Enlarge image | Illinois Department of Revenue Use for tax year ending on or after December 31, 2023, and before December 31, 2024. IL-1120-ST 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-1120-ST. General Information ............................................ 1 • IL-4562 has been expanded and includes 60 percent bonus depreciation. Specific Instructions ........................................... 7 • Schedule M has been expanded and includes a new subtraction line for cannabis establishments that had deductions disallowed Apportionment Formulas .................................. 16 federally under IRC Section 280E. Illinois Schedule B Instructions ....................... 18 • Schedule B, Section B has been reformatted from 4 columns to 3 columns. Appendix A - Extension Tax Payment • Illinois business payment vouchers are no longer year specific. Worksheet .......................................................... 22 To avoid processing delays, taxpayers submitting paper business vouchers to the Illinois Department of Revenue should ensure Appendix B - Pass-through Withholding that the month and year of their filing period are entered on each voucher. Do not enter your estimated payment due date. Prepayment Worksheets................................... 23 Appendix C - Estimated Payment and Prepayment Worksheet..................................... 25 General Information Who must file Form IL-1120-ST? S corporations must complete Form IL-1120-ST. Do not send a computer printout with line numbers and dollar amounts attached You must file Form IL-1120-ST if you are a small business to a blank copy of the return. Computer generated printouts are not corporation (“S corporation”), as defined in Internal Revenue Code acceptable, even if they are in the same format as IDOR’s forms. (IRC) Section 1361(a), that Computer generated forms from an IDOR-approved software • has net income or loss as defined under the Illinois Income Tax developer are acceptable. Act (IITA); or Form IL-1120-ST (R-12/23) is for tax years ending on • is qualified to do business in the state of Illinois and is required to or after December 31, 2023, and before December 31, 2024. file U.S. Form 1120S (regardless of net income or loss). For tax years ending on or after December 31, 2022 and before If you own a Qualified Subchapter S Subsidiary (QSSS) defined December 31, 2023, use the 2022 form. Using the wrong form will in IRC Section 1361(b)(3), as well as any other entity that is delay the processing of your return. disregarded as an entity separate from you for purposes of the IRC, it is likewise disregarded as a separate entity for purposes of the IITA. How do I register my business? You must include all items of income, deduction, loss, credit, etc., If you are required to file Form IL-1120-ST, you should register with from such entities on your return as if they were earned or incurred IDOR. You may register by you directly. • online with MyTax Illinois, our free online account management If you are an S corporation that is a member of a unitary business program for taxpayers; group, see the Illinois Schedule UB, Combined Apportionment for • by completing Form REG-1, Illinois Business Registration Unitary Business Group Instructions and “What if I am a member of Application, and mailing it to the address on the form; or a unitary group?” in the general instructions below for information • by visiting a regional office. about filing requirements. S corporations may be required to apportion their business income as members of a unitary group, but Visit our website at tax.illinois.gov for more information. cannot file a combined return. Registering with IDOR prior to filing your return ensures that your tax returns are accurately processed. What forms must I use? Your identification numbers as an Illinois business taxpayer are In general, you must obtain and use forms prescribed by the Illinois your federal employer identification number (FEIN) and your Illinois Department of Revenue (IDOR). Separate statements not on forms account number. provided or approved by IDOR will not be accepted and you will be asked for appropriate documentation. Failure to comply with When should I file? this requirement may result in failure to file penalties, a delay Your Illinois filing due date is the same as your federal filing due in the processing of your return, or a delay in the generation date. In general, Form IL-1120-ST is due on or before the 15th day of of any overpayment. Additionally, failure to submit appropriate the 3rd month following the close of the tax year. documentation when requested may result in a referral to our Audit Bureau for compliance action. IL-1120-ST Instructions (R-12/23) Printed by the authority of the state of Illinois - electronic only - one copy. Page 1 of 27 |
Enlarge image | Automatic seven-month extension — We grant you an automatic We will apply each payment to the earliest due date until that liability seven-month extension of time to file your small business corporate is paid, unless you provide specific instructions to apply it to another tax return. The automatic extension of time to file is granted whether period. You may also be assessed a bad check penalty if your or not you request it. You are not required to file a form in order to remittance is not honored by your financial institution. obtain this automatic extension. If you expect tax to be due, you must pay any tentative tax due, by the original due date of the Who should sign the return? return, in order to avoid interest and penalty on tax not paid by that Your Form IL-1120-ST must be signed by the president, vice date. To pay any tax due by the original due date of your return: president, treasurer, or any other officer duly authorized to sign the • visit tax.illinois.gov, for information about ACH credit, return. In the case of a bankruptcy, a receiver, trustee, or assignee must sign any return required to be filed on behalf of the corporation. • pay using mytax.illinois.gov, or The signature verifies by written declaration (and under penalties • mail Form IL-1120-ST-V, Payment Voucher for Small Business of perjury) that the signing individual has personally examined the Corporation Replacement Tax, using the address on the form. return and the return is true, correct, and complete. The fact that If an unpaid liability is disclosed when you file your return, then you an individual’s name is signed to a return is prima facie evidence may owe penalty and interest charges in addition to the tax. See the that the individual is authorized to sign the return on behalf of the “What are the penalties and interest?” section below. An extension corporation. of time to file your Form IL-1120-ST is not an extension of time Any person paid to prepare the return (other than a regular, full-time for payment of Illinois tax. employee of the taxpayer, such as a clerk, secretary, or bookkeeper) Additional extensions beyond the automatic extension period must provide a signature, date the return, enter the preparer tax — We will grant an extension of more than seven months only if an identification number (PTIN) issued to them by the Internal Revenue extension is granted by the Internal Revenue Service (IRS) beyond Service, and provide their firm’s name, FEIN, address, and phone the date of the Illinois automatic extension. Your additional Illinois number. extension will be equal to the federal extension, plus one month. If your return is not signed, any overpayment of tax is You must attach a copy of the approved federal extension to your considered forfeited if, after notice and demand for signature, you fail Form IL-1120-ST. to provide a signature within three years from the date your return When should I pay? was filed. Payment of tax — You must pay your Illinois Replacement Tax, What are the penalties and interest? pass-through withholding, and PTE tax you elect to pay in full on or Penalties — You will owe before the original due date of the return. Failure to pay the tax due on or before the original due date of the return may result in penalty • a late-filing penalty if you do not file a processable return by the and interest. This payment date applies even though an automatic extended due date; extension for filing your return has been granted. All payments must • a late-payment penalty if you do not pay the tax you owe by the be made using Form IL-1120-ST-V. original due date of the return; Extension Payments - If you expect tax to be due, you must pay • a late-payment penalty for underpayment of estimated tax if any tentative tax due by the original due date of the return using you were required to make estimated tax payments and failed to Form IL-1120-ST-V, either electronically or by mail. See Appendix A do so, or failed to pay the required amount by the payment due for more information. date; Estimated tax payments — S corporations who elect to pay • a bad check penalty if your remittance is not honored by your PTE tax and reasonably expect their total tax liability to exceed financial institution; and $500 are required to make estimated tax payments using • a cost of collection fee if you do not pay the amount you owe Form IL-1120-ST-V, either electronically or by mail. Estimated within 30 days of the date printed on your bill. Payments are due on the 15th day of the 4th, 6th, 9th, and 12th Interest — Interest is calculated on tax from the day after the original months of the tax year. All other S corporations are not required due date of your return through the date you pay the tax. to make estimated tax payments. See Appendix C for more information. We will bill you for penalties and interest. For more information about penalties and interest, see Publication 103, Penalties and Interest for Voluntary Prepayments - S corporations who do not elect to Illinois Taxes, available at tax.illinois.gov. pay PTE tax or S corporations who elect to pay PTE tax and reasonably expect their total tax liability to be less than $500 may What if I am discontinuing my business? make voluntary prepayments of their own tax liability using Form Liquidation, withdrawal from Illinois, or loss of charter — If you IL-1120-ST-V. S corporations who do not elect to pay PTE tax may are a corporation that is liquidated, withdraws either voluntarily or also use Form IL-1120-ST-V to make pass-through withholding involuntarily from Illinois, or in any manner surrenders or loses your prepayments on behalf of your shareholders. See Appendix B and charter during any tax year, you are still required to file tax returns. Appendix C for more information. Also, we will pursue the assessment and collection of taxes owed by We encourage you to make your payments electronically using you or your shareholders. MyTax Illinois or Modernized E-File (MeF) systems, or you may Sales or transfers — If you are a corporation that, outside the usual use Form EFT-1, Authorization Agreement for Certain Electronic course of business, sells or transfers the major part of any one or Payments, to set up an ACH credit or phone debit transaction. more of These options can be found on our website at tax.illinois.gov. If you make your payments using MyTax Illinois, MeF, or EFT, do • the stock of goods which you are in the business of selling, not mail us your Form(s) IL-1120-ST-V. You must use one of our • the furniture or fixtures of your business, electronic payment options if IDOR has notified you that you are • the machinery and equipment of your business, or required to make payments electronically. • the real property of your business, IL-1120-ST Instructions (R-12/23) Page 2 of 27 |
Enlarge image | you or the purchaser must complete and send us Form CBS-1, What records must I keep? Notice of Sale, Purchase, or Transfer of Business Assets, no later You must maintain books and records to substantiate any than 10 business days prior to the date the sale takes place. Send information reported on your Form IL-1120-ST. Your books and this form, along with copies of the sales contract and financing records must be available for inspection by our authorized agents agreement, to and employees. ILLINOIS DEPARTMENT OF REVENUE BULK SALES UNIT Do IDOR and the IRS exchange income PO BOX 19035 SPRINGFIELD IL 62794-9035 tax information? IDOR and the IRS exchange income tax information for the purpose or of verifying the accuracy of information reported on federal and REV.BulkSales@illinois.gov Illinois tax returns. All amounts you report on Form IL-1120-ST are What if I need to correct or change my return? subject to verification and audit. Do not file another Form IL-1120-ST with “amended” figures Should I round? to change your originally filed Form IL-1120-ST. If you need to You must round the dollar amounts on Form IL-1120-ST and correct or change your return after it has been filed, you must file accompanying schedules to whole-dollar amounts. To do this, you Form IL-1120-ST-X, Amended Small Business Replacement Tax should drop any amount less than 50 cents and increase any amount Return. Returns filed before the extended due date of the return are of 50 cents or more to the next higher dollar. treated as your original return for all purposes. For more information, see Form IL-1120-ST-X instructions. What if I have an Illinois net loss You should file Form IL-1120-ST-X only after you have filed a deduction (NLD)? processable Illinois Income Tax return. You must file a separate An Illinois net loss deduction (NLD) can be used to reduce the base Form IL-1120-ST-X for each tax year you wish to change. income allocable to Illinois only if the loss year return has been filed State changes only — File Form IL-1120-ST-X promptly if you and to the extent the loss was not used to offset income from any discover an error on your Illinois return that does not relate to an other tax year. S corporations and partnerships, including any that error on your federal return but rather was caused by are members of a unitary group, trusts, and non-unitary corporations • a mistake in transferring information from your federal return to should use Schedule NLD, Illinois Net Loss Deduction, to determine your Illinois return; any NLD. • failing to report or misreporting to Illinois an item that has no effect To determine your “Illinois net loss” start with federal taxable income on your federal return; or and apply all addition and subtraction modifications and all allocation and apportionment provisions. • a mistake in another state’s tax return that affects the computation of your Illinois tax liability. In order to have any available NLD applied to your return, you must claim the deduction on Step 7, Line 50. See specific instructions for If you are claiming an overpayment, Form IL-1120-ST-X must be Step 7, Line 50. filed within three years after the extended due date or the date the return was filed, or within one year after the tax giving rise to the If you have an Illinois net loss for this tax year, you must file Form overpayment was paid, whichever is latest. IL-1120-ST reporting the loss in order to carry the loss forward to another year. Federal changes only — File Form IL-1120-ST-X if you have filed an amended federal return or if you have been notified by the IRS If corrections have been made to the loss amount (e.g., federal audit that they have made changes to your return. This includes any or amended return), you must report the corrected amount when you change in your federal income tax liability, any tax credit, or the file. computation of your federal taxable income as reported for federal Ensure you have filed returns for all periods in which you income tax purposes, if the change affects any item entering into the were required to file an Illinois return. Unfiled returns may result in computation of net income, net loss, or any credit for any year under disallowed losses, processing delays, and further correspondence the IITA. You must file Form IL-1120-ST-X no later than 120 days from IDOR. after the federal changes have been agreed to or finally determined If you need more information about Illinois NLD, see Schedule to avoid a late-payment penalty. NLD instructions or the 86 Ill. Adm. Code Sections 100.2050 If your federal change decreases the tax due to Illinois and and 100.2300 through 100.2330 , available on our website at you are entitled to a refund or credit carryforward, you must file tax.illinois.gov. Form IL-1120-ST-X within two years plus 120 days of federal finalization. What are the carry provisions of the Attach a copy of federal finalization or proof of acceptance from the Illinois NLD? IRS along with a copy of your amended federal form, if applicable, to For tax years ending on or after December 31, 2021, Illinois net your Form IL-1120-ST-X. Examples of federal finalization include a losses cannot be carried back and can only be carried forward for copy of one or more of the following items: 20 tax years. • your audit report from the IRS For tax years ending on or after December 31, 2003, and • your federal record of account verifying your ordinary business before December 31, 2021, Illinois net losses cannot be carried income back, and can only be carried forward for 12 years. However, the carryover period of any net loss that had not expired as of For amended tax returns filed on or after January 1, 2024, November 16, 2021, shall be extended from 12 years to 20 years. a late payment penalty will be assessed for any amended return not filed and the resulting liability not paid within 120 days of the federal change. See 35 ILCS 735/3-3(b-25) for more information. IL-1120-ST Instructions (R-12/23) Page 3 of 27 |
