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Illinois Payroll Tax Compliance - What Every Employer Must Know

Payroll errors cost businesses an average of $845 per year in IRS penalties. Many of those penalties are completely avoidable with the right knowledge and systems in place. This guide covers everything Illinois employers need to know about federal and state payroll obligations.

$845/year Average IRS penalty cost per business for payroll errors

Federal Payroll Taxes

Every employer in the United States is responsible for withholding, reporting, and depositing several federal payroll taxes. These are not optional - failure to comply results in some of the harshest penalties the IRS imposes.

Tax Employee Share Employer Share Details
Federal Income Tax Varies (based on W-4) None Withheld from employee wages based on their W-4 form selections. Employer calculates and remits.
Social Security (OASDI) 6.2% 6.2% Total 12.4%. Applies to wages up to the Social Security wage base of $168,600 (2025). No tax on wages above this threshold.
Medicare 1.45% 1.45% Total 2.9%. No wage base limit - applies to all wages regardless of amount.
Additional Medicare 0.9% None Applies only to employee wages exceeding $200,000 in a calendar year. Employee-only obligation.
FUTA (Federal Unemployment) None 6.0% (effectively 0.6%) Applies to the first $7,000 of each employee's wages. Most employers receive a 5.4% credit for state unemployment taxes paid, reducing the effective rate to 0.6%.

Understanding FICA

FICA (Federal Insurance Contributions Act) is the combined Social Security and Medicare tax. For most employees, the total FICA rate is 7.65% (6.2% + 1.45%), matched by the employer for a combined 15.3%. This is why self-employed individuals pay 15.3% in self-employment tax - they cover both sides.

Illinois State Taxes

In addition to federal obligations, Illinois employers have state-level payroll responsibilities. The good news: Illinois is simpler than many states because it has a flat income tax rate and no local income taxes.

Tax Rate Details
Illinois State Income Tax Flat 4.95% Withheld from all employee wages. Illinois uses a flat rate, so the calculation is straightforward - no tax brackets to navigate.
Illinois Unemployment Insurance (SUTA) New employer: 3.95% (2025) Paid by the employer only. Rate becomes experience-rated after a qualifying period based on your claims history. Wage base: $13,590 per employee for 2025.
Local Income Tax None Illinois does not impose local or city income taxes - unlike states such as Ohio, Pennsylvania, or Indiana where local withholding can be required.
Workers' Compensation Varies by industry Required for all Illinois employers. This is insurance, not a tax - but it's mandatory. Rates depend on your industry classification code and claims history.

Filing Deadlines

Missing a payroll filing deadline triggers automatic penalties. Mark these dates on your calendar and set reminders at least one week in advance.

Form What It Is Due Date(s)
Form 941 Quarterly federal payroll tax return. Reports income tax withheld, Social Security, and Medicare taxes. Jan 31, Apr 30, Jul 31, Oct 31
Form 940 Annual FUTA (federal unemployment tax) return. January 31 (annually)
IL-941 Illinois quarterly withholding tax return. Reports state income tax withheld from employee wages. Same as federal: Jan 31, Apr 30, Jul 31, Oct 31
W-2 Forms Annual wage and tax statements for each employee. Furnish to employees by Jan 31. File with SSA by Jan 31.
1099-NEC Forms Non-employee compensation for independent contractors paid $600+. Furnish to contractors by Jan 31. File with IRS by Jan 31.

Federal Tax Deposit Schedules

The IRS requires you to deposit (not just file) payroll taxes on a specific schedule. Your deposit frequency is determined by the amount of taxes you reported in a "lookback period" - the 12-month period ending June 30 of the prior year.

Monthly Depositor

If you reported $50,000 or less in payroll taxes during the lookback period, you're a monthly depositor. Deposit all payroll taxes accumulated during a calendar month by the 15th of the following month.

Semi-Weekly Depositor

If you reported more than $50,000, you're a semi-weekly depositor:

  • Wednesday, Thursday, or Friday paydays: Deposit by the following Wednesday.
  • Saturday, Sunday, Monday, or Tuesday paydays: Deposit by the following Friday.

$100,000 Next-Day Rule

Regardless of your deposit schedule, if you accumulate $100,000 or more in payroll tax liability on any single day, you must deposit the taxes by the next business day. This rule also automatically makes you a semi-weekly depositor for the remainder of the calendar year and the following year.

Pro Tip: Use EFTPS

All federal payroll tax deposits must be made electronically through the Electronic Federal Tax Payment System (EFTPS) at eftps.gov. Set up your account well before your first deposit is due - enrollment can take 5-7 business days. Consider scheduling payments in advance to avoid last-minute issues.

Common Payroll Penalties

Payroll penalties are among the most expensive and least forgiving the IRS imposes. Unlike some other tax penalties, payroll penalties can be assessed against business owners personally.

