The Illinois Department of Revenue ICB-2, formally named the Offer of Disposition of a Proposed Assessment or Claim Denial, is a crucial document for individuals or entities seeking to resolve tax disputes through an informal conference process. It serves as an avenue for taxpayers to offer a settlement for consideration by the Informal Conference Board (ICB), provided there is reasonable uncertainty involving the facts or law and the settlement would serve the state's best interests. This form is not intended for offers based on inability to pay; such cases should be directed to the Board of Appeals following a final tax assessment. If you believe you have grounds for submitting an ICB-2 form, click the button below to begin the process.
Navigating the complexities of resolving tax disputes with the Illinois Department of Revenue can be a daunting task. Fortunately, the Illinois ICB-2 Offer of Disposition of a Proposed Assessment or Claim Denial form serves as a vital tool for individuals, businesses, and organizations looking to address disagreements regarding tax assessments or claim denials. This form enables taxpayers to make an offer to the Informal Conference Board (ICB) to settle such disputes, provided there is a legitimate uncertainty around the facts or the law concerning the case, and if settling would be in the state's best interest. It's important to note that this form specifically caters to offers of disposition and is not intended for offers in compromise based on the inability to pay. Taxpayers aiming to lessen their tax liability due to financial constraints must direct their petitions to the Board of Appeals following a final tax assessment. The ICB-2 form facilitates a structured process for taxpayers to outline their offer, including the amount, penalties involved, and detailed explanations supporting their stance for a resolution. A declaration of legitimacy, backed by legal and factual evidence, can significantly influence the ICB's decision to accept, reject, or counter an offer. Proper completion and submission of this form, therefore, play a crucial role in the potential resolution of tax disputes in Illinois.
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 ICB-2 form is an important step for individuals or entities that seek a resolution for a tax dispute regarding a proposed assessment or claim denial through the Informal Conference Board (ICB). This process facilitates an avenue for settlement by presenting a written offer, under conditions where the facts or law may not be clear-cut. Detailing the steps to correctly complete this form ensures the ICB has all the necessary information to make an informed decision on your offer.
After you've filled out the form accurately, it can be submitted along with Form ICB-1 for review by the Informal Conference Board. Ensure all the information is precise to facilitate a smooth resolution process. The ICB will notify you in writing regarding the acceptance, rejection, or request for modification of your offer. This step is crucial for resolving your tax dispute efficiently and favorably. Should you have any questions or need further assistance during the process, contacting the ICB directly can provide additional support.
What is the Illinois ICB-2 form used for?
The Illinois ICB-2 form is utilized when you're interested in making an offer of disposition to the Informal Conference Board (ICB) in order to settle a tax dispute. This could pertain to a proposed assessment or claim denial. This process is for cases where there's genuine uncertainty regarding the facts or law, and a resolution would best serve the interests of the State at that time.
Who should not complete this form?
If your aim is to make an offer in compromise based solely on your inability to pay the tax liability, this form is not intended for you. Instead, you should file a petition with the Board of Appeals after a final tax assessment has been issued.
What must be included in Step 1 of the form?
In Step 1, you need to provide personal, business, or organization identification details. This includes your name, address, contact info, Social Security number (SSN) or Federal Employer Identification Number (FEIN), Account ID, License no., and the audit ID or track number from the notice you received. If a representative will act on your behalf, their details are also required.
What information is required in Step 2 of the form?
Step 2 asks for the specifics of your offer to the ICB. This includes the amount you're offering to settle the tax dispute, any penalties for which you're seeking a waiver, and a detailed list of issues you're conceding to or disputing. Additionally, you need to provide a thorough explanation for why the ICB should accept your offer, including factual and legal bases to support your position.
How does the ICB evaluate offers?
The ICB reviews each offer to determine if resolving the dispute aligns with the best interests of the department and if there's legitimate uncertainty around the facts or laws involved in the case. Your offer can be accepted, rejected, or countered, based on their evaluation.
Are there any special instructions regarding the form's submission?
Form ICB-2 must be properly signed and dated either by you or your representative. It's crucial to include all required details in your submission. The form may be submitted alongside Form ICB-1, Request for Informal Conference Board Review, if applicable. Incomplete or improperly signed forms will not be considered by the ICB.
Can information provided in Form ICB-2 be used against me in future proceedings?
No, statements made in the completion of Form ICB-2 are considered part of good faith negotiations and are not admissible against you in any subsequent proceedings regarding the matter in dispute.
What happens after I submit the form?
After submission, you will receive a written notification of the ICB's decision regarding your offer. The decision could include acceptance, rejection, or a counter-offer based on their assessment of your situation.
Where do I send the completed ICB-2 form?
The completed form should be sent to the Informal Conference Board at the Illinois Department of Revenue located at 100 W. Randolph, #7-341, Chicago, IL 60601, unless it is submitted along with Form ICB-1.
What should I do if I need help completing the form?
If you require assistance or have any questions when completing the form, you can reach out to the ICB directly at 312 814-1722. Additional information and guidance are also available on the Illinois Department of Revenue's website, including access to 86 Ill. Adm. Code Part 215, Informal Conference Board regulations.
When completing the Illinois Department of Revenue ICB-2 form, which is an Offer of Disposition of a Proposed Assessment or Claim Denial, people often make several common mistakes. These errors can delay the review process or affect the outcome of their offer. It's important to fill out this form with attention to detail and accuracy. Below are four common mistakes individuals make:
Not fully identifying themselves or their business: It's crucial to provide all required identification details such as the taxpayer’s name, the current address including street address, city, state, ZIP, contact person (for business or organization), Social Security number (SSN), Federal employer identification number (FEIN), Account ID, and license number. Missing information can lead to processing delays or inability to properly consider the offer of disposition.
