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Form 1099-MISC Illinois: What You Should Know

The noncorporate service provider reporting must include Form 1099-MISC by completing and mailing Form 1099-MISC with the required documentation to the state. What is the state of Illinois's definition of employer? In Illinois, an employer is an organization that has an established place of business (business address) in Illinois. An employer is a noncontinuous proprietor business entity (and only a proprietor business entity can be called a “business”) that engages in interstate or foreign commerce in the regular course of such activity which is: (c) A business at its established place of business. (d) Which is an “enterprise” within the meaning of the Illinois Business Corporation Act. An organization is an enterprise for purposes of this definition if it: Operates its business in the State of Illinois. (b) Is a foreign corporation, and its principal place of business is outside the State of Illinois. (d) Is a foreign partnership, and its principal place of business is outside the State of Illinois (and only if it is an entity described in (c) above). A corporation is not an organization if it is directly or indirectly established in Illinois by the laws of another state or by a foreign government. However, a corporation that is “incorporated in Illinois” within the meaning of Illinois Business Corporation Act, Article XIV, is considered a business whether it operates in Illinois. The Illinois law defines a nonresident as any person residing or doing business, either directly or indirectly, in the United States. The Illinois Business Corporation Act defines a corporation incorporated in Illinois as a “limited liability company” which is limited in its ability to engage in activities, contracts, or dealing in Illinois, and limited to the ownership of stock in the corporation located in Illinois. The Illinois Business Corporation Act excludes most corporations that are established in other states unless they have had their Illinois activities or contracts or dealing (or, if their Illinois activities or contracts or dealing includes the ownership of stock in, or use of money or other property of, a corporation established in a state other than Illinois, the activities or contract, or the dealing is conducted as an officer, director or employee of a corporation established in a non-Illinois state) in Illinois prior to establishment and the activities or contract, or dealing are conducted as an officer, director or employee of a corporation established in a state other than Illinois.

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