86 Ill. Adm. Code 710.10
Definitions
Section 710
Section 710.10 Definitions
"Act"
means Public Act 90-753, 20 ILCS 2505/39b54, "AN ACT to amend the Civil
Administrative Code by adding Section 39b54."
"Annual
List" refers to the initial list of delinquent taxpayers, along with the
accumulated updates thereto, as disclosed by the Department during the course
of a one-year period. For purposes of the Annual List, the one-year period
shall commence upon publication of the initial list and close 365 days
thereafter.
"Delinquent"
refers to any final tax liability that has come due and remains unpaid. For
purposes of Section 710.20 of this Part, the taxpayer shall not be deemed a
delinquent taxpayer subject to disclosure if any of the following circumstances
apply:
there is a
written agreement for payment between the taxpayer and the Department, and the
taxpayer is current in all payments.
the taxpayer is contesting the liability by way of an administrative
hearing, administrative review, or judicial review. This exception includes
taxpayers that currently have a petition pending before the Department's Board
of Appeals.
the Department
is currently in the process of reviewing the liability.
the Department
is currently in the process of adjusting the liability.
the taxpayer
is a debtor in a bankruptcy proceeding and the Bankruptcy Court has in place a
stay of collection activity on the liability.
the taxpayer
is deceased.
"Delinquent
Taxpayer" means any taxpayer, whether an individual, trust, partnership,
corporation, or any other taxable entity, that is delinquent in the payment of
a final tax liability of a tax collected by the Department, as set forth in
Section 710.20, and thereby subject to disclosure under the Act.
"Department"
means the Department of Revenue of the State of Illinois.
"Disclosable
Information" means the name and address of the delinquent taxpayer, the
type or types of delinquent tax and the date on which each tax was assessed or
became final, the amount of each delinquent tax liability, and, in the case of
a corporate taxpayer, the name of the current president of record of the
corporation.
"Disclose"
means to publish or release a taxpayer's disclosable information not previously
disclosed under the Act within the same one-year period. The repeated
publication of identical disclosable information for a particular taxpayer in a
single one-year period does not constitute multiple disclosures.
"Disclosure"
means the publication or release of a taxpayer's disclosable information not
previously disclosed under the Act within the same one-year period.
"Final
Tax Liability" means a liability that has been assessed, is deemed
assessed, or is otherwise final for the purpose of enforced collection
activity. For the purposes of the Annual List, a liability does not qualify as
a Final Tax Liability where the Department has written off the liability after
deeming it uncollectable, unless the liability is later reinstated due to a
determination of collection potential.
"Notice
List" means the preliminary list of taxpayers deemed delinquent and
subject to disclosure under the requirements set forth in Section 710.20 of
this Part.