Sec. 1.17. Petition for refund or adjustment of license fee, franchise tax, penalty, or interest.

361 words·~2 min read·/il/chapter-805/act-5/1-17

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any domestic corporation or foreign corporation having authority to transact business in this State may petition the Secretary of State for a refund or adjustment of license fee, franchise tax, penalty, or interest claimed to have been erroneously paid or claimed to be payable, subject however to the following limitations:

(1)No refund shall be made unless a petition for such shall have been filed in

accordance with Section 1.10 of this Act within three years after the amount to be refunded was paid;

(2)No adjustment of any license fee, franchise tax, penalty, or interest shall be made

unless a petition for such shall have been made within three years after the amount to be adjusted should have been paid;

(3)If the refund or adjustment claimed is based upon an instrument filed with the

Secretary of State which contained a misstatement of fact, typographical error, error of transcription or other error or defect, no refund or adjustment of any license fee, franchise tax, penalty, or interest shall be made unless a statement of correction has been filed in accordance with Section 1.15 of this Act.

(b)The petition for refund or adjustment shall be executed in accordance with Section 1.10 of this Act and shall set forth:

(1)The name of the corporation and the state or country under the laws of which it is

organized.

(2)The amount and nature of the claim.

(3)The details of each transaction and all facts upon which the petitioner relies.

(4)Any other information required by rule.

(c)If the Secretary of State determines that any license fee, franchise tax, penalty, or interest is incorrect, in whole or in part, he or she shall adjust the amount to be paid or shall refund to the corporation any amount paid in excess of the proper amount; provided, however, that no refund shall be made for an amount less than $200 and any refund in excess of that amount shall be reduced by $200, and provided further, that such refund shall be made without payment of interest.