Omitting the audit ID or track number: The form requests the audit ID or track number from the notice received. This is essential for the Informal Conference Board (ICB) to identify the case. Skipping this detail can prevent the form from being matched with the appropriate case, possibly leading to rejection of the offer.
Incomplete information on the offer amount and issues to be conceded: The form requires specific net dollar amounts for the offer and details about penalties, issues to be conceded, and the total dollar amounts associated with each issue. Providing vague amounts or incomplete details about the issues can weaken the position or cause misunderstandings about the offer's scope.
Failing to thoroughly explain the reasons for the offer: One of the most critical sections is explaining why the ICB should accept your offer of disposition. This includes providing a factual and legal basis to support your position. Incomplete explanations or failing to attach necessary documentation can result in the offer not being fully understood or appreciated by the ICB.
By avoiding these common mistakes, filers can ensure their offer of disposition is properly reviewed by the Illinois Department of Revenue's Informal Conference Board.
When navigating through the complexities of resolving tax disputes in Illinois, particularly with the Illinois Department of Revenue, it's essential to be well-prepared with the necessary forms and documents. The ICB-2 form is a critical document for those making an offer of disposition to the Informal Conference Board (ICB) to settle a tax dispute, but it's often not the only document required in the process. Below is a list of other forms and documents that are commonly used alongside the ICB-2 form, each playing its unique role in the resolution process:
Understanding the purpose and requirements of each form and document is crucial in efficiently navigating the process of resolving tax disputes with the Illinois Department of Revenue. It's always best to review each document carefully and ensure accurate and complete information is provided to facilitate a smoother resolution process. When dealing with such matters, being meticulous and well-prepared can significantly influence the outcome in favor of a fair and reasonable resolution.
Form ICB-1, Request for Informal Conference Board Review: Similar to the ICB-2 form, the ICB-1 form is also used in Illinois for resolving tax disputes with the Department of Revenue. While ICB-2 is an offer of disposition for a proposed assessment or claim denial, ICB-1 initiates the request for a review by the Informal Conference Board. Both forms are part of the process for taxpayers seeking to resolve disputes without proceeding to formal legal challenges.
Form IL-1040-X, Amended Individual Income Tax Return: This form shares similarities with the ICB-2 form in that it's used by taxpayers to correct or amend previously filed tax returns. Both forms involve a process whereby taxpayers present information to the Illinois Department of Revenue to adjust tax liability. However, IL-1040-X is specifically for amending individual income taxes, while ICB-2 relates to broader tax dispute resolutions.
Form IDOR-1, Taxpayer's Statement of Intent (TSI): The TSI is used by taxpayers to communicate their intention to comply with tax obligations or to settle tax debts. Like the ICB-2 form, it involves an element of negotiation between the taxpayer and the Illinois Department of Revenue. Each form requires taxpayers to provide detailed information to support their case or position.
Offer in Compromise (OIC) Application: Similar to the ICB-2, an OIC application is designed for taxpayers to settle their tax debts for less than the full amount owed. Both documents are used in situations where there is a dispute or inability to pay the full tax liability. However, the key difference is the OIC's focus on inability to pay, while ICB-2 is specific to resolving disputes related to proposed assessments or claim denials with the possibility of uncertainty in facts or law.
When completing the Illinois ICB-2 form, Offer of Disposition of a Proposed Assessment or Claim Denial, there are specific actions you should take to ensure that the process is handled correctly. Below are listed things you should do and things you should avoid. Following these guidelines will help streamline the process and ensure that your offer is considered appropriately by the Informal Conference Board (ICB).
Do's:
Don'ts:
One common misconception is that the ICB-2 form can be used for any tax dispute, including those based on an inability to pay. However, this form is specifically meant for making an offer of disposition with the Informal Conference Board to settle a tax dispute where there is legitimate uncertainty about the facts or the law. For cases based solely on inability to pay, a petition with the Board of Appeals is the appropriate course of action after a final assessment has been issued.
Another misconception is that completing the ICB-2 form alone is sufficient for resolving a tax dispute. In reality, submitting this form is just one step in the process. The Informal Conference Board may accept, reject, or counter an offer of disposition. The outcome depends on the board's determination of what is in the best interests of the state.
There's also a misconception that the information provided on the ICB-2 form can be used against the taxpayer in future proceedings. The form instructions make it clear that statements made in completing the form are considered part of good faith negotiations and are not admissible against the taxpayer in any subsequent proceedings concerning the dispute.
Some believe that any representative can sign the ICB-2 form on behalf of the taxpayer. However, the form must be signed by the taxpayer or a representative who is duly authorized under a valid power of attorney. This ensures that any actions taken are legally binding and authorized.
Lastly, a common misconception is that the ICB-2 can be submitted at any time during a tax dispute. In reality, this offer of disposition must be presented following specific guidelines, including being accompanied by a Request for Informal Conference Board Review (Form ICB-1) in particular instances. This procedural requirement helps to streamline the review process and ensures that the board has all necessary information to make an informed decision.
When navigating the complexities of resolving tax disputes with the Illinois Department of Revenue, individuals and businesses might consider the option of submitting an ICB-2, Offer of Disposition of a Proposed Assessment or Claim Denial. Here are at least five key takeaways regarding the completion and use of this form:
This structured approach to dispute resolution via the ICB-2 form underscores the Illinois Department of Revenue’s commitment to providing a clear pathway for taxpayers to address and resolve disputes. It emphasizes the necessity for thoroughness, accuracy, and legal propriety in presenting one’s case to the Informal Conference Board.
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