Enlarge image | Illinois Department of Revenue Use for tax year ending on or after December 31, 2023, and before December 31, 2024. IL-1041 Instructions 2023 What’s New? Table of Contents • The address change checkbox has been removed from Step 1, What’s New? ........................................................ 1 Line B, of the Form IL-1041. • A grantor trust checkbox has been added to Step 1, Line D, of the General Information ............................................ 1 Form IL-1041. • IL-4562 has been expanded and includes 60 percent bonus Specific Instructions ........................................... 8 depreciation. • Schedule D, Section B, has been reformatted from 4 columns to 3 Illinois Schedule D Instructions ....................... 17 columns. • Schedule M has been expanded and includes a new subtraction line for cannabis establishments that had deductions disallowed Appendix A - Extension Tax Payment federally under IRC Section 280E. Worksheet .......................................................... 20 • Income Tax Credits -- Information about all the credits can be found in Schedule 1299-I. Appendix B - Tax Prepayment • The following credits have updated expiration dates: Worksheets ........................................................ 21 • Historic Preservation tax credit (Credit Code 1030) - ending on or before December 31, 2028 • New Markets Development tax credit (Credit Code 5500) - ending on or before June 30, 2031 • No new credits will be issued for the: • Agritourism Liability Insurance income tax credit (Credit Code 5440) for tax years ending after December 31, 2023 • Invest in Kids credit (Credit Code 5660) for tax years ending after December 31, 2023 • Illinois business payment vouchers are no longer year specific. To avoid processing delays, taxpayers submitting paper business vouchers to the Illinois Department of Revenue should ensure that the month and year of their filing period are entered on each voucher. Do not enter your estimated payment due date. 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 withholding on Form IL-1120-ST, Small Business Corporation Replacement Tax Return; Form IL-1065, Partnership Replacement Tax Return; or Form IL-1041, Fiduciary Income and Replacement Tax Return. You must also file Illinois Schedule NR (Form IL-1041), Nonresident Computation of Fiduciary Income, to determine the income that is taxed by Illinois during the tax year. For more information, see Illinois Schedule NR (Form IL-1041) with revision date 12/23. IL-1041 Instructions (R-12/23) Printed by the authority of the state of Illinois - electronic only - one copy. Page 1 of 23 |
Enlarge image | What forms must I use? If an unpaid liability is disclosed when you file your return, In general, you must obtain and use forms prescribed then you may owe penalty and interest charges in addition to by the Illinois Department of Revenue (IDOR). Separate the tax. See the “What are the penalties and interest?” section statements not on forms provided or approved by IDOR below. An extension of time to file your Form IL-1041 is will not be accepted and you will be asked for appropriate not an extension of time for payment of Illinois tax. documentation. Failure to comply with this requirement Additional extensions beyond the automatic extension may result in failure to file penalties, a delay in the period — We will grant an extension of more than six months processing of your return, or a delay in the generation of only if an extension is granted by the Internal Revenue any overpayment. Additionally, failure to submit appropriate Service (IRS) beyond the date of the Illinois automatic documentation when requested may result in a referral to our extension. Your additional Illinois extension will be for the Audit Bureau for compliance action. length of time approved by the IRS. You must attach a copy of Trusts and Estates must complete Form IL-1041. Do the approved federal extension to your Form IL-1041. not send a computer printout with line numbers and dollar When should I pay? amounts attached to a blank copy of the return. Computer Payment of tax — You must pay your Illinois Income and generated printouts are not acceptable, even if they are in the Replacement Tax and pass-through withholding reported on same format as IDOR’s forms. Computer generated forms behalf of your beneficiaries in full on or before the original from an IDOR-approved software developer are acceptable. due date of the return. Failure to pay the tax due on or before Form IL-1041 (R12/23) is for tax year ending the original due date of the return may result in penalty and on or after December 31, 2023, and ending before interest. This payment date applies even though an automatic December 31, 2024. For tax year ending on or after extension for filing the return has been granted. All payments December 31, 2022 and before December 31, 2023, use the must be made using Form IL-1041-V, Payment Voucher for 2022 form. Using the wrong form will delay the processing of Fiduciary Income and Replacement Tax. your return. Estimated tax payments — For state purposes, trusts How do I register my business? and estates are not required to make estimated payments, If you are required to file Form IL-1041, you should register although they may be required to make federal estimated with IDOR. You may register payments. • online with MyTax Illinois, our free online account Extension Payments - If you expect tax to be due, you must management program for taxpayers; pay any tentative tax due by the original due date of the return using Form IL-1041-V. See Appendix A for more information. • by completing Form REG-1, Illinois Business Registration Application, and mailing it to the address on the form; or Voluntary Prepayments - You may make voluntary prepayments of your own tax liability as well as make • by visiting a regional office. pass-through withholding prepayments on behalf of your Visit our website at tax.illinois.gov for more information. beneficiaries using Form IL-1041-V. See Appendix B for more Registering with IDOR prior to filing your return ensures information. that your tax returns are accurately processed. We encourage you to make your payments electronically Your identification numbers as an Illinois business taxpayer using MyTax Illinois or Modernized E-File (MeF) systems, are your federal employer identification number (FEIN) and or you may use Form EFT-1, Authorization Agreement for your Illinois account number. Certain Electronic Payments, to set up an ACH credit or When should I file? phone debit transaction. These options can be found on our website at tax.illinois.gov. If you make your payments Your Illinois filing due date is the same as your federal filing using MyTax Illinois, MeF, or EFT, do not mail us your due date. In general, Form IL-1041 is due on or before the Form IL-1041-V. You must use one of our electronic payment 15th day of the 4th month following the close of the tax year. options if the IDOR has notified you that you are required to Automatic six-month extension — We grant you an make payments electronically. automatic six-month extension of time to file your fiduciary We will apply each payment to the earliest due date until tax return. The automatic extension of time to file is granted that liability is paid, unless you provide specific instructions whether or not you request it. You are not required to file a to apply it to another period. You may also be assessed a form in order to obtain this automatic extension. If you expect bad check penalty if your remittance is not honored by your tax to be due, you must pay any tentative tax due, by the financial institution. original due date of the return, in order to avoid interest and penalty on tax not paid by that date. To pay any tax due by Who should sign the return? the original due date of your return: Your Form IL-1041 must be signed by the fiduciary of the • visit tax.illinois.gov, for information about ACH credit, trust or estate. If there are two or more joint fiduciaries, the • pay using mytax.illinois.gov, or signature of one will comply with the requirements of the IITA. The signature verifies by written declaration (and under • mail Form IL-1041-V, Payment Voucher for Fiduciary penalties of perjury) that the signing fiduciary has personally Income and Replacement Tax, using the address on the examined the return and the return is true, correct, and form. complete. The fact that a fiduciary’s name is signed to a return is prima facie evidence that the fiduciary is authorized to sign the return on behalf of the trust or estate. IL-1041 Instructions (R-12/23) Page 2 of 23 |
Enlarge image | Any person paid to prepare the return (other than a fiduciary Request for prompt determination — You may make a of the trust or estate, or a regular, full-time employee of the request for prompt determination of liability, in accordance taxpayer, such as a clerk, secretary, or bookkeeper) must with IITA 35 ILCS 5/905(i), if you are an estate that has provide a signature, date the return, enter the preparer tax terminated. A completed tax return must be on file with us identification number (PTIN) issued to them by the Internal before you can submit a request for prompt determination. Do Revenue Service, and provide their firm’s name, FEIN, not submit your return and request at the same time. Mail your address, and phone number. initial return to the address indicated on the form. You should If your return is not signed, any overpayment of tax is allow 12 weeks for processing. If your request is properly considered forfeited if, after notice and demand for signature, made, the expiration of the statute of limitations (absent you fail to provide a signature within three years from the date fraud) will not extend beyond 18 months from the date of your return was filed. your request. Mail your request and a copy of your previously submitted return to: What are the penalties and interest? ILLINOIS DEPARTMENT OF REVENUE Penalties — You will owe PO BOX 19044 • a late-filing penalty if you do not file a processable return SPRINGFIELD IL 62794-9044 by the extended due date; The procedure described above does not apply to • a late-payment penalty if you do not pay the tax you owe 11 U.S.C. Section 505 Determination of Tax Liability requests. 