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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | |||||||||||||||||||||||||||||||||||||
5 | Sections 5.935 and 6z-114 as follows: | |||||||||||||||||||||||||||||||||||||
6 | (30 ILCS 105/5.935 new) | |||||||||||||||||||||||||||||||||||||
7 | Sec. 5.935. The Youthbuild Assistance Fund. | |||||||||||||||||||||||||||||||||||||
8 | (30 ILCS 105/6z-114 new) | |||||||||||||||||||||||||||||||||||||
9 | Sec. 6z-114. Youthbuild Assistance Fund; creation. The | |||||||||||||||||||||||||||||||||||||
10 | Youthbuild Assistance Fund is hereby created as a special fund | |||||||||||||||||||||||||||||||||||||
11 | in the State treasury. Moneys in the Fund may be used, subject | |||||||||||||||||||||||||||||||||||||
12 | to appropriation, to provide grants related to youth | |||||||||||||||||||||||||||||||||||||
13 | programming. | |||||||||||||||||||||||||||||||||||||
14 | Section 10. The Use Tax Act is amended by changing | |||||||||||||||||||||||||||||||||||||
15 | Sections 3-10 and 9 as follows:
| |||||||||||||||||||||||||||||||||||||
16 | (35 ILCS 105/3-10)
| |||||||||||||||||||||||||||||||||||||
17 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | |||||||||||||||||||||||||||||||||||||
18 | Section, the tax
imposed by this Act is at the rate of 6.25% of | |||||||||||||||||||||||||||||||||||||
19 | either the selling price or the
fair market value, if any, of | |||||||||||||||||||||||||||||||||||||
20 | the tangible personal property. In all cases
where property |
| |||||||
| |||||||
1 | functionally used or consumed is the same as the property that
| ||||||
2 | was purchased at retail, then the tax is imposed on the selling | ||||||
3 | price of the
property. In all cases where property | ||||||
4 | functionally used or consumed is a
by-product or waste product | ||||||
5 | that has been refined, manufactured, or produced
from property | ||||||
6 | purchased at retail, then the tax is imposed on the lower of | ||||||
7 | the
fair market value, if any, of the specific property so used | ||||||
8 | in this State or on
the selling price of the property purchased | ||||||
9 | at retail. For purposes of this
Section "fair market value" | ||||||
10 | means the price at which property would change
hands between a | ||||||
11 | willing buyer and a willing seller, neither being under any
| ||||||
12 | compulsion to buy or sell and both having reasonable knowledge | ||||||
13 | of the
relevant facts. The fair market value shall be | ||||||
14 | established by Illinois sales by
the taxpayer of the same | ||||||
15 | property as that functionally used or consumed, or if
there | ||||||
16 | are no such sales by the taxpayer, then comparable sales or | ||||||
17 | purchases of
property of like kind and character in Illinois.
| ||||||
18 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
19 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
20 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
21 | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| ||||||
22 | Beginning on August 6, 2010 through August 15, 2010, with | ||||||
23 | respect to sales tax holiday items as defined in Section 3-6 of | ||||||
24 | this Act, the
tax is imposed at the rate of 1.25%. | ||||||
25 | With respect to gasohol, the tax imposed by this Act | ||||||
26 | applies to (i) 70%
of the proceeds of sales made on or after |
| |||||||
| |||||||
1 | January 1, 1990, and before
July 1, 2003, (ii) 80% of the | ||||||
2 | proceeds of sales made
on or after July 1, 2003 and on or | ||||||
3 | before July 1, 2017, and (iii) 100% of the proceeds of sales | ||||||
4 | made
thereafter.
If, at any time, however, the tax under this | ||||||
5 | Act on sales of gasohol is
imposed at the
rate of 1.25%, then | ||||||
6 | the tax imposed by this Act applies to 100% of the proceeds
of | ||||||
7 | sales of gasohol made during that time.
| ||||||
8 | With respect to majority blended ethanol fuel, the tax | ||||||
9 | imposed by this Act
does
not apply
to the proceeds of sales | ||||||
10 | made on or after July 1, 2003 and on or before
December 31, | ||||||
11 | 2023 but applies to 100% of the proceeds of sales made | ||||||
12 | thereafter.
| ||||||
13 | With respect to biodiesel blends with no less than 1% and | ||||||
14 | no more than 10%
biodiesel, the tax imposed by this Act applies | ||||||
15 | to (i) 80% of the
proceeds of sales made on or after July 1, | ||||||
16 | 2003 and on or before December 31, 2018
and (ii) 100% of the | ||||||
17 | proceeds of sales made
thereafter.
If, at any time, however, | ||||||
18 | the tax under this Act on sales of biodiesel blends
with no | ||||||
19 | less than 1% and no more than 10% biodiesel
is imposed at the | ||||||
20 | rate of
1.25%, then the
tax imposed by this Act applies to 100% | ||||||
21 | of the proceeds of sales of biodiesel
blends with no less than | ||||||
22 | 1% and no more than 10% biodiesel
made
during that time.
| ||||||
23 | With respect to 100% biodiesel and biodiesel blends with | ||||||
24 | more than 10%
but no more than 99% biodiesel, the tax imposed | ||||||
25 | by this Act does not apply to
the
proceeds of sales made on or | ||||||
26 | after July 1, 2003 and on or before
December 31, 2023 but |
| |||||||
| |||||||
1 | applies to 100% of the proceeds of sales made
thereafter.
| ||||||
2 | With respect to food for human consumption that is to be | ||||||
3 | consumed off the
premises where it is sold (other than | ||||||
4 | alcoholic beverages, food consisting of or infused with adult | ||||||
5 | use cannabis, soft drinks, and
food that has been prepared for | ||||||
6 | immediate consumption) and prescription and
nonprescription | ||||||
7 | medicines, drugs, medical appliances, products classified as | ||||||
8 | Class III medical devices by the United States Food and Drug | ||||||
9 | Administration that are used for cancer treatment pursuant to | ||||||
10 | a prescription, as well as any accessories and components | ||||||
11 | related to those devices, modifications to a motor
vehicle for | ||||||
12 | the purpose of rendering it usable by a person with a | ||||||
13 | disability, and
insulin, urine testing materials, syringes, | ||||||
14 | and needles used by diabetics, for
human use, the tax is | ||||||
15 | imposed at the rate of 1%. For the purposes of this
Section, | ||||||
16 | until September 1, 2009: the term "soft drinks" means any | ||||||
17 | complete, finished, ready-to-use,
non-alcoholic drink, whether | ||||||
18 | carbonated or not, including but not limited to
soda water, | ||||||
19 | cola, fruit juice, vegetable juice, carbonated water, and all | ||||||
20 | other
preparations commonly known as soft drinks of whatever | ||||||
21 | kind or description that
are contained in any closed or sealed | ||||||
22 | bottle, can, carton, or container,
regardless of size; but | ||||||
23 | "soft drinks" does not include coffee, tea, non-carbonated
| ||||||
24 | water, infant formula, milk or milk products as defined in the | ||||||
25 | Grade A
Pasteurized Milk and Milk Products Act, or drinks | ||||||
26 | containing 50% or more
natural fruit or vegetable juice.
|
| |||||||
| |||||||
1 | Notwithstanding any other provisions of this
Act, | ||||||
2 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
3 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
4 | drinks" do not include beverages that contain milk or milk | ||||||
5 | products, soy, rice or similar milk substitutes, or greater | ||||||
6 | than 50% of vegetable or fruit juice by volume. | ||||||
7 | Until August 1, 2009, and notwithstanding any other | ||||||
8 | provisions of this
Act, "food for human consumption that is to | ||||||
9 | be consumed off the premises where
it is sold" includes all | ||||||
10 | food sold through a vending machine, except soft
drinks and | ||||||
11 | food products that are dispensed hot from a vending machine,
| ||||||
12 | regardless of the location of the vending machine. Beginning | ||||||
13 | August 1, 2009, and notwithstanding any other provisions of | ||||||
14 | this Act, "food for human consumption that is to be consumed | ||||||
15 | off the premises where it is sold" includes all food sold | ||||||
16 | through a vending machine, except soft drinks, candy, and food | ||||||
17 | products that are dispensed hot from a vending machine, | ||||||
18 | regardless of the location of the vending machine.