Failure to Deposit on Time

2% if 1-5 days late. 5% if 6-15 days late. 10% if 16+ days late. 15% if still unpaid 10+ days after first IRS notice. These penalties apply to the amount of the underpayment.

Failure to File Form 941

5% of unpaid tax per month, up to a maximum of 25%. If you file more than 60 days late, the minimum penalty is $510 or 100% of the unpaid tax (whichever is less).

Employee Misclassification

If you misclassify employees as independent contractors, you owe 100% of the FICA taxes you should have withheld, plus the employer's share. Additional penalties and interest apply.

Trust Fund Recovery Penalty

The IRS can hold "responsible persons" personally liable for unpaid withholding taxes. This means your personal assets - house, bank accounts, wages - are at risk. This penalty equals 100% of the unpaid trust fund taxes.

Warning: The Trust Fund Recovery Penalty

The Trust Fund Recovery Penalty (TFRP) is one of the most serious IRS penalties in existence. The IRS can pierce the corporate veil and go after your personal assets for unpaid payroll taxes. "Trust fund taxes" include the income tax and FICA taxes you withheld from employee paychecks - money that was never yours to spend. Never "borrow" from payroll tax funds to cover other business expenses. The IRS treats this as theft from employees and the government, and they pursue it aggressively. Anyone who has authority over the company's financial decisions can be held personally liable - including owners, officers, and even bookkeepers in some cases.

Employee vs. Independent Contractor

Worker misclassification is one of the IRS's top enforcement priorities. Getting this wrong exposes you to back taxes, penalties, and potential audits. The IRS examines three categories when determining a worker's status:

Employee

  • You control when, where, and how they work
  • You provide tools, equipment, and training
  • They work set hours and receive regular pay
  • They work primarily (or exclusively) for you
  • The relationship is ongoing and indefinite
  • You provide benefits (insurance, paid time off)
  • You must: Withhold taxes, pay FICA, provide W-2

Independent Contractor

  • They control their own methods and schedule
  • They provide their own tools and equipment
  • They are paid per project or deliverable
  • They work for multiple clients
  • The relationship is project-based with a defined end
  • They handle their own taxes and benefits
  • You must: Issue 1099-NEC if you pay $600+

The IRS looks at three factors: behavioral control (do you direct how they do their work?), financial control (do you control their business expenses, provide tools, or determine pay structure?), and type of relationship (is there a contract, benefits, or permanence?). No single factor is decisive - it's the overall picture that matters.

When In Doubt, Ask

If you're unsure whether a worker should be classified as an employee or contractor, file Form SS-8 with the IRS for an official determination. It's better to ask upfront than to be hit with years of back taxes and penalties. You can also consult with a CPA who understands employment tax law.

Illinois New Hire Reporting

Illinois law requires employers to report all newly hired and re-hired employees to the Illinois Department of Employment Security (IDES) within 20 days of their start date. This applies to:

  • All new employees (full-time, part-time, and temporary)
  • Employees returning to work after a separation of 60+ consecutive days
  • Independent contractors (reported separately on Form 1099-MISC/NEC information)

The required information includes the employee's name, address, Social Security number, date of hire, and your employer identification number (EIN). You can report online through the IDES website, by fax, or by mail.

New hire reporting is used to enforce child support orders and detect unemployment insurance fraud. Failure to report can result in fines of $15 per late report, increasing to $500 if the failure is the result of a conspiracy between the employer and employee.

Key Takeaways for Illinois Employers

  1. Never delay payroll tax deposits. Penalties start accruing immediately and compound quickly. Set up automatic deposits through EFTPS.
  2. Classify workers correctly from day one. It's far cheaper to get it right upfront than to reclassify workers after an IRS audit.
  3. Keep impeccable records. Maintain copies of all W-4s, I-9s, payroll registers, tax deposits, and quarterly returns for at least 4 years.
  4. Never use payroll tax money for other purposes. The Trust Fund Recovery Penalty makes this a personal liability issue, not just a business one.
  5. File on time, every time. Even if you can't pay the full amount, file the return. The failure-to-file penalty is much worse than the failure-to-pay penalty.
  6. Review your SUTA rate annually. Your Illinois unemployment insurance rate changes based on your claims history. A lower rate saves real money.

Let Us Handle Your Payroll Compliance

Payroll compliance is complex but critical. Our team handles everything - from calculating paychecks to filing quarterly and annual tax returns - so you never have to worry about missed deadlines or penalties. We stay current on federal and Illinois state requirements, and we proactively alert you to changes that affect your business.

Whether you have 2 employees or 200, we scale our payroll services to fit your needs and budget. Schedule a free consultation to discuss what makes the most sense for your business.

Tired of Worrying About Payroll Compliance?

Our team handles paychecks, tax filings, and compliance so you can focus on running your business. Schedule a free consultation to learn more.

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