Official Illinois Icb 2 Form in PDF Open Editor

Official Illinois Icb 2 Form in PDF

The Illinois ICB-2 form is used to make an offer of disposition regarding a proposed assessment or claim denial with the Illinois Department of Revenue. This form is essential for taxpayers looking to settle a tax dispute through the Informal Conference Board (ICB). It allows individuals and businesses to present their case for why the ICB should accept their offer to resolve the matter efficiently.

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The Illinois ICB-2 form plays a crucial role in resolving tax disputes between taxpayers and the Illinois Department of Revenue. This form is specifically designed for individuals or businesses looking to make an offer of disposition regarding a proposed assessment or a claim denial. When completing the ICB-2, it is important to understand that the Informal Conference Board (ICB) will only accept an offer if there is genuine uncertainty about the facts or the law involved in the case. Additionally, the ICB must determine that resolving the matter serves the best interests of the State. It is essential to note that this form is not appropriate for those seeking relief solely due to an inability to pay; in such cases, a different process is required. The form requires detailed information, including the taxpayer's identity, the specific offer amount, and any penalties involved. Furthermore, taxpayers must clearly outline the issues they are willing to concede and provide a thorough explanation of why their offer should be accepted. This structured approach not only facilitates clear communication but also aids in the efficient resolution of tax disputes.

Frequently Asked Questions

What is the purpose of the Illinois ICB-2 form?

The Illinois ICB-2 form is used to make an offer of disposition regarding a proposed assessment or claim denial to the Informal Conference Board (ICB). It is intended for taxpayers who wish to settle a tax dispute with the Illinois Department of Revenue. The ICB may accept the offer if there is legitimate uncertainty regarding the facts or law of the case and if resolving the matter is in the best interests of the State.

Who should complete the ICB-2 form?

This form should be completed by individuals, businesses, or organizations that have received a proposed assessment or claim denial from the Illinois Department of Revenue. It is not intended for those seeking relief solely based on an inability to pay. Such individuals should file a petition with the Board of Appeals after receiving a final assessment.

What information is required to fill out the ICB-2 form?

The form requires the taxpayer's name, address, and contact information. It also asks for identification numbers such as Social Security Number (SSN) and Federal Employer Identification Number (FEIN). Additionally, the taxpayer must provide the amount of the offer, details about any penalties, and a thorough explanation of why the ICB should accept the offer.

How should I determine the amount of my offer?

The offer amount must be a specific net dollar amount that you are willing to settle the tax dispute for. It is important to consider the total assessment and any penalties when determining this amount. Providing a reasonable offer can facilitate negotiations with the ICB.

What happens after I submit the ICB-2 form?

After submission, the ICB will review your offer of disposition. They may accept, reject, or counter your offer. You will receive written notification of the ICB’s decision regarding your submission. It is important to remember that statements made in this process are considered part of good faith negotiations and cannot be used against you in future proceedings.

What should I include in my explanation for the ICB?

Your explanation should be detailed and thorough, outlining the reasons why the ICB should accept your offer. Include any relevant case law, statutes, or regulations that support your position. It is also advisable to reference any documentation that backs your rationale for the offer.

Do I need a representative to submit the ICB-2 form?

No, you do not need a representative to submit the ICB-2 form. However, if you choose to have someone represent you during the informal conference process, you must provide their name and contact information on the form. The representative must be duly authorized under a valid power of attorney.

What should I do if I need help completing the form?

If you require assistance in completing the ICB-2 form or have questions, you can contact the ICB at 312-814-1722. Additionally, further information about the ICB and related regulations can be found on the Illinois Department of Revenue's website.

Where do I send the completed ICB-2 form?

The completed ICB-2 form should be sent to the Informal Conference Board at the Illinois Department of Revenue, located at 100 W. Randolph, #7-341, Chicago, IL 60601. Ensure that the form is properly signed and dated to be considered valid.

