Fill a Valid Illinois Icb 2 Template Open Editor

Fill a Valid Illinois Icb 2 Template

The Illinois ICB-2 form serves as a formal proposal to the Informal Conference Board (ICB) for resolving disputes regarding proposed assessments or claim denials by the Illinois Department of Revenue. This Offer of Disposition of a Proposed Assessment or Claim Denial form is utilized when there exists a legitimate uncertainty about the facts or law involved, and it's in the state's best interest to settle. If you're navigating through a tax dispute and believe this form applies to your situation, click the button below to start the submission process.

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Navigating tax disputes can often feel like a journey through a dense forest without a map. There is, however, a beacon of guidance for those in Illinois facing the ominous reality of a proposed assessment or claim denial from the Illinois Department of Revenue—the ICB-2 form. This form serves as an offer of disposition with the Informal Conference Board (ICB), a critical step for taxpayers seeking to settle tax disputes without the need for extensive legal proceedings. It's important for taxpayers to understand that the ICB will only consider offers that aim to resolve uncertainties in facts or law that are not in the best interest of the state to pursue further at that time. It's not a path for those unable to pay due to financial hardships; such situations require petitioning the Board of Appeals. With a strict structure that demands detailed identification and exhaustive clarification of the offer, including the amounts and types of penalties and issues being contested, it provides a structured yet flexible means to negotiate. So, when facing the daunting reality of a tax dispute, filling out the ICB-2 form thoroughly and judiciously becomes a crucial step towards a resolution that could potentially save significant time, stress, and financial resource.

Illinois Icb 2 Sample

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

ICB-2 (R-08/10)

Page 1 of 3

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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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

Form Details

Fact Name Detail
Form Purpose For making an offer of disposition with the Informal Conference Board (ICB) to settle a tax dispute.
Eligibility Criteria The ICB may accept an offer only where there's legitimate uncertainty regarding the facts or law in the case and it's in the best interest of the State.
Exclusion Not to be used for offers in compromise based on inability to pay.
Alternative for Inability to Pay If seeking relief based on inability to pay, one should file a petition with the Board of Appeals after a final tax assessment.
Required Identifiers Includes taxpayer's name, address, SSN, FEIN, Account ID, and License no.
Representation Allowance for a representative to act during the informal conference process, requiring their name, phone, and fax no.
Offer Details Must specify the offer amount, penalty type(s) if applicable, and a detailed explanation of the reasons supporting the offer.
Governing Law 86 Ill. Adm. Code Part 215, Informal Conference Board rules.

Illinois Icb 2 - Usage Guidelines

Filling out the Illinois Department of Revenue ICB-2 form is an important step in attempting to resolve a tax dispute through an offer of disposition with the Informal Conference Board (ICB). This process allows for a resolution when there's genuine uncertainty about the facts or laws related to the case, aimed at achieving a settlement that serves the best interests of the State. To ensure a smooth process, carefully following the step-by-step instructions is crucial. This guide will walk you through each part of the form to help you complete it accurately.

  1. Identify yourself, your business, or your organization:
    1. Write the taxpayer’s name.
    2. Fill in the current address, including street, city, state, and ZIP code.
    3. Provide a daytime phone number and fax number, if available.
    4. For a business or organization, write the contact person's name.
    5. Enter the SSN (Social Security number) or FEIN (Federal employer identification number), as applicable.
    6. Include any relevant Account ID.
    7. Fill in the License number if applicable.
    8. Write the audit ID or track number from the notice you received.
    9. If represented during the informal conference process, include the representative’s name, phone number, and fax number.
  2. Provide the following information:
    1. State the specific net dollar amount of your offer.
    2. Identify the penalty type(s) and the amount of penalty, if applying for a waiver.
    3. Detail all issues to be conceded, including the total and offered amount for each issue. Attach additional sheets if necessary.
    4. Explain why the ICB should accept your offer, including all factual and legal bases. Attach additional documentation as needed.
  3. Signature and Date: The form must be signed and dated by the taxpayer or the taxpayer’s duly authorized representative. Include the title if applicable. Remember, an offer without a proper signature cannot be considered by the ICB.

After filling out the form with the necessary information and signing it, submit the document to the Informal Conference Board at the specified address. Make sure to keep a copy of the form and any attachments for your records. A correctly completed and submitted form is the first step toward resolving your tax dispute. Remember, assistance is available if you encounter difficulties or have questions during this process.