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 Interest —Interest is calculated on tax from the day after the Replacement Tax Return. Returns filed before the extended original due date of your return through the date you pay the due date of the return are treated as your original return for tax. all purposes. For more information, see Form IL-1041-X We will bill you for penalties and interest. For more information Instructions. about penalties and interest, see Publication 103, Penalties You should file Form IL-1041-X only after you have filed and Interest for Illinois Taxes. a processable Illinois Income Tax return. You must file a 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 no effect on your federal return; or were liable for income and replacement tax for that or any previous tax period, due to a distribution from the trust or • a mistake in another state’s tax return that affects the estate. computation of your Illinois tax liability. Sales or transfers — If you are a fiduciary that, outside the If you are claiming an overpayment, Form IL-1041-X must be usual course of business, sells or transfers the major part of filed within three years after the extended due date or the date any one or more of the return was filed, or within one year after the tax giving rise • the stock of goods which you are in the business of to the overpayment was paid, whichever is latest. selling, Federal changes only — File Form IL-1041-X if you have • the furniture or fixtures of your business, filed an amended federal return or if you have been notified 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 ILLINOIS DEPARTMENT OF REVENUE late-payment penalty. BULK SALES UNIT PO BOX 19035 If your federal change decreases the tax due to Illinois and SPRINGFIELD IL 62794-9035 you are entitled to a refund or credit carryforward, you must or file Form IL-1041-X within two years plus 120 days of federal REV.BulkSales@illinois.gov finalization. IL-1041 Instructions (R-12/23) Page 3 of 23 |
Enlarge image | Attach a copy of federal finalization or proof of acceptance If you need more information about Illinois NLDs see the from the IRS along with a copy of your amended federal form, Schedule NLD Instructions or 86 Ill. Adm. Code Sections if applicable, to your Form IL-1041-X. Examples of federal 100.2050 and 100.2300 through 100.2330. finalization include a copy of one or more of the following What are the limitations of the Illinois NLD? items: For tax years • your federal refund check, ending on or after December 31, 2021, Illinois net losses cannot be carried back and can only be carried • your audit report from the IRS, or forward for 20 tax years. • your federal transcript verifying your federal taxable For tax years ending on or after December 31, 2003, and income. before December 31, 2021, Illinois net losses can no longer For amended tax returns filed on or after January be carried back, and can only be carried forward for 12 years. 1, 2024, a late payment penalty will be assessed for However, the carryover period of any net loss that has not any amended return not filed and the resulting liability expired as of November 16, 2021, shall be extended from not paid within 120 days of the federal change. See 12 years to 20 years. 35 ILCS 735/3-3(b-25) for more information. For tax years ending on or after December 31, 1999, What records must I keep? and before December 31, 2003, all Illinois net losses You must maintain books and records to substantiate any must be carried back two years (unless an election to only information reported on your Form IL-1041. Your books and carryforward is made) then forward 20 years. The election records must be available for inspection by our authorized to carry a loss forward only was made by checking the agents and employees. appropriate box on the original or amended loss-year return, whichever showed the loss first. Once the election was made Do IDOR and the IRS exchange income tax to forgo the Illinois carryback provision, the election was information? irrevocable. IDOR and the IRS exchange income tax information for the Illinois net losses in tax years ending before purpose of verifying the accuracy of information reported on December 31, 1999, are allowed as a carryback or federal and Illinois tax returns. All amounts you report on carryforward deduction only in the manner allowed under Form IL-1041 are subject to verification and audit. IRC Section 172, including, for example, the 10-year Should I round? carryback allowed to banks for bad debt losses. You must round the dollar amounts on Form IL-1041 and The following are the carryback and carryforward years accompanying schedules to whole-dollar amounts. To do this, generally allowed for Illinois net losses in tax years ending you should drop any amount less than 50 cents and increase before December 31, 1999. Illinois net losses in tax years any amount of 50 cents or more to the next higher dollar. beginning • after August 5, 1997, and ending before What if I have an Illinois net loss deduction (NLD)? December 31, 1999, must be carried back two years, then An Illinois net loss deduction (NLD) can be used to reduce forward 20 years. the base income allocable to Illinois only if the loss year • on or before August 5, 1997, must be carried back three return has been filed and to the extent the loss was not used years, then forward 15 years. to offset income from any other tax year. Use Schedule NLD, Illinois Net Loss Deduction, to determine any NLD. For tax years ending on or after December 31, 1996, and before December 31, 2003, you may have made the To determine your “Illinois net loss” start with federal taxable election to forgo any of the previously mentioned Illinois income and apply all addition and subtraction modifications NLD carryback periods by checking the appropriate box on and all allocation and apportionment provisions. your loss year return. This election must have been made In order to have any available NLD applied to your return, you by the extended due date of your return and once made was must claim the deduction on Step 4, Line 30. See the specific irrevocable for that tax year. instructions for Step 4, Line 30. In addition, the special carryover periods in IRC Section 172, If you have an Illinois net loss for this tax year, you must file as in effect for a particular tax year, would apply to losses Form IL-1041 reporting the loss in order to carry the loss incurred in that year. For example, a “specified liability loss” forward to another year. incurred in 1998 may be carried back 10 years under IRC If corrections have been made to the loss amount Section 172(b)(1)(c). (e.g., federal audit or amended return), you must report the Also, no limitations under IRC Section 382 or the separate corrected amount when you file. return limitation year provisions of the federal consolidated Ensure you have filed returns for all periods in which return regulations apply to any NLD carryover. you were required to file an Illinois return. Unfiled returns may result in disallowed losses, processing delays, and further correspondence from IDOR. IL-1041 Instructions (R-12/23) Page 4 of 23 |
Enlarge image | What if I have a discharge of indebtedness? If you are required to attach any Schedule(s) K-1-T, Beneficiary’s Share of Income and Deductions, only attach If you had discharge of indebtedness income for a taxable Schedule(s) K-1-T you received which lists your name and year ending on or after December 31, 2008, and all or a FEIN in Step 2 of Schedule K-1-T. Do not attach copies of portion of this income was excluded from your federal gross Schedule(s) K-1-T you issued and which lists your name and income due to bankruptcy or insolvency, then you may be FEIN in Step 1 of Schedule K-1-T. required to reduce either or both (i) the net operating loss incurred in the taxable year of the discharge, and (ii) any net When filing your Form IL-1041 include only forms operating loss carryovers to the taxable year of the discharge. and schedules required to support your return. Send If you were required to reduce a federal net operating loss correspondence separately to: in the year of the discharge, you may have been required to ILLINOIS DEPARTMENT OF REVENUE reduce any Illinois net loss you incurred for the same year. TAXPAYER CORRESPONDENCE This reduction is made on the Illinois income tax return you PO BOX 19044 SPRINGFIELD IL 62794-9044 filed for the loss year using the Loss Reduction Worksheet on Page 11 of these instructions. If you are a corporation Definitions to help you complete your Form IL-1041. (other than an S corporation) or trust and you were required Resident means to reduce or eliminate a federal net operating loss carryover • an individual who is present in Illinois for other than a because you had discharge of indebtedness income, you may temporary or transitory purpose; be required to reduce or eliminate your Illinois net operating • an individual who is absent from Illinois for a temporary or loss carryovers. This reduction is calculated on the Discharge transitory purpose but who is domiciled in Illinois; of Indebtedness Worksheet on Schedule NLD. Attach a copy of your federal Form 982, Reduction of Tax Attributes • the estate of a decedent who at his or her death was Due to Discharge of Indebtedness, to your return. For more domiciled in Illinois; information, see 86 Ill. Adm. Code Section 100.2310(c). • a trust created by a will of a decedent who at his or her death was domiciled in Illinois; or What is the standard exemption? • an irrevocable trust, whose grantor was domiciled in The standard exemption is $1,000. If you have a change in Illinois at the time the trust became irrevocable. For your tax year end, and the result is a tax period of less than purposes of this definition, a trust is irrevocable to the 12 months, the standard exemption is prorated based on extent that the grantor is not treated as the owner of the the number of days in the short tax year. However, if this is trust under IRC Sections 671 through 678. For a more your first or final return, you are allowed to use the full-year detailed explanation of “domicile” and “resident,” see standard exemption even if it is a short tax year. If you are Form IL-1040 Instructions, Illinois Individual Income Tax a nonresident, you must use Schedule NR (Form IL-1041) Return, General Information. to compute your exemption allowance. If you need further information, see the 35 ILCS 5/401(b). Nonresident means a person who is not a resident of Illinois, as defined previously. For tax years beginning on or after January 1, 2017, the standard exemption may not be claimed if the taxpayer’s In the following definitions, all references to “income” adjusted gross income for the taxable year is $250,000 or include losses. more. See specific