Illinois Compiled Statutes
35 ILCS 5/ - Illinois Income Tax Act.
Article 8 - Declaration And Payment Of Estimated Tax

(35 ILCS 5/Art. 8 heading)

(35 ILCS 5/803) (from Ch. 120, par. 8-803)
Sec. 803. Payment of estimated tax.
(a) Every taxpayer other than an
estate, trust, partnership, Subchapter S corporation or farmer is required
to pay estimated tax for the taxable year, in such amount and with such
forms as the Department shall prescribe, if the amount payable as estimated
tax can reasonably be expected to be more than (i) $250 for taxable years
ending before December 31, 2001, $500 for taxable years ending on or
after December 31, 2001 and before December 31, 2019, and $1,000 for taxable years ending on or after December 31, 2019, or (ii) $400 for
corporations.
(b) Estimated tax defined. The term "estimated tax" means the excess of:
(c) Joint payment. If they are eligible to do so for federal tax
purposes, a husband and wife may pay estimated tax as if they were one
taxpayer, in which case the liability with respect to the estimated tax
shall be joint and several. If a joint payment is made but the husband and
wife elect to determine their taxes under this Act separately, the
estimated tax for such year may be treated as the estimated tax of either
husband or wife, or may be divided between them, as they may elect.
(d) There shall be paid 4 equal installments of estimated tax for
each taxable year, payable as follows:

(e) Farmers. An individual, having gross income from farming for the
taxable year which is at least 2/3 of his total estimated gross income for such year.
(f) Application to short taxable years. The application of this
section to taxable years of less than 12 months shall be in accordance with
regulations prescribed by the Department.
(g) Fiscal years. In the application of this section to the case of a
taxable year beginning on any date other than January 1, there shall be
substituted, for the months specified in subsections (d) and
(e), the
months which correspond thereto.
(h) Installments paid in advance. Any installment of estimated
tax may be paid before the date prescribed for its payment.
The changes in this Section made by this amendatory Act of 1985 shall
apply to taxable years ending on or after January 1, 1986.

(Source: P.A. 101-355, eff. 8-9-19.)

(35 ILCS 5/804) (from Ch. 120, par. 8-804)
Sec. 804. Failure to pay estimated tax.
(a) In general. In case of any underpayment of estimated tax by a
taxpayer, except as provided in subsection (d) or (e), the taxpayer shall
be liable to a penalty in an amount determined at the rate prescribed by
Section 3-3 of the Uniform Penalty and Interest Act upon the amount of the
underpayment (determined under subsection (b)) for each required installment.
(b) Amount of underpayment. For purposes of subsection (a), the
amount of the underpayment shall be the excess of:
(c) Amount of Required Installments.
(d) Exceptions. Notwithstanding the provisions of the preceding
subsections, the penalty imposed by subsection (a) shall not
be imposed if the taxpayer was not required to file an Illinois income
tax return for the preceding taxable year, or, for individuals, if the
taxpayer had no tax liability for the preceding taxable year and such year
was a taxable year of 12 months.
The penalty imposed by subsection (a) shall
also not be imposed on any underpayments of estimated tax due before the
effective date of this amendatory Act of 1998 which underpayments are solely
attributable to the change in apportionment from subsection (a) to subsection
(h) of Section 304. The provisions of this amendatory Act of 1998 apply to tax
years ending on or after December 31, 1998.
(e) The penalty imposed for underpayment of estimated tax by subsection
(a) of this Section shall not be imposed to the extent that the Director

or his or her designate determines, pursuant to Section 3-8 of the Uniform Penalty
and Interest Act that the penalty should not be imposed.
(f) Definition of tax. For purposes of subsections (b) and (c),
the term "tax" means the excess of the tax imposed under Article 2 of
this Act, over the amounts credited against such tax under Sections
601(b) (3) and (4).
(g) Application of Section in case of tax withheld under Article 7.
For purposes of applying this Section:
(g-5) Amounts withheld under the State Salary and Annuity Withholding
Act. An individual who has amounts withheld under paragraph (10) of Section 4
of the State Salary and Annuity Withholding Act may elect to have those amounts
treated as payments of estimated tax made on the dates on which those amounts
are actually withheld.
(i) Short taxable year. The application of this Section to
taxable years of less than 12 months shall be in accordance with
regulations prescribed by the Department.
The changes in this Section made by Public Act 84-127 shall apply to
taxable years ending on or after January 1, 1986.

(Source: P.A. 96-1496, eff. 1-13-11; 97-507, eff. 8-23-11; 97-636, eff. 6-1-12.)

(35 ILCS 5/806)
Sec. 806. Exemption from penalty. An individual taxpayer shall not be
subject to a penalty for failing to pay estimated tax as required by Section
803 if the
taxpayer is 65 years of age or older and is a permanent resident of a nursing
home.
For purposes of this Section, "nursing home" means a skilled nursing or
intermediate long term care facility that is subject to licensure by the
Illinois
Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

(35 ILCS 5/807)
Sec. 807. EDGE payment. A payment includes a payment provided for in subsection (g) of Section 5-15 of the Economic Development for a Growing Economy Tax Credit Act.

(Source: P.A. 96-836, eff. 12-16-09; 96-1000, eff. 7-2-10.)