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1998 Income Tax Letter Rulings

 
 

General Information Letters

Ruling Date Subject Synopsis
IT 98-0100-GIL 12/18/1998 Withholding – Other Rulings General Information Letter: Duty to withhold Illinois income tax from wages paid to nonresident working in Illinois.
IT 98-0099-GIL 12/16/1998 Public Law 86-272/Nexus General Information Letter: Activities not protected under Public Law 86-272.
IT 98-0098-GIL 12/07/98 Subtraction Modifications – Interest On U.s. Government obligations – Other Rulings. General Information Letter: Subtraction modification for interest on U.S. government and certain Illinois obligations.
IT 98-0097-GIL 12/07/1998 Withholding – Other Rulings General Information Letter: Application of 5 U.S.C. § 5517(a)(1).
IT 98-0096-GIL 12/07/1998 Public Law 86-272/Nexus General Information Letter: Activities not protected under Public Law 86-272.
IT 98-0095-GIL 12/04/1998 Public Law 86-272/Nexus General Information Letter: Conformity to federal Revenue Procedure 97-22.
IT 98-0094-GIL 12/01/1998 Unitary General Information Letter: Application of 80-20 test to federal From 1120F filer.
IT 98-0093-GIL 12/01/1998 Public Law 86-272/Nexus General Information Letter: Activities not protected under Public Law 86-272.
IT 98-0092-GIL 11/24/1998 Public Law 86-272/Nexus General Information Letter: Provision of leased employees who will solicit sales of tangible personal property on behalf of the lessee is not protected by Public Law 86-272.
IT 98-0091-GIL 11/18/1998 Exempt Organizations - S Corporations General Information Letter: An Employee Stock Ownership Plan, which is exempt from federal income tax under 26 U.S.C. § 501(a) and that owns stock of a Subchapter S corporation, is taxed by Illinois only on its unrelated business taxable income.
IT 98-0090-GIL 11/17/1998 S Corporations General Information. Apportionment of income of Subchapter S corporations and shareholders to Illinois.
IT 98-0089-GIL 11/13/1998 Exempt Organizations General Information Letter: Organizations exempt from federal income tax under 26 U.S.C. § 501(a) are taxed by Illinois only on unrelated business taxable income.
IT 98-0088-GIL 11/13/1998 Apportionment – Sales Factor General Information. Application of sales factor.
IT 98-0087-GIL 11/13/1998 Public Law 86-272/Nexus General Information Letter: Sales of services are not protected by Public Law 86-272.
IT 98-0086-GIL 11/09/1998 Forms General Information Letter: Illinois permits the use of photocopied forms.
IT 98-0085-GIL 11/04/1998 Public Law 86-272/Nexus General Information Letter: Storage of inventory in Illinois is not protected by Public Law 86-272.November 4, 1998
IT 98-0084-GIL 10/27/1998 Alternative Apportionment General Information Letter: Petition to use separate accounting is not needed if two corporations are not engaged in a unitary business.
IT 98-0083-GIL 10/21/1998 Credits General Information Letter: Insurance companies may offset Illinois Life and Health Guaranty Association assessments against their Illinois income tax liability.
IT 98-0082-GIL 10/19/1998 Public Law 86-272/Nexus General Information Letter: There is no "casual sale" provision which would exempt a taxpayer (who otherwise has nexus) from Illinois income taxation.
IT 98-0081-GIL 10/19/1998 Compensation General Information Letter: Compensation for services rendered within and without Illinois is "paid in this State" if the employee's base of operations is in this State or, if there is no base of operations, the service is directed or controlled from a place within this State.
IT 98-0080-GIL 10/14/1998 Capital Gains (Losses) General Information Letter: An individual is not allowed a deduction for capital losses other than the deduction allowed in computing federal adjusted gross income.
IT 98-0079-GIL 10/09/1998 Net Income (Loss) and Net Loss Deduction (IITA § 207) General Information Letter: A Subchapter S corporation may carry back an Illinois net loss to offset net income in a year in which it was taxed as a Subchapter C corporation.
IT 98-0078-GIL 10/07/1998 Subtraction Modifications – Pensions General Information Letter: Individuals are not taxed on income from qualifying pension plans.
IT 98-0077-GIL 10/07/1998 Public Law 86-272/Nexus General Information Letter: Public Law 86-272 applies to sellers of tangible personal property, which includes "canned" software.
IT 98-0076-GIL 10/06/1998 Public Law 86-272/Nexus General Information Letter: Public Law 86-272 does not protect taxpayers who deliver goods into Illinois themselves.
IT 98-0075-GIL 09/16/1998 Exempt Organizations General Information Letter. Tax issues arising from foreign not-for-profit organization conducting activities within Illinois.
IT 98-0074-GIL 09/14/1998 Compensation General Information Letter. Compensation of nonresident employee who provides no services in Illinois and is not directed or controlled from Illinois is not subject to Illinois income tax.
IT 98-0073-GIL 09/11/1998 Returns – Other Rulings General Information Letter. No information reporting requirements for dividends, interest, original issue discount or IRA distributions.
IT 98-0072-GIL 09/11/1998 Withholding – Employee Benefits General Information Letter. No withholding or information reporting required for qualified retirement plan payments.
IT 98-0071-GIL 09/02/1998 Subtraction Modifications – Other Rulings General Information Letter. Subtraction modification allowed for portion of wages expense not deducted federally because of empowerment zone credit.
