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.
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 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.
____________________________________________________________________________________________________________
Disclosure of this information is VOLUNTARY. This form has been approved by the Forms Management Center. IL-492-3508
ICB-2 (R-08/10)
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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.
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
100 W. Randolph, #7-341
Chicago, IL 60601
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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.
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.
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.
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.
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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.
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.
What is the purpose of the Illinois ICB-2 form?
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.
Who should not use the ICB-2 form?
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.
What information is necessary to complete the ICB-2 form?
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.·p>
How do you submit the ICB-2 form?
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.
What happens after submitting the ICB-2 form?
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.
Are negotiations made on the ICB-2 form admissible in future proceedings?
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.
What identification numbers are required on the ICB-2 form?
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.
Can a representative sign the ICB-2 form on my behalf?
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.
What if I need more space or have additional documentation to support my offer of disposition?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Following these guidelines meticulously can help streamline the process and increase the chances of a favorable outcome from the ICB.
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:
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.
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:
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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