Form Specifications

Fact Name Details
Purpose The ICB-2 form is used to propose a settlement for a tax dispute with the Illinois Department of Revenue.
Eligibility This form is only for cases where there is uncertainty regarding the facts or law, and not for offers based on inability to pay.
Submission Taxpayers can submit the ICB-2 form alongside the ICB-1 form for a more comprehensive review of their case.
Decision Notification The ICB will notify taxpayers in writing about the acceptance, rejection, or counter of their offer.
Legal Basis The form and its processes are governed by the Illinois Administrative Code, specifically 86 Ill. Adm. Code Part 215.
Confidentiality Statements made in the ICB-2 form are considered part of good faith negotiations and cannot be used against the taxpayer in future proceedings.
Contact Information For assistance, taxpayers can reach the ICB at 312-814-1722 or visit the Illinois Department of Revenue website.

Common mistakes

  1. Incomplete Identification Information: Failing to provide complete taxpayer identification details, such as name, address, and contact information, can lead to delays or rejection of the form.

  2. Incorrect Offer Amount: Submitting an offer that is not a specific net dollar amount will result in the form being deemed incomplete. Ensure that the offer amount is clear and precise.

  3. Neglecting to Specify Issues: Not clearly identifying all issues being conceded, including the associated dollar amounts, can hinder the ICB's ability to evaluate the offer effectively.

  4. Insufficient Explanation: Providing an inadequate rationale for why the ICB should accept the offer can lead to rejection. A thorough explanation, including legal bases, is essential.

  5. Missing Signatures: Failing to sign the form or having it improperly signed can result in the ICB not considering the offer. Ensure all necessary signatures are present and dated.

  6. Ignoring Submission Guidelines: Not following the specific submission instructions, such as sending the form to the correct address or including required documentation, can delay processing.

Form Preview

Illinois Department of Revenue

ICB-2 Offer of Disposition of a Proposed Assessment or Claim Denial

Read this information first

You should complete and submit this form if you are making an offer of disposition with the Informal Conference Board (ICB) to settle a tax dispute with the department for a proposed assessment or claim denial. The ICB may accept an offer of disposition settling a tax dispute only where the ICB finds that there is legitimate uncertainty regarding the facts or law in the case and if it would be in the best interests of the State for the ICB to resolve the matter at this time.

Note: Do not complete this form if you are making an offer in compromise based on the inability to pay. If you are seeking relief from your tax liability based only on your inability to pay, you should file a petition with the Board of Appeals after a final assessment of the tax has been issued.

Step 1: Identify yourself, your business, or your organization

1

Taxpayer’s name

_________________________________

2

Current address

_________________________________

 

 

Street address

 

 

 

 

_________________________________

 

 

City

State

ZIP

 

Daytime phone no. (____)___________________________

 

Fax no.

(____)____________________________

3

Contact person

_________________________________

 

 

(For business or organization)

 

4 SSN ___ ___ ___ - ___ ___ - ___ ___ ___ ___

Social Security number

5 FEIN ___ ___ - ___ ___ ___ ___ ___ ___ ___

Federal employer identification number

6Account ID _________________________________________

7License no. _________________________________________

8Write the audit ID or track number from the notice you received.

______________________________________________

9If someone will represent you during the informal conference process, complete the following:

Daytime phone no. (____)____________________________

Representative’s name _____________________________

Daytime phone no. (____)_________ Fax no.(____)__________

Step 2: Please provide the following information

1 Write the amount of your offer. (This amount must be a specific net dollar amount.) $______________________

2Write the penalty type(s)._________________________________________ Write the amount of penalty. $______________________

3Identify all issues to be conceded, in whole or in part, by the taxpayer or by the Illinois Department of Revenue. Include the total dollar amount associated with each issue and the dollar amount being offered to settle that specific issue. Attach additional sheets, if necessary.

____________________________________________________________________________________________________________

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____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

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____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

Disclosure of this information is VOLUNTARY. This form has been approved by the Forms Management Center. IL-492-3508

ICB-2 (R-08/10)

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4Explain why the ICB should accept your offer of disposition. Please be as complete and thorough as possible in explaining your reasons. Include all factual and legal basis to support your position and offer of disposition. Attach additional sheets, if necessary.