IT 98-0070-GIL 08/17/1998 Definitions General Information Letter: Characterization of limited liability company as corporation.
IT 98-0069-GIL 08/13/1998 Subtraction Modification - Pensions General Information Letter: Military retirement pay.
IT 98-0068-GIL 08/11/1998 Unitary General Information Letter: Application of 80-20 test to corporation governed by federal income tax treaty.
IT 98-0067-GIL 08/10/1998 Subtraction Modification - Pensions General Information Letter: Military retirement pay.
IT 98-0066-GIL 08/10/1998 Business Income General Information Letter: Definition and apportionment of business income.
IT 98-0065-GIL 08/03/1998 Business Income General Information Letter: Definition and apportionment of business income.
IT 98-0064-GIL 07/31/1998 Apportionment - Insurance Companies General Information Letter: Repeal of letter ruling IT 92-0022, dealing with inclusion of "deposit-type funds" in the apportionment factor.
IT 98-0063-GIL 07/28/1998 Exempt Organizations General Information Letter: Taxation of unrelated business income of cemeteries.
IT 98-0062-GIL 07/22/1998 Apportionment - Property Factor General Information Letter: Inclusion of fully-depreciated rental property in Illinois property factor.
IT 98-0061-GIL 07/16/1998 Base Income General Information Letter: Taxation of income from in-home business.
IT 98-0060-GIL 07/13/1998 Base Income General Information Letter: Inclusion of payments from annuity purchased by an estate.
IT 98-0059-GIL 07/13/1998 Withholding - Other Rulings General Information Letter: Withholding on nonresident alien farm workers.
IT 98-0058-GIL 07/10/1998 Subtraction Modifications - Other rulings General Information Letter: Inquiry regarding income exempt from Illinois Income Tax.
IT 98-0057-GIL 07/09/1998 S Corporations General Information Letter: Tax treatment of qualified Subchapter S subsidiaries.
IT 98-0056-GIL 07/01/1998 Subtraction Modifications - Other Rulings General Information Letter: Allowance of subtraction modification for College Savings Bonds.
IT 98-0055-GIL 06/29/1998 Subtraction Modifications - Pensions General Information Letter: Illinois tax treatment of employer and employee contributions to and distributions from qualified pension plans.
IT 98-0054-GIL 06/25/1998 Returns - Short Period Returns General Information Letter: Due date of short period return when tax year is changed as the result of acquisition into consolidated group with a different tax year.
IT 98-0053-GIL 06/23/1998 IRC § 338 General Information Letter: Illinois tax treatment of Subchapter S corporation and shareholders in Section 338(h)(10) election.
IT 98-0052-GIL 06/17/1998 Subtraction Modifications - Pensions General Information Letter: Illinois tax treatment of Roth IRAs.
IT 98-0051-GIL 06/04/1998 Composite Returns General Information Letter: Estimated tax payments made by partners included on composite return.
IT 98-0050-GIL 06/03/1998 Subtraction Modifications - Pensions General Information Letter: Distribution of IRA and profit-sharing accounts to estate.
IT 98-0049-GIL 05/28/1998 Subtraction Modifications - Other Rulings General Information Letter: Interest income on State of Illinois bonds.
IT 98-0048-GIL 05/22/1998 Trusts General Information Letter: Taxation of trusts making qualified funeral trust election under Taxpayer Relief Act of 1997.
IT 98-0047-GIL 05/21/1998 Public Law 86-272/Nexus General Information Letter: Conducting stock brokerage business through Illinois office.
IT 98-0046-GIL 05/19/1998 Miscellaneous General Information Letter: Income subject to Illinois Income Tax.
IT 98-0045-GIL 05/15/1998 Public Law 86-272/Nexus General Information Letter: Presence of taxpayer-owned equipment within the State for purposes of providing services to customers.
IT 98-0044-GIL 05/14/1998 Partnerships General Information Letter: Subtraction modification for income distributable to partners subject to Personal Property Tax Replacement Income Tax and election to pass-through to partners investment credit earned by partnership.
IT 98-0043-GIL 05/11/1998 Withholding - Other Rulings General Information Letter: Unemployment compensation and taxes are administered by the Department of Employment Security, not by the Department of Revenue.
IT 98-0042-GIL 05/08/1998 Composite Returns General Information Letter: Credit allowed to trust for replacement taxes paid by beneficiary.
IT 98-0041-GIL 04/23/1998 Returns - Requirement To File General Information Letter: Returns due for past years.
IT 98-0040-GIL 04/23/1998 Alternative Apportionment General Information Letter: Denial of petition to use alternative apportionment.
IT 98-0039-GIL 04/13/1998 Withholding - Other Rulings General Information Letter: Withholding obligation on Ohio resident employees temporarily performing services within Illinois.
IT 98-0038-GIL 04/13/1998 Definitions General Information Letter: Characterization of single-member limited liability companies electing to be disregarded for federal income tax purposes.
IT 98-0037-GIL 04/07/1998 Subtraction Modifications - Pensions General Information Letter: Railroad Retirement Board payments.
IT 98-0036-GIL 04/03/1998 Partnerships General Information Letter: Subtraction modification for reasonable compensation for personal services rendered by a partner.
IT 98-0035-GIL 03/30/1998 Public Law 86-272/Nexus General Information Letter: Presence of employees within Illinois.