Get Answers on Illinois Icb 2

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

  2. The Illinois ICB-2 form, Offer of Disposition of a Proposed Assessment or Claim Denial, is designed for taxpayers looking to make an offer to the Illinois Department of Revenue’s Informal Conference Board (ICB) to settle a tax dispute regarding a proposed assessment or a claim denial. This form becomes relevant when there is legitimate uncertainty about the facts or the law in your case, and settling it at this point would be in the best interests of the State.

  3. Who should not use the ICB-2 form?

  4. If your sole basis for seeking relief from your tax liability is an inability to pay, the ICB-2 form is not the correct avenue. Instead, you should file a petition with the Board of Appeals after receiving a final tax assessment.

  5. What information is necessary to complete the ICB-2 form?

  6. To properly fill out the ICB-2 form, be prepared to provide your personal or business identification details, the specific net dollar amount of your offer, any penalties for which you are requesting a waiver, a detailed account of all issues that are to be conceded by either you or the department, and a thorough explanation of why the ICB should accept your offer, including all pertinent legal or factual bases.

  7. How do you submit the ICB-2 form?

  8. The completed ICB-2 form can be submitted alongside Form ICB-1, which is a Request for Informal Conference Board Review. The combination of these forms assists in facilitating a discussion or review of your tax dispute at an informal level with the ICB.

  9. What happens after submitting the ICB-2 form?

  10. Upon reviewing your submission, the ICB may either accept, reject, or provide a counter to your offer of disposition. The decision will be communicated to you in writing.

  11. Are negotiations made on the ICB-2 form admissible in future proceedings?

  12. Statements and negotiations made in the process of completing and submitting the ICB-2 form are considered to have been made in good faith and will not be used against you in any further proceedings regarding the matter in controversy.

  13. What identification numbers are required on the ICB-2 form?

  14. You will need to provide your Taxpayer’s identification number (Social Security Number for individuals or Federal Employer Identification Number for businesses), your Account ID, and License number if applicable. Also, noting the audit ID or track number from any notice you received is essential for processing.

  15. Can a representative sign the ICB-2 form on my behalf?

  16. Yes, a duly authorized representative can sign the form; however, this authority must be properly documented under a valid power of attorney. The representative’s name, contact information, and signature are necessary on the form.

  17. What if I need more space or have additional documentation to support my offer of disposition?

  18. If the space provided on the ICB-2 form is insufficient, you are encouraged to attach additional sheets. It is important to be as complete and thorough as possible, including all supporting documentation and references for your explanation and reasoning behind your offer of disposition.

Common mistakes

  1. Not correctly identifying oneself, one's business, or organization as required in Step 1. This section is crucial for the Illinois Department of Revenue to know who is making the offer of disposition, and failing to complete it accurately can lead to misunderstandings or a rejection of the form.

  2. Entering incorrect or incomplete contact information, including the daytime phone number or fax number. Accurate communication channels are vital for any follow-up correspondence or clarification that might be needed.

  3. Failing to provide the audit ID or track number from the notice received. This number is essential for linking the offer of disposition to the specific tax dispute in question.

  4. Leaving the representative section empty when representation is involved, or not providing complete contact details for the representative. This oversight can cause delays if the department cannot contact the representative during the informal conference process.

  5. Specifying an incorrect or vague offer amount in Step 2, Line 1. The offer must be a precise net dollar amount; otherwise, the ICB cannot properly consider the proposal.

  6. Omitting penalty type(s) and amounts if requesting a waiver of penalties. This information is crucial for the ICB to understand the complete picture of what the taxpayer is asking for.

  7. Not clearly identifying all issues to be conceded by the taxpayer or the department, including the total and specific dollar amounts being contested. Clarity and detail in this section help the ICB make an informed decision regarding the offer.

  8. Providing an inadequate explanation of why the ICB should accept the offer of disposition, including lacking factual and legal bases to support the position and offer. A thorough explanation can significantly influence the ICB's decision.

  9. Forgetting to attach additional sheets when more space is needed to explain the offer or to list all issues being conceded. This mistake can result in an incomplete presentation of the taxpayer's position.

  10. Submitting the form without the proper signature and date in Step 3, as unsigned offers will not be considered by the ICB. This final oversight can invalidate the entire effort.