Enlarge image | For tax years ending on or after December 31, 1999, and before and FEIN in Step 2 of Schedule K-1-P. Do not attach copies of December 31, 2003, all Illinois net losses must be carried back two Schedule(s) K-1-P you issued and which lists your name and FEIN years (unless an election to only carry forward is made) then forward in Step 1 of Schedule K-1-P. 20 years. The election to carry a loss forward only was made by When filing your Form IL-1120-ST, include only forms and checking the appropriate box on the original or amended loss-year schedules required to support your return. Send correspondence return, whichever showed the loss first. Once the election was made separately to: to forgo the Illinois carryback provision, the election was irrevocable. ILLINOIS DEPARTMENT OF REVENUE Losses incurred in tax years ending before December 31, 1999, TAXPAYER CORRESPONDENCE can be carried back and carried forward for the periods allowed PO BOX 19044 under Internal Revenue Code (IRC) Section 172, for the tax year in SPRINGFIELD IL 62794-9044 which the loss was incurred. In general, losses incurred in tax years Definitions to help you complete your Form beginning IL-1120-ST. • after August 5, 1997, and ending before December 31, 1999, must be carried back two years, then forward 20 years. All references to “income” include losses. • on or before August 5, 1997, must be carried back three years, Base income means federal ordinary income modified by additions then forward 15 years. and subtractions as shown in Steps 2 through 5 of Form IL-1120-ST. See specific instructions for Steps 2 through 5. For tax years ending on or after December 31, 1996, and before December 31, 2003, you may have made the election to forgo Business income means all income (other than compensation) any of the previously mentioned Illinois NLD carryback periods by that may be apportioned by formula among the states in which checking the appropriate box on your loss year return. This election you are doing business without violating the Constitution of the must have been made by the extended due date of your return and United States. All income of a corporation is business income once made was irrevocable for that tax year. unless it is clearly attributable to only one state and is earned or received through activities totally unrelated to any business you are In addition, the special carryover periods in IRC Section 172, as in conducting in more than one state. Business income is net of all effect for a particular tax year, would apply to losses incurred in that deductions attributable to that income. year. For example, a “specified liability loss” incurred in 1998 may be carried back 10 years under IRC Section 172(b)(1)(c). Most income of a corporation is regarded as business income. Consequently, in the case of a corporation other than a personal Also, no limitations under IRC Section 382 or the separate return holding company, the consistent treatment of income from limitation year provisions of the federal consolidated return intangibles as business income in filing Illinois tax returns will be regulations apply to any NLD carryover. presumed correct. What if I have a discharge of indebtedness? Commercial domicile means the principal place from which your If you had discharge of indebtedness income for a taxable year trade or business is directed or managed. ending on or after December 31, 2008, and all or a portion of Nonbusiness income means all income other than business this income was excluded from your federal gross income due to income or compensation. For more information about the different bankruptcy or insolvency, then you may be required to reduce any types of nonbusiness income, see the instructions for Illinois Illinois net loss you incurred for that year before you determine an Schedule NB, Nonbusiness Income. Illinois NLD. This reduction is made on the Illinois income tax return A pass-through entity is any entity treated as a partnership, you filed for the loss year using the Loss Reduction Worksheet on subchapter S corporation, or trust for federal income tax purposes. Page 10 of these instructions. Attach a copy of your federal Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness, Pass-through entity income is the income that any partnership, to your return. For more information, see 86 Ill. Adm. Code Section subchapter S corporation, or trust passes through to its partners, 100.2310(c). shareholders, or beneficiaries. Pass-through Entity (PTE) tax is an amount equal to 4.95 percent What attachments do I need? (.0495) of the taxpayer’s calculated net income for the taxable year When filing your return there are certain types of income items paid by a partnership (other than a publicly traded partnership under and subtraction modifications that require the attachment of Section 7704 of the Internal Revenue Code) or an S corporation Illinois or federal forms and schedules. Breakdowns, statements, who elects to pay the tax for taxable years ending on or after and other documentation may also be required. Instructions for December 31, 2021, and beginning prior to January 1, 2026. these attachments appear throughout the specific instructions for PTE tax credit is the distributive share of the credit allowed as a completing your return. result of a partnership or S corporation having elected to pay the All Illinois forms and schedules include an “IL Attachment PTE tax. No.” in the upper right corner of the form. Required attachments PTE tax credit is should be ordered numerically behind the tax return, as indicated by • reported to your shareholders on the Schedule K-1-P and the IL Attachment No. Failure to attach forms and schedules in the proper order may result in processing delays. • reported to IDOR on Form IL-1120-ST and Illinois Schedule B. Required copies of documentation from your federal return or other A nonresident individual shareholder of an S Corporation for a sources should be attached behind the completed Illinois return. taxable year in which the election to pay PTE tax was made shall not be required to file an income tax return under the IITA for such You must attach a copy of your U.S. Form 1120S, Pages 1 taxable year if the only source of net income of the individual (or the through 5, to your Illinois return. individual and the individual’s spouse in the case of a joint return) Schedule B, Partners’ or Shareholders’ Information, must be is from an entity making the PTE election and the credit allowed to completed and attached to all Form IL-1120-ST filings. the shareholder equals or exceeds the individual’s liability for the tax If you are required to attach any Schedule(s) K-1-P, Partner’s or imposed under subsections (a) and (b) of Section 201 of the IITA for Shareholder’s Share of Income, Deductions, Credits, and Recapture, the taxable year. only attach Schedule(s) K-1-P you received which lists your name IL-1120-ST Instructions (R-12/23) Page 4 of 27 |
Enlarge image | Pass-through withholding is the amount required to be reported What does taxable in other states mean? and paid by the pass-through entity, who does not elect to pay Taxable in other states means you are subject to and pay “tax” in PTE tax, on behalf of its nonresident partners, shareholders, and another state. “Tax” includes net income tax, franchise tax measured beneficiaries by net income, franchise tax for the privilege of doing business, • who have not submitted Form IL-1000-E, Certificate of and corporate stock tax. You are considered taxable in another Exemption for Pass-through Withholding, to the pass-through state if that state has jurisdiction to subject you to a net income tax, entity, and even though that state does not impose such a tax. This definition • who receive business and nonbusiness income from the is for purposes of allocating nonbusiness income and apportioning pass-through entity. business income inside or outside Illinois. Pass-through withholding is When must I use Illinois Schedules K-1-P, • reported to your shareholders on the Schedule K-1-P you send K-1-P(3), and B? to them, You must use Illinois Schedule K-1-P to supply each shareholder • reported to IDOR on your Form IL-1120-ST and Illinois with that individual’s or entity’s share of the amounts reported on Schedule B, and your federal and Illinois tax returns. For Illinois Income Tax purposes, • paid with your return or voluntarily prepaid with you must give a completed Illinois Schedule K-1-P and a copy of the Form IL-1120-ST-V. Illinois Schedule K-1-P(2), Partner’s and Shareholder’s Instructions, If any of your shareholders are pass-through entities to each shareholder. Do not file copies of Illinois Schedule K-1-P themselves, they are required to report and pay pass-through that you issue to your shareholders with your Form IL-1120-ST. withholding on behalf of their own nonresident partners, However, you must keep a copy of each Illinois Schedule K-1-P with shareholders, or beneficiaries on the income you passed through. your tax records. See Illinois Schedule K-1-P(1), Instructions for Your shareholders may claim a credit on their Illinois Income Tax Partnerships and S Corporations Completing Schedule K-1-P and return for pass-through withholding you reported and paid on their Schedule K-1-P(3), for more information. behalf. You must use Illinois Schedule K-1-P(3), Pass-through Withholding S corporations can both make and receive pass-through withholding. Calculation for Nonresident Members, to calculate the required tax you must report and pay on behalf of your nonresident • Pass-through withholding you owe on behalf of your shareholders who receive business or nonbusiness income from members is a payment of pass-through withholding you make your S corporation. You must complete the schedule if you have on behalf of your nonresident shareholders who have not business or nonbusiness income distributable to Illinois nonresident submitted Form IL-1000-E to you. This amount will be reported shareholders who have not provided you with Form IL-1000-E. on Form IL-1120-ST, Line 59. You are required to complete Schedule K-1-P(3) for each such • Pass-through withholding reported to you is a credit for shareholder and keep a copy of the completed schedule in your files. pass-through withholding you receive on Schedules K-1-P and Do not submit Schedule K-1-P(3) to IDOR unless we request it K-1-T as a partner, shareholder, or beneficiary of a pass-through from you. The information entered on this schedule will assist you entity. This amount will be reported on Form IL-1120-ST, in completing Illinois Schedule B. See Schedule K-1-P(1) for more Line 65c. information. If you are a nonresident and the pass-through withholding reported to You must use Illinois Schedule B to supply us with a listing of your you satisfies your Illinois Income Tax liability, you are not required to shareholders, certain items of income and credits they received file an Illinois Income Tax return. If you had Illinois income from other from you, and pass-through withholding or PTE tax credit. You must sources and the pass-through withholding made on your behalf does complete all lines of Illinois Schedule B, as applicable, and file it with not cover your liability, you must file a return to report the tax on all of your Form IL-1120-ST. your Illinois income and claim a credit for pass-through withholding made on your behalf. What if I am a member of a unitary group? All residents and pass-through entities must file their own annual If an S corporation is Illinois Income Tax return to claim a credit for any pass-through • unitary with a combined group and uses the same taxable withholding reported to them. year as the combined group, it should use the Schedule UB, Beginning with tax years ending on or after Combined Apportionment for Unitary Business Group, prepared December 31, 2023, investment partnerships are required to withhold by the combined group in completing its Form IL-1120-ST; an amount for their nonresident partners. Investment partnerships • unitary with a combined group, but it uses a different taxable will use the pass-through withholding line of Schedule K-1-P (Step year, it must complete a Schedule UB using its own taxable 7, Line 55) to report investment partnership withholding credit. year; or, Partners in an investment partnership must determine how they are • not unitary with a group filing a combined return, it must treating the income passed to them from the investment partnership complete its own Schedule UB using its own taxable year. to determine if they are eligible to use the investment partnership withholding credit. Eligible partners will treat the investment Unitary members that are S corporations can use the line reference partnership withholding credit the same as the pass-through chart in the Schedule UB instructions to help complete Form withholding credit. See Schedule K-1-P(2) for more information. IL-1120-ST. Steps 2 and 3 of each separately filed Form IL-1120-ST must be completed showing only the S corporation’s separate-company items. The amounts on each member’s Form IL-1120-ST, Lines 14 through 21 (less Line 20) and Lines 23 through 33 (less Line 24), shall be the combined totals shown on Schedule UB, Step 3, Column E. IL-1120-ST Instructions (R-12/23) Page 5 of 27 |
Enlarge image | The modifications for Form IL-1120-ST Lines 20 and 24 are What if I need additional assistance or forms? not included as modifications on the Schedule UB. The amount on • For assistance, forms, or schedules, visit our website at Form IL-1120-ST, Lines 20 or 24 must be computed on the Illinois tax.illinois.gov or scan the QR code provided. Schedule B, Line E Worksheet, found in these instructions. Carry the combined total amounts from Schedule UB, Step 3, Column E for each line item of the Line E Worksheet. Use the Line 20 and Line 24 amounts to compute the S corporation’s base income on Form IL-1120-ST, Step 5, Line 35. Check the box on Form IL-1120-ST, Step 5, Line 35 B and complete Form IL-1120-ST, Step 6 by subtracting • on Line 36, the combined nonbusiness income of the entire unitary business group, minus the portion allocable to • Write us at: shareholders subject to replacement tax, and ILLINOIS DEPARTMENT OF REVENUE PO BOX 19001 • on Line 37, the amount received by the entire unitary business SPRINGFIELD IL 62794-9001 group from non-unitary partnerships, partnerships included on the Schedule UB, S corporations, trusts, and estates, minus the • Call 1 800 732-8866 or 217 782-3336 (TTY at 1 800 544-5304). portion allocable to shareholders subject to replacement tax. • Visit a taxpayer assistance office - 8:00 a.m. to 5:00 p.m. On Form IL-1120-ST, Step 6, Line 40, include the everywhere sales (Springfield office) and 8:30 a.m. to 5:00 p.m. (all other offices), amount from Schedule UB, Step 4, Column D, Line 2. On Line 41 Monday through Friday. of Step 6 of Form IL-1120-ST, include only the S corporation’s Where should I file? Illinois sales. On Form IL-1120-ST, Step 6, Lines 44 and 45, If a payment is enclosed with your return, mail your Form IL-1120-ST include only the nonbusiness income of the S corporation, and to: the business income or loss apportionable to Illinois received by the S corporation from trusts, estates, non-unitary partnerships, ILLINOIS DEPARTMENT OF REVENUE PO BOX 19053 partnerships included on the Schedule UB, and S corporations SPRINGFIELD IL 62794-9053 minus the portion of those amounts allocable to shareholders subject to replacement tax. If a payment is not enclosed, mail your Form IL-1120-ST to: ILLINOIS DEPARTMENT OF REVENUE Schedules used to compute any amounts shown must be attached PO BOX 19032 to Form IL-1120-ST. SPRINGFIELD IL 62794-9032 If you need more information, visit our website at tax.illinois.gov and view the Illinois Income Tax Regulations referenced in these and the Schedule UB instructions. What if I participated in a reportable transaction? If you participated in a reportable transaction, including a “listed transaction,” during this tax year and were required to disclose that transaction to the IRS, you are also required to disclose that information to Illinois. You must send us two copies of the form you used to disclose the transaction to the IRS. • Mail the first copy of the federal disclosure statement to: ILLINOIS DEPARTMENT OF REVENUE PO BOX 19029 SPRINGFIELD IL 62794-9029 • Attach the second copy to your Illinois Income Tax return for the tax year that the IRS disclosure was required. Mail the second copy and your Illinois Income Tax return to the address shown on your return. Do not mail the second copy and your Illinois Income Tax return to the address listed above. IL-1120-ST Instructions (R-12/23) Page 6 of 27 |