| ||||||
19 | Notwithstanding any other provisions of this
Act, | ||||||
20 | beginning September 1, 2009, "food for human consumption that | ||||||
21 | is to be consumed off the premises where
it is sold" does not | ||||||
22 | include candy. For purposes of this Section, "candy" means a | ||||||
23 | preparation of sugar, honey, or other natural or artificial | ||||||
24 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
25 | other ingredients or flavorings in the form of bars, drops, or | ||||||
26 | pieces. "Candy" does not include any preparation that contains |
| |||||||
| |||||||
1 | flour or requires refrigeration. | ||||||
2 | Notwithstanding any other provisions of this
Act, | ||||||
3 | beginning September 1, 2009, "nonprescription medicines and | ||||||
4 | drugs" does not include grooming and hygiene products. For | ||||||
5 | purposes of this Section, "grooming and hygiene products" | ||||||
6 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
7 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
8 | lotions and screens, unless those products are available by | ||||||
9 | prescription only, regardless of whether the products meet the | ||||||
10 | definition of "over-the-counter-drugs". For the purposes of | ||||||
11 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
12 | use that contains a label that identifies the product as a drug | ||||||
13 | as required by 21 C.F.R. ยง 201.66. The "over-the-counter-drug" | ||||||
14 | label includes: | ||||||
15 | (A) A "Drug Facts" panel; or | ||||||
16 | (B) A statement of the "active ingredient(s)" with a | ||||||
17 | list of those ingredients contained in the compound, | ||||||
18 | substance or preparation. | ||||||
19 | Beginning on the effective date of this amendatory Act of | ||||||
20 | the 98th General Assembly, "prescription and nonprescription | ||||||
21 | medicines and drugs" includes medical cannabis purchased from | ||||||
22 | a registered dispensing organization under the Compassionate | ||||||
23 | Use of Medical Cannabis Program Act. | ||||||
24 | As used in this Section, "adult use cannabis" means | ||||||
25 | cannabis subject to tax under the Cannabis Cultivation | ||||||
26 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law |
| |||||||
| |||||||
1 | and does not include cannabis subject to tax under the | ||||||
2 | Compassionate Use of Medical Cannabis Program Act. | ||||||
3 | Beginning January 1, 2022, in addition to all other rates | ||||||
4 | of tax imposed under this Act, a surcharge of 3.75% is imposed | ||||||
5 | on the selling price of (i) each firearm purchased in the State | ||||||
6 | and (ii) each firearm component part that is purchased in the | ||||||
7 | State and sold separately from the firearm. "Firearm" has the | ||||||
8 | meaning ascribed to that term in Section 1.1 of the Firearm | ||||||
9 | Owners Identification Card Act. | ||||||
10 | If the property that is purchased at retail from a | ||||||
11 | retailer is acquired
outside Illinois and used outside | ||||||
12 | Illinois before being brought to Illinois
for use here and is | ||||||
13 | taxable under this Act, the "selling price" on which
the tax is | ||||||
14 | computed shall be reduced by an amount that represents a
| ||||||
15 | reasonable allowance for depreciation for the period of prior | ||||||
16 | out-of-state use.
| ||||||
17 | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; | ||||||
18 | 101-593, eff. 12-4-19.)
| ||||||
19 | (35 ILCS 105/9) (from Ch. 120, par. 439.9)
| ||||||
20 | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||||||
21 | and
trailers that are required to be registered with an agency | ||||||
22 | of this State,
each retailer
required or authorized to collect | ||||||
23 | the tax imposed by this Act shall pay
to the Department the | ||||||
24 | amount of such tax (except as otherwise provided)
at the time | ||||||
25 | when he is required to file his return for the period during
|
| |||||||
| |||||||
1 | which such tax was collected, less a discount of 2.1% prior to
| ||||||
2 | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||||||
3 | per calendar
year, whichever is greater, which is allowed to | ||||||
4 | reimburse the retailer
for expenses incurred in collecting the | ||||||
5 | tax, keeping records, preparing
and filing returns, remitting | ||||||
6 | the tax and supplying data to the
Department on request. The | ||||||
7 | discount under this Section is not allowed for the 1.25% | ||||||
8 | portion of taxes paid on aviation fuel that is subject to the | ||||||
9 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
10 | 47133. In the case of retailers who report and pay the
tax on a | ||||||
11 | transaction by transaction basis, as provided in this Section,
| ||||||
12 | such discount shall be taken with each such tax remittance | ||||||
13 | instead of
when such retailer files his periodic return. The | ||||||
14 | discount allowed under this Section is allowed only for | ||||||
15 | returns that are filed in the manner required by this Act. The | ||||||
16 | Department may disallow the discount for retailers whose | ||||||
17 | certificate of registration is revoked at the time the return | ||||||
18 | is filed, but only if the Department's decision to revoke the | ||||||
19 | certificate of registration has become final. A retailer need | ||||||
20 | not remit
that part of any tax collected by him to the extent | ||||||
21 | that he is required
to remit and does remit the tax imposed by | ||||||
22 | the Retailers' Occupation
Tax Act, with respect to the sale of | ||||||
23 | the same property. | ||||||
24 | Where such tangible personal property is sold under a | ||||||
25 | conditional
sales contract, or under any other form of sale | ||||||
26 | wherein the payment of
the principal sum, or a part thereof, is |
| |||||||
| |||||||
1 | extended beyond the close of
the period for which the return is | ||||||
2 | filed, the retailer, in collecting
the tax (except as to motor | ||||||
3 | vehicles, watercraft, aircraft, and
trailers that are required | ||||||
4 | to be registered with an agency of this State),
may collect for | ||||||
5 | each
tax return period, only the tax applicable to that part of | ||||||
6 | the selling
price actually received during such tax return | ||||||
7 | period. | ||||||
8 | Except as provided in this Section, on or before the | ||||||
9 | twentieth day of each
calendar month, such retailer shall file | ||||||
10 | a return for the preceding
calendar month. Such return shall | ||||||
11 | be filed on forms prescribed by the
Department and shall | ||||||
12 | furnish such information as the Department may
reasonably | ||||||
13 | require. On and after January 1, 2018, except for returns for | ||||||
14 | motor vehicles, watercraft, aircraft, and trailers that are | ||||||
15 | required to be registered with an agency of this State, with | ||||||
16 | respect to retailers whose annual gross receipts average | ||||||
17 | $20,000 or more, all returns required to be filed pursuant to | ||||||
18 | this Act shall be filed electronically. Retailers who | ||||||
19 | demonstrate that they do not have access to the Internet or | ||||||
20 | demonstrate hardship in filing electronically may petition the | ||||||
21 | Department to waive the electronic filing requirement. | ||||||
22 | The Department may require returns to be filed on a | ||||||
23 | quarterly basis.