In conclusion, when completing the Illinois ICB-2 form, attention to detail and thoroughness are paramount. Mistakes can not only delay the process but may also impact the outcome of the tax dispute settlement. By avoiding these common errors and providing complete and accurate information, taxpayers increase their chances of a favorable resolution.

Documents used along the form

When resolving tax disputes, particularly in the state of Illinois, the ICB-2 form acts as a crucial document for offering a disposition on a proposed assessment or claim denial. However, to effectively navigate the process, understanding and gathering other relevant forms and documents is equally important. These supplementary forms not only aid in providing comprehensive details about the tax dispute but also ensure that all procedural requirements are met for the optimal chance of a favorable outcome.

  • Form ICB-1, Request for Informal Conference Board Review: This form is typically submitted alongside the ICB-2. It initiates the process by requesting a review of the tax dispute before the Informal Conference Board, setting the stage for negotiations or settlement discussions.
  • Form IL-2848, Power of Attorney and Declaration of Representative: This allows taxpayers to authorize an individual, such as a lawyer or accountant, to represent them in matters before the Illinois Department of Revenue. Representation might be crucial for navigating the intricacies of tax disputes effectively.
  • Form IL-4562, Special Depreciation: For cases where depreciation calculations play into the tax dispute, this form provides necessary details on any special depreciation adjustments claimed on taxpayer assets.
  • Form IL-1040, Individual Income Tax Return: In disputes involving individual income taxes, the most recent tax return can provide a baseline for discussions. It offers comprehensive details on the taxpayer’s income, deductions, and credits claimed for the year in question.
  • Form IL-941, Illinois Withholding Income Tax Return: For disputes involving withheld taxes from employees, this form is critical. It details the amount of income tax withheld from employees' wages, which could be at the heart of the dispute.
  • Notice of Proposed Deficiency or Proposed Liability: These notices often precede the tax dispute process, informing the taxpayer of the state’s initial findings and proposed tax adjustments. They provide a clear starting point for what issues are in dispute.
  • Supporting Documentation: This encompasses various documents such as financial statements, receipts, contracts, and correspondence relevant to the tax dispute. Essential for substantiating the taxpayer’s position, these documents play a critical role in the review process, especially when attached as additional sheets to the ICB-2 form.

In conclusion, while the ICB-2 form is vital for offering a settlement or disputing a claim with the Illinois Department of Revenue, it is seldom the lone document involved in the process. A properly prepared case integrates various other forms and supporting documentation, laying a solid foundation for the taxpayer’s argument. Such a comprehensive approach not only facilitates a more thorough review by the Informal Conference Board but also enhances the taxpayer's chance for a favorable resolution.

Similar forms

The Illinois ICB-2 form is similar to other types of resolution forms used by various state agencies and departments across the United States, designed to facilitate the process of resolving tax disputes. One such document is the IRS Form 656, Offer in Compromise. This document allows taxpayers to settle their tax liabilities for less than the full amount owed. Both forms aim to provide a path to resolution when there is a genuine uncertainty about the facts or law regarding a tax assessment or when it's in the interest of the state or federal government to settle at that time. However, while the ICB-2 form is specific to Illinois and involves the Informal Conference Board in the decision process, the IRS Form 656 applies federally and is processed by the IRS.

Another document the ICB-2 mirrors in function is the State Board of Equalization (SBE) Offer in Compromise form used in states like California. Similar to the ICB-2, this form is intended for taxpayers seeking to resolve disputes pertaining to assessments issued by state revenue departments. They both allow taxpayers to make an offer that represents a compromise on the disputed amount based on a detailed examination of the taxpayer's ability to pay, disputed liability, or other factors. The key difference lies in the specific state policies and procedures guiding these forms, and while the Illinois form engages the Illinois Department of Revenue through the ICB, the SBE form works within its respective state's administrative framework.

Dos and Don'ts

When filling out the Illinois ICB-2 form, certain steps should be followed meticulously to ensure your offer of disposition is correctly submitted to the Informal Conference Board (ICB). Here are the things you should and shouldn't do:

  • Do thoroughly identify yourself, your business, or organization in Step 1, including all relevant contact information and identification numbers to ensure the ICB can accurately process your offer.
  • Do write the specific net dollar amount of your offer in Step 2 (Line 1), making it clear how much you are proposing to settle the tax dispute for.
  • Do provide a clear and thorough explanation of why the ICB should accept your offer in Step 2 (Line 4), including all factual and legal bases to support your position.
  • Do properly sign and date the form in Step 3, as the ICB will not consider any offer of disposition that is not properly signed by you or your duly authorized representative.
  • Don't forget to include the amount of penalty and the penalty type(s) in Step 2 (Line 2) if you are requesting the ICB to consider a waiver of penalty as part of your offer.
  • Don't omit any issue you propose to be conceded by you or by the department in Step 2 (Line 3). Make sure to outline the total dollar amount assessed for each issue and the specific dollar amount you are offering to settle each issue.
  • Don't leave out any supporting documentation or references to case law, statutory, regulatory, or other legal bases which support your position. Attachment of additional sheets is recommended if more space is required.