Enlarge image | Specific Instructions Specific instructions for most of the lines are included. If a specific P — Enter your North American Industry Classification System line is not referenced, follow the instructions on the form. (NAICS) Code. If you are unsure of your code, you can research the information at www.census.gov/naics or www.irs.gov. Step 1 — Identify your small business Q — Enter your Illinois corporate file (charter) number assigned to corporation you by the Illinois Secretary of State. A — All taxpayers: Type or print your legal business name. If you R — If you keep your accounting records in a location different from have a name change from last year, check the corresponding box. the address indicated on Line B, enter the city, the two-letter state B — Type or print your mailing address. abbreviation, and the ZIP Code for the location the records are kept. Any related correspondence issued by IDOR will be mailed S — If you are making the election to treat all of your income other to the address entered on Step 1, Line B. than compensation as business income for this tax year, you must C — If this is your first or final return, check the appropriate box and check the box on this line and enter zero on Step 6, Lines 36 and the box on Line 68 if you have a credit carry forward on your final 44. This election must be made by the extended due date of this return. return. Once made, the election is irrevocable. D — If you checked final return on Line C, answer the questions on T — If you are required to disclose reportable transactions and Line D, if applicable. you have completed federal Form 8886 or federal Schedule M-3, Part II, Line 10, check the appropriate box and attach a copy of the E — Apportionment Formulas - If you earn income both inside federal form or schedule to this return. See “What if I participated in a and outside of Illinois, check the appropriate box(es). If you are a reportable transaction?” for more information. unitary business group, check as many boxes as applicable. If more than one box is checked, you must complete a Subgroup Schedule U — Check the box if you must adjust your loss or loss carryover for each checked box that is not a sales company. If you earn income due to Discharge of Indebtedness. For more information, see the only inside Illinois, leave this line blank. For more information, see instructions for Line 48 and the Loss Reduction Worksheet on the specific instructions for “Apportionment Formulas.” Page 10 of these instructions and Schedule NLD instructions. F — If you are claiming a special depreciation addition or subtraction V — Check this box only if you have sales into Illinois and you modifications on Form IL-1120-ST, check the box and attach are not required to allocate them because you are protected Form IL-4562, Special Depreciation, to your tax return. by Public Law 86-272. Complete Steps 1 through 7 of your Form IL-1120-ST. G — If you are claiming other addition or subtraction modifications on Form IL-1120-ST, check the box and attach Schedule M, Other You must complete an IDOR-issued or previously Additions and Subtractions (for businesses), to your tax return. approved Form IL-1120-ST and corresponding schedules. Do not send a computer printout or spreadsheets with line numbers and H — If you are claiming related-party expenses modifications on dollar amounts attached to a blank copy of the return. your Form IL-1120-ST, check the box and attach Schedule 80/20, Related-Party Expenses, to your tax return. Step 2 — Figure your ordinary income or loss I — Check the box if you are claiming deductions or credits listed on If you are a member of a unitary group, enter the figures Illinois Schedule 1299-A, Tax Subtractions and Credits. You must on each line of Step 2 that reflect your separate company income. check the box and attach Illinois Schedule 1299-A and any other See “What if I am a member of a unitary group?” in the General required support listed on Schedule 1299-A to your tax return to Instructions. support any deductions or credits you are claiming or passing to your shareholders. Lines 1 through 5 — Enter the amount for each line item from the corresponding line(s) on your U.S. Form 1120S, J — If you are a unitary business group and completed Schedule K. Attach a copy of your federal return. See the chart below Subgroup Schedule, check this box and attach Subgroup Schedule. to determine the correct corresponding lines. See Subgroup Schedule and Schedule UB Instructions for more information. U.S. Form 1120S, Form IL-1120-ST K — Check this box if you are a 52/53-week filer. A 52/53-week Schedule K filer is a fiscal filer with a tax year that varies from 52 to 53 weeks Line 1 Line 1 because their tax year ends on the same day of the week instead of Line 2 Line 2 the last day of the month. Line 3 Line 3c L — Check this box if you elect to pay PTE tax in an amount equal to 4.95 percent (.0495) of the taxpayer’s calculated net income for the Line 4 Lines 4, 5a, 6, 7, 8a taxable year on Line 61. Line 5 Line 9 M — Check this box if you are paying Pass-through Entity Under federal law, Paycheck Protection Program (PPP) (PTE) Tax and you annualized your income on Form IL-2220, loan forgiveness is not considered taxable income and the business Computation of Penalties for Businesses. Attach Form IL-2220. expenses covered by the PPP loan proceeds are deductible N — Enter your entire federal employer identification number (FEIN). business expenses. Currently, Illinois tax law has no addition A partial FEIN will delay the processing of your return. modification to change this; therefore, the same treatment flows O — If you are a member of a group filing as a unitary business, through to the Illinois return and is included as part of federal taxable check the box and enter the FEIN of the member who prepared income. Illinois Schedule UB, Combined Apportionment for Unitary Business Line 6 — Include any items of income or loss from Group. Attach Schedule UB to this return. U.S. Form 1120S, Schedule K, that are not included on any other line of Step 2 or Step 3 of this Form IL-1120-ST. IL-1120-ST Instructions (R-12/23) Page 7 of 27 |
Enlarge image | Step 3 — Figure your unmodified base income Line 17 — Enter the addition amount calculated on Form IL-4562, Step 2, Line 4. For more information, see or loss Form IL-4562, Special Depreciation, and Instructions. Attach If you are a member of a unitary group, enter the figures Form IL-4562 to your Form IL-1120-ST. on each line of Step 3 that reflects your separate company income. See “What if I am a member of a unitary group?” in the General Line 18 — Enter the interest or intangible expenses paid to an Instructions. 80/20 company, to the extent these expenses exceed any taxable dividends you received from the affiliated company. To compute the Lines 8 through 10 — Enter the amount for each line item from amount of this addition, complete Step 2 of Illinois Schedule 80/20 the corresponding line on your U.S. Form 1120S, Schedule K. See and enter on Line 18 the total from Illinois Schedule 80/20, the chart on this page to determine the correct corresponding lines. Related-Party Expenses, Step 2, Line 9. Attach Illinois U.S. Form 1120S, Schedule 80/20 to your Form IL-1120-ST. Form IL-1120-ST Some interest and intangible expenses may be exempt from this Schedule K Line 8 Line 12a add-back provision. See Illinois Schedule 80/20 Instructions for more information including definitions of “affiliated company,” “intangible Line 9 Line 11 expenses,” and “intangible assets.” Line 10 Line 12b Line 19 — If you are a partner in a partnership, a shareholder in Line 11 — Include any items of expense an S corporation, or a beneficiary of a trust or an estate, include • you are required to state separately to your shareholders, rather your distributive share of additions received from the partnership, than include in ordinary income, and S corporation, trust or estate on Schedules K-1-P or K-1-T. If you receive multiple schedules because you are a recipient from • that would be taken into account by an individual in computing his multiple entities, you should enter the combined total of Step 5, or her taxable income, and Column A, Lines 32 through 37, from all Illinois Schedules K-1-P • that are not included on any other line of Step 2 or Step 3 of this you receive and Step 5, Column A, Lines 30 through 35, from Form IL-1120-ST. all Illinois Schedules K-1-T you receive. Attach a copy of all Do not include any of the following items on this line: Illinois Schedules K-1-P and K-1-T you received to your • net operating loss carryovers; Form IL-1120-ST. • any qualified business income deduction allowed under IRC The partnership or S corporation is required to send you an Section 199A; or Illinois Schedule K-1-P and the trust or the estate is required to send you an Illinois Schedule K-1-T, specifically identifying your share of • any depletion amounts allowed federally on your oil and gas income. properties; and Include only additions reported to you on the • any excess business interest expense under IRC Section 163(j). Schedule(s) K-1-P or K-1-T you received from a pass-through entity Line 13 — This is your total unmodified base income or loss. in which you are an investing partner or shareholder or a beneficiary. If you are a member of a unitary group this amount Do not attach copies of Schedules K-1-P you issued to your should reflect your separate company income as shown on the partners or shareholders. You should keep copies of these schedules corresponding column of Schedule UB, Step 2, Column A, B, or C, in your records. Line 30. Line 20 — Complete Illinois Schedule B. Illinois Schedule B, Section A, Line 3 represents the share of distributable income or Step 4 — Figure your income or loss loss that is to be added to or subtracted from base income. If the If you are a member of a unitary group, see “What if I am total amount on Illinois Schedule B, Section A, Line 3 is a negative a member of a unitary group?” in the General Instructions, and the amount (loss), it should be entered on Line 20 as a positive amount. instructions for Line 14, below. See the Illinois Schedule B Instructions following these Specific Line 14 — Follow the instructions on the form. Instructions for more information. Attach Illinois Schedule B to If you are a member of a unitary group do not enter your Form IL-1120-ST. the amount from Form IL-1120-ST, Step 3, Line 13. Enter your Line 21 — Enter the addition amount calculated on Illinois combined company income as shown on Schedule UB, Step 2, Schedule M, Other Additions and Subtractions (for businesses), Column E, Line 30. Step 2, Line 11. Attach a copy of Illinois Schedule M to your Do not enter negative amounts on Lines 15 through 21. Form IL-1120-ST. The following are examples of items that must be added to taxable income and are included on Illinois Schedule M. Line 15 — Enter the total of all amounts excluded from unmodified • Notes, bonds, debentures, or obligations issued by the base income that were received or accrued as federally tax-exempt Governments of Guam, American Samoa, Puerto Rico, the interest (e.g. state, municipal and other interest) and all distributions Northern Mariana Islands, or the Virgin Islands. of exempt interest received from regulated investment companies during the tax year. • Deductions you claimed this year and in your two most recent tax years for expenses connected with income from an asset or Line 16 — You must add back any amount of Illinois Replacement activity which were reported as business income in prior years taxes and surcharge that you deducted on your U.S. Form 1120S to and as nonbusiness income on this return. See Illinois Schedule arrive at your ordinary business income. You are not required to add NB, Nonbusiness Income, Line 11, and Illinois Schedule NB back taxes from other states taken as a federal deduction. Instructions for more information. An S corporation that elects to pay PTE tax must add back the amount of that tax deducted federally, in addition to the add back for Step 5 — Figure your base income or loss replacement tax deducted. Do not enter negative amounts on Lines 23 through 34. A double deduction is prohibited by IITA, Section 203(g). You cannot deduct the same item more than once. IL-1120-ST Instructions (R-12/23) Page 8 of 27 |
Enlarge image | Line 23 — Enter the total interest received or accrued from Include only subtractions reported to you on the federal Treasury bonds, notes, bills, federal agency obligations, Schedule(s) K-1-P or K-1-T you received from a pass-through entity and savings bonds included in ordinary business income. You may in which you are an investing partner or shareholder or a beneficiary. not subtract anything that is not identified in Illinois Publication 101, Do not attach copies of Schedules K-1-P you issued to your Income Exempt from Tax. This amount is net of any bond premium partners or shareholders. You should keep copies of these schedules amortization deducted federally. in your records. Line 24 — Complete Illinois Schedule B. Illinois Schedule B, Line 33 — Enter the subtraction amount calculated on Illinois Section A, Line 3 represents the share of distributable income or Schedule M, Step 3, Line 40. Attach a copy of Illinois Schedule M loss that is to be added to or subtracted from base income. If the to your Form IL-1120-ST. total amount on Illinois Schedule B, Section A, Line 3 is a positive You may not subtract anything that is not identified below, amount, enter that amount on Line 24. If the total amount on Illinois on Schedule M (for businesses), or in Illinois Publication 101. Schedule B, Section A, Line 3 is negative, leave Line 24 blank and Subtractions allowed on Illinois Schedule M include: see the instructions for Line 20. For more information, see the Illinois Schedule B Instructions following these Specific Instructions. Attach • notes, bonds, debentures, or obligations issued by the Illinois Schedule B to your Form IL-1120-ST. Governments of Guam, American Samoa, Puerto Rico, the Northern Mariana Islands, or the Virgin Islands, to the extent that Lines 25 through 29 —You must attach Illinois you were required to add these amounts to your federal ordinary Schedule 1299-A and any other required support listed on income. Schedule 1299-A to your Form IL-1120-ST if you have an amount on any of the following lines. • the refund of Illinois replacement tax for a prior year, to the extent included in your federal ordinary income. Line 25 — Enter the River Edge Redevelopment Zone Dividend subtraction from Illinois Schedule 1299-A, Step 1, Line 3. • any other income included on Step 4, Line 22, exempt from taxation by Illinois by reason of its Constitution or statutes or Line 26 — For financial organizations only — Enter the by the Constitution, treaties, or statutes of the United States. River Edge Redevelopment Zone Interest subtraction from Illinois This amount is net of any bond premium amortization deducted Schedule 1299-A, Step 1, Line 12. federally. For more information, see Illinois Publication 101. Line 27 — Enter the High Impact Business Dividend subtraction • the amount equal to the deduction used to compute the federal from Illinois Schedule 1299-A, Step 1, Line 6. tax credit for restoration of amounts held under claim of right Line 28 — For financial organizations only — Enter the High under IRC Section 1341. Impact Business within a Foreign Trade Zone (or sub-zone) Interest • the deductions for “foreign dividend gross-up (IRC Section 78),” subtraction from Illinois Schedule 1299-A, Step 1, Line 15. “subpart F income,” or foreign dividends which are allowed as Line 29 — Enter the amount of any Contribution subtraction from a subtraction modification under IITA, Sections 203(b)(2)(G) Illinois Schedule 1299-A, Step 1, Line 9. and 203(b)(2)(O). You must provide supporting attachments Line 30 — Enter the subtraction allowance from Form IL-4562, clearly identifying each item taken as a subtraction. Step 3, Line 19. Attach Form IL-4562 to your Form IL-1120-ST. • contributions you made under the Tax Increment Allocation Line 31 — Enter the amount from Illinois Schedule 80/20, Step 4, Redevelopment Act to a job training project. For more information, Line 23. Attach Illinois Schedule 80/20 to your Form IL-1120-ST. see FY Bulletin 1990-40. You should use Illinois Schedule 80/20 if Line 35 — This is your base income or loss. • you added back interest paid to an affiliated company on Step 4, Follow the instructions on the form and check a box on Line A or B. Line 18. You may subtract any interest received from that You must check one of these boxes and follow the instructions for company during this tax year, up to the amount of your addition that line. for interest expense paid to that company. Also, if you added back Check the box on Line A if intangible expenses from a transaction with an affiliated company • all of your base income or loss is derived inside Illinois; and on Line 18, you may subtract any income you received during the tax year from similar transactions with the affiliated company, • you do not have any income or loss to report on Lines 36, 37, 44, up to the amount of your addition for intangible expense for that or 45. company. To compute the amount of this subtraction, complete If you check the box on Line A, do not complete Step 6. All of Illinois Schedule 80/20. your base income or loss is allocable to Illinois. Skip Step 6, enter • you are an affiliated company, and you received interest the amount from Step 5, Line 35 on Step 7, Line 47, and complete or intangible income from someone who had to add back the the remainder of the return. interest and intangible expense on their Illinois Schedule 80/20. Check the box on Line B if any of the following apply: You may subtract your interest or intangible income from that • your base income or loss is derived inside and outside Illinois; person. • all of your base income or loss is derived outside Illinois; or Line 32 — Enter your distributive share of subtractions passed • you have income or loss to report on Lines 36, 37, 44, or 45. through to you by a partnership, S corporation, trust, or estate on Schedule(s) K-1-P, Partner’s or Shareholder’s Share of Income, If you check the box on Line B, you must complete all lines of Deductions, Credits, and Recapture, or K-1-T, Beneficiary’s Share Step 6. Submitting Form IL-1120-ST with an incomplete Step 6, of Income and Deductions. Do not include any amounts passed including Lines 40, 41, and 42 may result in a delay in processing through that are reflected on Illinois Schedule 1299-A. Attach a copy your return, further correspondence, and you may be required to of all Illinois Schedules K-1-P and K-1-T you received to your submit further information to support your filing. See the Specific Form IL-1120-ST. Instructions for Step 6 for more information. The partnership or S corporation is required to send you an Illinois Schedule K-1-P and the trust or the estate is required to send you an Illinois Schedule K-1-T, specifically identifying your share of subtractions. IL-1120-ST Instructions (R-12/23) Page 9 of 27 |