If so required, a return for each calendar | ||||||
24 | quarter shall be filed on or
before the twentieth day of the | ||||||
25 | calendar month following the end of such
calendar quarter. The | ||||||
26 | taxpayer shall also file a return with the
Department for each |
| |||||||
| |||||||
1 | of the first two months of each calendar quarter, on or
before | ||||||
2 | the twentieth day of the following calendar month, stating: | ||||||
3 | 1. The name of the seller; | ||||||
4 | 2. The address of the principal place of business from | ||||||
5 | which he engages
in the business of selling tangible | ||||||
6 | personal property at retail in this State; | ||||||
7 | 3. The total amount of taxable receipts received by | ||||||
8 | him during the
preceding calendar month from sales of | ||||||
9 | tangible personal property by him
during such preceding | ||||||
10 | calendar month, including receipts from charge and
time | ||||||
11 | sales, but less all deductions allowed by law; | ||||||
12 | 4. The amount of credit provided in Section 2d of this | ||||||
13 | Act; | ||||||
14 | 5. The amount of tax due; | ||||||
15 | 5-5. The signature of the taxpayer; and | ||||||
16 | 6. Such other reasonable information as the Department | ||||||
17 | may
require. | ||||||
18 | Each retailer required or authorized to collect the tax | ||||||
19 | imposed by this Act on aviation fuel sold at retail in this | ||||||
20 | State during the preceding calendar month shall, instead of | ||||||
21 | reporting and paying tax on aviation fuel as otherwise | ||||||
22 | required by this Section, report and pay such tax on a separate | ||||||
23 | aviation fuel tax return. The requirements related to the | ||||||
24 | return shall be as otherwise provided in this Section. | ||||||
25 | Notwithstanding any other provisions of this Act to the | ||||||
26 | contrary, retailers collecting tax on aviation fuel shall file |
| |||||||
| |||||||
1 | all aviation fuel tax returns and shall make all aviation fuel | ||||||
2 | tax payments by electronic means in the manner and form | ||||||
3 | required by the Department. For purposes of this Section, | ||||||
4 | "aviation fuel" means jet fuel and aviation gasoline. | ||||||
5 | If a taxpayer fails to sign a return within 30 days after | ||||||
6 | the proper notice
and demand for signature by the Department, | ||||||
7 | the return shall be considered
valid and any amount shown to be | ||||||
8 | due on the return shall be deemed assessed. | ||||||
9 | Notwithstanding any other provision of this Act to the | ||||||
10 | contrary, retailers subject to tax on cannabis shall file all | ||||||
11 | cannabis tax returns and shall make all cannabis tax payments | ||||||
12 | by electronic means in the manner and form required by the | ||||||
13 | Department. | ||||||
14 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
15 | monthly tax
liability of $150,000 or more shall make all | ||||||
16 | payments required by rules of the
Department by electronic | ||||||
17 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
18 | an average monthly tax liability of $100,000 or more shall | ||||||
19 | make all
payments required by rules of the Department by | ||||||
20 | electronic funds transfer.
Beginning October 1, 1995, a | ||||||
21 | taxpayer who has an average monthly tax liability
of $50,000 | ||||||
22 | or more shall make all payments required by rules of the | ||||||
23 | Department
by electronic funds transfer. Beginning October 1, | ||||||
24 | 2000, a taxpayer who has
an annual tax liability of $200,000 or | ||||||
25 | more shall make all payments required by
rules of the | ||||||
26 | Department by electronic funds transfer. The term "annual tax
|
| |||||||
| |||||||
1 | liability" shall be the sum of the taxpayer's liabilities | ||||||
2 | under this Act, and
under all other State and local occupation | ||||||
3 | and use tax laws administered by the
Department, for the | ||||||
4 | immediately preceding calendar year. The term "average
monthly | ||||||
5 | tax liability" means
the sum of the taxpayer's liabilities | ||||||
6 | under this Act, and under all other State
and local occupation | ||||||
7 | and use tax laws administered by the Department, for the
| ||||||
8 | immediately preceding calendar year divided by 12.
Beginning | ||||||
9 | on October 1, 2002, a taxpayer who has a tax liability in the
| ||||||
10 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
11 | Department of
Revenue Law shall make all payments required by | ||||||
12 | rules of the Department by
electronic funds transfer. | ||||||
13 | Before August 1 of each year beginning in 1993, the | ||||||
14 | Department shall notify
all taxpayers required to make | ||||||
15 | payments by electronic funds transfer. All
taxpayers required | ||||||
16 | to make payments by electronic funds transfer shall make
those | ||||||
17 | payments for a minimum of one year beginning on October 1. | ||||||
18 | Any taxpayer not required to make payments by electronic | ||||||
19 | funds transfer may
make payments by electronic funds transfer | ||||||
20 | with the permission of the
Department. | ||||||
21 | All taxpayers required to make payment by electronic funds | ||||||
22 | transfer and any
taxpayers authorized to voluntarily make | ||||||
23 | payments by electronic funds transfer
shall make those | ||||||
24 | payments in the manner authorized by the Department. | ||||||
25 | The Department shall adopt such rules as are necessary to | ||||||
26 | effectuate a
program of electronic funds transfer and the |
| |||||||
| |||||||
1 | requirements of this Section. | ||||||
2 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
3 | tax liability
to the Department
under this Act, the Retailers' | ||||||
4 | Occupation Tax Act, the Service
Occupation Tax Act, the | ||||||
5 | Service Use Tax Act was $10,000 or more
during
the preceding 4 | ||||||
6 | complete calendar quarters, he shall file a return with the
| ||||||
7 | Department each month by the 20th day of the month next | ||||||
8 | following the month
during which such tax liability is | ||||||
9 | incurred and shall make payments to the
Department on or | ||||||
10 | before the 7th, 15th, 22nd and last day of the month
during | ||||||
11 | which such liability is incurred.
On and after October 1, | ||||||
12 | 2000, if the taxpayer's average monthly tax liability
to the | ||||||
13 | Department under this Act, the Retailers' Occupation Tax Act,
| ||||||
14 | the
Service Occupation Tax Act, and the Service Use Tax Act was | ||||||
15 | $20,000 or more
during the preceding 4 complete calendar | ||||||
16 | quarters, he shall file a return with
the Department each | ||||||
17 | month by the 20th day of the month next following the month
| ||||||
18 | during which such tax liability is incurred and shall make | ||||||
19 | payment to the
Department on or before the 7th, 15th, 22nd and | ||||||
20 | last day of the
month during
which such liability is incurred.
| ||||||
21 | If the month during which such tax
liability is incurred began | ||||||
22 | prior to January 1, 1985, each payment shall be
in an amount | ||||||
23 | equal to 1/4 of the taxpayer's
actual liability for the month | ||||||
24 | or an amount set by the Department not to
exceed 1/4 of the | ||||||
25 | average monthly liability of the taxpayer to the
Department | ||||||
26 | for the preceding 4 complete calendar quarters (excluding the
|
| |||||||
| |||||||
1 | month of highest liability and the month of lowest liability | ||||||
2 | in such 4
quarter period). If the month during which such tax | ||||||
3 | liability is incurred
begins on or after January 1, 1985, and | ||||||
4 | prior to January 1, 1987, each
payment shall be in an amount | ||||||
5 | equal to 22.5% of the taxpayer's actual liability
for the | ||||||
6 | month or 27.5% of the taxpayer's liability for the same | ||||||
7 | calendar
month of the preceding year. If the month during | ||||||
8 | which such tax liability
is incurred begins on or after | ||||||
9 | January 1, 1987, and prior to January 1,
1988, each payment | ||||||
10 | shall be in an amount equal to 22.5% of the taxpayer's
actual | ||||||
11 | liability for the month or 26.25% of the taxpayer's liability | ||||||
12 | for
the same calendar month of the preceding year. If the month | ||||||
13 | during which such
tax liability is incurred begins on or after | ||||||
14 | January 1, 1988, and prior to
January 1, 1989,
or begins on or | ||||||
15 | after January 1, 1996, each payment shall be in an amount equal
| ||||||
16 | to 22.5% of the taxpayer's actual liability for the month or | ||||||
17 | 25% of the
taxpayer's liability for the same calendar month of | ||||||
18 | the preceding year. If the
month during which such tax | ||||||
19 | liability is incurred begins on or after January 1,
1989,
and | ||||||
20 | prior to January 1, 1996, each payment shall be in an amount | ||||||
21 | equal to 22.5%
of the taxpayer's actual liability for the | ||||||
22 | month or 25% of the taxpayer's
liability for the same calendar | ||||||
23 | month of the preceding year or 100% of the
taxpayer's actual | ||||||
24 | liability for the quarter monthly reporting period. The
amount | ||||||
25 | of such quarter monthly payments shall be credited against the | ||||||
26 | final tax
liability
of the taxpayer's return for that month. |
| |||||||
| |||||||
1 | Before October 1, 2000, once
applicable, the requirement
of | ||||||
2 | the making of quarter monthly payments to the Department shall | ||||||
3 | continue
until such taxpayer's average monthly liability to | ||||||
4 | the Department during
the preceding 4 complete calendar | ||||||
5 | quarters (excluding the month of highest
liability and the | ||||||
6 | month of lowest liability) is less than
$9,000, or until
such | ||||||
7 | taxpayer's average monthly liability to the Department as | ||||||
8 | computed for
each calendar quarter of the 4 preceding complete | ||||||
9 | calendar quarter period
is less than $10,000. However, if a | ||||||
10 | taxpayer can show the
Department that
a substantial change in | ||||||
11 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
12 | to anticipate that his average monthly tax liability for the
| ||||||
13 | reasonably foreseeable future will fall below the $10,000 | ||||||
14 | threshold
stated above, then
such taxpayer
may petition the | ||||||
15 | Department for change in such taxpayer's reporting status.