____________________________________________________________________________________________________________

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____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

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____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

Step 3: Taxpayer or taxpayer’s representative must sign below

If signing as a corporate officer, partner, fiduciary, or individual on behalf of the taxpayer, I certify that I have the authority to execute this request on behalf of the taxpayer.

__________________________________________________ _____/_____/_____ _________________________________________

Taxpayer’s signatureTitle, if applicable DatePrint taxpayer’s name (if corporation, print duly authorized officer’s name)

________________________________________________

_____/_____/____

 

Taxpayer’s representative’s signature*

Title, if applicable

Date

 

*Representative must be duly authorized under valid power of attorney.

 

If you are not submitting this disposition with Form ICB-1, you may send it to:

Informal Conference Board

 

 

 

Illinois Department of Revenue

 

 

 

100 W. Randolph, #7-341

 

 

 

Chicago, IL 60601

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ICB-2 (R-08/10)

Form ICB-2 Instructions

General Information

You should complete and submit Form ICB-2, Offer of Disposition of a Proposed Assessment or Claim Denial, if you are making an offer of disposition to the ICB. You may submit this completed form with your Form ICB-1, Request for Informal Conference Board Review.

The ICB will consider an offer of disposition to settle a tax dispute only in those situations where the ICB determines that it is not in the best interests of the department to issue the assessment, or claim denial.

Your Form ICB-2 may be accepted, rejected, or countered by the ICB. You will be notified in writing of the ICB’s decision with regard to your offer.

Note: The statements you make in completing Form ICB-2 are considered to be made in the course of good faith negotiations and will not be admissible against you in any further proceedings with regard to the matter in controversy.

Step 1: Identify yourself, your business, or your organization

Lines 1 and 2 — Write your name and address as it appears on your Notice of Proposed Deficiency, Notice of Proposed Liability, Notice of Proposed Claim Denial, or Notice of Proposed Liability and Claim Denial.

Line 3 — If you are a business or an organization, please write the name of the contact person and a daytime phone number.

Lines 4 through 8 — Write all identification numbers applicable to you.

Line 9 — Write the audit ID or track number that appears on the face of your Notice of Proposed Deficiency, Notice of Proposed Liability, Notice of Proposed Claim Denial, or Notice of Proposed Liability and Claim Denial.

Line 10 — If someone will represent you during the informal conference process, write the representative’s name, daytime phone number, and fax number on the lines provided.

Step 2: Please provide the following information

Line 1 — Write the amount you are offering to settle the tax dispute. This amount must be a specific net dollar amount.

Line 2 — If you are requesting the ICB to consider a waiver of penalty or penalties as part of your offer, write the penalty type(s) and the amount of penalty.

Line 3 — You must identify all issues you propose to be conceded by you or by the department as part of your offer. You also must identify the total dollar amount you were assessed on each of your issues and the specific dollar amount you are offering to settle each issue. If you need more space, you may attach additional sheets of paper.

Line 4 — You must provide an explanation of the reasons why the ICB should accept your offer. Please be as complete and thorough as possible in explaining your reason. Your explanation should include all case law, statutory, regulatory, or other legal bases which support your position that the proposed audit adjustment is incorrect and should be settled by the ICB. Any documentation supporting your rationale should be included and referenced in your explanation. If you need more space, you may attach additional sheets of paper.

Step 3: Taxpayer or taxpayer’s representative must sign below

Form ICB-2 must be properly signed and dated by you or your representative. The ICB will not consider any offer of disposition that is not properly signed.

If you need additional assistance or information

If you need assistance in completing this form or have any questions, you may call the ICB at 312 814-1722.

For additional information about the ICB, please refer to 86 Ill. Adm. Code Part 215, Informal Conference Board. A copy of these regulations may be found by visiting our web site at

tax.illnois.gov.

ICB-2 (R-08/10)

Page 3 of 3

Dos and Don'ts

When filling out the Illinois ICB-2 form, it's essential to approach the process with care. Here’s a list of important dos and don’ts to help ensure your submission is successful.

