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Illinois Issues Tax Filing Guidance on Unemployment Compensation

Dated Mar. 24, 2021

SUMMARY BY TAX ANALYSTS

The Illinois Department of Revenue released guidance for taxpayers who received unemployment benefits in 2020, explaining that the American Rescue Plan Act of 2021 (P.L. 117-2) affects the tax treatment of the first $10,200 of benefits for recipients with 2020 adjusted gross income below $150,000, and clarifying how taxpayers should proceed depending on whether they have already filed their 2020 state income tax returns.

American Rescue Plan Act of 2021 — Nontaxable Unemployment Benefits

(Updated 3/22/21)

The federally enacted American Rescue Plan Act of 2021 includes a retroactive provision making the first $10,200 per taxpayer of 2020 unemployment benefits nontaxable for individuals with an Adjusted Gross Income of less than $150,000.

If you have not filed — You may file your Illinois return once you have filed your federal return. Taxpayers will not be required to add back any of the nontaxed unemployment benefits in computing their Illinois base income.

If you have filed — IDOR is looking at ways to systematically adjust returns that have already been filed. We will issue guidance for taxpayers and tax professionals on the process for obtaining a refund if nontaxed unemployment benefits were included on a previously filed 2020 Illinois tax return. Therefore, taxpayers who received unemployment benefits last year and have already filed their 2020 Illinois tax return should not file an amended return at this time.

The Internal Revenue Service has provided guidance on how to report unemployment benefits and take advantage of the income exclusion on Schedule 1 of the Form 1040. Taxpayers should follow those instructions in computing the federal Adjusted Gross Income that carries over to Line 1 of the Form IL-1040.

For additional information, please review the IRS article: New Exclusion of up to $10,200 of Unemployment Compensation [https://www.irs.gov/forms-pubs/changes-to-current-forms-publications].

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