On | ||||||
16 | and after October 1, 2000, once applicable, the requirement of | ||||||
17 | the making
of quarter monthly payments to the Department shall | ||||||
18 | continue until such
taxpayer's average monthly liability to | ||||||
19 | the Department during the preceding 4
complete calendar | ||||||
20 | quarters (excluding the month of highest liability and the
| ||||||
21 | month of lowest liability) is less than $19,000 or until such | ||||||
22 | taxpayer's
average monthly liability to the Department as | ||||||
23 | computed for each calendar
quarter of the 4 preceding complete | ||||||
24 | calendar quarter period is less than
$20,000. However, if a | ||||||
25 | taxpayer can show the Department that a substantial
change in | ||||||
26 | the taxpayer's business has occurred which causes the taxpayer |
| |||||||
| |||||||
1 | to
anticipate that his average monthly tax liability for the | ||||||
2 | reasonably
foreseeable future will fall below the $20,000 | ||||||
3 | threshold stated above, then
such taxpayer may petition the | ||||||
4 | Department for a change in such taxpayer's
reporting status.
| ||||||
5 | The Department shall change such taxpayer's reporting status | ||||||
6 | unless it
finds that such change is seasonal in nature and not | ||||||
7 | likely to be long
term. If any such quarter monthly payment is | ||||||
8 | not paid at the time or in
the amount required by this Section, | ||||||
9 | then the taxpayer shall be liable for
penalties and interest | ||||||
10 | on
the difference between the minimum amount due and the | ||||||
11 | amount of such
quarter monthly payment actually and timely | ||||||
12 | paid, except insofar as the
taxpayer has previously made | ||||||
13 | payments for that month to the Department in
excess of the | ||||||
14 | minimum payments previously due as provided in this Section.
| ||||||
15 | The Department shall make reasonable rules and regulations to | ||||||
16 | govern the
quarter monthly payment amount and quarter monthly | ||||||
17 | payment dates for
taxpayers who file on other than a calendar | ||||||
18 | monthly basis. | ||||||
19 | If any such payment provided for in this Section exceeds | ||||||
20 | the taxpayer's
liabilities under this Act, the Retailers' | ||||||
21 | Occupation Tax Act, the Service
Occupation Tax Act and the | ||||||
22 | Service Use Tax Act, as shown by an original
monthly return, | ||||||
23 | the Department shall issue to the taxpayer a credit
memorandum | ||||||
24 | no later than 30 days after the date of payment, which
| ||||||
25 | memorandum may be submitted by the taxpayer to the Department | ||||||
26 | in payment of
tax liability subsequently to be remitted by the |
| |||||||
| |||||||
1 | taxpayer to the Department
or be assigned by the taxpayer to a | ||||||
2 | similar taxpayer under this Act, the
Retailers' Occupation Tax | ||||||
3 | Act, the Service Occupation Tax Act or the
Service Use Tax Act, | ||||||
4 | in accordance with reasonable rules and regulations to
be | ||||||
5 | prescribed by the Department, except that if such excess | ||||||
6 | payment is
shown on an original monthly return and is made | ||||||
7 | after December 31, 1986, no
credit memorandum shall be issued, | ||||||
8 | unless requested by the taxpayer. If no
such request is made, | ||||||
9 | the taxpayer may credit such excess payment against
tax | ||||||
10 | liability subsequently to be remitted by the taxpayer to the | ||||||
11 | Department
under this Act, the Retailers' Occupation Tax Act, | ||||||
12 | the Service Occupation
Tax Act or the Service Use Tax Act, in | ||||||
13 | accordance with reasonable rules and
regulations prescribed by | ||||||
14 | the Department. If the Department subsequently
determines that | ||||||
15 | all or any part of the credit taken was not actually due to
the | ||||||
16 | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||||||
17 | be
reduced by 2.1% or 1.75% of the difference between the | ||||||
18 | credit taken and
that actually due, and the taxpayer shall be | ||||||
19 | liable for penalties and
interest on such difference. | ||||||
20 | If the retailer is otherwise required to file a monthly | ||||||
21 | return and if the
retailer's average monthly tax liability to | ||||||
22 | the Department
does not exceed $200, the Department may | ||||||
23 | authorize his returns to be
filed on a quarter annual basis, | ||||||
24 | with the return for January, February,
and March of a given | ||||||
25 | year being due by April 20 of such year; with the
return for | ||||||
26 | April, May and June of a given year being due by July 20 of
|
| |||||||
| |||||||
1 | such year; with the return for July, August and September of a | ||||||
2 | given
year being due by October 20 of such year, and with the | ||||||
3 | return for
October, November and December of a given year | ||||||
4 | being due by January 20
of the following year. | ||||||
5 | If the retailer is otherwise required to file a monthly or | ||||||
6 | quarterly
return and if the retailer's average monthly tax | ||||||
7 | liability to the
Department does not exceed $50, the | ||||||
8 | Department may authorize his returns to
be filed on an annual | ||||||
9 | basis, with the return for a given year being due by
January 20 | ||||||
10 | of the following year. | ||||||
11 | Such quarter annual and annual returns, as to form and | ||||||
12 | substance,
shall be subject to the same requirements as | ||||||
13 | monthly returns. | ||||||
14 | Notwithstanding any other provision in this Act concerning | ||||||
15 | the time
within which a retailer may file his return, in the | ||||||
16 | case of any retailer
who ceases to engage in a kind of business | ||||||
17 | which makes him responsible
for filing returns under this Act, | ||||||
18 | such retailer shall file a final
return under this Act with the | ||||||
19 | Department not more than one month after
discontinuing such | ||||||
20 | business. | ||||||
21 | In addition, with respect to motor vehicles, watercraft,
| ||||||
22 | aircraft, and trailers that are required to be registered with | ||||||
23 | an agency of
this State, except as otherwise provided in this | ||||||
24 | Section, every
retailer selling this kind of tangible personal | ||||||
25 | property shall file,
with the Department, upon a form to be | ||||||
26 | prescribed and supplied by the
Department, a separate return |
| |||||||
| |||||||
1 | for each such item of tangible personal
property which the | ||||||
2 | retailer sells, except that if, in the same
transaction, (i) a | ||||||
3 | retailer of aircraft, watercraft, motor vehicles or
trailers | ||||||
4 | transfers more than
one aircraft, watercraft, motor
vehicle or | ||||||
5 | trailer to another aircraft, watercraft, motor vehicle or
| ||||||
6 | trailer retailer for the purpose of resale
or (ii) a retailer | ||||||
7 | of aircraft, watercraft, motor vehicles, or trailers
transfers | ||||||
8 | more than one aircraft, watercraft, motor vehicle, or trailer | ||||||
9 | to a
purchaser for use as a qualifying rolling stock as | ||||||
10 | provided in Section 3-55 of
this Act, then
that seller may | ||||||
11 | report the transfer of all the
aircraft, watercraft, motor
| ||||||
12 | vehicles
or trailers involved in that transaction to the | ||||||
13 | Department on the same
uniform
invoice-transaction reporting | ||||||
14 | return form.
