your tax return, even if you are unable to use the return. any of the credits in this tax year. Check the box on Line B if any of the following apply: • your base income or loss is derived inside and outside Illinois; Explain the changes on this return The purpose of this area is to allow you to explain the specific • all of your base income or loss is derived outside Illinois; or changes you are making to your Illinois tax return. You should • you have income or loss to report on Lines 4 or 10. include all relevant information, including, but not limited to, changes If you check the box on Line B, you must complete all lines of made to Step 3, Column B. Submitting Form IL-990-T-X with an incomplete • specific addition and subtraction modifications, Step 3, Column B, including Lines 6, 7, and 8 may result in a delay • credit or credit recapture amounts, and in processing your return, further correspondence, and you may be required to submit further information to support your filing. See the • the federal or other state return that caused changes to the Illinois specific instructions for Step 3 for more information. return. You must provide an explanation for each line item you change. Step 3: Figure your income allocable to Illinois If your changes generate an overpayment which you elect to receive Complete Step 3 only if you originally completed this step, or as a credit carryforward and you elect to apply that credit to a tax you need to make a change that affects your base income or year other than the year described in the Line 36 instructions, you loss allocable to Illinois. Refer to Form IL-990-T, Step 3, Specific must follow the instructions found under “May I apply my credit to a Instructions, for the year being amended. different tax year?” If you fail to include the required information in You must check the box on Line B and complete Step 3 if any your explanation, your election will be considered invalid and we will portion of Column B, Line 3, base income or loss, is derived outside not apply your credit as you requested. Illinois, or you have any income or loss to report on Column B, General Information for Steps 2 through 5 Lines 4 or 10. Column A — Enter the amounts from your most recently filed or If you do not complete all of Step 3, Column B, Lines 4 through 11, adjusted return for the year that you are amending. These may be we may issue a notice and demand proposing 100 percent of income figures from your original Form IL-990-T or a previously amended or as being allocated to Illinois, or in the case of a loss return, a notice audited return. indicating none of your loss as being allocated to Illinois. Column B — Enter the correct amount for each line in Column B. IL-990-T-X Instructions (R-12/23) Page 3 of 5 |
Enlarge image | Step 4: Figure your net replacement tax Line 31 — Enter previously paid penalty and interest. Obtain this Follow the instructions on the form. Be sure to attach any required information from your MyTax Illinois account. Sign into mytax.illinois.gov schedules or forms. to view or register your account. Line 14 — See Illinois Schedule 4255, Recapture of Investment Tax Line 32 — Enter the total amount of any overpayment, credit, or Credits, for more information. You must attach Illinois Schedule 4255 refund (whether received or not) reported on your previously filed if you have an amount on this line. Form IL-990-T or Form IL-990-T-X. Do not include any interest that you received. Line 16 — See Form IL-477, Replacement Tax Investment Credits, for more information. You must attach Form IL-477 and any other Line 36 — Enter the amount of overpayment you elect to be credited required support listed on Form IL-477 if you have an amount on this forward. Check the box on this line if this is your final return and any line. remaining carryforward is being transferred to another entity. Attach a detailed statement to your return listing the FEIN of the entity Step 5: Figure your net income tax receiving the credit carryforward, the date the credit was transferred, Line 19 — See Form IL-990-T Instructions. and the reason for the transfer. Line 20 — See Illinois Schedule 4255 for more information regarding See Form IL-990-T, Line 32 instructions for information about the recapture of investment credits. You must attach Illinois applying your credit carryforward. Schedule 4255 if you have an amount on this line. Your credit carryforward will not be applied if you do not file a Line 22 — See Illinois Schedule 1299-D for more information processable return. regarding income tax credits. If you have an amount on this line, If your overpayment accrues interest and you elect to receive your check the box in Step 1, Line J and attach Illinois Schedule 1299-D • entire overpayment as a credit carryforward, any interest due will and any other required support listed on Schedule 1299-D. be applied with your credit as an additional credit carryforward. Step 6: Figure your refund or balance due We will calculate the amount of interest due and notify you. Line 26 — Compassionate Use of Medical Cannabis Program Act When you claim