a) Amount Withheld. Every employer required
to deduct and withhold a tax on compensation paid in Illinois to an individual
shall deduct and withhold for each payroll period an amount equal to the tax
rate in effect for the date the compensation is paid times the amount by which
that individual's compensation exceeds the proportionate part of his or her
withholding exemption attributable to the payroll period for which that
compensation is payable. "Payroll period" for Illinois withholding purposes
shall have the same definition as in
26
USC
3401 and shall include "miscellaneous
payroll period" as that term is defined and used in that section and the
regulations thereunder.
b) Methods
of Computations
1) General Rules. Employers
required to withhold Illinois income tax on compensation paid in this State
shall compute the amount of tax to be withheld for each payroll period pursuant
to the methods and rules provided for withholding on that compensation under
the Internal Revenue Code.
2)
Direct Percentage Computations
A) An employer
may elect a direct percentage computation to determine the amount of
withholding utilizing the following allowances per claimed exemption (see
Section 100.7150) for the appropriate payroll period. A tax rate in effect for
the date the compensation is paid is to be used in the determination of the
amount of tax to be withheld. For compensation paid in years prior to 1998, the
exemption is:
|
Weekly
|
$ 19.23
|
|
Bi-Weekly
|
38.46
|
|
Semi-monthly
|
41.67
|
|
Monthly
|
83.33
|
|
Quarterly
|
250.00
|
|
Semi-annually
|
500.00
|
|
Annually
|
1,000.00
|
|
Daily or Miscellaneous
|
2.74
|
For years after 1997, the basic amount of the exemption is
changed from $1,000. For those years, the amount of an exemption allocable to a
period of less than a year should be taken from the applicable version of
Booklet IL-700-T, Illinois Withholding Tax Tables, available from the
Department. If the Booklet IL-700-T is not available, these amounts can be
computed by multiplying the above amounts by a fraction equal to the amount of
exemption allowed for the year divided by $1,000.
B) The steps in computing the amount to be
withheld under the percentage method of withholding are as follows:
i) Step 1: Determine the amount of one
withholding exemption for the particular payroll period from the preceding
table;
ii) Step 2: Multiply the
amount determined in Step 1 by the number of exemptions claimed by the
employee;
iii) Step 3: Subtract the
amount determined in Step 2 from the employee's compensation;
iv) Step 4: Multiply the difference
determined in Step 3 by the tax rate in effect for the date the compensation is
paid. The result is the amount of tax to be withheld for the particular payroll
period.
C) If an
employee has claimed no withholding exemptions, either by filing a withholding
exemption certificate claiming zero exemptions or by not filing a withholding
exemption certificate, the amount to be withheld is the tax rate in effect for
the date the compensation is paid times the compensation payable for each
payroll period.
3)
Tables. An employer may elect to use the withholding tables set out in the
Booklet IL-700-T, Illinois Withholding Tax Tables, available from the
Department.
4) Other Methods
A) An employer may use any other method for
computing the amount of tax to be deducted and withheld for each payroll period
that is permitted for withholding for federal income tax purposes.
B) If the method for the computation of the
amount of tax to be deducted and withheld for federal income tax purposes
required prior approval of the Commissioner of Internal Revenue, then the
Department shall be notified of that federal approval by the submission of a
copy of the employer's request and the Commissioner's approval.
c) Supplemental Wage
Payments. An employee's compensation may consist of wages paid for a payroll
period and supplemental wages, such as bonuses, commissions, and overtime pay,
paid for the same or a different period or without regard to a particular
period. When supplemental wages are paid, the amount of tax required to be
withheld shall be determined in accordance with the same methods provided for
withholding on those wages under the Internal Revenue Code and the regulations
thereunder. However, an employer may elect to compute the amount of tax to be
withheld using the tax rate in effect for the date the compensation is
paid.
d) Vacation Pay. An amount of
so-called "vacation allowances" shall be subject to withholding as though they
were regular wage payments made for the period covered by the vacation. If the
vacation allowance is paid in addition to the regular wage payment for that
period, the allowance shall be treated as a supplemental wage
payment.