Enlarge image | Step 6 — Figure your income allocable to If you are a partner engaged in a unitary business with your partnership, you must include your distributable share of Illinois the partnership’s business income in your business income. Do not You must check the box on Line B and complete all lines of Step subtract this business income on Line 37. 6 if any portion of Line 35, base income or loss, is derived outside Lines 40 through 42 — Illinois, or you have any income or loss to report on Lines 36, 37, 44, or 45. You must complete Lines 40 through 42 if any of the following apply: If you do not complete all of Step 6, Lines 36 through 46, we may • your business income or loss is derived inside and outside Illinois; issue a notice and demand proposing 100 percent of income as • all of your business income or loss is derived outside Illinois; or being allocable to Illinois, or in the case of a loss return, a notice • you have income or loss to report on Lines 36, 37, 44, or 45. indicating none of your loss as being allocated to Illinois. Follow specific instructions below for Lines 40 through 42. In order to properly allocate your base income or loss you need to If you are a financial organization, transportation determine what portion of the total base income is business income company, sales company, or federally regulated exchange, check or loss that is to be apportioned among all the states in which you do the appropriate box in Step 1, Line E (financial organization, business, and what portion is nonbusiness income or loss that is to transportation company, sales company, or federally regulated be allocated to a particular state. exchange) and see “Apportionment Formulas” in these instructions. Unitary filers - You must complete both Step 4 of the If you are a partner engaged in a unitary business Schedule UB and Step 6 of the Form IL-1120-ST. with your partnership, you must include your distributive share of the “everywhere” and “Illinois” sales factors from the partnership in your Line by Line Instructions “everywhere” and “Illinois” sales factors. For more information, see You must complete all lines of Step 6. 86 Ill. Adm. Code Section 100.3380(d). Line 36 — Enter the amount of all nonbusiness income or loss Line 40 — Enter your total sales everywhere. included in base income, net of any related deductions and any amount distributable to shareholders subject to replacement tax, Line 41 — Enter your total sales inside Illinois. If you have no sales from Illinois Schedule NB, Column A. Include any nonbusiness in Illinois, enter zero. income you received from Illinois Schedules K-1-P or K-1-T Lines 40 and 41 cannot be less than zero. The amount on in the amounts reported on Schedule NB. Attach Illinois Line 41 cannot exceed the amount on Line 40. Schedule NB and all Illinois Schedules K-1-P or K-1-T you Line 42 — Divide Line 41 by Line 40 and enter the result, received to your Form IL-1120-ST. If you do not have an amount to rounded to six decimal places. The result cannot be greater than one report on this line, enter zero. or less than zero. If you are making the election to treat all income other than If you checked the box on Line 35B and do not complete compensation as business income for this tax year, you must check Lines 40, 41, and 42 we may issue a notice and demand proposing the box in Step 1, Line S, and enter zero here and on Line 44. This 100 percent of your income as being allocated to Illinois, or in the election must be made by the extended due date of this return. case of a loss return, a notice indicating none of your loss as being Once made, the election is irrevocable. allocated to Illinois. Line 37 — Enter the amount of all business income or loss Line 44 — Enter the amount of nonbusiness income or loss included in base income received from any non-unitary partnership, allocable to Illinois from Illinois Schedule NB, Column B. Include partnership included on a Schedule UB, S corporation, trust, or any nonbusiness income you received from Illinois Schedules K-1-P estate of which you are a partner or a beneficiary, net of any amount or K-1-T in the amounts reported on Schedule NB. This amount is distributable to shareholders subject to replacement tax. See Illinois net of the portion of your Illinois nonbusiness income distributable Schedule K-1-P(2), Partner’s and Shareholder’s Instructions, or to shareholders subject to replacement tax. Attach a copy of Schedule K-1-T(2), Beneficiary’s Instructions for more information. Schedule NB and all Illinois Schedules K-1-P and K-1-T you Attach a copy of all Illinois Schedules K-1-P and K-1-T you received to your Form IL-1120-ST. If you do not have an amount to received to your Form IL-1120-ST. If you do not have an amount to report on this line, enter zero. report on this line, enter zero. If you checked the box in Step 1, Line S, making the election The partnership or S corporation is required to send you to treat all of your income other than compensation as business an Illinois Schedule K-1-P and Schedules K-1-P(2) and the trust or income, then enter zero on Line 44. the estate is required to send you an Illinois Schedule K-1-T and K-1-T(2) specifically identifying your share of income. Loss Reduction Worksheet 1 Enter the amount of the reduction to your federal net operating losses from 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-1120-ST, Line 48. 3 _________________ Line 2 — Your income allocation ratio is calculated by dividing the amount of debt cancellation income excluded from your gross income that would have been allocated or apportioned to Illinois under the IITA if it was not excluded by the total amount of debt cancellation in- come excluded from your gross income. If all of your debt cancellation income would have been business income, use the apportionment factor you calculated on the return for the tax year of the debt cancellation. IL-1120-ST Instructions (R-12/23) Page 10 of 27 |
Enlarge image | Line 45 — Enter the amount of the income or loss reported on If any of the loss being claimed on Line 50, originated from a Step 6, Line 37 that is apportionable to Illinois as reported by the company other than the one filing this return, check the box on non-unitary partnership, partnership included on a Schedule UB, Line 50 and attach a detailed statement to your return with trust, or estate on Illinois Schedules K-1-P or K-1-T, net of the portion • the FEIN of the company from which you acquired the loss, distributable to shareholders subject to replacement tax. See Illinois • the reason (e.g., merger) you are allowed to use that company’s Schedules K-1-P(2) or K-1-T(2) for more information. Attach a copy losses, and of all Illinois Schedules K-1-P and K-1-T you received to your Form IL-1120-ST. If you do not have an amount to report on this line, • the date you acquired the loss. enter zero. For more information, see the Schedule NLD instructions. Step 7 — Figure your net income Step 8 — Figure the taxes, surcharges, pass- Line 47 — Follow the instructions on the form. If this amount is a loss, you may be allowed to carry it forward to other years as an through withholding, and penalty you owe Illinois net loss deduction (NLD). Line 52 — Follow the instructions on the form. Line 48 — If the amount on Line 47 is a loss, and you Line 53 — Enter your recapture of investment credits from Illinois were required to reduce the net operating loss reported on Schedule 4255, Recapture of Investment Tax Credits, Step 5, your U.S. Form 1120S because you excluded any discharge of Column D, Line 20. indebtedness income from this tax year’s gross income, then you If you claimed an Illinois investment tax credit in a prior year on may be required to reduce the net loss reported on Line 47. Use Form IL-477, Replacement Tax Investment Credits, and any of the Loss Reduction Worksheet on Page 10 to figure your loss the property was disqualified within 48 months of being placed in reduction. Attach a copy of your federal Form 982, Reduction service, you must use Illinois Schedule 4255 to compute the amount of Tax Attributes Due to Discharge of Indebtedness, and a of recapture. Credit must be recaptured in the year the property detailed statement, including the amounts and tax year, of the became disqualified. debt and reason for reduction to your Form IL-1120-ST. For more Line 55 — Enter the amount from Form IL-477, Step 1, Line 13. information, see 86 Ill. Adm. Code Section 100.2310(c). Attach Form IL-477 and any other required support listed on Line 49 — If you have a discharge of indebtedness adjustment Form IL-477 to your Form IL-1120-ST. on Line 48, add lines 47 (a negative number) and 48 (a positive You may claim a replacement tax investment credit of .5 percent number), and enter the result here. This amount cannot be greater (.005) of the basis of qualified property placed in service in Illinois than zero. If you do not have a discharge of indebtedness during the tax year. adjustment, enter zero on Line 48 and the amount from Line 47 on Line 49. An additional credit of up to .5 percent (.005) of the basis of qualified property is available if your Illinois base employment increased by Line 50 — Enter your Illinois net loss deduction carryforward 1 percent (.01) or more over the preceding year or if your business as determined on Illinois Schedule NLD, Step 1, Line 7, total box. is new to Illinois. Excess credit may be carried forward for five Attach Illinois Schedule NLD to your Form IL-1120-ST. years following the excess credit year. For more information, see If you are a cooperative and you separate your patronage and Form IL-477 Instructions. nonpatronage income or loss, complete Schedule INL, Illinois Net Line 57 — Compassionate Use of Medical Cannabis Program Act Loss Adjustments for Cooperatives and REMIC Owners, and follow surcharge. the instructions for computation of your Illinois net loss deduction. Surcharge Worksheet for IL-1120-ST Instructions: Complete the appropriate column for the surcharge(s) A B you are claiming. Compassionate Use Sale of assets of Medical Cannabis by gaming Program Act licensee 1 Enter your federal income tax liability for the taxable year. 1 ______________ 1 ______________ 2 Enter your federal income tax liability for the taxable year computed as if “transactions subject to the surcharge” made in that year had not been made by the organization registrant in Column A or a gaming licensee in Column B. 2 ______________ 2 ______________ 3 Subtract Line 2 from Line 1. Enter the result here. Enter the Column A total on Form IL-1120-ST, Step 8, Line 57 and the Column B total on Form IL-1120-ST, Step 8, Line 58. 3 ______________ 3 ______________ Line 1 — Members of consolidated groups must enter the consolidated federal income tax liability of the affiliated group for the taxable year. Line 2 — Members of consolidated groups must enter the federal income tax liability of the affiliated group for the taxable year computed as if the transactions subject to surcharge for which taxable income or gain was recognized in that taxable year had not been made. IL-1120-ST Instructions (R-12/23) Page 11 of 27 |
Enlarge image | Definitions The amount of the surcharge is equal to the amount of taxable gains Organization registrantmeans a corporation, partnership, trust, tax liability for the taxable year attributable to the transactions subject limited liability company (LLC), or other organization, that holds to the surcharge. either a medical cannabis cultivation center registration issued by the To whom does the surcharge apply? Illinois Department of Agriculture or a medical cannabis dispensary The surcharge is imposed on any taxpayer who incurs a federal registration issued by the Illinois Department of Financial and income tax liability on the income realized on a “transaction subject Professional Regulation. to the surcharge,” including individuals and other taxpayers who Transactions subject to the surchargemeans sales and are not themselves the “gaming licensee” that engaged in the exchanges of transaction. • capital assets; The surcharge imposed shall not apply if • depreciable business property; • the organization gaming license, organization license, or • real property used in the trade or business; and racetrack property is transferred as a result of any of the following: • Section 197 intangibles of an organization registrant. • bankruptcy, a receivership, or a debt adjustment initiated by or against the initial licensee or the substantial owners of What is the surcharge? the initial licensee; For each taxable year beginning or ending during the Compassionate • cancellation, revocation, or termination of any such license Use of Medical Cannabis Program, a surcharge is imposed on all by the Illinois Gaming Board or the Illinois Racing Board; taxpayers on income arising from the transactions subject to the • a determination by the Illinois Gaming Board that transfer of surcharge of an organization registrant under the Compassionate the license is in the best interests of Illinois gaming; Use of Medical Cannabis Program Act. • the death of an owner of the equity interest in a licensee; The amount of the surcharge is equal to the amount of federal income tax liability for the taxable year attributable to the transactions • acquisition of a controlling interest in the stock or subject to the surcharge. For an S corporation, this would be a tax on substantially all of the assets of a publicly traded company; built-in gain realized on the transaction. • a transfer by a parent company to a wholly owned To whom does the surcharge apply? subsidiary; The surcharge is imposed on any taxpayer who incurs a federal • the transfer or sale to or by one person to another person income tax liability on the income realized on a “transaction subject where both persons were initial owners of the license when to the surcharge,” including individuals and other taxpayers who the license was issued; or are not themselves the “organization registrant” that engaged in the • the controlling interest in the organization gaming license, transaction. organization license, or racetrack property is transferred in a A line has been included on Schedules K-1-P and K-1-T to identify transaction to lineal descendants in which no gain or loss is the amount of taxable gains attributable to transactions subject to the recognized or as a result of a transaction in accordance with surcharge that was passed through to you on federal Schedule K-1. Section 351 of the Internal Revenue Code in which no gain or loss is recognized; or Although a unitary business group filing combined Illinois returns is treated as a single taxpayer and its members are jointly • live horse racing was not conducted in 2010 at a racetrack and severally liable for any surcharge imposed on the group, the located within 3 miles of the Mississippi River under a license group itself is not an organization registrant and transactions of any issued pursuant to the Illinois Horse Racing Act of 1975. member that is not itself an organization registrant are not subject to The transfer of an organization gaming license, organization license, the surcharge. or racetrack property by a person other than the initial licensee to How do I figure the surcharge? receive the organization gaming license is not subject to a surcharge. If the surcharge applies to you, complete the Surcharge Worksheet A line has been included on Schedule K-1-P and Schedule on Page 11. K-1-T, to identify the amount of federal income attributable to transactions subject to the surcharge that was passed through to you For more information, see 86 Ill. Adm. Code Section 100.2060. on federal Schedule K-1. Line 58 — Sale of assets by gaming licensee surcharge Although a unitary business group filing combined Illinois Definitions returns is treated as a single taxpayer and its members are jointly Gaming licensee is an organization licensee under the Illinois Horse and severally liable for any surcharge imposed on the group, the Racing Act of 1975 and/or an organization gaming licensee under group itself is not a gaming licensee and transactions of any member the Illinois Gambling Act. that is not itself a gaming licensee are not subject to the surcharge. Transactions subject to the surcharge means sales and How do I figure the surcharge? exchanges of If the surcharge applies to you, complete the Surcharge Worksheet • capital assets; on Page 11. • depreciable business property; Line 59 — Complete all sections of Illinois Schedule B and • real property used in the trade or business; and enter the amount from Illinois Schedule B, Section A, Line 5 on this line. This is the amount of pass-through withholding you owe • Section 197 intangibles of a gaming licensee. on behalf of your members. Attach Illinois Schedule B to your What is the surcharge? Form IL-1120-ST. See “Definitions to help you complete your For each taxable year 2019 through 2027, a surcharge is imposed on Form IL-1120-ST” in these instructions for more information. all taxpayers on income arising from the transactions subject to the Do not include any amount from Schedule B, Section B, surcharge of a gaming licensee. Line K, PTE tax credit paid to members, or Line L, PTE tax credit received and distributed to members. IL-1120-ST Instructions (R-12/23) Page 12 of 27 |