your credit carryforward in a future year you surcharge. Use the instructions and the Surcharge Worksheet in the must include this interest amount in the amount claimed. Form IL-990-T Instructions to figure your surcharge. • overpayment as both a credit carryforward and a refund, we will Line 27 — Sale of assets by gaming licensee surcharge. Use the apply the credit as you request and include any interest due with instructions and the Surcharge Worksheet in the Form IL-990-T your refund. Instructions to figure your surcharge. Your credit carryforward may be reduced by us due to Line 29a — Enter the sum of any overpayment from your prior year corrections we make to your return, or to satisfy any unpaid tax, tax returns that you requested to be applied to this year’s tax return. penalty, and interest due for this year or any other year. If we reduce Take into account any correspondence we may have sent you that your credit carryforward, it may result in a late-payment penalty in a changed the amount of your credit carryforward from the previous subsequent year. year. May I apply my credit to a different tax year? Line 29b — Enter the sum of the following, not including any Yes. If you wish to apply your credit to a tax year other than the one penalty and interest previously paid: described above, you must indicate the tax year to which you wish to • estimated payments or tax prepayments made during the tax have the credit apply in the “Explain the changes on this return” area year, of this return. • extension payments, If you do not follow these instructions, your election will be • any tax payments you made with a previously filed considered invalid and we will apply your credit as indicated under Form IL-990-T-X, and “To which tax year will my credit apply?” in the original return instructions. • any other payments made prior to the date this amended return is filed (e.g., responding to a bill). If you submit a valid request, we will apply your credit as you requested and notify you. Once made, your election to change the Line 29c — Enter the amount you wish to claim of Illinois tax year to which your credit will apply is irrevocable. pass-through withholding (including any eligible investment partnership withholding) payments reported to you by partnerships, You may only apply your credit to tax years occurring after S corporations, or trusts on Schedule(s) K-1-P or K-1-T. If you the year of the return creating the overpayment. If you request to received more than one Schedule K-1-P or K-1-T, add the amounts apply more credit than our records show you have available, we you wish to claim from all the schedules and enter the total on will apply the maximum amount available and notify you of the difference. Line 29c. Attach copies of the Schedules K-1-P and K-1-T you received from the pass-through entities to your Form IL-990-T-X. Line 37 — Follow the instructions on the form. We will calculate any See “What is pass-through withholding and PTE tax credit?” under interest that may be due you and include it in your refund check. Any “General Information” in the Form IL-990-T Instructions for more refund may be reduced to satisfy any outstanding liability. information. We do not currently offer direct deposit as a method for receiving a Partners in an investment partnership may not be eligible to refund from an amended return. Overpayments will be refunded by claim a Schedule K-1-P, Step 7, Line 55 amount reported to them by check. the investment partnership. See Schedule K-1-P(2) for information Line 38 — Follow the instructions on the form. This is your amount about when a partner may claim investment partnership withholding of tax due that must be paid in full if $1 or more. We encourage you credit. to let us figure your penalties and interest and send you a bill instead Line 29d — Enter the total amount of pass-through entity (PTE) of determining these amounts yourself. We will compute any penalty tax credit reported to you on Schedule(s) K-1-P, Line 53a, and and interest due and notify you. Schedule(s) K-1-T, Line 50. We will apply all payments against tax first, penalty second, Line 29e — Enter the total amount of Illinois gambling withholding and interest third. and the total amount of Illinois withholding from sports wagering winnings received. Attach Forms W-2G. IL-990-T-X Instructions (R-12/23) Page 4 of 5 |
Enlarge image | Complete a payment voucher, Form IL-990-T-X-V, make your check or money order payable to “Illinois Department of Revenue” and attach them to the front of the return or file and pay electronically. Step 7: 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 to discuss this return with IDOR, check the box. This authorization will allow your paid preparer to answer any questions that arise during the processing of your return, call us with questions about your return, and receive or respond to notices we send. The authorization will automatically end no later than one year after you file your amended return. You may revoke the authorization at any time by calling or writing us. IL-990-T-X Instructions (R-12/23) Page 5 of 5 |