For purposes of this Section, "watercraft" means | ||||||
15 | a Class 2, Class 3, or
Class
4 watercraft as defined in Section | ||||||
16 | 3-2 of the Boat Registration and Safety Act,
a
personal | ||||||
17 | watercraft, or any boat equipped with an inboard motor. | ||||||
18 | In addition, with respect to motor vehicles, watercraft, | ||||||
19 | aircraft, and trailers that are required to be registered with | ||||||
20 | an agency of this State, every person who is engaged in the | ||||||
21 | business of leasing or renting such items and who, in | ||||||
22 | connection with such business, sells any such item to a | ||||||
23 | retailer for the purpose of resale is, notwithstanding any | ||||||
24 | other provision of this Section to the contrary, authorized to | ||||||
25 | meet the return-filing requirement of this Act by reporting | ||||||
26 | the transfer of all the aircraft, watercraft, motor vehicles, |
| |||||||
| |||||||
1 | or trailers transferred for resale during a month to the | ||||||
2 | Department on the same uniform invoice-transaction reporting | ||||||
3 | return form on or before the 20th of the month following the | ||||||
4 | month in which the transfer takes place. Notwithstanding any | ||||||
5 | other provision of this Act to the contrary, all returns filed | ||||||
6 | under this paragraph must be filed by electronic means in the | ||||||
7 | manner and form as required by the Department. | ||||||
8 | The transaction reporting return in the case of motor | ||||||
9 | vehicles
or trailers that are required to be registered with | ||||||
10 | an agency of this
State, shall
be the same document as the | ||||||
11 | Uniform Invoice referred to in Section 5-402
of the Illinois | ||||||
12 | Vehicle Code and must show the name and address of the
seller; | ||||||
13 | the name and address of the purchaser; the amount of the | ||||||
14 | selling
price including the amount allowed by the retailer for | ||||||
15 | traded-in
property, if any; the amount allowed by the retailer | ||||||
16 | for the traded-in
tangible personal property, if any, to the | ||||||
17 | extent to which Section 2 of
this Act allows an exemption for | ||||||
18 | the value of traded-in property; the
balance payable after | ||||||
19 | deducting such trade-in allowance from the total
selling | ||||||
20 | price; the amount of tax due from the retailer with respect to
| ||||||
21 | such transaction; the amount of tax collected from the | ||||||
22 | purchaser by the
retailer on such transaction (or satisfactory | ||||||
23 | evidence that such tax is
not due in that particular instance, | ||||||
24 | if that is claimed to be the fact);
the place and date of the | ||||||
25 | sale; a sufficient identification of the
property sold; such | ||||||
26 | other information as is required in Section 5-402 of
the |
| |||||||
| |||||||
1 | Illinois Vehicle Code, and such other information as the | ||||||
2 | Department
may reasonably require. | ||||||
3 | The transaction reporting return in the case of watercraft
| ||||||
4 | and aircraft must show
the name and address of the seller; the | ||||||
5 | name and address of the
purchaser; the amount of the selling | ||||||
6 | price including the amount allowed
by the retailer for | ||||||
7 | traded-in property, if any; the amount allowed by
the retailer | ||||||
8 | for the traded-in tangible personal property, if any, to
the | ||||||
9 | extent to which Section 2 of this Act allows an exemption for | ||||||
10 | the
value of traded-in property; the balance payable after | ||||||
11 | deducting such
trade-in allowance from the total selling | ||||||
12 | price; the amount of tax due
from the retailer with respect to | ||||||
13 | such transaction; the amount of tax
collected from the | ||||||
14 | purchaser by the retailer on such transaction (or
satisfactory | ||||||
15 | evidence that such tax is not due in that particular
instance, | ||||||
16 | if that is claimed to be the fact); the place and date of the
| ||||||
17 | sale, a sufficient identification of the property sold, and | ||||||
18 | such other
information as the Department may reasonably | ||||||
19 | require. | ||||||
20 | Such transaction reporting return shall be filed not later | ||||||
21 | than 20
days after the date of delivery of the item that is | ||||||
22 | being sold, but may
be filed by the retailer at any time sooner | ||||||
23 | than that if he chooses to
do so. The transaction reporting | ||||||
24 | return and tax remittance or proof of
exemption from the tax | ||||||
25 | that is imposed by this Act may be transmitted to
the | ||||||
26 | Department by way of the State agency with which, or State |
| |||||||
| |||||||
1 | officer
with whom, the tangible personal property must be | ||||||
2 | titled or registered
(if titling or registration is required) | ||||||
3 | if the Department and such
agency or State officer determine | ||||||
4 | that this procedure will expedite the
processing of | ||||||
5 | applications for title or registration. | ||||||
6 | With each such transaction reporting return, the retailer | ||||||
7 | shall remit
the proper amount of tax due (or shall submit | ||||||
8 | satisfactory evidence that
the sale is not taxable if that is | ||||||
9 | the case), to the Department or its
agents, whereupon the | ||||||
10 | Department shall issue, in the purchaser's name, a
tax receipt | ||||||
11 | (or a certificate of exemption if the Department is
satisfied | ||||||
12 | that the particular sale is tax exempt) which such purchaser
| ||||||
13 | may submit to the agency with which, or State officer with | ||||||
14 | whom, he must
title or register the tangible personal property | ||||||
15 | that is involved (if
titling or registration is required) in | ||||||
16 | support of such purchaser's
application for an Illinois | ||||||
17 | certificate or other evidence of title or
registration to such | ||||||
18 | tangible personal property. | ||||||
19 | No retailer's failure or refusal to remit tax under this | ||||||
20 | Act
precludes a user, who has paid the proper tax to the | ||||||
21 | retailer, from
obtaining his certificate of title or other | ||||||
22 | evidence of title or
registration (if titling or registration | ||||||
23 | is required) upon satisfying
the Department that such user has | ||||||
24 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
25 | Department shall adopt appropriate rules to carry out
the | ||||||
26 | mandate of this paragraph. |
| |||||||
| |||||||
1 | If the user who would otherwise pay tax to the retailer | ||||||
2 | wants the
transaction reporting return filed and the payment | ||||||
3 | of tax or proof of
exemption made to the Department before the | ||||||
4 | retailer is willing to take
these actions and such user has not | ||||||
5 | paid the tax to the retailer, such
user may certify to the fact | ||||||
6 | of such delay by the retailer, and may
(upon the Department | ||||||
7 | being satisfied of the truth of such certification)
transmit | ||||||
8 | the information required by the transaction reporting return
| ||||||
9 | and the remittance for tax or proof of exemption directly to | ||||||
10 | the
Department and obtain his tax receipt or exemption | ||||||
11 | determination, in
which event the transaction reporting return | ||||||
12 | and tax remittance (if a
tax payment was required) shall be | ||||||
13 | credited by the Department to the
proper retailer's account | ||||||
14 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
15 | provided for in this Section being allowed. When the user pays
| ||||||
16 | the tax directly to the Department, he shall pay the tax in the | ||||||
17 | same
amount and in the same form in which it would be remitted | ||||||
18 | if the tax had
been remitted to the Department by the retailer. | ||||||
19 | Where a retailer collects the tax with respect to the | ||||||
20 | selling price
of tangible personal property which he sells and | ||||||
21 | the purchaser
thereafter returns such tangible personal | ||||||
22 | property and the retailer
refunds the selling price thereof to | ||||||
23 | the purchaser, such retailer shall
also refund, to the | ||||||
24 | purchaser, the tax so collected from the purchaser.