IT 98-0034-GIL 03/30/1998 Miscellaneous General Information Letter: Response to taxpayer inquiry re estate tax.
IT 98-0033-GIL 03/30/1998 Miscellaneous General Information Letter: Response to taxpayer inquiry regarding use of Social Security Number under Federal Privacy Act of 1974.
IT 98-0032-GIL 03/26/1998 Subtraction Modifications - Other Rulings General Information Letter: Deduction for claim-of-right items repaid by taxpayer governed by IRC Section 1341.
IT 98-0031-GIL 03/24/1998 Subtraction Modifications - Other Rulings General Information Letter: Request for listing of Illinois bonds whose interest is exempt from Illinois Income Tax.
IT 98-0030-GIL 03/19/1998 Estimated Tax General Information Letter: Duty of nonresident to pay estimated taxes when only Illinois-sourced income is derived from farming.
IT 98-0029-GIL 03/19/1998 Net Operating Loss and Net Operating Loss Deduction General Information Letter: Request for regulations.
IT 98-0028-GIL 03/17/1998 Withholding - Other Rulings General Information Letter: Duty to withhold on golf tournament prizes.
IT 98-0027-GIL 03/17/1998 Public Law 86-272/Nexus General Information Letter: Presence of one employee within Illinois.
IT 98-0026-GIL 03/16/1998 Compensation General Information Letter: Taxation of nonresident transportation worker.
IT 98-0025-GIL 03/09/1998 Addition Modifications - Interest General Information Letter: Computation of addition modification for life insurance companies subject to Section 832 haircut.
IT 98-0024-GIL 03/06/1998 Pensions General Information Letter: Subtraction modification for disability payments.
IT 98-0023-GIL 03/04/1998 Net Operating Loss and Net Operating Loss Deduction General Information Letter: Request for regulations.
IT 98-0022-GIL 02/26/1998 Subchapter 'S' Corporations: See S Corporations General Information Letter: Treatment of Qualified Subchapter S Subsidiaries.
IT 98-0021-GIL 02/23/1998 Definitions General Information Letter: Response to question re deduction for wages not deducted for federal income tax purposes because included in the base for computing the Work Opportunity Credit.
IT 98-0020-GIL 02/20/1998 Combined Unitary Return General Information Letter: Adjustments to tax basis in stock of unitary subsidiary.
IT 98-0019-GIL 02/20/1998 Definitions General Information Letter: Treatment of Financial Asset Securitization Investment Trusts and consequences of elections under federal check-the-box regulations.
IT 98-0018-GIL 02/20/1998 Subchapter 'S' Corporations: See S Corporations General Information Letter: Treatment of Qualified Subchapter S Subsidiaries and Electing Small Business Trusts.
IT 98-0017-GIL 02/19/1998 Nexus: See Public Law 86-272/Nexus General Information Letter: Application to mail order software company.
IT 98-0016-GIL 02/13/1998 Withholding - Reciprocal Agreements General Information Letter: Application to Iowa resident working in Illinois.
IT 98-0015-GIL 02/13/1998 Subtraction Modifications - Pensions General Information Letter: Application of subtraction modification provision to disability annuities.
IT 98-0014-GIL 02/11/1998 Nexus: See Public Law 86-272/Nexus General Information Letter: Taxpayer apportioning all income to commercial domicile state.
IT 98-0013-GIL 02/06/1998 Nexus: See Public Law 86-272/Nexus General Information Letter: Application of Public Law 86-272.
IT 98-0012-GIL 01/27/1998 Miscellaneous General Information Letter: Tax Protester Letter.
IT 98-0011-GIL 01/26/1998 Composite Returns General Information Letter: Response to request to file composite returns on behalf of partnership, its Subchapter S corporation partners and their shareholders.
IT 98-0010-GIL 01/26/1998 Compensation General Information Letter: Response to questions regarding income taxation and withholding requirements for compensation paid to players, managers, and other employees of professional sports teams and to musicians and other entertainers.
IT 98-0009-GIL 01/22/1998 Partnerships General Information Letter: Response to questions regarding taxation of partners and partnerships investing in Illinois real estate for purposes of leasing.
IT 98-0008-GIL 01/21/1998 Nexus: See Public Law 86-272/Nexus General Information Letter: Response to questions regarding nexus from provision of training services within Illinois.
IT 98-0007-GIL 01/13/1998 Collection General Information Letter: Response to questions re validity of levy.
IT 98-0006-GIL 01/12/1998 Subchapter 'S' Corporations General Information Letter: Response to questions regarding taxation of Qualified Subchapter S Subsidiaries.
IT 98-0005-GIL 01/08/1998 Composite Returns General Information Letter: Response to questions re Subchapter S corporation filing of composite returns.
IT 98-0004-GIL 01/08/1998 Withholding General Information Letter: Response to question re withholding on employee residing and working in Florida.
IT 98-0003-GIL 01/07/1998 Subtraction Modifications - Premiums Paid By The self-employed General Information Letter: Response to questions re self-employed health insurance premiums deducted on Schedule A as itemized deductions.
IT98-0002-GIL 01/07/1998 Compensation General Information Letter: Response to questions regarding Indiana residents working in both Illinois and Indiana for single employer after reciprocal agreement termination.
IT 98-0001-GIL 01/05/1998 Composite Returns General Information Letter: Response to request to file composite return (not allowed for tiers of entities).