  • Do ensure you provide accurate and complete information, especially your name and address as it appears on official documents.
  • Do specify a clear dollar amount for your offer. Vague figures may lead to rejection.
  • Do include any relevant documentation that supports your claims. This strengthens your case.
  • Do explain thoroughly why the ICB should accept your offer. Be detailed and persuasive.
  • Don’t forget to sign the form. An unsigned form will not be considered.
  • Don’t submit the form if you are seeking relief solely based on inability to pay. That requires a different process.
  • Don’t ignore the deadline for submission. Timeliness is crucial in tax matters.

By following these guidelines, you can navigate the form-filling process with confidence and increase your chances of a favorable outcome.

Documents used along the form

The Illinois ICB-2 form is crucial for taxpayers looking to settle disputes regarding proposed assessments or claim denials with the Informal Conference Board. In addition to this form, several other documents are often required or helpful during this process. Below is a list of these documents along with brief descriptions of each.

  • Form ICB-1: This form is used to request a review by the Informal Conference Board. It is typically submitted alongside the ICB-2 form to initiate the informal conference process.
  • Notice of Proposed Assessment: This document informs the taxpayer of a proposed tax liability. It outlines the amount owed and the basis for the assessment, serving as a starting point for disputes.
  • Notice of Claim Denial: This notice indicates that a taxpayer's claim for a refund or other relief has been denied. It details the reasons for the denial, which can be important for formulating a response.
  • Power of Attorney (POA): If a representative is acting on behalf of the taxpayer, a POA must be submitted. This document grants the representative the authority to negotiate and settle the tax dispute.
  • Supporting Documentation: This may include financial statements, tax returns, or other relevant documents that support the taxpayer’s position. These documents help substantiate the claims made in the ICB-2 form.
  • Form IL-2848: This is the Illinois Power of Attorney form. It allows taxpayers to authorize a representative to act on their behalf for tax matters in Illinois.
  • California Living Will: This legal document allows individuals to express their wishes regarding medical treatment if they become unable to communicate. For more information, visit California Templates.
  • Exhibits or Attachments: Any additional sheets or documents that provide further explanation or evidence related to the offer of disposition should be attached to the ICB-2 form.
  • Statement of Facts: A detailed account outlining the circumstances surrounding the tax dispute. This statement helps clarify the taxpayer’s position and the rationale for the offer of disposition.
  • Correspondence with the Department of Revenue: Any prior communications with the Illinois Department of Revenue regarding the assessment or claim denial may be useful for context and support.

Having these documents prepared and organized can significantly streamline the process of resolving tax disputes with the Informal Conference Board. Each document plays a role in presenting a clear and compelling case, ultimately aiding in the negotiation process.

Misconceptions

The following list outlines seven common misconceptions about the Illinois ICB-2 form, along with clarifications for each misconception.

  • The ICB-2 form is only for individuals. The ICB-2 form can be used by individuals, businesses, or organizations that are involved in a tax dispute with the Illinois Department of Revenue.
  • Submitting the ICB-2 form guarantees acceptance of my offer. The Informal Conference Board (ICB) will consider the offer but may accept, reject, or counter it based on their assessment of the situation.
  • I can use the ICB-2 form if I cannot pay my taxes. The ICB-2 form is not intended for offers based solely on inability to pay. In such cases, individuals should file a petition with the Board of Appeals after a final assessment has been issued.
  • Once I submit the ICB-2 form, I cannot provide additional information. Taxpayers can attach additional sheets if they need more space to provide necessary information or explanations related to their offer.
  • The ICB will not consider my statements in future proceedings. Statements made while completing the ICB-2 form are considered part of good faith negotiations and cannot be used against the taxpayer in further proceedings.
  • Only the amount offered is important. While the amount of the offer is crucial, the ICB also requires a thorough explanation of why the offer should be accepted, including any relevant legal basis.
  • Filing the ICB-2 form means I do not need to provide identification numbers. Taxpayers must include all relevant identification numbers, such as Social Security numbers and Federal Employer Identification Numbers, on the form.