instructions for more information. Illinois base income is your federal taxable income, plus any additions on Lines 2 through 10, less any subtractions on What attachments do I need? Line 25. See specific instructions for Steps 2 and 3. When filing your return there are certain types of income items Business income means all income (other than and subtraction modifications that require the attachment compensation) that may be apportioned by formula among of Illinois or federal forms and schedules. Breakdowns, the states in which you are doing business without violating statements, and other documentation may also be required. the Constitution of the United States. All income of a trust or Instructions for these attachments appear throughout the estate is business income unless it is clearly attributable to specific instructions for completing your return. only one state and is earned or received through activities All Illinois forms and schedules include an totally unrelated to any business you are conducting in more “IL Attachment No.” in the upper right corner of the form. than one state. Business income is net of all deductions Required attachments should be ordered numerically behind attributable to that income. the tax return, as indicated by the IL Attachment No. Failure to Nonbusiness income means all income other than attach forms and schedules in the proper order may result in business income or compensation. For more information processing delays. about the different types of nonbusiness income, see Illinois Required copies of documentation from your federal return Schedule NB Instructions. or other sources should be attached behind the completed A pass-through entity is any entity treated as a partnership, Illinois return. subchapter S corporation, or trust for federal income tax You must attach a copy of your U.S. Form 1041, Pages 1 purposes. and 2, to your Illinois return if you are required to file federally. Pass-through entity income is the income that any Schedule D, Beneficiary Information, must be completed and partnership, subchapter S corporation, or trust passes through attached to all Form IL-1041 filings. to its partners, shareholders, or beneficiaries. IL-1041 Instructions (R-12/23) Page 5 of 23 |
Enlarge image | PTE tax is an amount equal to 4.95 percent (.0495) of the All residents and pass-through entities must file their own taxpayer’s calculated net income for the tax year paid by a annual Illinois Income Tax return to claim a credit for any partnership (other than a publicly traded partnership under pass-through withholding reported to them. Section 7704 of the Internal Revenue Code) or subchapter Beginning with tax years ending on or after S corporation who elects to pay the tax for taxable years December 31, 2023, investment partnerships are required to ending on or after December 31, 2021, and beginning prior to withhold an amount for their nonresident partners. Investment January 1, 2026. partnerships will use the pass-through withholding line PTE tax credit is the distributive share of the credit allowed of Schedule K-1-P (Step 7, Line 55) to report investment as a result of a partnership or S corporation having elected to partnership withholding credit. Trusts and estates will treat pay the PTE tax. the investment partnership withholding credit the same as the pass-through withholding credit. See Schedule K-1-P(2) for PTE tax credit more information. • distributed to your beneficiaries is reported on When is business income allocable to Illinois? Schedule K-1-T, Line 50. If the trust or estate is a resident, all income received, • retained by the fiduciary is reported on Form IL-1041, regardless of source, is allocable to Illinois. Line 55d. If the trust or estate is a nonresident and business income is Pass-through withholding is the amount required to be derived reported and paid by the pass-through entity on behalf of its nonresident partners, shareholders, and beneficiaries • wholly inside Illinois, the entire amount of business income is allocable to Illinois; • who have not submitted Form IL-1000-E, Certificate of Exemption for Pass-through Withholding, to the • wholly outside of Illinois, none of the business income is pass-through entity, and allocable to Illinois; • who receive business and nonbusiness income from the • inside and outside of Illinois, complete Illinois pass-through entity. Schedule NR (Form IL-1041), Step 6. See the instructions for Illinois Schedule NR (Form IL-1041), Step 6. Pass-through withholding is • from subchapter S corporations, partnerships, and other • reported to your beneficiaries on the Schedule K-1-T you fiduciaries, the business income may be allocable to send to them, Illinois. See the Illinois Schedule(s) K-1-P, furnished by • reported to IDOR on your Form IL-1041 and Illinois the subchapter S corporation or partnership or the Illinois Schedule D, and Schedule(s) K-1-T furnished by the other fiduciary to • paid with your return or voluntarily prepaid with determine what income is allocable to Illinois. Form IL-1041-V. When is nonbusiness income allocable to Illinois? If any of your beneficiaries are pass-through entities themselves, they are required to report and pay pass-through If the trust or estate is a resident, all nonbusiness income is withholding on behalf of their own nonresident partners, allocable to Illinois. shareholders, or beneficiaries on the income you passed If the trust or estate is a nonresident, items of income and through. Your beneficiaries may claim a credit on their Illinois deduction which constitute nonbusiness income are allocable Income Tax return for pass-through withholding you reported to Illinois according to the following rules: and paid on their behalf. • Interest and dividend income received by a nonresident Trusts can both make and receive pass-through withholding. trust or estate is not allocable to Illinois. Estates can receive pass-through withholding. • Net rents and royalties • Pass-through withholding you owe on behalf of your Real property — Rents and royalties from real property beneficiaries is a payment of pass-through withholding are allocable to Illinois if the property is located in Illinois. you make on behalf of your nonresident beneficiaries Tangible personal property — Rents and royalties from who have not submitted Form IL-1000-E to you. This tangible personal property are allocable to Illinois to the amount will be reported on Form IL-1041, Line 53. extent the property is used in Illinois. The extent of use • Pass-through withholding reported to you is a of tangible personal property in a state is determined credit for pass-through withholding you receive on by multiplying the rents and royalties derived from the Schedules K-1-P and K-1-T as a partner, shareholder, or property by a fraction, in which the numerator is the beneficiary of a pass-through entity. This amount will be number of days the property is located in the state during reported on Form IL-1041, Line 55c. the rental and royalty period in the tax year and the If you are a nonresident and the pass-through withholding denominator is the total number of days during all rental or reported to you satisfies your Illinois Income Tax liability, you royalty periods in the tax year. are not required to file an Illinois Income Tax return. If you • Patent and copyright royalties are allocable to Illinois to had Illinois income from other sources and the pass-through the extent the patent or copyright is used in Illinois. withholding made on your behalf does not cover your liability, A patent is used in Illinois to the extent that it is employed you must file a return to report the tax on all of your Illinois in production, fabrication, manufacturing, or other income and claim a credit for pass-through withholding made processing in Illinois or to the extent that a patented on your behalf. product is produced in Illinois. IL-1041 Instructions (R-12/23) Page 6 of 23 |
Enlarge image | Acopyright is used in Illinois to the extent that printing or completed Illinois Schedule K-1-T and a copy of the Illinois other publication originates in Illinois. Schedule K-1-T(2), Beneficiary’s Instructions, to each • Gains and losses from sales or exchanges of real or beneficiary. Do not file copies of Illinois Schedule K-1-T tangible property are in Illinois if the property is located in that you issued to your beneficiaries with your Illinois at the time of the sale or exchange. Gains or losses Form IL-1041. However, you must keep a copy of each from the sale or exchange of intangible personal property Illinois Schedule K-1-T with your tax records. See Illinois are not allocable to Illinois. Schedule K-1-T(1), Instructions for Trusts and Estates Completing Schedule K-1-T and Schedule K-1-T(3), for more • Income from subchapter S corporations, partnerships information. and other fiduciaries paid to the trust or estate is allocable to Illinois as if the trust or estate received it Trusts only -You must use Illinois Schedule K-1-T(3), directly. See the Illinois Schedule(s) K-1-P furnished by Pass-through Withholding Calculation for Nonresident the subchapter S corporation or partnership or the Illinois Members, to calculate the required tax you must report Schedule(s) K-1-T furnished by the other fiduciary to and pay on behalf of your nonresident beneficiaries who determine what income is allocable to Illinois. receive business or nonbusiness income from you. You must complete the schedule if you have business or nonbusiness • Illinois state lottery winnings, and proceeds from income distributable to Illinois nonresident beneficiaries who sales or other transfers of rights to lottery winnings have not provided you with Form IL-1000-E. You are required received by a nonresident fiduciary are allocable to Illinois. to complete Schedule K-1-T(3) for each such beneficiary and • Gross receipts of winnings from sports wagering keep a copy of the completed schedule in your files. Do not conducted in accordance with the Sports Wagering Act for submit Schedule K-1-T(3) to IDOR unless we request it taxable years ending on or after December 31, 2021, are from you. The information entered on this schedule will assist allocable to Illinois. you in completing Illinois Schedule D. See Schedule K-1-T(1) • Other unspecified items of income or deduction of a for more information. nonresident taxpayer are not allocable to Illinois. You must use Illinois Schedule D to supply us with a What does taxable in other states mean? listing of your beneficiaries, certain items of income, and pass-through