Enlarge image | PTE Income Worksheet 1 Base Income from Line 35. 1 00 2 Amount from Line 24. 2 00 3 PTE base income. Add Lines 1 and 2. 3 00 4 Nonbusiness income or loss. 4 00 5 Business income or loss included in Line 3 from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates. 5 00 6 Add Lines 4 and 5. 6 00 7 Business income or loss. Subtract Line 6 from Line 3. 7 00 8 Total sales everywhere. This amount cannot be negative. 8 00 9 Total sales inside Illinois. This amount cannot be negative. 9 00 10 Divide Line 9 by Line 8. Round to six decimal places. 10 11 Business income or loss apportionable to Illinois. Multiply Line 7 by Line 10. 11 00 12 Nonbusiness income or loss allocable to Illinois. 12 00 13 Business income or loss apportionable to Illinois from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates. 13 00 14 PTE Income. Add Lines 11 through 13. Enter this amount on Line 60. 14 00 PTE Worksheet Instructions Lines 1 through 3 — Follow the instructions on the worksheet. Lines 4 and 12 — Complete a pro forma Illinois Schedule NB allocating nonbusiness income amounts to Illinois including the portion of nonbusiness income or loss distributable to shareholders subject to replacement tax reported from Form IL-1120-ST, Lines 20 and 24. Line 5 through 11 — Follow the instructions for Form IL-1120-ST, Lines 37 through 43. Line 13 — Follow the instructions for Form IL-1120-ST, Line 45, but do not include income from a partnership or S corporation that made the PTE election. Do not include on Line 59 any pass-through withholding Line 65a — Enter the sum of any overpayment from your prior reported to you on Schedule(s) K-1-P or K-1-T. Pass-through year tax returns that you requested to be applied to this year’s tax withholding amounts reported to you are included on Step 9, return. Take into account any correspondence we may have sent Line 65c. you that changed the amount of your credit carryforward from the previous year. Line 60 — Complete this line if you elect to pay PTE tax on your calculated base income. Follow the instructions on the PTE Income Line 65b — Enter the sum of any Worksheet on Page 13 to determine the amount to enter on this • estimated payments or tax prepayments made before the date line. The total amount of PTE credit allocated to shareholders this return was filed. cannot exceed the PTE liability reported and actually paid by the • extension payments or other voluntary prepayments made S corporation. before the original due date of the return. Line 61 — Follow the instructions on the form. Do not include any • payment made before the date this return is filed. PTE tax credit you received on Schedule(s) K-1-P or K-1-T on Line 65c — Enter the amount you wish to claim of Illinois this line. pass-through withholding (including any eligible investment If you complete Line 61, then Line 59 should be blank. partnership withholding) reported to you by partnerships, S corporations, or trusts on Schedule(s) K-1-P or K-1-T. If you have Line 63 — If you elected to pay PTE tax and your total tax liability is received more than one Schedule K-1-P or K-1-T, add the amounts $500 or more, enter the amount of any self-assessed underpayment you wish to claim from all the schedules and enter the total here. of estimated tax penalty you figured on Form IL-2220, Penalty Attach copies of the Schedules K-1-P and K-1-T you received Worksheet 1, Line 22. from the pass-through entities to your Form IL-1120-ST. If you annualized your income in Step 6 of Form IL-2220, be sure Schedules K-1-P and K-1-T, Step 1, Line 3, must be completed to check the box in Step 1, Line M of this Form IL-1120-ST. Attach a or the pass-through withholding reported on this line may not be completed Form IL-2220 to your Form IL-1120-ST. credited to your return. If you do not need to annualize your income and do not wish to complete Form IL-2220, we encourage you to let us figure Partners in an investment partnership may not be eligible to your penalties and interest and send you a bill instead of determining claim a Schedule K-1-P, Step 7, Line 55 amount reported to them by these amounts yourself. We will compute any penalty or interest due the investment partnership. See Schedule K-1-P(2) for information and notify you. about when a partner may claim investment partnership withholding credit. Step 9 — Figure your refund or balance due See “Definitions to help you complete your Form IL-1120-ST” in Do not include any PTE tax or PTE tax credit on these instructions for more information. Lines 65a through 65d. PTE tax is reported on Line 61 and PTE Tax credit is reported for each member on Schedule B, Section B, Line L. Do not include any pass-through withholding you owe on behalf of your members on this line. Pass-through withholding you owe on behalf of your members are included on Step 8, Line 59. IL-1120-ST Instructions (R-12/23) Page 13 of 27 |
Enlarge image | Line 65d — Enter the amount of any Illinois gambling and Example 1: You file your 2023 calendar-year return on or sports wagering winnings withholding shown on Forms W-2G. before the extended due date of your return requesting $500 Attach federal Forms W-2G. be applied as a credit. All of your payments are made before Line 68 — Enter the amount of overpayment you elect to be the original due date of your return. Your credit of $500 will carried forward to your next tax year. Check the box on this line be considered to be paid on March 15, 2024. if this is your final return and any remaining carryforward is being Example 2: You file your 2023 calendar-year return on or transferred to another entity. Attach a detailed statement to your before the extended due date of your return requesting $500 return listing the FEIN of the entity receiving the credit carryforward, be applied as a credit. Your overpayment includes payments the date the credit was transferred, and the reason for the transfer. of $400 you made before the original due date of your return, Step 1, Line C, must also be completed if you are and a $100 payment you made on June 3, 2024. Your credit transferring an overpayment to another entity. of $400 will be considered to be paid on March 15, 2024. The remaining $100 credit will be considered to be paid on Your credit carryforward will not be applied if you do not file a June 3, 2024. processable return. Your credit carryforward may be reduced by us due to after the extended due date of your return, your credit is considered to be paid on the date you filed the return on which corrections we make to your return, or to satisfy any unpaid tax, you made the election. penalty, and interest due for this year or any other year. If we reduce your credit carryforward, it may result in a late-payment penalty in a Example 3: You file your 2023 calendar-year return on subsequent year. December 2, 2024, requesting $500 be applied as a credit. Your credit of $500 will be considered to be paid on To which tax year will my credit apply? December 2, 2024, because you filed your return after the If your 2023 return was filed extended due date of your 2023 calendar-year return. on or before the original filing and payment due date of your If you are filing your return after the extended due date, you return, your credit will be applied to the next full tax year, unless may only elect to claim an overpayment credit for payments received you elect to apply the credit to a different tax year. on or before the date you filed your return. Any payments made after Example 1: You file your 2023 calendar-year return on the date you filed that return can only be claimed as an overpayment March 1, 2024, requesting to receive your overpayment as credit on a subsequent amended return. a credit. March 1, 2024, falls before the original filing and May I apply my credit to a different tax year? payment due date of the 2023 tax year (March 15, 2024, for Yes. If you wish to apply your credit to a tax year other than the one calendar-year filers). Your credit will be applied against your during which you file this return, you must submit a separate request 2024 tax year liability. in writing to: after the original filing and payment due date of your return, ILLINOIS DEPARTMENT OF REVENUE your credit will be applied to the next full tax year in which timely PO BOX 19004 payments can be made as of the date you are filing this return, SPRINGFIELD IL 62794-9004 unless you elect to apply the credit to a different tax year. Submit your request at the time you file your return. Do not Example 2: You file your 2023 calendar-year return on submit your return to this address. August 5, 2024, requesting to receive your overpayment Your request must include as a credit. August 5, 2024, is after the original filing and payment due date of the 2023 tax year (March 15, 2024 • your name, for calendar-year filers), but is before the original filing and • your FEIN, payment due date of the 2024 tax year (March 17, 2025, for • the tax year of the return creating the overpayment, and calendar-year filers). Your credit will be applied against your 2024 tax year liability. • the tax year you wish to have the credit apply. Example 3: You file your 2023 calendar-year return on If you do not follow these instructions, your election will be April 23, 2025, requesting to receive your overpayment considered invalid and we will not apply your credit as you requested. as a credit. April 23, 2025, is after the original filing and If you submit a valid request, we will apply your credit as you payment due date of the 2024 tax year (March 17, 2025, requested and notify you. Once made, your election to change the for calendar-year filers), but is before the original filing and tax year to which your credit will apply is irrevocable. Requests will payment due date of the 2025 tax year (March 16, 2026, for be worked in the order we receive them. calendar-year filers). Your credit will be applied against your You may only apply your credit to tax years occurring after 2025 tax year liability. the year of the return creating the overpayment. If you request to With what date will my credit apply against my apply more credit than our records show you have available, we tax liability? will apply the maximum amount available and notify you of the difference. If your 2023 return was filed Line 69 — Follow the instructions on the form. Your refund will not on or before the extended due date of your return be issued if you do not file a processable return. (October 15, 2024, for calendar-year filers), your credit is considered to be paid on the original due date of this return Your refund may be reduced by us to satisfy any unpaid tax, (March 15, 2024, for calendar-year filers). penalty, and interest due for this year or any other year. However, if all or a portion of your overpayment results from Line 70 — Direct deposit information. payments made after the original due date of this return, that If you choose to deposit your refund directly into your checking or portion of your credit is considered to be paid on the date you savings account, you must made the payment. IL-1120-ST Instructions (R-12/23) Page 14 of 27 |
Enlarge image | • Enter your routing number. Step 10 — Signature, date, and paid preparer’s • For a checking account, your routing number must be nine information digits and the first two digits must be 01 through 12 or 21 You must sign and date your return. If you do not sign your return, through 32. it will not be considered filed and you may be subject to a nonfiler The sample check following these instructions has an penalty. example of a routing number. If you pay someone to prepare your return, the income tax return • For a savings account, you must contact your financial preparer must also sign and date the return, enter the preparer tax institution for your routing number. identification number (PTIN) issued to them by the Internal Revenue • Check the appropriate box to indicate whether you want your Service, and provide their firm’s name, FEIN, address, and phone refund deposited into your checking or savings account. number. • Enter your account number. If you want to allow the paid preparer listed in this step to discuss this return with IDOR, check the box. This authorization will allow • For a checking account, your account number may be up to your paid preparer to answer any questions that arise during the 17 digits. processing of your return, call us with questions about your return, The sample check following these instructions has an and receive or respond to notices we send. The authorization will example of an account number. automatically end no later than the due date for filing your 2024 tax • For a savings account, you must contact your financial return (excluding extensions). You may revoke the authorization at institution for your account number. any time by calling or writing us. 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. We do not support international ACH transactions. We will only deposit refunds into accounts located within the United States. If your financial institution is located outside the United States, we will send you a check instead of depositing your refund into your account. Line 71 — Follow the instructions on the form. This is your amount of tax due that must be paid in full if $1 or more. If you are not paying electronically, complete Form IL-1120-ST-V, Payment Voucher for Small Business Corporation Replacement Tax, make your check or money order payable to “Illinois Department of Revenue” and attach them to the front of the return. If you are paying electronically do not complete and attach a payment voucher. You should also enter the amount you are paying in the box located on the top of Page 1 of the Form IL-1120-ST. We encourage you to let us figure your penalties and interest and send you a bill instead of determining these amounts yourself. We will compute any penalty and interest due and notify you. See General Information, “What are the penalties and interest?” IL-1120-ST Instructions (R-12/23) Page 15 of 27 |
