56 Ill. Adm. Code 2765.69
Partial Waiver Of Interest Where An Employer Has Erroneously Paid Its Federal Unemployment Tax Act (FUTA) Tax In Full But Has Failed To Pay Its Illinois Unemployment Insurance Contributions
Section 2765
Section 2765.69 Partial
Waiver Of Interest Where An Employer Has Erroneously Paid Its Federal
Unemployment Tax Act (FUTA) Tax In Full But Has Failed To Pay Its Illinois
Unemployment Insurance Contributions
Where an employer has
erroneously failed to pay its Illinois Unemployment Insurance contributions
when due but instead timely paid the full amount of its Federal Unemployment
Tax Act (FUTA) liability (6.2% for 1990) and that employer pays the full amount
of any contributions, penalties and interest (except the amount of interest
that is subject to waiver under this Section) due within 30 days after the date
that notice of its failure to pay its Illinois Unemployment Insurance
contributions is mailed to the employer, the Director shall grant a partial
waiver of interest from the date that the employer made its FUTA payment. The
extent of that waiver shall be the amount by which the amount of interest due
exceeds the amount of interest that would have been due if the rate of interest
imposed were the same as the rate of interest paid by the Secretary of Treasury
on amounts held by the Secretary in the federal Unemployment Trust Fund during
the same period.
Example: On
January 31, 1990, Employer A erroneously pays the full FUTA amount on all of
the wages that it paid in 1989 which were subject to that Act. On March 31,
1990, the Director notifies this employer that it has failed to pay its
Illinois Unemployment Insurance contributions for 1989. If this employer pays
the full amount of contributions, penalties and interest due in this matter by
April 30, 1990, the Director will waive the interest due for the period from
January 31, 1990 to the date of payment, to the extent that the amount of
interest due exceeds the amount of interest that would have been due if the
rate of interest imposed were the same as the rate of interest paid by the
Secretary of Treasury on amounts held by the Secretary in the federal
Unemployment Trust Fund during the same period.