Always Thinking.

Arnold Palmer once said golf was "deceptively simple and endlessly complicated."

The same can be said for state and local taxes.

Monday, January 26, 2009

Illinois: New Withholding Requirements in 2009

The new IL withholding requirement applies to tax years ending on or after Dec. 31, 2008. It applies to S corporations, partnerships and trusts.

Pass-through entities (PTEs) must file Form IL-1000, Pass-through Entity Payment Income Tax Return and make a PTE payment on behalf of nonresident owners.

The due date is the PTE’s original due date (i.e., 3/15 for S corporations, 4/15 for partnerships and trusts). Estimates are not required.

PTE’s are required to make payments for all nonresident owners except:

1) individuals who are included in a IL Composite return; or
2) non-individual owners (corporations and other PTEs) who document to the pass-through entity on Form IL-1000-E, Certificate of Exemption for PTE Payments, that they will file a return and pay the IL income tax. (The PTE should keep copies of Form IL-1000-E in its files.)

Planning Note: Non-individual owners in tiered entity situations could provide Form IL-1000-E to lower tier entities to keep them from making nonresident withholding payments. This would hopefully minimize over-withholding situations from occurring.

If you have any questions, please contact me at leveragesalt@earthlink.net.

Illinois Department of Revenue, IL - Informational Bulletin FY 2009-02, October 2008

0 comments: