Illinois Department of Revenue
 
 
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What are my protest rights?

 
 
Answer #535 -- ( Published 04/05/2006 10:59 AM | Updated 08/08/2012 10:01 AM )

What are my protest rights?

In certain instances, you have the right to file a written protest if you disagree with us.  The written protest must be filed within certain time frames and you may request a hearing.  You must specifically state that you are filing a protest and requesting a hearing.  Your protest rights will be explained on any protestable notice that we send you. 

  • If you do not agree with an audit or notice, you generally have 60 days from the date a notice of tax liability or a notice of deficiency is served to file a written protest with us.  Interest will continue to accrue on the deficiency while a protest is pending.  If you do not file a protest to a department notice in the specified time frame, you will not be allowed a hearing, the assessment will become final, and we will begin collection activity. 
  • If we deny a claim for credit or refund, you must file a written protest within 60 days or, in the case of income taxes, you may file a written protest and request a hearing if six months have expired since the claim was filed without a notice of denial being issued.  Interest will accrue on the overpayment while a protest is pending.  If you do not protest the denial of a claim on time, you will not be allowed a hearing.  Except for income tax accounts, you may not file a claim for credit or refund if the amount claimed was assessed by a notice of tax liability that became or was allowed to become a final assessment.   

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