withholding you made on their behalf. You must Taxable in other states means you are subject to and actually complete all lines of Illinois Schedule D, as applicable, and file pay “tax” in another state. “Tax” means net income tax, it with your Form IL-1041. franchise tax measured by net income, or franchise tax for the privilege of doing business. You are considered taxable in What if the trust makes an accumulation or capital another state if that state has jurisdiction to subject you to a gain distribution? net income tax, even though that state does not impose such If the trust makes an accumulation distribution or a capital a tax. This definition is for purposes of allocating nonbusiness gain distribution (both as defined in IRC Section 665), income and apportioning business income inside or outside the portion of the distribution included in the income of a Illinois. nonresident or part-year resident beneficiary (under IRC What is the fiduciary’s share or beneficiary’s share Sections 668 and 669) is taxable to the extent that the trust of income? income was allocable to Illinois before distribution. The fiduciary’s share of an item of income or deduction is What if I participated in a reportable transaction? that amount required to be taken into account in computing If you participated in a reportable transaction, including a fiduciary taxable income for federal income tax purposes “listed transaction,” during this tax year and were required to for the tax year and is not paid, credited, or required to disclose that transaction to the IRS, you are also required to be distributed to the beneficiaries of the trust or estate for disclose that information to Illinois. that year. The fiduciary’s share of each of the addition and You must send us two copies of the form used to disclose the subtraction items required under the IITA is that part of each transaction to the IRS. item that relates and is attributable to the fiduciary’s share of the items of income and deduction. • Mail the first copy of the federal disclosure statement to: ILLINOIS DEPARTMENT OF REVENUE The beneficiary’s share of each of the items is the amount PO BOX 19029 that was properly paid, credited, or required to be distributed SPRINGFIELD IL 62794-9029 to the beneficiary for the tax year. The items of income and • Attach the second copy to your Illinois Income Tax return deduction and the additions and subtractions that are deemed for the tax year that the IRS disclosure was required. Mail to have been paid, credited, or distributed must be taken into the second copy and your Illinois Income Tax return to the account by the beneficiaries in proportion to their respective address shown on your return. Do not mail the second shares of the distributable net income. copy and your Illinois Income Tax return to the address When must I use Illinois Schedules K-1-T, K-1-T(3), listed above. and D? You must use Illinois Schedule K-1-T to supply each beneficiary with that individual’s or entity’s share of the amounts reported on your federal and Illinois tax returns. For Illinois Income Tax purposes, you must give a IL-1041 Instructions (R-12/23) Page 7 of 23 |
Enlarge image | What if I need additional assistance or forms? Where should I file? • For assistance, forms, or schedules, visit our website at • If a payment isenclosed with your return, mail your tax.illinois.gov or scan the QR code provided. Form IL-1041 to ILLINOIS DEPARTMENT OF REVENUE PO BOX 19053 SPRINGFIELD IL 62794-9053 • If a payment is not enclosed, mail your Form IL-1041 to: ILLINOIS DEPARTMENT OF REVENUE PO BOX 19009 SPRINGFIELD IL 62794-9009 • Write us at: ILLINOIS DEPARTMENT OF REVENUE PO BOX 19001 SPRINGFIELD IL 62794-9001 • Call 1 800 732-8866 or 217 782-3336 (TTY at 1 800 544-5304). • Visit a taxpayer assistance office - 8:00 a.m. to 5:00 p.m. (Springfield office) and 8:30 a.m. to 5:00 p.m. (all other offices), Monday through Friday. Specific Instructions Specific instructions for most of the lines are provided on the F — Indicate your method of accounting by checking the following pages. If a specific line is not referenced, follow appropriate box. You must use the same accounting method the instructions on the form. (e.g., cash or accrual) and tax year that you used for federal Step 1 — Identify your fiduciary income tax purposes. A — All taxpayers: Type or print your legal business G — Enter your entire federal employer identification number name. If you have a name change from last year, check the (FEIN). A partial FEIN will delay the processing of your return. corresponding box. H — If you are required to disclose reportable transactions B — Type or print your mailing address. and you have attached federal Form 8886, check the box. See “What if I participated in a reportable transaction?” for Any related correspondence issued by IDOR will be more information. mailed to the address entered on Step 1, Line B. I — If your residency is not in Illinois, check the box and attach C — Indicate if you are a trust or an estate by checking the a completed Illinois Schedule NR (Form IL-1041) to your tax appropriate box. return. Note: If you are filing a qualified revocable trust who has J — If you earned or can carryforward credits on Illinois made a federal Section 645 election, you must mark the Schedule 1299-D, Income Tax Credits (for corporations and estate box. fiduciaries), check the box and attach Illinois Schedule 1299-D D — Indicate if you are an Electing Small Business Trust and any other required support listed on Schedule 1299-D (ESBT), an individual bankruptcy estate, a complex trust or to your tax return, even if you are unable to use any of the estate without distributions, or a grantor trust by checking the credits in this tax year. appropriate box or boxes (you may check more than one). K — If you are claiming a special depreciation addition or You may only indicate you are an subtraction modifications on Form IL-1041, check the box and • ESBT or grantor trust if you checked the “Trust” box on attach Form IL-4562, Special Depreciation, to your tax return. Step 1, Line C; or L — If you are claiming other addition or subtraction • individual bankruptcy estate if you checked the “Estate” modifications on Form IL-1041, check the box and attach box on Step 1, Line C. Schedule M, Other Additions and Subtractions (for businesses), to your tax return. For individual bankruptcy estates, Illinois follows the federal filing procedures. You should complete M — If you are claiming related-party expense modifications Form IL-1040, Individual Income Tax Return, and carry on your Form IL-1041, check the box and attach the tax amount to Step 6 of Form IL-1041 and check the Schedule 80/20, Related-Party Expenses, to your tax return. Individual Bankruptcy box. On the top of Form IL-1040, N — Check the box and attach a detailed statement if you write “Individual Bankruptcy Estate. Do not detach.” must adjust your loss or loss carryover due to Discharge of Attach Form IL-1040 to the back of Form IL-1041. Indebtedness. For more information, see the instructions for E — If this is your first or final return, check the Line 28, the Loss Reduction Worksheet on Page 11 of these appropriate box and the box on Line 58 if you have a credit instructions, Schedule NLD, and Schedule NLD Instructions. carryforward on your final return. IL-1041 Instructions (R-12/23) Page 8 of 23 |
Enlarge image | O — Check this box if you are a 52/53-week filer. Line 7 — Enter the addition amount calculated on A 52/53-week filer is a fiscal filer with a tax year that varies Form IL-4562, Step 2, Line 4. For more information, see from 52 to 53 weeks because their tax year ends on the same Form IL-4562 and Instructions. Attach Form IL-4562 to your day of the week instead of the last day of the month. Form IL-1041. You must complete an IDOR-issued or previously The sum of the amounts reported in columns A and approved Form IL-1041 and corresponding schedules. B of this line should match the total amount reported on Do not send a computer printout or spreadsheets with line Form IL-4562, Step 2, Line 4. numbers and dollar amounts attached to a blank copy of the Line 8 — Enter the interest or intangible expenses, or return. insurance premiums paid to an affiliated company, to the Step 2 — Figure your income or loss extent these expenses exceed any taxable dividends you Line 1 — Enter the amount from U.S. Form 1041, Line 23. received from the affiliated company. To compute the amount Attach a copy of your federal return. of this addition, complete Step 2 of Illinois Schedule 80/20, and enter on Line 8 the total from Illinois Schedule 80/20, Do not include any capital gains on the lump-sum Step 2, Line 9. Attach Illinois Schedule 80/20 to your distribution from a retirement plan that you reported on Form IL-1041. your federal Form 4972, instead of on Line 8 of your U.S. Form 1041. The sum of the amounts reported in columns A and B of this line should match the total amount reported on Illinois Under federal law, Paycheck Protection Program Schedule 80/20, Step 2, Line 9. (PPP) loan forgiveness is not considered taxable income and the business expenses covered by the PPP loan proceeds are Some interest and intangible expenses may be exempt deductible business expenses. Currently, Illinois tax law has from this add-back provision. See Illinois Schedule 80/20 no addition modification to change this; therefore, the same Instructions for more information including definitions of treatment flows through to the Illinois return and is included as “affiliated company,” “intangible expenses,” and “intangible part of federal taxable income. assets.” Line 2 through 10 — Do not enter negative amounts on Line 9 — If you are a beneficiary in another trust or Lines 2 through 10. If you are claiming over-accrued taxes, estate, a partner in a partnership, or a shareholder in a include them on Schedule M (for business), Line 24. subchapter S corporation, include your distributive share of additions received from the trust, estate, partnership, or Line 2 — Enter the amount of net operating loss deduction subchapter S corporation on Schedules K-1-P or K-1-T. If from U.S. Form 1041, Line 15b. you receive multiple schedules because you are a recipient Line 3 — If you are an Electing Small Business Trust (ESBT), from multiple entities, you should enter the combined and your net taxable income from subchapter S corporations total of Step 5, Column A, Lines 32 through 37, from all is positive, enter that figure here. Also, you should include Illinois Schedules K-1-P you receive and