When | ||||||
25 | filing his return for the period in which he refunds such tax | ||||||
26 | to
the purchaser, the retailer may deduct the amount of the tax |
| |||||||
| |||||||
1 | so refunded
by him to the purchaser from any other use tax | ||||||
2 | which such retailer may
be required to pay or remit to the | ||||||
3 | Department, as shown by such return,
if the amount of the tax | ||||||
4 | to be deducted was previously remitted to the
Department by | ||||||
5 | such retailer. If the retailer has not previously
remitted the | ||||||
6 | amount of such tax to the Department, he is entitled to no
| ||||||
7 | deduction under this Act upon refunding such tax to the | ||||||
8 | purchaser. | ||||||
9 | Any retailer filing a return under this Section shall also | ||||||
10 | include
(for the purpose of paying tax thereon) the total tax | ||||||
11 | covered by such
return upon the selling price of tangible | ||||||
12 | personal property purchased by
him at retail from a retailer, | ||||||
13 | but as to which the tax imposed by this
Act was not collected | ||||||
14 | from the retailer filing such return, and such
retailer shall | ||||||
15 | remit the amount of such tax to the Department when
filing such | ||||||
16 | return. | ||||||
17 | If experience indicates such action to be practicable, the | ||||||
18 | Department
may prescribe and furnish a combination or joint | ||||||
19 | return which will
enable retailers, who are required to file | ||||||
20 | returns hereunder and also
under the Retailers' Occupation Tax | ||||||
21 | Act, to furnish all the return
information required by both | ||||||
22 | Acts on the one form. | ||||||
23 | Where the retailer has more than one business registered | ||||||
24 | with the
Department under separate registration under this | ||||||
25 | Act, such retailer may
not file each return that is due as a | ||||||
26 | single return covering all such
registered businesses, but |
| |||||||
| |||||||
1 | shall file separate returns for each such
registered business. | ||||||
2 | Beginning January 1, 1990, each month the Department shall | ||||||
3 | pay into the
State and Local Sales Tax Reform Fund, a special | ||||||
4 | fund in the State Treasury
which is hereby created, the net | ||||||
5 | revenue realized for the preceding month
from the 1% tax | ||||||
6 | imposed under this Act. | ||||||
7 | Beginning January 1, 1990, each month the Department shall | ||||||
8 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
9 | net revenue realized
for the preceding month from the 6.25% | ||||||
10 | general rate
on the selling price of tangible personal | ||||||
11 | property which is purchased
outside Illinois at retail from a | ||||||
12 | retailer and which is titled or
registered by an agency of this | ||||||
13 | State's government. | ||||||
14 | Beginning January 1, 1990, each month the Department shall | ||||||
15 | pay into
the State and Local Sales Tax Reform Fund, a special | ||||||
16 | fund in the State
Treasury, 20% of the net revenue realized
for | ||||||
17 | the preceding month from the 6.25% general rate on the selling
| ||||||
18 | price of tangible personal property, other than (i) tangible | ||||||
19 | personal property
which is purchased outside Illinois at | ||||||
20 | retail from a retailer and which is
titled or registered by an | ||||||
21 | agency of this State's government and (ii) aviation fuel sold | ||||||
22 | on or after December 1, 2019. This exception for aviation fuel | ||||||
23 | only applies for so long as the revenue use requirements of 49 | ||||||
24 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||||||
25 | For aviation fuel sold on or after December 1, 2019, each | ||||||
26 | month the Department shall pay into the State Aviation Program |
| |||||||
| |||||||
1 | Fund 20% of the net revenue realized for the preceding month | ||||||
2 | from the 6.25% general rate on the selling price of aviation | ||||||
3 | fuel, less an amount estimated by the Department to be | ||||||
4 | required for refunds of the 20% portion of the tax on aviation | ||||||
5 | fuel under this Act, which amount shall be deposited into the | ||||||
6 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
7 | pay moneys into the State Aviation Program Fund and the | ||||||
8 | Aviation Fuels Sales Tax Refund Fund under this Act for so long | ||||||
9 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
10 | U.S.C. 47133 are binding on the State. | ||||||
11 | Beginning August 1, 2000, each
month the Department shall | ||||||
12 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
13 | net revenue realized for the
preceding month from the 1.25% | ||||||
14 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
15 | September 1, 2010, each
month the Department shall pay into | ||||||
16 | the
State and Local Sales Tax Reform Fund 100% of the net | ||||||
17 | revenue realized for the
preceding month from the 1.25% rate | ||||||
18 | on the selling price of sales tax holiday items. | ||||||
19 | Beginning January 1, 1990, each month the Department shall | ||||||
20 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
21 | realized for the
preceding month from the 6.25% general rate | ||||||
22 | on the selling price of
tangible personal property which is | ||||||
23 | purchased outside Illinois at retail
from a retailer and which | ||||||
24 | is titled or registered by an agency of this
State's | ||||||
25 | government. | ||||||
26 | Beginning October 1, 2009, each month the Department shall |
| |||||||
| |||||||
1 | pay into the Capital Projects Fund an amount that is equal to | ||||||
2 | an amount estimated by the Department to represent 80% of the | ||||||
3 | net revenue realized for the preceding month from the sale of | ||||||
4 | candy, grooming and hygiene products, and soft drinks that had | ||||||
5 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
6 | are now taxed at 6.25%. | ||||||
7 | Beginning July 1, 2011, each
month the Department shall | ||||||
8 | pay into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
9 | realized for the
preceding month from the 6.25% general rate | ||||||
10 | on the selling price of sorbents used in Illinois in the | ||||||
11 | process of sorbent injection as used to comply with the | ||||||
12 | Environmental Protection Act or the federal Clean Air Act, but | ||||||
13 | the total payment into the Clean Air Act Permit Fund under this | ||||||
14 | Act and the Retailers' Occupation Tax Act shall not exceed | ||||||
15 | $2,000,000 in any fiscal year. | ||||||
16 | Beginning July 1, 2013, each month the Department shall | ||||||
17 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
18 | collected under this Act, the Service Use Tax Act, the Service | ||||||
19 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
20 | amount equal to the average monthly deficit in the Underground | ||||||
21 | Storage Tank Fund during the prior year, as certified annually | ||||||
22 | by the Illinois Environmental Protection Agency, but the total | ||||||
23 | payment into the Underground Storage Tank Fund under this Act, | ||||||
24 | the Service Use Tax Act, the Service Occupation Tax Act, and | ||||||
25 | the Retailers' Occupation Tax Act shall not exceed $18,000,000 | ||||||
26 | in any State fiscal year. As used in this paragraph, the |
| |||||||
| |||||||
1 | "average monthly deficit" shall be equal to the difference | ||||||
2 | between the average monthly claims for payment by the fund and | ||||||
3 | the average monthly revenues deposited into the fund, | ||||||
4 | excluding payments made pursuant to this paragraph. | ||||||
5 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
6 | received by the Department under this Act, the Service Use Tax | ||||||
7 | Act, the Service Occupation Tax Act, and the Retailers' | ||||||
8 | Occupation Tax Act, each month the Department shall deposit | ||||||
9 | $500,000 into the State Crime Laboratory Fund. | ||||||
10 | Beginning January 1, 2022, the Department shall pay into | ||||||
