Ill. Admin. Code tit. 86, § 100.7340 - Correction of Underwithholding or Overwithholding (IITA Section 704)
a)
Underwithholding. If, as a result of underwithholding, a return is filed for a
return period under this section and less than the correct amount of tax
required to be deducted and withheld is reported on the return and paid to the
Department, the employer shall report and pay the additional amount due by
reason of the underwithholding on a return for any period in the calendar year
in which the underwithholding occurred. An explanation must be attached to the
return for the period in which the undercollection is corrected.
b) Overwithholding. If an employer deducts
and withholds more than the correct amount of tax for a return period under
this section and does not repay the overcollection before the time for filing
the required return for the period and before the end of the calendar year, he
must include the overcollection on the return required to be filed for the
period in which the overcollection occurred. If the overwithholding is
discovered in a subsequent return period under this section and within the same
calendar year of the overwithholding, the employer may correct the error on a
return to be filed for a period within the same calendar year if the amount of
the overcollection is repaid during that period. An explanation must be
attached to the return on which the error is corrected. Any repayment of an
amount of overwithholding must be substantiated by a receipt from the employee
showing the date and amount of repayment and kept as a part of the employer's
records. (See 86 Ill. Adm. Code
100.7080(b)
for methods of repayment.)
Notes
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