Step 5, Column A, the amounts applicable from this trust in your addition and Lines 30 through 35, from all Illinois Schedules K-1-T you subtraction modifications. Attach a breakdown worksheet receive. Attach a copy of all Illinois Schedules K-1-P and explaining each amount. If your net taxable income from K-1-T to your Form IL-1041. subchapter S corporations is a loss, report it on Line 23. The trust or estate is required to send you Line 4 — Enter the exemption amount from your an Illinois Schedule K-1-T and Schedule K-1-T(2), U.S. Form 1041, Line 21. If you are a qualified disability trust, Beneficiary’s Instructions, and the partnership or enter $100 or the amount of your exemption, whichever is subchapter S corporation is required to send you an Illinois less. Schedule K-1-P and Schedule K-1-P(2), Instructions for Lines 5 through 10 - Addition Modifications — Any addition Partnerships and S Corporations Completing Schedule K-1-P, modification required in the computation of base income and Schedule K-1-P(3), specifically identifying your share of should be adjusted by any amount permanently set aside for income. charitable purposes pursuant to IRC Section 642(c). Include only additions reported to you on the Enter the addition modifications in Column A if the item is Schedule(s) K-1-P or K-1-T you received from a pass-through included in figuring your beneficiaries’ income. entity in which you are an investing partner or shareholder or Enter the addition modifications in Column B if the item is a beneficiary. Do not attach copies of Schedules K-1-T you included in figuring your income. issued to your beneficiaries. You should keep copies of these schedules in your records. Line 5 — You must add back any amount of Illinois Income and Replacement taxes and surcharge that you deducted on Line 10 — Enter the addition amount calculated on Illinois your U.S. Form 1041 to arrive at your federal taxable income. Schedule M, Step 2, Line 11. Attach a copy of Illinois You are not required to add back taxes from other states that Schedule M to your Form IL-1041. you included as a federal deduction. The sum of the amounts reported in columns A and B Line 6 — Enter the total of all amounts excluded from federal of this line should match the total amount reported on Illinois taxable income that were received or accrued as interest Schedule M, Step 2, Line 11. during the tax year. The following are examples of items that must be added to taxable income and are included on the Illinois Schedule M. IL-1041 Instructions (R-12/23) Page 9 of 23 |
Enlarge image | • Notes, bonds, debentures, or obligations issued by the • an Individual Retirement Account (IRA), a self-employed Governments of Guam, American Samoa, Puerto Rico, retirement plan (SEP), or a 401(k) plan. the Northern Mariana Islands, or the Virgin Islands. • a lump-sum distribution of cash or property from a • Lloyd’s plan of operations loss if reported on your behalf qualified plan (e.g., employer securities or retirement on Form IL-1065, Partnership Replacement Tax Return, income, endowment or life insurance contracts). Report and included in your federal taxable income. the total distribution treated as long-term capital gain • Nonresidents only: Business Expense Recapture - shown on federal Schedule D plus any amount treated Deductions you claimed this year and in your two most as ordinary income and included in U.S. Form 1041, recent tax years for expenses connected with income Line 8. Attach a copy of federal Schedule D and from an asset or activity which were reported as business U.S. Form 1041, Page 1, and supporting schedule for income in prior years and as nonbusiness income on Line 8. this return. This recapture should be allocated to the • the redemption of U.S. Retirement Bonds. Attach a copy fiduciary to the extent the business expenses were of U.S. Form 1041, Page 1, and supporting schedule allocated to the fiduciary in the year they were deducted. for Line 8. See Illinois Schedule NR (Form IL-1041) and Illinois • gain on the sale or exchange of employer securities. Schedule NR (Form IL-1041) Instructions for more Complete Form IL-4644, Gains from Sales of Employer’s information. Securities Received from a Qualified Employee Benefit • Any other state’s income tax deducted from federal Plan, to compute the subtraction. Attach Form IL-4644 to taxable income, if a corresponding credit is claimed on your Form IL-1041. Illinois Schedule CR (Form IL-1041), Credit for Tax Paid Do not subtract any capital gains on the lump-sum to Other States. Only add back the taxes for which you distribution from a retirement plan that you reported on are claiming a credit. your federal Form 4972, rather than on U.S. Form 1041, • The smaller of any capital loss on U.S. Form 1041, Line 4 Line 8. These amounts are excluded from your federal that you may carryforward or any negative amount on taxable income on Form IL-1041, Line 1, and cannot be U.S. Form 1041, Line 22. subtracted. Step 3 — Figure your base income or loss You must notify each beneficiary of his or her share of any amount included on Line 14, Column A, Lines 13 through 25 - Subtraction Modifications — Do not that is attributable to a capital gain distribution or to a gain enter negative amounts on Lines 13 through 25. realized on the disposition of employer securities. You must Any subtraction modification required in the computation also advise the beneficiary that his or her share of any of base income should be adjusted by any amount such amount is to be reported only if he or she is limiting permanently set aside for charitable purposes pursuant to capital gain on the disposition of property acquired before IRC Section 642(c). August 1, 1969, on Illinois Schedule F. If the beneficiary is Enter the subtraction modifications in Column A if the item is an individual, he or she will include the amount on Illinois included in figuring your beneficiaries’ income. Schedule F (Form IL-1040), Line 13. If the beneficiary is a Enter the subtraction modifications in Column B if the item is trust or estate, the fiduciary will include the amount on Illinois included in figuring your income. Schedule F (Form IL-1041), Line 14. A double deduction is prohibited by IITA Section 203(g). You Line 15 — Enter the total interest received or accrued from cannot deduct the same item more than once when figuring U.S. Treasury bonds, notes, bills, federal agency obligations, your subtractions. and savings bonds that is included in your federal taxable income. You may not subtract anything that is not identified 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 August 1, 1969, may be limited by the value of the property Line 16 — Enter any retirement payments to retired partners on August 1, 1969. See Illinois Schedule F for instructions. that were received by the trust or estate and excluded Attach Illinois Schedule F, and a copy of federal in computing net earnings from self-employment by IRC Schedule D (or federal Form 8949), federal Form 4797, Section 1402. and federal Form 6252, if filed. You must attach Illinois Schedule 1299-B, Do not enter an amount on Line 13a. River Edge Redevelopment Zone or Foreign Trade Zone (or sub-zone) Subtractions, to your Form IL-1041 if you Line 14 — Enter the federally taxed portion of any qualified have an amount on Lines 17 and 18. distribution received from Line 17 — Enter the River Edge Redevelopment Zone • a qualified employee pension, profit sharing, stock Dividend subtraction from Illinois Schedule 1299-B, Step 1, bonus, or bond purchase plan, or from a government Line 3. (including military) retirement or disability plan. Report 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. IL-1041 Instructions (R-12/23) Page 10 of 23 |
Enlarge image | Line 19 — Enter the amount of any contribution made to a Include only subtractions reported to you on the job training project established under the “Tax Increment Schedule(s) K-1-P or K-1-T you received from a pass-through Allocation Redevelopment Act,” as amended. For further entity in which you are an investing partner or shareholder or information, see 65 ILCS 5/11-74.4-1 et seq. a beneficiary. Do not attach copies of Schedules K-1-T you Line 20 — Enter the subtraction allowance from Form IL-4562, issued to your beneficiaries. You should keep copies of these Step 3, Line 19. Attach Form IL-4562 to your Form IL-1041. schedules in your records. The sum of the amounts reported in columns A and B Line 23 — If you are an ESBT, enter the amount of net of this line should match the total amount reported on taxable income if it is a loss passed through to you by Form IL-4562, Step 3, Line 19. subchapter S corporations. Also, you should include the Line 21 — Enter the amount from Illinois Schedule 80/20, amounts applicable from this trust in your addition and Step 4, Line 23. Attach Illinois Schedule 80/20 to your subtraction modifications. Attach a breakdown worksheet Form IL-1041. explaining each amount. Net positive income from subchapter S corporations is reported on Line 3. The sum of the amounts reported in columns A and B of this line should match the total amount reported on Illinois Do not enter an amount on Line 23a. Schedule 80/20, Step 4, Line 23. Line 24 — Enter the subtraction amount calculated on Illinois You should use Illinois Schedule 80/20 Schedule M, Step 3, Line 40. Attach a copy of Illinois Schedule M to your Form IL-1041. • if you added back interest paid to an affiliated company on Step 2, Line 8, you may subtract any interest received The sum of the amounts reported in columns A and B from that affiliated company during this tax year, up to the of this line should match the total amount reported on Illinois amount of your addition for interest expense paid to that Schedule M, Step 3, Line 40. company. Also, if you added back intangible expenses You may not subtract anything that is not identified below, from a transaction with an affiliated company on Line on Schedule M (for businesses), or in Illinois Publication 101. 