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Pub-103, Late-payment penalty (for unpaid tax shown due on an original or amended return)
January 1, 2005 - to current
Penalty is based on the number of days the tax required to be shown due on the return is late.
1 - 30 days: 2%
31 + days: 10%
However, the penalty is 15% of any amount that is not paid until after the initiation of an audit or investigation of your liability and 20% of any amount that is not paid within 30 days after the issuance of an audit-prepared amended return or Form IL-870, Waiver of Restrictions, at the conclusion of the audit or investigation. The 20% penalty rate also applies to any amount paid within the 30-day period if you fail to sign and return the amended return within that period or if you pay the liability under protest or subsequently file a claim or refund of the payment.
Note: If penalty for underpayment of estimated or accelerated tax payments is assessed, the tax amount that this penalty is assessed on is subtracted from the total tax. The remainder is the tax base on which the late-payment penalty may be assessed.
Exceptions
Motor Fuel Use Tax — 10% of the tax or $50, whichever is greater.
Coin-Operated Amusement Device Tax— 30% for failure to obtain a decal.
January 1, 2004 - December 31, 2004
Penalty is based on the number of days the tax required to be shown due on the return is late.
1 - 30 days: 2%
31 - 90 days: 10%
91 - 180 days: 15%
181 + days: 20%
Note: If penalty for underpayment of estimated or accelerated tax payments is assessed, the tax amount that this penalty is assessed on is subtracted from the total tax. The remainder is the tax base on which the late-payment penalty may be assessed.
Exceptions
Motor Fuel Use Tax — 10% of the tax or $50, whichever is greater.
Coin-Operated Amusement Device Tax— 30% for failure to obtain a decal.
January 1, 2001 - December 31, 2003
Penalty is based on the number of days the tax required to be shown due on the return is late.
1 - 30 days: 2%
31 - 90 days: 5%
91 - 180 days: 10%
181 + days: 15%
Note: If penalty for underpayment of estimated or accelerated tax payments is assessed, the tax amount that this penalty is assessed on is subtracted from the total tax. The remainder is the tax base on which the late-payment penalty may be assessed.
Exceptions
Motor Fuel Use Tax — 10% of the tax or $50, whichever is greater.
Coin-Operated Amusement Device Tax— 30% for failure to obtain a decal.
January 1, 1998 - December 31, 2000
20% of tax shown due on the return or required to be shown due on the return and not paid by the due date.
Note: If penalty for underpayment of estimated or accelerated tax payments is assessed, the tax amount that this penalty is assessed on is subtracted from the total tax. The remainder is the tax base on which the late-payment penalty may be assessed.
Exceptions
Motor Fuel Use Tax — 10% of the tax or $50, whichever is greater.
Coin-Operated Amusement Device Tax— 30% for failure to obtain a decal.
January 1, 1996 - December 31, 1997
15% of tax shown due on the return or required to be shown due on the return and not paid by the due date.
Note: If penalty for underpayment of estimated or accelerated tax payments is assessed, the tax amount that this penalty is assessed on is subtracted from the total tax. The remainder is the tax base on which the late-payment penalty may be assessed.
Exceptions
Motor Fuel Use Tax — 10% of the tax or $50, whichever is greater.
Coin-Operated Amusement Device Tax— 30% for failure to obtain a decal.
January 1, 1994 - December 31, 1995
15% of tax shown due on the return or required to be shown due on the return and not paid by the due date.
Note: If penalty for underpayment of estimated or accelerated tax payments is assessed, the tax amount that this penalty is assessed on is subtracted from the total tax. The remainder is the tax base on which the late-payment penalty may be assessed.
Exceptions
Motor Fuel Use Tax — 10% of the tax or $50, whichever is greater.
Coin-Operated Amusement Device Tax— 30% for failure to obtain a decal.