11 | the Youthbuild Assistance Fund 100% of the net revenue | ||||||
12 | realized for the preceding month from the 3.75% surcharge on | ||||||
13 | the selling price of firearms and firearm component parts. | ||||||
14 | Of the remainder of the moneys received by the Department | ||||||
15 | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||||||
16 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||||||
17 | and after July 1, 1989, 3.8% thereof shall be paid into the
| ||||||
18 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
19 | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
20 | may be, of the
moneys received by the Department and required | ||||||
21 | to be paid into the Build
Illinois Fund pursuant to Section 3 | ||||||
22 | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||||||
23 | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||||||
24 | Service Occupation Tax Act, such Acts being
hereinafter called | ||||||
25 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||||||
26 | may be, of moneys being hereinafter called the "Tax Act |
| |||||||
| |||||||
1 | Amount",
and (2) the amount transferred to the Build Illinois | ||||||
2 | Fund from the State
and Local Sales Tax Reform Fund shall be | ||||||
3 | less than the Annual Specified
Amount (as defined in Section 3 | ||||||
4 | of the Retailers' Occupation Tax Act), an
amount equal to the | ||||||
5 | difference shall be immediately paid into the Build
Illinois | ||||||
6 | Fund from other moneys received by the Department pursuant to | ||||||
7 | the
Tax Acts; and further provided, that if on the last | ||||||
8 | business day of any
month the sum of (1) the Tax Act Amount | ||||||
9 | required to be deposited into the
Build Illinois Bond Account | ||||||
10 | in the Build Illinois Fund during such month
and (2) the amount | ||||||
11 | transferred during such month to the Build Illinois Fund
from | ||||||
12 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
13 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
14 | the difference
shall be immediately paid into the Build | ||||||
15 | Illinois Fund from other moneys
received by the Department | ||||||
16 | pursuant to the Tax Acts; and,
further provided, that in no | ||||||
17 | event shall the payments required under the
preceding proviso | ||||||
18 | result in aggregate payments into the Build Illinois Fund
| ||||||
19 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
20 | the greater
of (i) the Tax Act Amount or (ii) the Annual | ||||||
21 | Specified Amount for such
fiscal year; and, further provided, | ||||||
22 | that the amounts payable into the Build
Illinois Fund under | ||||||
23 | this clause (b) shall be payable only until such time
as the | ||||||
24 | aggregate amount on deposit under each trust
indenture | ||||||
25 | securing Bonds issued and outstanding pursuant to the Build
| ||||||
26 | Illinois Bond Act is sufficient, taking into account any |
| |||||||
| |||||||
1 | future investment
income, to fully provide, in accordance with | ||||||
2 | such indenture, for the
defeasance of or the payment of the | ||||||
3 | principal of, premium, if any, and
interest on the Bonds | ||||||
4 | secured by such indenture and on any Bonds expected
to be | ||||||
5 | issued thereafter and all fees and costs payable with respect | ||||||
6 | thereto,
all as certified by the Director of the
Bureau of the | ||||||
7 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
8 | the last
business day of any month in which Bonds are | ||||||
9 | outstanding pursuant to the
Build Illinois Bond Act, the | ||||||
10 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
11 | Account in the Build Illinois Fund in such month
shall be less | ||||||
12 | than the amount required to be transferred in such month from
| ||||||
13 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
14 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
15 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
16 | shall be immediately paid
from other moneys received by the | ||||||
17 | Department pursuant to the Tax Acts
to the Build Illinois | ||||||
18 | Fund; provided, however, that any amounts paid to the
Build | ||||||
19 | Illinois Fund in any fiscal year pursuant to this sentence | ||||||
20 | shall be
deemed to constitute payments pursuant to clause (b) | ||||||
21 | of the preceding
sentence and shall reduce the amount | ||||||
22 | otherwise payable for such fiscal year
pursuant to clause (b) | ||||||
23 | of the preceding sentence. The moneys received by
the | ||||||
24 | Department pursuant to this Act and required to be deposited | ||||||
25 | into the
Build Illinois Fund are subject to the pledge, claim | ||||||
26 | and charge set forth
in Section 12 of the Build Illinois Bond |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | as provided in
the preceding paragraph or in any amendment | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | thereto hereafter enacted, the
following specified monthly | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | installment of the amount requested in the
certificate of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | in
excess of the sums designated as "Total Deposit", shall be
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | deposited in the aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | the Use Tax
Act, Section 9 of the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | 9 of the Service
Occupation Tax Act, and Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Retailers' Occupation Tax Act into
the McCormick Place | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | required under this Section for previous
months and years, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | shall be deposited into the McCormick Place Expansion
Project | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | Fund, until the full amount requested for the fiscal year, but | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | not
in excess of the amount specified above as "Total |
| |||||||
| |||||||
1 | Deposit", has been deposited. | ||||||
2 | Subject to payment of amounts into the Capital Projects | ||||||
3 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||
4 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
5 | preceding paragraphs or in any amendments thereto hereafter | ||||||
6 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||
7 | the Department shall each month deposit into the Aviation Fuel | ||||||
8 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
9 | be required for refunds of the 80% portion of the tax on | ||||||
10 | aviation fuel under this Act. The Department shall only | ||||||
11 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
12 | under this paragraph for so long as the revenue use | ||||||
13 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
14 | binding on the State. | ||||||
15 | Subject to payment of amounts into the Build Illinois Fund | ||||||
16 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
17 | preceding paragraphs or
in any amendments thereto
hereafter | ||||||
18 | enacted,
beginning July 1, 1993 and ending on September 30, | ||||||
19 | 2013, the Department shall each month pay into the Illinois
| ||||||
20 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
21 | the preceding
month from the 6.25% general rate on the selling | ||||||
22 | price of tangible personal
property. | ||||||
23 | Subject to payment of amounts into the Build Illinois Fund | ||||||
24 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
25 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
26 | enacted, beginning with the receipt of the first
report of |
| |||||||
| |||||||
1 | taxes paid by an eligible business and continuing for a | ||||||
2 | 25-year
period, the Department shall each month pay into the | ||||||
3 | Energy Infrastructure
Fund 80% of the net revenue realized | ||||||
4 | from the 6.25% general rate on the
selling price of | ||||||
5 | Illinois-mined coal that was sold to an eligible business.
