86 Ill. Adm. Code 1000.100.7200
Reports For Employee (IITA Section 703)
Section 100
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 100 INCOME TAX
SECTION 100.7200 REPORTS FOR EMPLOYEE (IITA SECTION 703)
Section 100.7200 Reports For
Employee (IITA Section 703)
a) In general. Every employer required to deduct and withhold tax
under the Act from compensation of an employee, or who would have been required
to deduct and withhold tax if the employee's properly claimed withholding exemption
had not been in excess of compensation subject to withholding, must furnish to
each such employee with respect to the compensation paid in Illinois by such
employer during the calendar year, a statement in duplicate containing the
following information:
1) The name, address and federal employer identification number
of the employer;
2) The
name, address and social security number of the employee;
3) The
total amount of compensation paid in Illinois;
4) The
total amount deducted and withheld as tax under IITA Section 701.
b) Form of statement. The information required to be furnished an
employee under the preceding paragraph shall be furnished on an Internal Revenue
Service combined Wage and Tax Statement, Form W-2, W-2g or 1099-R, hereinafter
referred to as "combined W-2". Any reproduction, modification or
substitution for a combined W-2 by the employer must be approved by the
Department.
c) Time
for furnishing statement.
1) In general. Each statement required by this section to be
furnished for a calendar year, and each corrected statement required for any
prior year shall be furnished to the employee on or before January 31 of the
year succeeding such calendar year, or if an employee's employment is
terminated before the close of a calendar year, without expectation that it will
resume during the same calendar year, within 30 days from the day on which the
last payment of compensation is made.
2) Extension of time. An extension of time, not exceeding 30 days,
for furnishing the statements required by this section will be granted without
request upon the granting of a similar extension by the Internal Revenue
Service or by regulation under the Internal Revenue Code. Any extension of time
granted by reason of an extension by the Internal Revenue Service shall be
substantiated by the employer maintaining a copy of such federal extension for inspection
by the Department.
d) Corrections. An employer must furnish a corrected combined W-2
to an employee if, after the original statement has been furnished, an error is
discovered in either the amount of compensation shown to have been paid in Illinois
for the prior year or the amount of tax shown to have been deducted and
withheld in the prior year. Such statement shall be marked "corrected by the
employer".
e) Undelivered combined W-2. Any employee's copy of the combined
W-2 which, after reasonable effort, cannot be delivered to an employee, shall
be retained by the employer for a period of three years from the date required
by subsection (c)(1) above for furnishing the statement to the employee.
f) Lost or destroyed. If the combined W-2 is lost or destroyed,
the employer shall furnish two substitute copies to the employee and retain one
copy which shall be made available to the Department upon written request. All
such copies shall be clearly marked "Reissued by Employer".
g) See Section 100.7300 below for rules concerning the
recordkeeping requirements of employers.