Private Letter Rulings

Ruling Date Subject Synopsis
IT 98-0010-PLR 10/07/1998 Apportionment – Financial Organizations Private Letter Ruling. Guidance is provided for application of IITA Section 304(c) in specific situations.
IT 98-0009-PLR 09/01/1998 Subtraction Modifications - Pensions Private Letter Ruling. Subtraction for early retirement payments to public school teacher.
IT 98-0008-PLR 08/20/1998 Credits - Enterprise Zone Investment credits - Replacement Tax Investment Private Letter Ruling: Ruling on property used by taxpayer in other state prior to being placed in service in Illinois.
IT 98-0007-PLR 08/18/1998 Apportionment - Financial Organizations Private Letter Ruling: Apportionment - Financial Organizations - Private Letter Ruling. Ruling on definition of "sales finance company" and on application of financial organization apportionment formula.
IT 98-0006-PLR 06/18/1998 Alternative Apportionment Private Letter Ruling: Grant of petition to use separate accounting method.
IT 98-0005-PLR 04/28/1998 Composite Returns Private Letter Ruling: Grant of petition to file composite return.
IT 98-0004-PLR 04/15/1998 Composite Returns Private Letter Ruling: Grant of petition to file composite return.
IT 98-0003-PLR 02/03/1998 Composite Returns Private Letter Ruling: Petition for permission to file composite returns.
IT 98-0002-PLR 01/13/1998 Composite Returns Private Letter Ruling: Request for permission to file composite returns.
IT 98-0001-PLR 01/12/1998 S Corporation Private Letter Ruling: Illinois treatment of Qualified Subchapter S Subsidiaries.
 
 
 
 
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