8, you may subtract any income you received during Subtractions allowed on Illinois Schedule M include: the tax year from similar transactions with the affiliated • notes, bonds, debentures, or obligations issued by the company, up to the amount of your addition for intangible Governments of Guam, American Samoa, Puerto Rico, expense for that company. To compute the amount of this the Northern Mariana Islands, or the Virgin Islands, to the subtraction, complete Illinois Schedule 80/20. extent that you were required to add these amounts to • if you are an affiliated company, and you received your federal taxable income; interest or intangible income from someone who had to • Lloyd’s plan of operations income if reported on your add back the interest and intangible expense on their behalf on Form IL-1065 and included in your federal Illinois Schedule 80/20, you may subtract your interest or taxable income; intangible income from that person. • the amount equal to the deduction used to compute the Line 22 — Enter your distributive share of subtractions federal tax credit for restoration of amounts held under passed through to you on Schedules K-1-P or K-1-T by a claim of right under IRC Section 1341; partnership, S corporation, trust, or estate that you were either • the amounts disallowed as federal deductions or interest a partner, a shareholder, or a beneficiary of. Do not include expenses under IRC Sections 171(a)(2), 265, or 280C; any amounts passed through that are reflected on Illinois • reparations or other amounts received as a victim of Schedule 1299-B. Attach a copy of all Illinois Schedules persecution for racial or religious reasons by Nazi K-1-P and K-1-T you received to your Form IL-1041. Germany or any other Axis regime that are included in The partnership or the subchapter S corporation your federal taxable income. Also include any reparations is required to send you an Illinois Schedule K-1-P and or other amounts received as an heir of such victim that Schedule K-1-P(2) and the trust or estate is required to are included in your federal taxable income; send you an Illinois Schedule K-1-T and Schedule K-1-T(2), specifically identifying your share of subtractions. 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-12/23) Page 11 of 23 |
Enlarge image | • any other income included on Step 2, Line 11, exempt Step 5 — Figure your net replacement tax - For from taxation by Illinois by reason of its Constitution or trusts only, estates go to Step 6 statutes or by the Constitution, treaties, or statutes of the Line 35 — Enter your recapture of investment credits from United States. This amount is net of any bond premium Illinois Schedule 4255, Step 5, Column D, Line 20. amortization deducted federally. If you claimed any Illinois investment tax credit in a prior year Line 26 — Subtract Line 25 from Line 12. If you are a resident on Form IL-477, and any of the property was disqualified of Illinois enter this amount on Step 4, Line 27. The base within 48 months of being placed in service, you must use income of a resident trust or estate is not subject to allocation Illinois Schedule 4255 to compute the amount of recapture. or apportionment. The entire amount is allocated to Illinois Credit must be recaptured in the year the property became under the provisions of the IITA. If you are a nonresident of disqualified. Illinois, complete Illinois Schedule NR (Form IL-1041) before Line 37 — Enter the amount from Illinois Schedule CR completing Step 4. Attach Illinois Schedule NR (Form IL-1041) (Form IL-1041), Step 5, Line 60. Attach Illinois Schedule to your Form IL-1041. For more information, see Illinois CR and all required supporting documents to your Schedule NR (Form IL-1041) Instructions. Form IL-1041. For more information, see Illinois Schedule CR Step 4 — Figure your net income Instructions. Line 27 — Follow the instructions on the form. If this amount Line 38 — Enter the amount from Form IL-477, Step 1, is a loss, you may be allowed to carry it forward to other years Line 13. Attach Form IL-477 and any other required as an Illinois net loss deduction (NLD). support listed on Form IL-477 to your Form IL-1041. Line 28 — If you were required to reduce the net operating You may claim a replacement tax investment credit of loss reported on your U.S. Form 1041 because you excluded .5 percent (.005) of the basis of qualified property placed in any discharge of indebtedness income from this tax year’s service in Illinois during the tax year. gross income, then you may be required to reduce the net An additional credit of up to .5 percent (.005) of the basis of loss reported on Line 27. Use the Loss Reduction Worksheet qualified property is available if your Illinois base employment below to figure your loss reduction. increased over the preceding year or if your business is new Check the box in Step 1, Line N. to Illinois. Excess credit may be carried forward for five years Attach a copy of your federal Form 982, Reduction of following the excess credit year. For more information, see Tax Attributes Due to Discharge of Indebtedness, and a Form IL-477 Instructions. detailed statement, including the amounts and tax year, of Step 6 — Figure your net income tax - For trusts and the debt and reason for reduction to your Form IL-1041. For estates more information, see 86 Ill. Adm. Code Section 100.2310(c). Line 42 — Multiply Line 41 by 4.95 percent (.0495). If you also have Illinois net operating loss carryovers Line 43 — Enter the total of your recapture of to the tax year of the debt cancellation, you may also be investment credits from Illinois Schedule 4255, Step 5, required to reduce these carryovers. See Schedule NLD and Columns A, B, and C, Lines 20 and Step 6, Line 27. See Schedule NLD Instructions for more information. Schedule 4255 Instructions for more information regarding the Line 29 — If you have a discharge of indebtedness recapture of investment credits. adjustment on Line 28, add Lines 27 (a negative number) If you claimed an Illinois Enterprise Zone or River Edge and 28 (a positive number), and enter the result here. This Redevelopment Zone Investment Credit, High Impact amount cannot be greater than zero. Business Investment Credit, or Angel Investment Credit in a If you do not have a discharge of indebtedness prior year on Illinois Schedule 1299-D, and any of the property adjustment, enter zero on Line 28 and the amount from becomes disqualified, you must use Illinois Schedule 4255 to Line 27 on Line 29. compute the amount of recapture. Credit must be recaptured Line 30 — Enter your Illinois net loss deduction carryforward in the year in which the property became disqualified. For as determined from Illinois Schedule NLD, Step 1, Line 7, total more information, see Illinois Schedule 4255. box. Attach Illinois Schedule NLD to your Form IL-1041. Line 45 — Enter the amount from Illinois Schedule Line 31 — The standard exemption is $1,000. If you have CR (Form IL-1041), Step 5, Line 59. Attach Illinois a change in your tax year end, and the result is a tax period Schedule CR and all required supporting documents of less than 12 months, the standard exemption is prorated to your Form IL-1041. For more information, see Illinois based on the number of days in the short tax year. However, Schedule CR Instructions. if this is your first or final return, you are allowed to use Line 46 — Enter the amount from Illinois Schedule 1299-D, the full-year standard exemption even if it is a short tax Step 2, Line 10. The total of all credits is limited to the year. If you are a nonresident, you must use Schedule NR total income tax shown on Line 44. Attach Illinois (Form IL-1041) to compute your exemption allowance. Schedule 1299-D and any other required support listed This figure cannot be greater than “$1,000.” The standard on Schedule 1299-D to your Form IL-1041. For more exemption is $0.00 if your adjusted gross income (AGI) is information, see Illinois Schedules 1299-D and 1299-I, Income $250,000 or more. You should make the determination about Tax Credits Information and Worksheets. your AGI based on AGI under IRC Section 67(e). IL-1041 Instructions (R-12/23) Page 12 of 23 |
Enlarge image | Step 7 — Figure your refund or balance due Although a unitary business group filing combined Line 51 — Compassionate Use of Medical Cannabis Program Illinois returns is treated as a single taxpayer and its members Act surcharge. are jointly and severally liable for any surcharge imposed on the group, the group itself is not an organization registrant and Definitions transactions of any member that is not itself an organization Organization registrantmeans a corporation, partnership, registrant are not subject to the surcharge. trust, limited liability company (LLC), or other organization, that holds either a medical cannabis cultivation center How do I figure the surcharge? registration issued by the Illinois Department of Agriculture If the surcharge applies to you, complete the Surcharge or a medical cannabis dispensary registration issued by the Worksheet below. Illinois Department of Financial and Professional Regulation. For more information, see 86 Ill. Adm. Code Section 100.2060. Transactions subject to the surchargemeans sales and Line 52 —Sale of Assets by Gaming Licensee surcharge exchanges of Definitions • capital assets; Gaming licensee is an organization licensee under the Illinois • depreciable business property; Horse Racing Act of 1975 and/or an organization gaming • real property used in the trade or business; and licensee under the Illinois Gambling Act. • Section 197 intangibles of an organization registrant. Transactions subject to the surchargemeans sales and What is the surcharge? exchanges of For each taxable year beginning or ending during the • capital assets; Compassionate Use of Medical Cannabis Program, a • depreciable business property; surcharge is imposed on all taxpayers on income arising from • real property used in the trade or business; and the transactions subject to the surcharge of an organization • Section 197 intangibles of a gaming licensee. registrant under the Compassionate Use of Medical Cannabis What is the surcharge? Program Act. For each taxable year 2019 through 2027, a surcharge The amount of the surcharge is equal to the amount of federal is imposed on all taxpayers on income arising from the income tax liability for the taxable year attributable to the transactions subject to the surcharge of a gaming licensee. transactions subject to the surcharge. The amount of the surcharge is equal to the amount of federal To whom does the surcharge apply? income tax liability for the taxable year attributable to the The surcharge is imposed on any taxpayer who incurs a transactions subject to the surcharge. federal income tax liability on the income realized on a To whom does the surcharge apply? “transaction subject to the surcharge,” including individuals and other taxpayers who are not themselves the “organization The surcharge is imposed on any taxpayer who incurs a registrant” that engaged in the transaction. federal income tax liability on the income realized on a “transaction subject to the surcharge,” including individuals A line has been included on Schedules K-1-P and K-1-T and other taxpayers who are not themselves the “gaming to identify the amount of federal income attributable to licensee” that engaged in the transaction. transactions subject to the surcharge that was passed through to you on federal Schedule K-1. The surcharge imposed shall not apply if • the organization gaming license, organization license, or 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-12/23) Page 13 of 23 |