Enlarge image | Apportionment Formulas Certain businesses that derive their income from inside and outside For radio and television broadcasting (including cable and satellite Illinois require an apportionment formula. The following definitions broadcasting), the following sales are in Illinois: will help in completing Step 6. • advertising revenue received from an advertiser whose A Business income — See General Information, “Business headquarters is in Illinois; income” under “Definitions to help you complete your • fees received by a broadcaster from its viewers or listeners in Form IL-1120-ST.” Illinois; B Financial organization — Any bank, bank holding company, • in the case of fees received by a broadcaster from the producer trust company, savings bank, industrial bank, land bank, safe or other owner of the contents of a program, the percentage of deposit company, private banker, savings and loan association, the fees equal to the percentage of the broadcast’s viewing or building and loan association, credit union, currency exchange, listening audience located in Illinois; or cooperative bank, small loan company, sales finance company, • in the case of a person who owns the contents of a program and investment company, or any person owned by a bank or bank who provides the contents to a broadcaster for a fee or other holding company. charge, the fees received for that program from a broadcaster C Revenue miles — A revenue mile is the transportation of one located in Illinois. passenger, or one net ton of freight, the distance of one mile. If the “sales everywhere” amount includes gross receipts from D Federally regulated exchange — A federally regulated exchange the licensing, sale, or other disposition of patents, copyrights, is trademarks, and other similar items of intangible personal property, • a regulated entity as defined in 7 U.S.C. Sections 1a (40)(A), and the receipts are not covered by the broadcasting rules, then 1a (40)(B), or 1a (40)(C); these receipts should be allocated in Illinois to the extent the item • an exchange or clearing agency as defined in 15 U.S.C. Sections is used in Illinois during the year the gross receipts are included in 78c (a)(1) or 78c (a)(23); gross income. • any entity regulated under any successor regulatory structure to a An item is used in Illinois if registered entity, exchange, or clearing agency; or • a patent is employed in production, fabrication, manufacturing, or • any member of the same unitary group if 50 percent or more of other processing in Illinois or if the patented product is produced the business receipts of the unitary business group for the taxable in Illinois; year are attributable to the matching, execution, or clearing of • copyrighted material is printed or other publications originated in transactions conducted by members of the group described in the Illinois; or first three bullet points above. • the commercial domicile of the licensee or purchaser of a What if I am a sales company? trademark or other item of intangible personal property is in Illinois. If you checked the box in Step 1, Line E, indicating that you are a sales company and your income is derived from inside and outside If you cannot determine from your (or related party’s) books Illinois, you must also check Step 5, Box 35B. Apportion your and records in which state an item is used, do not include the gross business income as follows: receipts from that item in the numerator or the denominator of the Include gross receipts from the license, sale, or other disposition sales factor. of patents, copyrights, trademarks, and similar items of intangible For sales of telecommunications services, the following sales are in personal property in the numerator and denominator of your sales Illinois: factor only if these gross receipts are more than 50 percent of the • sales of telecommunications service sold on a call-by-call basis, total gross receipts included in gross income for this tax year and where the call both originates and terminates in Illinois, or the each of the two immediately preceding tax years. call either originates or terminates in Illinois and the customer’s Do not include the following items of income in the numerator or service address is in Illinois; denominator of your sales factor: • retail sales of postpaid telecommunications service if the point of • dividends; origination of the signal is in Illinois; • amounts included under IRC Section 78; • retail sales of prepaid telecommunications service where the purchaser receives the prepaid card or other means of • IRC Section 965 inclusion; conveyance at a location in Illinois; • Global Intangible Low-Taxed Income (GILTI) income under • charges imposed at a channel termination point in Illinois; IRC Section 951A; • charges for channel mileage between two channel termination • subpart F income as defined in IRC Section 952; and points in Illinois; • any item of income excluded or deducted from base income. • charges for channel mileage between one or more channel For more information on what should be included in the numerator termination points in Illinois and one or more channel termination or denominator of your sales factor, see 86 Ill. Adm. Code Sections points outside Illinois, times the number of channel termination points 100.3370 and 100.3380. in Illinois divided by total termination channels; Sales of tangible personal property are in Illinois if • charges for services ancillary to sales of services in Illinois. If you • the property is delivered or shipped from anywhere to a purchaser provide ancillary services, but cannot determine where the sales in Illinois, other than the United States government, regardless of of the related services are located, your sales are in Illinois if your the Free on Board (f.o.b.) point or other conditions of the sale; customer is in Illinois; • the property is shipped from Illinois to any place and the purchaser • access fees charged to a reseller of telecommunication for a call is the United States government; or that both originates and terminates in Illinois; • the property is shipped from Illinois to another state and you are not taxable in the state of the purchaser. IL-1120-ST Instructions (R-12/23) Page 16 of 27 |
Enlarge image | • 50 percent of access fees charged to a reseller of – unsecured commercial or installment loans where the telecommunications services for an interstate call that originates proceeds of the loan are applied in Illinois. If the place of or terminates in Illinois; and application cannot be determined, the gross receipts are • end user access line charges, if the customer’s service address is in Illinois if the office of the borrower from which the loan was in Illinois. negotiated is in Illinois. If neither the place of application For more information, see 86 Ill. Adm. Code Section 100.3371. nor the office of the borrower can be determined, do not include the gross receipts in Lines 40 or 41; and Illinois lottery winnings and proceeds from sales or other transfers of rights to lottery winnings are in Illinois. – credit card receivables billed to a customer in Illinois. • sales of travelers checks and money orders at a location in Illinois; For taxable years ending on or after December 31, 2019, gross receipts from winnings from pari-mutuel wagering conducted at a • interest, dividends, net gains, and other income from investment wagering facility licensed under the Illinois Horse Racing Act of 1975 and trading assets and activities, where the majority of your or from winnings from gambling games conducted on a riverboat or contacts with the asset or activity is in Illinois. The state to which in a casino or organization gaming facility licensed under the Illinois an asset or activity is assigned in your books and records for Gambling Act are Illinois sales and must be included in the numerator federal or state regulatory requirements is presumed to be proper of the sales factor. unless a majority of the evidence shows otherwise or you do not have a fixed place of business in that state. If the place with the For taxable years ending on or after December 31, 2021, payments majority of contacts cannot be determined under these rules, from Illinois sources of wagering and winnings conducted in the gross receipts are in Illinois if your commercial domicile is in accordance with the Sports Wagering Act are allocable to Illinois. Illinois. Sales, other than sales of tangible personal property or • any other transaction, if the gross receipts would be included on telecommunications service, and gross receipts from broadcasting, Line 41 under the general instructions for Line 41. or the licensing, sale, or other disposition of patents, copyrights, For more information, see 86 Ill. Adm. Code Section 100.3405. trademarks, and similar items of intangible personal property, or Divide Line 41 by Line 40 and enter the result, rounded to six decimal Illinois lottery winnings or sales proceeds, are in Illinois as follows: places, on Line 42. Complete Lines 43 through 46 as indicated in • sales or leases of real property in Illinois; Specific Instructions for Step 6 — Figure your income allocable to • leases or rentals of tangible personal property, to the extent it is Illinois. located in Illinois during the rental period; What if I am a transportation company? • interest, net gains, and other items of income from intangible personal property received by a taxpayer who is a dealer in If you checked the box in Step 1, Line E, indicating that you are that property from a customer who is a resident of Illinois (for a company that furnishes transportation service both inside and individuals) or who is commercially domiciled in Illinois (for all outside Illinois, cross out the word “sales” on Lines 40 and 41 and other customers). A taxpayer without actual knowledge of the write “Transportation.” You must apportion business income as residence or commercial domicile of a customer may use the follows: customer’s billing address. A Transportation by airline —On Line 40, enter the amount of • interest, net gains, and other items of income from intangible revenue miles everywhere. On Line 41, enter the amount of personal property received by a taxpayer who is not a dealer revenue miles in Illinois. Divide Line 41 by Line 40 and enter the in that property, if the income-producing activity is performed in result, rounded to six decimal places, on Line 42. Illinois or if the income-producing activity is performed inside and B Other modes of transportation — On Line 40, enter the amount outside Illinois, and a greater proportion of the income-producing of your gross receipts from providing transportation services. activity is performed inside Illinois rather than outside Illinois, On Line 41, enter the amount of gross receipts from Illinois, as based on performance costs; or follows: • in all other cases, if the services are received in Illinois. • all gross receipts from transportation that both originates and For more information, see 86 Ill. Adm. Code Section 100.3370. terminates in Illinois; and • gross receipts from interstate transportation, multiplied by a What if I am a financial organization? fraction equal to the miles traveled in Illinois on all If you checked the box in Step 1, Line E, indicating that you are a interstate trips divided by miles traveled everywhere on all financial organization and your income is derived from inside and interstate trips. outside Illinois, cross out the word “sales” on Lines 40 and 41, and Divide Line 41 by Line 40 and enter the result, rounded to six write “Financial organization.” decimal places, on Line 42. On Line 40, enter the amount of gross receipts from all sources. C Transportation of both freight and passengers or On Line 41, enter the amount of gross receipts from transportation by airline and other modes — Compute • sales or leases of real property located in Illinois; separate fractions for freight transportation and passenger • leases or rentals of tangible personal property, to the extent it is transportation by airline and for freight transportation and located in Illinois during the rental period; passenger transportation by all other modes of transportation under A and B, in the list above and enter on Line 42 the average • interest income, commissions, fees, gains on disposition, and of those fractions, weighted by the gross receipts from freight or other receipts from: passenger transportation by airline or other modes, rounded to six – loans secured by real or tangible personal property decimal places. located in Illinois; For more information, see 86 Ill. Adm. Code Section 100.3450. – unsecured consumer loans to a resident of Illinois; Complete Lines 43 through 46 as indicated in Specific Instructions for Step 6, Figure your income allocable to Illinois. IL-1120-ST Instructions (R-12/23) Page 17 of 27 |
Enlarge image | What if I am a federally regulated exchange? If you determine that you are a member of a unitary business group, If you checked the box in Step 1, Line E, indicating that you are a see Illinois Schedule UB for more information regarding your Illinois federally regulated exchange and your income is derived from inside filing requirements and the computation of your Illinois tax liability. and outside Illinois, cross out the word “sales” on Lines 40 and 41 Once the Illinois Schedule UB has been completed, you must and write “Exchange.” You may apportion your business income as apportion your business income as follows: follows: On Line 40, enter the “everywhere” sales factor of the entire unitary On Line 40, enter the amount of business income from all sources. business group from Illinois Schedule UB, Step 4, Line 2, Column D. On Line 41, enter only your Illinois sales (including your share of On Line 41, enter the amount of business income from sales of any unitary partnerships in which you are a partner). • receipts attributable to transactions executed on a physical trading On Lines 44 and 45, enter your own nonbusiness income and the floor located in Illinois; Illinois portion of business income from non-unitary partnerships or • receipts attributable to all other matching, execution, or clearing partnerships included on a Schedule UB in which you are a partner, transactions. This includes, without limitation, receipts from the S corporations in which you are a shareholder, or from trusts or provision of matching, execution, or clearing services to another estates of which you are a beneficiary. entity. – Multiply this amount by 27.54 percent (.2754) for tax years What if I want to use an alternative ending on or after December 31, 2013; and apportionment formula? • all other receipts for sales in Illinois. If the apportionment methods prescribed by IITA, Sections 304(a) Divide Line 41 by Line 40 and enter the result, rounded to six decimal through (e), and (h) do not fairly and accurately represent the market places, on Line 42. Complete Lines 43 through 46 as indicated in for your goods, services, or other sources of business income, Specific Instructions for Step 6, Figure your income allocable to Illinois. or lead to a grossly distorted result, you may want to use a more For any tax year, the Illinois apportionment percentage accurate alternative method. If you want to use an alternative computed using this formula may never be less than the Illinois apportionment method, you must receive permission from IDOR apportionment percentage computed for the first full tax year ending on prior to filing your return. or after December 31, 2013, for which the taxpayer used this formula. Your request for an alternative apportionment formula must follow the requirement of the 86 Ill. Adm. Code Section 100.3390. What if I am a member of a unitary business See the regulations or contact IDOR for more information. group? If you receive permission to use an alternative formula, you must The term “unitary business group” means a group of persons attach to your Form IL-1120-ST a copy of the letter granting related through common ownership, whose business activities are permission. integrated with, dependent on, and contribute to each other. In the Send your request to: case of a corporation, common ownership is defined as the direct ILLINOIS DEPARTMENT OF REVENUE or indirect ownership or control of more than 50 percent of the LEGAL SERVICES OFFICE outstanding voting stock of a corporation. SENIOR COUNSEL - INCOME TAX, 5-500 101 WEST JEFFERSON STREET SPRINGFIELD IL 62702 Illinois Schedule B Instructions Carry the amount from Illinois Schedule B, Section A, Line 3 and General Information Line 5 to your Form IL-1120-ST as applicable. Read this information before completing Illinois Schedule B. Amounts listed on the Schedule(s) K-1-P and Schedule(s) K-1-P(3), See Schedule K-1-P(1) Instructions for Partnerships and Pass-through Withholding Calculation for Nonresident Members, you S Corporations Completing Schedule K-1-P and Schedule K-1-P(3), complete are carried to your Illinois Schedule B and then reported on and Illinois Schedule B specific instructions for more information. your Form IL-1120-ST. Therefore, you must complete Schedule(s) What is the purpose of Illinois Schedule B? K-1-P and Schedule(s) K-1-P(3) before completing Schedule B. The purpose of Illinois Schedule B, Partners’ or Shareholders’ In order to ensure you complete Schedule B correctly, do the Information, is for you to identify any person who was a partner or following in order: shareholder at any time during your tax year. Complete all Schedule(s) K-1-P and Schedule(s) K-1-P(3), as The Illinois Schedule B also allows you to identify your partners or applicable, for your members before completing any section shareholders that are subject to the Illinois Personal Property Tax of Illinois Schedule B. The information reported on Schedule(s) Replacement Income Tax and to figure the share of distributable K-1-P and Schedule(s) K-1-P(3) will be used to complete Illinois income or loss that is to be added to or subtracted from your base Schedule B. See Schedule K-1-P(1) for more information. income. Complete Section B of Illinois Schedule B before completing Is Schedule B required? Section A of Illinois Schedule B. Section B reports specific Yes. You are required to have a copy of this form on file. You must amounts from each Schedule K-1-P and Schedule K-1-P(3) you attach a copy to your Form IL-1120-ST, Illinois Small Business completed. Section B is required to be completed in full in order Corporation Replacement Tax Return to support to avoid processing delays, further correspondence, or delays in • the addition modification claimed on Form IL-1120-ST, Step 4, the processing of any overpayments. Line 20, Complete Section A of the Illinois Schedule B. Section A reports • the subtraction modification claimed on Form IL-1120-ST, total amounts from Section B, and is required to be completed in Step 5, Line 24, full in order to avoid processing delays, further correspondence, • the pass-through withholding you owe on behalf of your or delays in the processing of any overpayments. nonresident members on Form IL-1120-ST, Step 8, Line 59, IL-1120-ST Instructions (R-12/23) Page 18 of 27 |
