Terms Used In Illinois Compiled Statutes > 50 ILCS 355 - Local Government Revenue Recapture Act

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Audit: means an agreed-upon procedures engagement in accordance with Statements on Standards for Attestation Engagements (AICPA Professional Standards, AT-C Section 315 (Compliance Attestation)). See Illinois Compiled Statutes 50 ILCS 355/10-15
• Certification program: means an instructional curriculum, examination, and process for certification, recertification, and revocation of certification of certified public accountants that is administered by the Department with the assistance of the Illinois CPA Society and that is officially approved by the Department to ensure that a certified public accountant possesses the necessary skills and abilities to successfully perform an attestation engagement for a limited-scope tax compliance review in a certified audit project under this Act. See Illinois Compiled Statutes 50 ILCS 355/10-15
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Revenue. See Illinois Compiled Statutes 50 ILCS 355/5-5
• Department: means the Department of Revenue. See Illinois Compiled Statutes 50 ILCS 355/10-15
• Dependent: A person dependent for support upon another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family member: means the following, whether by whole blood, half-blood, or adoption:
           (1) a parent or step-parent;
           (2) a child or step-child;
           (3) a grandparent or step-grandparent;
           (4) an aunt, uncle, great-aunt, or great-uncle;
           (4. See Illinois Compiled Statutes 50 ILCS 355/10-15
• Family member: means the following, whether by whole blood, half-blood, or adoption:
           (1) a parent or step-parent;
           (2) a child or step-child;
           (3) a grandparent or step-grandparent;
           (4) an aunt, uncle, great-aunt, or great-uncle;
           (4. See Illinois Compiled Statutes 50 ILCS 355/5-5
• Financial information: means the information provided to the municipality or county by the Department under Section 11 of the Retailers' Occupation Tax Act that is reported to the Department by a business located in a given municipality or county. See Illinois Compiled Statutes 50 ILCS 355/5-5
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Misallocation: means tax paid by the taxpayer and allocated to one unit of local government that should have been allocated to a different unit of local government. See Illinois Compiled Statutes 50 ILCS 355/10-15
• Monitoring disbursements: means keeping track of payments from the Department by a municipality, county, or third party for the limited purpose of tracking previous misallocations. See Illinois Compiled Statutes 50 ILCS 355/5-5
• Participating taxpayer: means any person subject to the revenue laws administered by the Department who is the subject of a tax compliance referral by a municipality, county, or third party, who enters into an engagement with a qualified practitioner for a limited-scope tax compliance review under this Act, and who is approved by the Department under the local government revenue recapture certified audit pilot project. See Illinois Compiled Statutes 50 ILCS 355/10-15
• Person: means an individual, sole proprietorship, corporation, registered limited liability partnership, limited liability company, partnership, professional service corporation, or any other form of organization. See Illinois Compiled Statutes 50 ILCS 355/5-5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Qualified practitioner: means a certified public accountant who is licensed or registered to perform accountancy activities in Illinois under Section 8. See Illinois Compiled Statutes 50 ILCS 355/10-15
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party: means a person, partnership, corporation, or other entity or individual registered to do business in Illinois who contracts with a municipality or county to review financial information related to the disbursement of local taxes by the Department to the municipality or county. See Illinois Compiled Statutes 50 ILCS 355/5-5
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.