Enlarge image | • bankruptcy, a receivership, or a debt adjustment Line 54 — Add Lines 49 through 53 and enter the total on initiated by or against the initial licensee or the this line. This is your total net income and replacement taxes, substantial owners of the initial licensee; surcharge, and pass-through withholding you owe. • cancellation, revocation, or termination of any such Line 55a — Enter the sum of any overpayment from your license by the Illinois Gaming Board or the Illinois prior year tax returns that you requested to be applied to this Racing Board; year’s tax return. Take into account any correspondence we • a determination by the Illinois Gaming Board that may have sent you that changed the amount of your credit transfer of the license is in the best interests of Illinois carryforward from the previous year. gaming; Line 55b — Enter the sum of any • the death of an owner of the equity interest in a • voluntary estimated payments or tax prepayments made licensee; before the date this return is filed, • acquisition of a controlling interest in the stock or • extension payments made before the original due date of substantially all of the assets of a publicly traded the return, and company; • other payments made before the date this return is filed. • a transfer by a parent company to a wholly owned Line 55c — Enter the amount of Illinois pass-through subsidiary; or withholding (including any eligible investment partnership • the transfer or sale to or by one person to another withholding) reported to you by partnerships, S corporations, person where both persons were initial owners of the or trusts on Schedule(s) K-1-P or K-1-T. If you received more license when the license was issued; than one Schedule K-1-P or K-1-T, add the amounts you wish • the controlling interest in the organization gaming to claim from all the schedules and enter the total on Line 55c. license, organization license, or racetrack property is Do not include on Line 55c any pass-through transferred in a transaction to lineal descendants in withholding or pass-through entity tax you owe on behalf of which no gain or loss is recognized or as a result of your beneficiaries. Pass-through withholding amounts you a transaction in accordance with Section 351 of the owe on behalf of your beneficiaries is included on Step 7, Internal Revenue Code in which no gain or loss is Line 53. recognized; or Line 55d — Enter the amount of PTE tax credit reported • live horse racing was not conducted in 2010 at a to you on Schedule(s) K-1-P and K-1-T that is retained by racetrack located within 3 miles of the Mississippi the fiduciary. If you received more than one Schedule K-1-P River under a license issued pursuant to the Illinois or K-1-T, add the amounts you wish to claim from all the Horse Racing Act of 1975. schedules and enter the total on Line 55d. The transfer of an organization gaming license, organization PTE tax credit passed through to beneficiaries is reported on license, or racetrack property by a person other than the initial Schedule K-1-T, Line 50. licensee to receive the organization gaming license is not Do not include any PTE tax credit passed through to subject to a surcharge. beneficiaries on Schedule D Section B, Line H. A line has been included on Schedule K-1-P and For both Lines 55c and 55d: Schedule K-1-T to identify the amount of taxable gains Attach copies of the Schedules K-1-P and K-1-T you received attributable to transactions subject to the surcharge that was from pass-through entities to your Form IL-1041. passed through to you on federal Schedule K-1. Schedules K-1-P and K-1-T, Step 1, Line 3, must be Although a unitary business group filing combined completed or you will not receive credit for the pass-through Illinois returns is treated as a single taxpayer and its members withholding or PTE tax credit reported to you. are jointly and severally liable for any surcharge imposed 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 schedules in your records. If the surcharge applies to you, complete the Surcharge Worksheet on Page 13. Line 55e — Enter the amount of Illinois income tax withheld on wages and salaries (of a decedent), gambling withholding, Line 53 — Complete all sections of Illinois Schedule D and and sports wagering winnings withholding that was received enter the amount from Illinois Schedule D, Section A, Line 3 by you. on this line. This is the amount of pass-through withholding you owe on behalf of your beneficiaries. Attach Illinois This withholding must be claimed by the fiduciary. Also Schedule D to your Form IL-1041. See “Definitions to help include any Illinois Income Tax withheld as reported on you complete your Form IL-1041” in these instructions for any federal 1099 forms you received. Attach Forms W-2, more information. W-2G, and any federal 1099 forms you received to your Form IL-1041. Do not include on Line 53 any pass-through withholding reported to you on Schedule(s) K-1-P or K-1-T. Pass-through withholding amounts reported to you are included on Step 7, Line 55c. IL-1041 Instructions (R-12/23) Page 14 of 23 |
Enlarge image | For Lines 55c, 55d, and 55e – Grantor trusts If you wish to apply the credit to a different tax year, distribute all amounts reported on any Schedule K-1-P or see “May I apply my credit to a different tax year?” K-1-T they receive to the grantor identified on Schedule K-1-P, With what date will my credit apply against my tax Line 9b, or Schedule K-1-T, Line 8b. The distributed amounts liability? are reported by the grantor on their own Illinois return. Review If your 2023 return was filed the Schedule K-1-P(2) or Schedule K-1-T(2) Instructions. on or before the extended due date of your return Line 58 — Enter the amount of overpayment you elect to be (October 15, 2024, for calendar-year filers), your credit credited forward. Check the box on this line if this is your final is considered to be paid on the original due date of this return and any remaining carryforward is being transferred return (April 15, 2024, for calendar-year filers). to another entity. Attach a detailed statement to your return listing the FEIN of the entity receiving the credit carryforward, However, if all or a portion of your overpayment results the date the credit was transferred, and the reason for the from payments made after the original due date of this transfer. return, that portion of your credit is considered to be paid on the date you made the payment. Step 1, Line E, must also be completed if you are transferring an overpayment to another entity. Example 1: You file your 2023 calendar-year return on or before the extended due date of your return Your credit carryforward will not be applied if you do not file a requesting $500 be applied as a credit. All of your processable return. payments are made before the original due date of Your credit carryforward may be reduced by us your return. Your credit of $500 will be considered to due to corrections we make to your return, or to satisfy any be paid on April 15, 2024. unpaid tax, penalty, and interest due for this year or any other Example 2: You file your 2023 calendar-year year. If we reduce your credit carryforward, it may result in a return on or before the extended due date of your late-payment penalty in a subsequent year. return requesting $500 be applied as a credit. Your To which tax year will my credit apply? overpayment includes payments of $400 you made If your 2023 return was filed before the original due date of your return, and a $100 on or before the original filing and payment due date payment you made on June 3, 2024. Your credit of of your return, your credit will be applied to the next full $400 will be considered to be paid on April 15, 2024. tax year, unless you elect to apply the credit to a different The remaining $100 credit will be considered to be tax year. paid on June 3, 2024. Example 1: You file your 2023 calendar-year after the extended due date of your return, your credit return on March 1, 2024, requesting to receive your is considered to be paid on the date you filed the return on overpayment as a credit. March 1, 2024, falls before which you made the election. the original filing and payment due date of the 2023 Example 3: You file your 2023 calendar-year return tax year (April 15, 2024, for calendar-year filers). on December 2, 2024, requesting $500 be applied Your credit will be applied against your 2024 tax year as a credit. Your credit of $500 will be considered to liability. be paid on December 2, 2024, because you filed after the original filing and payment due date of your your return after the extended due date of your 2023 return, your credit will be applied to the next full tax year calendar-year return. in which timely payments can be made as of the date you If you are filing your return after the extended due are filing this return, unless you elect to apply the credit to date, you may only elect to claim an overpayment credit for a different tax year. payments received on or before the date you filed your return. Example 2: You file your 2023 calendar-year return Any payments made after the date you filed that return can on August 5, 2024, requesting to receive your only be claimed as an overpayment credit on a subsequent overpayment as a credit. August 5, 2024, is after the amended return. original filing and payment due date of the 2023 tax May I apply my credit to a different tax year? year (April 15, 2024, 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 2024 tax year (April 15, 2025, for calendar-year filers). separate request in writing to: Your credit will be applied against your 2024 tax year ILLINOIS DEPARTMENT OF REVENUE liability. PO BOX 19004 Example 3: You file your 2023 calendar-year SPRINGFIELD IL 62794-9004 return on April 23, 2025, requesting to receive your Submit your request at the time you file your return. overpayment as a credit. April 23, 2025, is after the Do not submit your return to this address. original filing and payment due date of the 2024 tax Your request must include year (April 15, 2025, for calendar-year filers), but is • your name, before the original filing and payment due date of the 2025 tax year (April 15, 2026, for calendar-year filers). • your FEIN, Your credit will be applied against your 2025 tax year • the tax year of the return creating the overpayment, and liability. • the tax year you wish to have the credit apply. IL-1041 Instructions (R-12/23) Page 15 of 23 |