Enlarge image | • the PTE tax you pay on Form IL-1120-ST, Step 8, Line 61, and What do I report in Section B, Line L? • the PTE tax credit you received and distributed to your members Line L is used to report the PTE tax credit you receive and distribute on Schedule(s) K-1-P. to your shareholders. Do not include any PTE tax you are paying Therefore, you must follow the instructions for Illinois Schedule B, on this line. complete it in full, and attach it to your return. How do I determine the amounts to report in Section B, Line L? You must use forms prescribed by IDOR. Separate Use the Schedule(s) K-1-P or K-1-T you received to determine the statements not on forms provided or approved by IDOR will not amount of PTE tax credit you received. Distribute the PTE tax credit be accepted and you will be asked for appropriate documentation. based on each member’s share. Failure to comply with this requirement may delay the processing of your return or the generation of any overpayment. Specific Instructions Additionally, failure to submit appropriate documentation when requested may result in a referral to our Audit Bureau for compliance Section A: Total members’ information action. Complete Schedule(s) K-1-P and Schedule(s) K-1-P(3), as applicable, and all of Illinois Schedule B, Section B, before Partnerships and S corporations must complete Illinois completing Section A. Schedule B. Do not send a computer printout with line numbers and dollar amounts attached to a blank copy of the schedule. Computer Illinois Schedule B, Section A should be completed using the totals generated printouts are not acceptable, even if they are in the from Illinois Schedule B, Section B. When you submit your return you same format as IDOR’s forms. Computer generated forms from an should only attach a single page of Section A. If you require multiple IDOR-approved software developer are acceptable. pages of Section B, you may attach as many pages of Section B as required behind Section A. What is a resident? A resident is Lines 1 through 3 — Report amounts for both resident and • an individual who is present in Illinois for other than a temporary or nonresident members. transitory purpose; Line 1 — Add the amounts you reported on Step 3, Column A, • an individual who is absent from Illinois for a temporary or Line 10 through Line 19, of all the Schedule(s) K-1-P you issued transitory purpose but who is domiciled in Illinois; to your partners or shareholders and enter the total here. Include amounts you reported to both your resident and nonresident • the estate of a decedent who at his or her death was domiciled in members. Illinois; Line 2 — Add the amounts you reported on Step 7, Line 52a • a trust created by a will of a decedent who at his or her death was through Line 52x, and Step 7, Lines 53a through 53b, of all the domiciled in Illinois; or Schedule(s) K-1-P you issued to your partners or shareholders and • an irrevocable trust, whose grantor was domiciled in Illinois at the enter the total here. Include amounts you reported to both your time the trust became irrevocable. For purposes of this definition, resident and nonresident members. a trust is irrevocable to the extent that the grantor is not treated as Line 3 — Add the amounts shown in Section B, Line E for all the the owner of the trust under IRC Sections 671 through 678. partners or shareholders for which you have checked the box in What is a nonresident? Section B, Line D. A nonresident is a person who is not a resident, as previously Do not include defined. Corporations, S corporations, partnerships, and exempt • partners or shareholders that are identified as organizations are considered nonresidents for purposes of individuals or estates in Section B, Line B, or Illinois Schedule B. • grantor trusts or other disregarded entities whose What do Section B, Lines G through J report? grantor or owner is an individual or estate. Lines G through J report certain items of income, credits, and Enter the total amount on this line. If this is a pass-through withholding you reported to your nonresident members • positive amount, enter this amount on your Form IL-1120-ST, Line on the Schedule K-1-P you issued to them. 24. How do I determine the amounts to report in Section B, Lines G • negative amount (loss), enter this amount as a positive amount on through J? your Form IL-1120-ST, Line 20. Before completing Illinois Schedule B you must complete Schedule(s) K-1-P and Schedule(s) K-1-P(3) for each of your Lines 4 through 5 — Report amounts for nonresident nonresident members, as applicable. The amounts reported on those members only. schedules will be used to complete Illinois Schedule B, Section B, Line 4a — Enter the total amount of pass-through withholding you Lines G through J. reported on the Schedule(s) K-1-P you issued to your nonresident See Schedule K-1-P(1) for instructions and more information about individual members only. Total the amounts reported in Section Schedule K-1-P(3). B, Line J, for members that are identified with an “I” in Section B, Line B, and enter it here. What do I report in Section B, Line K? Line 4b — Enter the total amount of pass-through withholding you Line K is used to report the PTE tax credit you distribute to your partners or shareholders if you elected to pay pass-through entity reported on the Schedule(s) K-1-P you issued to your nonresident estate members only. Total the amounts reported in Section B, tax. Line J, for members that are identified with an “M” in Section B, How do I determine the amounts to report in Section B, Line K? Line B, and enter it here. Before completing Illinois Schedule B, Line K, you must determine Line 4c — Enter the total amount of pass-through withholding you each member’s portion of the PTE tax credit using the formula in the reported on the Schedule(s) K-1-P you issued to your partnership Schedule B, Section B, Line K instructions. and S corporation members only. Total the amounts reported in Section B, Line J, for members that are identified with a “P” or “S” in Section B, Line B, and enter it here. IL-1120-ST Instructions (R-12/23) Page 19 of 27 |
Enlarge image | Line 4d — Enter the total amount of pass-through withholding you • “T” for trust reported on the Schedule(s) K-1-P you issued to your nonresident • “C” for C corporation trust members only. Include members identified as an exempt • “S” for S corporation organization (trust). Total the amounts reported in Section B, Line J, • “A” for exempt organization (trust) for members that are identified with a “T” or “A” in Section B, Line B, and enter it here. • “N” for exempt organization (corporation) Line 4e — Enter the total amount of pass-through withholding you If this partner or shareholder is a grantor trust or other reported on the Schedule(s) K-1-P you issued to your C corporation disregarded entity, enter the letter that corresponds to the tax type of members only. Include members identified as an exempt the grantor or owner. organization (corporation). Total the amounts reported in Section B, Line C — Enter the entire Social Security number (SSN) or federal Line J, for members that are identified with a “C” or “N” in Section employer identification number (FEIN) of each partner or shareholder. B, Line B, and enter it here. If the partner or shareholder is a foreign entity and does Line 5 — Add Section A, Lines 4a through 4e of this Schedule B not have an SSN or FEIN, leave this line blank for that partner or and enter this amount here and on Form IL-1120-ST, Line 59. The shareholder. If you leave this line blank, you may be contacted for amount on Line 5 should match the total amount from Schedule B, further information. Section B, Line J for all members on all pages. Line D — Check the box if the partner or shareholder is subject to Lines 6 and 7 — the Illinois Personal Property Tax Replacement Income Tax or is an exempt organization (including an Employee Stock Ownership Plan Line 6 — Add Section B, Line K for all members of this Illinois (ESOP)). Individuals, estates, or grantor trusts and other disregarded Schedule B and enter the total here. Enter zero if you paid entities whose grantors or owners are individuals or estates are pass-through withholding. not subject to this tax. Line 7 — Add Section B, Line L for all members of this Illinois Schedule B and enter the total here. This amount should Line E — Enter the total amount of base income or loss distributable to this partner or shareholder, using the Line E Worksheet on Page 21. equal the total of all Schedule(s) K-1-P, Step 7, Line 53a and Enter the amount from Line E Worksheet, Line 5, here. Schedule(s) K-1-T, Step 7, Line 50 you received. Attach copies of all Schedule(s) K-1-P and K-1-T you received to your The total of all the amounts in Line E must equal your total base Form IL-1120-ST. income, computed without regard to the addition claimed on your Form IL-1120-ST, Step 4, Line 20, or the subtraction claimed on your If you completed multiple pages of Section B, complete Section A Form IL-1120-ST, Step 5, Lines 24. one time reporting the totals from all pages of Section B. Place all pages of Section B behind the single page of Section A, and attach Line F — If the partner or shareholder was excluded from pass- them to your return. through withholding indicate the reason by entering Section B: Members’ information • “T” if you elect to pay PTE tax, • “R” if the partner or shareholder is an Illinois resident, Columns 1 through 3 — • “E” if the partner or shareholder provided you a Form IL-1000-E, Line A — Enter the name and address of each partner or indicating that they would pay their own tax liability, shareholder. Use the following examples as a guide. Partners or shareholders who provide you Form IL-1000-E If the partner or shareholder is an individual, use the following must not be individual taxpayers. formats: • “P” if you are a publicly-traded partnership or an investment John Doe John and Mary Doe John Doe partnership and therefore not required to make pass-through 111 W. Main Street 111 W Main Street % Mary Doe withholding payments on behalf of your partners, or Anytown Anytown 111 W Main St. #5A • “N” if the partner or shareholder was an exempt organization and IL 62666 IL 62666 Anytown you did not make pass-through withholding payments on their IL 62666 behalf. If the partner or shareholder is a trust or an estate, use the Taxpayers are not required to make pass-through withholding following formats: payments on behalf of their exempt organization members, but may do John Doe Bankruptcy Trust Estate of John Doe so for tax year ending on or after December 31, 2014. % Mary Doe, Trustee 111 W Main St., Ste 4A If you elected to make pass-through withholding payments on behalf of 111 W Main Street, Suite 4A Anytown an exempt organization member, leave this line blank for that member and complete Lines G through J. Anytown IL 62666 Lines G through J — Provide the following information from the IL 62666 Schedule(s) K-1-P and Schedule(s) K-1-P(3) you completed for each If the partner or shareholder is a corporation (including member listed. S corporations), or a partnership, use the following formats: Line G — Enter the amount you reported on Step 3, Line 12, of the Illinois Big Business Group Illinois Small Business Group Schedule K-1-P(3) you completed for this member. This amount is this % John Doe, VP Finance % Mary Doe member’s share of Illinois income subject to pass-through withholding. 111 West Main Street, Suite 4 111 West Main Street This amount is a dollar amount. Do not list a percentage on Anytown Anytown this line. IL 62666 IL 62666 Line H — Total the amount you reported on Step 3, Line 13, and Line B — Indicate the type of each partner’s or shareholder’s Step 3, Line 16, of the Schedule K-1-P(3) you completed for this organization. Enter member. Enter that amount on Line H for this member. This amount is this member’s pass-through withholding before credits. • “I” for individual • “P” for partnership Line I — Total the amount you reported on Step 3, Line 14, and Step 3, Line 17, of the Schedule K-1-P(3) you completed for this • “M” for estate member. Enter that amount on Line I for this member. This amount is this member’s distributable share of credits. IL-1120-ST Instructions (R-12/23) Page 20 of 27 |
Enlarge image | Line J — Enter the amount of pass-through withholding that Line K — Enter the member’s share of the PTE tax credit. To you made on behalf of each member and reported to them on determine the share of PTE tax credit due for each member, multiply Schedule K-1-P, Step 7, Line 55. This should match the amount the member’s distributive share of pass-through entity income reported on Step 3, Line 19, of the Schedule K-1-P(3) you completed reported on Form IL-1120-ST, Line 60, by 4.95 percent (.0495). for this member. The total credits allocated to all members may not This line should be blank if you elected to pay PTE tax. exceed the PTE liability reported on Form IL-1120-ST, Line 61. The Lines K and L - If the pass-through entity is itself a member in total credits may also not exceed the PTE amount actually paid to an electing pass-through entity, the credit for PTE tax paid by the IDOR. If you overpaid your PTE liability, the overpayment may be electing pass-through entity passes through to its members as refunded to the electing partnership or S corporation. follows Include this amount on each member’s Schedule K-1-P, Step 7, • If the pass-through entity does not make the election to Line 53a. pay PTE tax, it will only be passing through each member’s This line should be blank if you made pass-through distributive share of the PTE tax credit that it received on withholding payments. Schedule(s) K-1-P from electing pass-through entities in which it Line L — Enter each member’s distributive share of PTE tax credit is a member (Line L). you are passing through from Schedule(s) K-1-P or K-1-T you • If the pass-through entity does make the election to pay received. The PTE tax credit is passed through to your members PTE tax, then it passes through to its members both in the same proportion that the pass-through income is distributed • the credit for the PTE tax it pays (Line K) and to your members. Also include this amount on each member’s • each member’s distributive share of the PTE tax credit it Schedule K-1-P, Step 7, Line 53a. received from electing pass-through entities in which it is a If you have more than three members to report, and additional member (Line L). space is needed, complete and attach additional pages of Illinois Add each member’s Line K and Line L. Enter the total on each Schedule B, Section B. After you have completed Section B, listing member’s Schedule K-1-P, Step 7, Line 53a. all required amounts for your members, complete the single page of Illinois Schedule B, Section A. Line E Worksheet Complete this worksheet for each partner or shareholder. 1 Enter the share of income from Form IL-1120-ST, Line 14 for this partner or shareholder. 1 _________________ 2 Enter the share of additions distributable to this partner or shareholder from Form IL-1120-ST, Lines 15 through 19 and Line 21. 2 _________________ 3 Add Lines 1 and 2. 3 _________________ 4 Enter the share of subtractions distributable to this partner or shareholder from Form IL-1120-ST, Lines 23 and 25 through 33. 4 _________________ 5 Subtract Line 4 from Line 3. If Line 3 is greater than Line 4 (income), Enter the result as a positive amount in Line E for this partner or shareholder. If Line 4 is greater than Line 3 (loss), enter the result as a negative amount in Line E for this partner or shareholder. 5 _________________ IL-1120-ST Instructions (R-12/23) Page 21 of 27 |