Following these guidelines meticulously can help streamline the process and increase the chances of a favorable outcome from the ICB.

Misconceptions

Many misunderstandings surround the use of the Illinois Department of Revenue's ICB-2 form, also known as the Offer of Disposition of a Proposed Assessment or Claim Denial. Clarification of these myths can help taxpayers navigate their tax dispute resolutions more effectively. Here are six common misconceptions and the truths behind them:

  • Myth 1: The ICB-2 form is for any tax dispute. Contrary to this belief, the ICB-2 form is specifically for making an offer of disposition to the Informal Conference Board (ICB) regarding a proposed assessment or claim denial when there’s legitimate uncertainty about the facts or law.
  • Myth 2: Completing an ICB-2 form guarantees a favorable resolution. Filling out the form and submitting an offer does not guarantee acceptance. The ICB will review the offer, which may be accepted, rejected, or countered based on its assessment of the case.
  • Myth 3: The ICB-2 form is suitable for compromise based on inability to pay. This form is not intended for offers in compromise based on an inability to pay; such requests should be directed to the Board of Appeals following a final tax assessment.
  • Myth 4: Any tax dispute can be immediately taken to the ICB using form ICB-2. Before attempting to resolve a dispute using the ICB-2 form, taxpayers should ensure that their case involves issues where facts or law are uncertain and that resolution via the ICB is appropriate and in the state’s best interest.
  • Myth 5: There is no need to thoroughly explain the rationale behind the offer. The ICB requires a comprehensive explanation of the reasons for the offer, including any factual and legal basis supporting the position and offer of disposition. Incomplete explanations may lead to rejection of the offer.
  • Myth 6: Representation during the informal conference process is not necessary. While not mandatory, having a representative can be beneficial, especially in complex cases. If choosing representation, their contact information must be provided on the form, and they must be authorized under a valid power of attorney.

Understanding these aspects of the ICB-2 form can greatly improve a taxpayer's chances of successfully resolving tax disputes with the Illinois Department of Revenue. It is essential to approach these situations with clear information and realistic expectations.

Key takeaways

Filling out the Illinois Department of Revenue ICB-2 form is an important step for taxpayers seeking to resolve disputes regarding proposed assessments or claim denials. Here are six key takeaways to understand when engaging in this process:

  • Individuals, businesses, or organizations making an offer of disposition to the Informal Conference Board (ICB) for tax disputes should use the ICB-2 form. This offer is appropriate only when there is legitimate uncertainty about facts or law, and it serves the State's interest to settle at this time.
  • Before completing the form, one should ensure that the dispute is not related to an inability to pay. Cases focused solely on financial hardship should be directed to the Board of Appeals after a final tax assessment has been issued.
  • The form requires detailed identification, including taxpayer's name, address, contact information, Social Security number, Federal Employer Identification Number (FEIN), Account ID, and License number. Additionally, the audit ID or track number from the notice received must be provided.
  • When filling out the form, applicants must specify the amount of their offer to settle the dispute, detail any penalties for consideration, and clearly identify and concede issues part of their offer. Comprehensive explanation and legal basis supporting the offer's acceptance by the ICB must be presented, with additional sheets attached if necessary.
  • Effective communication with the ICB is facilitated through the form by providing a slot for representation details, ensuring that a representative with a valid power of attorney can act on the taxpayer's behalf during the informal conference process.
  • The process concludes with the requirement that the form be signed and dated by the taxpayer or their authorized representative, certifying the authority to make the offer of disposition on behalf of the taxpayer. This final step is crucial for the ICB to consider the offer formally.

It is vital for those going through this process to fill out the form with accurate and thorough information, as it lays the groundwork for potentially resolving tax disputes in a manner beneficial to both the taxpayer and the state.

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