Enlarge image | If you do not follow these instructions, your election will be We do not support international ACH transactions. considered invalid and we will not apply your credit as you We will only deposit refunds into accounts located within the requested. United States. If your financial institution is located outside the If you submit a valid request, we will apply your credit as you United States, we will send you a check instead of depositing requested and notify you. Once made, your election to change your refund into your account. the tax year to which your credit will apply is irrevocable. Line 61 — Follow the instructions on the form. This is your Requests will be worked in the order we receive them. amount of tax due that must be paid in full if $1 or more. If you You may only apply your credit to tax years occurring are not paying electronically, complete a payment voucher, after the year of the return creating the overpayment. If you Form IL-1041-V, make your check or money order payable to request to apply more credit than our records show you have “Illinois Department of Revenue” and attach them to the available, we will apply the maximum amount available and front of your return. notify you of the difference. If you are paying electronically do not complete and Lines 59 — Follow the instructions on the form. Your refund attach a payment voucher. will not be issued if you do not file a processable return. You should also enter the amount you are paying in the Your refund may be reduced by us to satisfy any box located on the top of Page 1 of the Form IL-1041. unpaid tax, penalty, and interest due for this year or any other We encourage you to let us figure your penalties and interest year. and send you a bill instead of determining these amounts Line 60 — Direct deposit information. yourself. We will compute any penalty and interest due and If you choose to deposit your refund directly into your notify you (see General Information, “What are the penalties checking or savings account, you must and interest?”). • Enter your routing number. Step 8 — Signature, date, and paid preparer’s • For a checking account, your routing number must information be nine digits and the first two digits must be 01 You must sign and date your return. If you do not sign your through 12 or 21 through 32. return, it will not be considered filed and you may be subject to a The sample check following these instructions has nonfiler penalty. an example of a routing number. If you pay someone to prepare your return, the income tax return preparer must also sign and date the return, enter the • For a savings account, you must contact your preparer tax identification number (PTIN) issued to them by financial institution for your routing number. the Internal Revenue Service, and provide their firm’s name, • Check the appropriate box to indicate whether you want FEIN, address, and phone number. your refund deposited into your checking or savings If you want to allow the paid preparer listed in this step account. to discuss this return with IDOR, check the box. This • Enter your account number. authorization will allow your paid preparer to answer any • For a checking account, your account number may questions that arise during the processing of your return, call be up to 17 digits. us with questions about your return, and receive or respond The sample check following these instructions to notices we send. The authorization will automatically end has an example of an account number. no later than the due date for filing your next year’s tax return (excluding extensions). You may revoke the authorization at • For a savings account, you must contact your any time by calling or writing us. financial institution for your account number. Do not use your account and routing numbers from your checking or savings account deposit slip.Do not include your check number. Include hyphens, but omit spaces and special symbols. You may have unused boxes. If your financial institution does not honor your request for direct deposit, we will send you a check instead. IL-1041 Instructions (R-12/23) Page 16 of 23 |
Enlarge image | Illinois Schedule D Instructions General Information of any overpayment. Additionally, failure to submit appropriate documentation when requested may result in a Read this information before completing Illinois Schedule D. referral to our Audit Bureau for compliance action. Amounts listed on the Schedule(s) K-1-T and Schedule(s) K-1-T(3) you complete are carried to your Fiduciaries must complete Illinois Schedule D. Do not Illinois Schedule D and then reported on your Form IL-1041. send a computer printout with line numbers and dollar Therefore, you must complete Schedule(s) K-1-T and amounts attached to a blank copy of the schedule. Computer Schedule(s) K-1-T(3) before completing Schedule D. generated printouts are not acceptable, even if they are in the same format as IDOR’s forms. Computer generated forms In order to ensure you complete Schedule D correctly, do the from an IDOR-approved software developer are acceptable. following in order: Complete all Schedule(s) K-1-T and What is a resident? Schedule(s) K-1-T(3), as applicable, for your beneficiaries A resident is before completing any section of Illinois Schedule D. • an individual who is present in Illinois for other than a The information reported on Schedule(s) K-1-T and temporary or transitory purpose; Schedule(s) K-1-T(3) will be used to complete Illinois • an individual who is absent from Illinois for a temporary or Schedule D. See Schedule K-1-T(1) for more information. transitory purpose but who is domiciled in Illinois; Complete Section B of Illinois Schedule D before • the estate of a decedent who at his or her death was completing Section A of Illinois Schedule D. Section B domiciled in Illinois; reports specific amounts from each Schedule K-1-T and Schedule K-1-T(3) you completed. Section B is required • a trust created by a will of a decedent who at his or her to be completed in full in order to avoid processing delays, death was domiciled in Illinois; or further correspondence, or delays in the processing of any • an irrevocable trust, whose grantor was domiciled in 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 IRC Sections 671 through 678. further correspondence, or delays in the processing of any What is a nonresident? overpayments. A nonresident is a person who is not a resident, as previously Carry the amount from Illinois Schedule D, Section A, defined. Corporations, S corporations, partnerships, and Line 3, to your Form IL-1041, as applicable. exempt organizations are considered nonresidents for See the Schedule K-1-T(1) Instructions and Illinois purposes of Illinois Schedule D. Schedule D, Specific Instructions, for more information. What do Section B, Lines F and G report? What is the purpose of Illinois Schedule D? Lines F and G report certain items of income and The purpose of Illinois Schedule D, Beneficiary Information, pass-through withholding you reported to your nonresident is for you to identify any person who was a beneficiary during beneficiaries on the Schedule K-1-T you issued to them. your tax year. How do I determine the amounts to report in Section B, Illinois Schedule D also allows you to identify your Lines F and G? beneficiaries that are subject to the Illinois Personal Property Before completing Illinois Schedule D you must complete Tax Replacement Income Tax and to figure the share Schedule(s) K-1-T and Schedule(s) K-1-T(3) for each of of distributable income or loss that is to be added to or your nonresident beneficiaries, as applicable. The amounts subtracted from your base income. reported on those schedules will be used to complete Illinois Is Schedule D required? Schedule D, Section B, Lines F and G. Yes. You are required to have a copy of this form on file. You Estates are not required to make pass-through withholding on must attach a copy to your Form IL-1041, Illinois Fiduciary behalf of their nonresident beneficiaries. Income and Replacement Tax Return. See Schedule K-1-T(1) for instructions and more information Illinois Schedule D supports the amount reported on about Schedule K-1-T(3). Form IL-1041, Step 7, Line 53, as pass-through withholding What does Section B, Line H report? you owe on behalf of your nonresident beneficiaries. Line H reports the amount of pass-through entity tax credit Therefore, you must follow the instructions for Illinois you received that is being distributed to your beneficiaries. Schedule D, complete it in full, and attach it to your return. This amount will also be reported on the Schedule K-1-T You must use forms prescribed by IDOR. Separate distributed to the beneficiary. statements not on forms provided or approved by IDOR 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 IL-1041 Instructions (R-12/23) Page 17 of 23 |
Enlarge image | Specific Instructions Section B — Beneficiaries’ information Section A — Total beneficiaries’ information Columns 1 through 3 — 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. IL-1041 Instructions (R-12/23) Page 18 of 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 three 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-12/23) 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 (including any eligible investment partnership 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 (including any eligible investment partnership 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 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. IL-1041 Instructions (R-12/23) Page 20 of 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 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-12/23) 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 IL-1041 Instructions (R-12/23) Page 22 of 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 withholding (including any eligible investment partnership withholding) expected to be made on your behalf or PTE tax credit expected in the next tax year on any Schedule K-1-P or Schedule K-1-T you receive. 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-12/23) Page 23 of 23 |