Enlarge image | Appendix A - Extension Tax Payment Worksheet Use this worksheet if all of the following apply to you: • you are required to file Form IL-1120-ST, • you cannot file your annual tax return by the due date, and • you complete this worksheet and determine you owe a tentative tax. If Line 7 of the worksheet shows you owe tentative tax, pay the full amount due either by filing and paying with Form IL-1120-ST-V or by making your payment electronically. An extension of time to file does not extend the amount of time you have to make your payment. Reminder: Entities electing to pay PTE tax must make estimated payments if their total tax due is expected to be greater than $500. See Appendix C. Extension Tax Payment Worksheet (for your records) 1Enter the total tax you expect to owe for this tax year. 1 2Enter the total amount of estimated tax payments or prepayments you made and any overpayment you elected to be credited for this tax year. 2 3 Enter any withholding reported to you and pass-through withholding (including any eligible investment partnership withholding) made on your behalf for this tax year. 3 4 Enter the amount of any previous tax payment you have made for this tax year. 4 5 Enter the estimated replacement tax investment credits. 5 6 Add lines 2 through 5 and enter the result here. 6 7 Subtract Line 6 from Line 1. This is your tentative tax due. Enter the result here and on Form IL-1120-ST-V. Pay this amount with your Form IL-1120-ST-V on or before the original due date of your return. 7 Extension Tax Payment Worksheet Instructions Line 1 — Enter the total amount of replacement tax you expect to owe for this tax year (including recapture of investment credits using Schedule 4255, pass-through withholding payments you will owe on behalf of your members or PTE tax you elect to pay on Schedule B, and surcharges from the Compassionate Use of Medical Cannabis Program Act and the sale of assets by gaming licensee). Line 2 — Enter the total amount of estimated tax payments or prepayments you made and any overpayment you elected to be credited for this tax year. Line 3 — Enter the total amount of Illinois income tax withheld on Form(s) W-2G and the amount of pass-through withholding (including any eligible investment partnership withholding) paid on your behalf and reported to you on Illinois Schedule(s) K-1-P or K-1-T. Line 4 — Enter the amount of any previous tax payment you have made for this tax year. Line 5 — Enter the amount of any estimated replacement tax investment credits from Form IL-477. Line 6 — Add Lines 2 through 5. This is your total tax payments and credits. Line 7 — Subtract Line 6 from Line 1. This is your tentative tax due. If Line 7 is $1 or more, you must pay the amount due. If Line 7 is less than $1, you do not have to pay.Do not attach your federal Form 7004 to your Form IL-1120-ST-V. Pay electronically at tax.illinois.gov or use Form IL-1120-ST-V, Payment Voucher for Small Business Corporation Replacement Tax. Failure to use the correct voucher for your payments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. IL-1120-ST Instructions (R-12/23) Page 22 of 27 |
Enlarge image | Appendix B - Pass-through Withholding Prepayment Worksheets Use this worksheet to determine the amount to voluntarily prepay pass-through withholding on behalf of your shareholders. Pass-through withholding prepayments are entirely voluntary; however, we suggest that you make your prepayments in four equal install- ments during the course of a year. Use Appendix C to prepay your own estimated tax liability, including PTE tax. If you elect to file and pay PTE tax, do not use this worksheet. Taxpayers electing to file and pay PTE tax cannot report and pay pass-through withholding for their members. Check the following boxes to determine which worksheets you should complete. (You may check multiple boxes.) 1 If you have nonresident individual and estate members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 If you have partnership or S corporation members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 If you have nonresident trust members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 If you have corporation members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Once the worksheets are complete, add the total from each worksheet: Worksheet 1, Line 9 ____________ Worksheet 2, Line 9 ____________ Worksheet 3, Line 13 ____________ Worksheet 4, Line 13 ____________ TOTAL _____________ This is the amount of each of your voluntary quarterly prepayments for pass-through withholding. Add this total to the amount from Appendix C, Step 3, Line 27 to determine your voluntary quarterly prepayments to be made with Form IL-1120-ST-V. These payments may be made at any time, up to and including the original due date of your return. Pay electronically at tax.illinois.gov or use Form IL-1120-ST-V to mail your payment. Failure to use the correct voucher for your pre-payments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. Worksheet 1: Figure your pass-through withholding prepayments for nonresident individual and estate members. If you have nonresident individual and estate members that you wish to voluntarily prepay pass-through withholding on behalf of, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your nonresident individual and estate members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your nonresident individual and estate members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 4.95 percent (.0495) and enter the result. 4 5 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Enter the amount of surcharge from the sale of assets by gaming licensee passed through to you and distributed to nonresident individual and estate members. 7 8 Add Lines 6 and 7. 8 9 Divide Line 8 by 4. This is the amount of each of your voluntary prepayments for nonresident individual and estate members. 9 IL-1120-ST Instructions (R-12/23) Page 23 of 27 |
Enlarge image | Appendix B - continued Worksheet 2: Figure your pass-through withholding prepayments for partnership or S corporation members. If you have partnership or S corporation members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your partnership or S corporation members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your partnership or S corporation members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 1.5 percent (.015) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Enter the amount of surcharge from the sale of assets by gaming licensee passed-through to you and distributed to partnership and S corporation members. 7 8 Add Lines 6 and 7. 8 9 Divide Line 8 by 4. This is the amount of each of your voluntary prepayments for partnership or S corporation members. 9 Worksheet 3: Figure your pass-through withholding prepayments for nonresident trust members. If you have nonresident trust members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your nonresident trust members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your nonresident trust members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 1.5 percent (.015) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Multiply Line 3 by 4.95 percent (.0495) and enter the result. 7 8 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 8 9 Subtract Line 8 from Line 7 and enter the result. 9 10 Add Line 6 and Line 9 and enter the result. 10 11 Enter the amount of surcharge from the sale of assets by gaming licensee passed-through to you and distributed to nonresident trust members. 11 12 Add Lines 10 and 11. 12 13 Divide Line 12 by 4. This is the amount of each of your voluntary prepayments for nonresident trust members. 13 IL-1120-ST Instructions (R-12/23) Page 24 of 27 |
Enlarge image | Appendix B - continued Worksheet 4: Figure your pass-through withholding prepayments for corporation members. If you have corporation members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your corporation members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your corporation members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 2.5 percent (.025) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Multiply Line 3 by 7 percent (.07) and enter the result. 7 8 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 8 9 Subtract Line 8 from Line 7 and enter the result. 9 10 Add Line 6 and Line 9 and enter the result. 10 11 Enter the amount of surcharge from the sale of assets by gaming licensee passed-through to you and distributed to corporation members. 11 12 Add Lines 10 and 11. 12 13 Divide Line 12 by 4. This is the amount of each of your voluntary prepayments for corporation members. 13 Appendix C - Estimated Payment and Prepayment Worksheet Instructions If you elect to file and pay PTE tax and reasonably expect your total tax liability, including replacement tax and PTE tax, to exceed $500 after Illinois tax credits and withholding payments made on your behalf, you are required to make estimated payments. Estimated Payments are due on the 15th day of the 4th, 6th, 9th, and 12th months of the tax year. Complete Steps 1, 2, and 3 of this worksheet to compute your next tax year’s estimated tax payments. If you elect to file and pay PTE tax but you do not expect your tax liability, including replacement tax and PTE tax, to exceed $500, you may voluntarily prepay next year’s taxes including PTE tax. Complete Steps 1, 2, and 3 of this worksheet to determine the amount of your quarterly prepayment. If you do not elect to file and pay PTE tax, you may voluntarily prepay next year’s tax liability. Complete Steps 2 and 3 of this worksheet to determine the amount of your quarterly tax liability prepayment. If you completed Appendix B, add the total from Step 3 to the total amount from Appendix B to determine your quarterly prepayments to be made with Form IL-1120-ST-V. If your income or your original estimated tax changes during the year, complete Step 4 of this worksheet to determine your adjusted payment. Keep this record for your files. Pay electronically at tax.illinois.gov or use Form IL-1120-ST-V to mail your payment. Failure to use the correct voucher for your estimated payments or prepayments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. IL-1120-ST Instructions (R-12/23) Page 25 of 27 |
Enlarge image | Appendix C - continued Step 1 - Figure your PTE Tax - Complete Step 1 only if you are filing and paying PTE tax. 1 Enter the amount of base income (Line 35) expected in the next tax year. 1 00 2 Enter the amount equal to the share of income distributable to a shareholder subject to replacement tax (Line 24) expected in the next tax year. 2 00 3 PTE base income. Add Lines 1 and 2. 3 00 4 Enter the amount of nonbusiness income or loss expected in the next tax year. 4 00 5 Enter the amount of business income or loss included in Line 4 from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates expected in the next tax year. 5 00 6 Add Lines 4 and 5. 6 00 7 Expected base income or loss. Subtract Line 6 from Line 3. 7 00 8 Enter the amount of total sales everywhere expected in the next tax year. 8 00 9 Enter the amount of total sales inside Illinois expected in the next tax year. 9 00 10 Divide Line 9 by Line 8. Round to six decimal places. 10 11 Business income or loss apportionable to Illinois expected in the next tax year. Multiply Line 7 by Line 10. 11 00 12 Enter the amount of nonbusiness income or loss allocable to Illinois expected in the next tax year. 12 00 13 Enter the amount of business income or loss apportionable to Illinois from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates expected in the next tax year. Do not include any income from a partnership or S corporation that will make the PTE election. 13 00 14 PTE Income. Add Lines 11 through 13. 14 00 15 PTE Tax. Multiply Line 14 by 4.95 percent (.0495). 15 00 Step 2 - Figure your Replacement Tax 16 Enter the amount of Illinois net income expected in the next tax year. 16 00 17 Multiply Line 16 by 1.5 percent (.015) and enter the result. 17 00 18 Enter the amount of recapture of investment credits expected in the next tax year. 18 00 19 Enter the amount of surcharge expected from the Compassionate Use of Medical Cannabis Program Act and the sale of assets by gaming licensee in the tax year. 19 00 20 Add Lines 17 through 19. Enter the result. 20 00 21 Enter the amount of Illinois tax credits expected in the next tax year as calculated on the corresponding Form IL-477 or Schedule 1299-A. 21 00 22 Enter the amount of pass-through withholding (including any eligible investment partnership withholding) expected to be made on your behalf in the next tax year on any Schedule K-1-P or Schedule K-1-T you receive. 22 00 23 Enter the amount of any Illinois gambling and sports wagering winnings withholding shown on the next tax year Form W-2G you expect to receive. 23 00 24 Add Lines 21 through 23. Enter the result. 24 00 25 Subtract Line 24 from Line 20 and enter the result. 25 00 Step 3 - Figure your Estimated Payments or Prepayments 26 If you completed Step 1, add Lines 15 and 25. Otherwise, enter the amount from Line 25. 26 00 27 Divide Line 26 by 4. This is the amount of your quarterly estimated payments or prepayments. 27 00 You may use pass-through withholding (including any eligible investment partnership withholding) made on your behalf on any Schedule K-1-P or K-1-T you received to reduce the estimated tax payment for the quarter in which the tax year shown on the Schedule K-1-P or K-1-T falls and any subsequent tax payment until the entire credit is used. You may use Illinois gambling and sports wagering withholding shown on any Form W-2G you receive to reduce the estimated tax payment for the quarter in which the gambling winnings were received and any subsequent tax payment until the entire credit is used. If you made the election to credit a prior year overpayment to the next tax year and • the election was made on or before the extended due date of that prior year return, use the credit to reduce the first estimated tax payment and any subsequent tax payments until the entire credit is used. • the election was made after the extended due date of that prior year return, the credit will be treated as paid on the date you submitted the election. If that payment date is on or before an estimated payment due date, you may use the credit to reduce that estimated tax payment and any subsequent tax payments until the entire credit is used. IL-1120-ST Instructions (R-12/23) Page 26 of 27 |
Enlarge image | Appendix C - continued Step 4 - Amended worksheet - Complete Step 4 if a change occurs in your original estimated tax. 1 Enter the amount of PTE income expected in the next tax year. If you are not electing to file and pay PTE tax, enter zero. 1 2 PTE Tax. Multiply Line 1 by 4.95 percent (.0495). 2 3 Enter the amount of Illinois net income expected in the next tax year. 3 4 Multiply Line 3 by 1.5 percent (.015) and enter the result. 4 5 Enter the amount of recapture of investment credits expected in the next tax year. 5 6 Enter the amount of surcharge expected from the Compassionate Use of Medical Cannabis Program Act and the sale of assets by gaming licensee in the next tax year. 6 7 Add Lines 4 through 6 and enter the result. 7 8 Enter the amount of Illinois tax credits expected in the next tax year as calculated on the corresponding Form IL-477 or Schedule 1299-A. 8 9 Enter the amount of pass-through withholding (including any eligible investment partnership withholding) expected to be made on your behalf in the next tax year on any Schedule K-1-P or Schedule K-1-T you receive. 9 10 Enter the amount of any Illinois gambling and sports wagering winnings withholding shown on the next tax year Form(s) W-2G you expect to receive. 10 11 Add Lines 8 through 10 and enter the result. 11 12 Subtract Line 11 from Line 7 and enter the result. 12 13 Add Line 2 and 12. 13 14 Divide Line 13 by 4. 14 15 Multiply Line 14 by the number of previously due estimated payments. 15 16 Enter the amount of any estimated tax payments actually paid, timely prior year overpayments, timely pass-through withholding (including any eligible investment partnership withholding) and pass-through entity tax credit paid on your behalf, or timely Illinois gambling and sports wagering winnings withholding shown on Form W-2-G you received. 16 17 Subtract Line 16 from Line 15 and enter the result. This amount may be negative. 17 18 Add Lines 14 and 17 and enter the result. If positive, this is the amount due on your next payment due date. If zero or negative, the amount due on your next payment due date is zero. If Line 18 is negative, continue to Line 19. Otherwise, stop here. 18 19 If Line 18 is negative, enter that amount as a positive number. 19 20 Subtract Line 19 from Line 14 and enter the result. This is the amount due on the following due date, if applicable. 20 Pay electronically at tax.illinois.gov or use Form IL-1120-ST-V to mail your payment. Failure to use the correct voucher for your estimated payments or prepayments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. IL-1120-ST Instructions (R-12/23) Page 27 of 27 |