For | ||||||
6 | purposes of this paragraph, the term "eligible business" means | ||||||
7 | a new
electric generating facility certified pursuant to | ||||||
8 | Section 605-332 of the
Department of Commerce and
Economic | ||||||
9 | Opportunity Law of the Civil Administrative
Code of Illinois. | ||||||
10 | Subject to payment of amounts into the Build Illinois | ||||||
11 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
12 | Tax Increment Fund, and the Energy Infrastructure Fund | ||||||
13 | pursuant to the preceding paragraphs or in any amendments to | ||||||
14 | this Section hereafter enacted, beginning on the first day of | ||||||
15 | the first calendar month to occur on or after August 26, 2014 | ||||||
16 | (the effective date of Public Act 98-1098), each month, from | ||||||
17 | the collections made under Section 9 of the Use Tax Act, | ||||||
18 | Section 9 of the Service Use Tax Act, Section 9 of the Service | ||||||
19 | Occupation Tax Act, and Section 3 of the Retailers' Occupation | ||||||
20 | Tax Act, the Department shall pay into the Tax Compliance and | ||||||
21 | Administration Fund, to be used, subject to appropriation, to | ||||||
22 | fund additional auditors and compliance personnel at the | ||||||
23 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
24 | the cash receipts collected during the preceding fiscal year | ||||||
25 | by the Audit Bureau of the Department under the Use Tax Act, | ||||||
26 | the Service Use Tax Act, the Service Occupation Tax Act, the |
| |||||||
| |||||||
1 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
2 | and use taxes administered by the Department. | ||||||
3 | Subject to payments of amounts into the Build Illinois | ||||||
4 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
5 | Tax Increment Fund, the Energy Infrastructure Fund, and the | ||||||
6 | Tax Compliance and Administration Fund as provided in this | ||||||
7 | Section, beginning on July 1, 2018 the Department shall pay | ||||||
8 | each month into the Downstate Public Transportation Fund the | ||||||
9 | moneys required to be so paid under Section 2-3 of the | ||||||
10 | Downstate Public Transportation Act. | ||||||
11 | Subject to successful execution and delivery of a | ||||||
12 | public-private agreement between the public agency and private | ||||||
13 | entity and completion of the civic build, beginning on July 1, | ||||||
14 | 2023, of the remainder of the moneys received by the | ||||||
15 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
16 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
17 | deposit the following specified deposits in the aggregate from | ||||||
18 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
19 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
20 | Act, as required under Section 8.25g of the State Finance Act | ||||||
21 | for distribution consistent with the Public-Private | ||||||
22 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
23 | The moneys received by the Department pursuant to this Act and | ||||||
24 | required to be deposited into the Civic and Transit | ||||||
25 | Infrastructure Fund are subject to the pledge, claim, and | ||||||
26 | charge set forth in Section 25-55 of the Public-Private |
| |||||||
| |||||||
1 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
2 | As used in this paragraph, "civic build", "private entity", | ||||||
3 | "public-private agreement", and "public agency" have the | ||||||
4 | meanings provided in Section 25-10 of the Public-Private | ||||||
5 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
6 | Fiscal Year ............................Total Deposit | ||||||
7 | 2024 ....................................$200,000,000 | ||||||
8 | 2025 ....................................$206,000,000 | ||||||
9 | 2026 ....................................$212,200,000 | ||||||
10 | 2027 ....................................$218,500,000 | ||||||
11 | 2028 ....................................$225,100,000 | ||||||
12 | 2029 ....................................$288,700,000 | ||||||
13 | 2030 ....................................$298,900,000 | ||||||
14 | 2031 ....................................$309,300,000 | ||||||
15 | 2032 ....................................$320,100,000 | ||||||
16 | 2033 ....................................$331,200,000 | ||||||
17 | 2034 ....................................$341,200,000 | ||||||
18 | 2035 ....................................$351,400,000 | ||||||
19 | 2036 ....................................$361,900,000 | ||||||
20 | 2037 ....................................$372,800,000 | ||||||
21 | 2038 ....................................$384,000,000 | ||||||
22 | 2039 ....................................$395,500,000 | ||||||
23 | 2040 ....................................$407,400,000 | ||||||
24 | 2041 ....................................$419,600,000 | ||||||
25 | 2042 ....................................$432,200,000 | ||||||
26 | 2043 ....................................$445,100,000 |
| |||||||
| |||||||
1 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
2 | the payment of amounts into the State and Local Sales Tax | ||||||
3 | Reform Fund, the Build Illinois Fund, the McCormick Place | ||||||
4 | Expansion Project Fund, the Illinois Tax Increment Fund, the | ||||||
5 | Energy Infrastructure Fund, and the Tax Compliance and | ||||||
6 | Administration Fund as provided in this Section, the | ||||||
7 | Department shall pay each month into the Road Fund the amount | ||||||
8 | estimated to represent 16% of the net revenue realized from | ||||||
9 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
10 | 2022 and until July 1, 2023, subject to the payment of amounts | ||||||
11 | into the State and Local Sales Tax Reform Fund, the Build | ||||||
12 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
13 | Illinois Tax Increment Fund, the Energy Infrastructure Fund, | ||||||
14 | and the Tax Compliance and Administration Fund as provided in | ||||||
15 | this Section, the Department shall pay each month into the | ||||||
16 | Road Fund the amount estimated to represent 32% of the net | ||||||
17 | revenue realized from the taxes imposed on motor fuel and | ||||||
18 | gasohol. Beginning July 1, 2023 and until July 1, 2024, | ||||||
19 | subject to the payment of amounts into the State and Local | ||||||
20 | Sales Tax Reform Fund, the Build Illinois Fund, the McCormick | ||||||
21 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
22 | the Energy Infrastructure Fund, and the Tax Compliance and | ||||||
23 | Administration Fund as provided in this Section, the | ||||||
24 | Department shall pay each month into the Road Fund the amount | ||||||
25 | estimated to represent 48% of the net revenue realized from | ||||||
26 | the taxes imposed on motor fuel and gasohol. Beginning July 1, |
| |||||||
| |||||||
1 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
2 | into the State and Local Sales Tax Reform Fund, the Build | ||||||
3 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
4 | Illinois Tax Increment Fund, the Energy Infrastructure Fund, | ||||||
5 | and the Tax Compliance and Administration Fund as provided in | ||||||
6 | this Section, the Department shall pay each month into the | ||||||
7 | Road Fund the amount estimated to represent 64% of the net | ||||||
8 | revenue realized from the taxes imposed on motor fuel and | ||||||
9 | gasohol. Beginning on July 1, 2025, subject to the payment of | ||||||
10 | amounts into the State and Local Sales Tax Reform Fund, the | ||||||
11 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
12 | Fund, the Illinois Tax Increment Fund, the Energy | ||||||
13 | Infrastructure Fund, and the Tax Compliance and Administration | ||||||
14 | Fund as provided in this Section, the Department shall pay | ||||||
15 | each month into the Road Fund the amount estimated to | ||||||
16 | represent 80% of the net revenue realized from the taxes | ||||||
17 | imposed on motor fuel and gasohol. As used in this paragraph | ||||||
18 | "motor fuel" has the meaning given to that term in Section 1.1 | ||||||
19 | of the Motor Fuel Tax Act, and "gasohol" has the meaning given | ||||||
20 | to that term in Section 3-40 of this Act. | ||||||
21 | Of the remainder of the moneys received by the Department | ||||||
22 | pursuant
to this Act, 75% thereof shall be paid into the State | ||||||
23 | Treasury and 25%
shall be reserved in a special account and | ||||||
24 | used only for the transfer to
the Common School Fund as part of | ||||||
25 | the monthly transfer from the General
Revenue Fund in | ||||||
26 | accordance with Section 8a of the State
Finance Act. |
| |||||||
| |||||||
1 | As soon as possible after the first day of each month, upon | ||||||
2 | certification
of the Department of Revenue, the Comptroller | ||||||
3 | shall order transferred and
the Treasurer shall transfer from | ||||||
4 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
5 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
6 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
7 | transfer is no longer required
and shall not be made. | ||||||
8 | Net revenue realized for a month shall be the revenue | ||||||
9 | collected
by the State pursuant to this Act, less the amount | ||||||
10 | paid out during that
month as refunds to taxpayers for | ||||||
11 | overpayment of liability. | ||||||
12 | For greater simplicity of administration, manufacturers, | ||||||
13 | importers
and wholesalers whose products are sold at retail in | ||||||
14 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
15 | assume the responsibility
for accounting and paying to the | ||||||
16 | Department all tax accruing under this
Act with respect to | ||||||
17 | such sales, if the retailers who are affected do not
make | ||||||
18 | written objection to the Department to this arrangement. | ||||||
19 | (Source: P.A. 100-303, eff. 8-24-17; 100-363, eff. 7-1-18; | ||||||
20 | 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, Article | ||||||
21 | 15, Section 15-10, eff. 6-5-19; 101-10, Article 25, Section | ||||||
22 | 25-105, eff. 6-5-19; 101-27, eff. 6-25-19; 101-32, eff. | ||||||
23 | 6-28-19; 101-604, eff. 12-13-19; 101-636, eff. 6-10-20.) | ||||||
24 | Section 15. The Service Use Tax Act is amended by changing | ||||||
25 | Sections 3-10 and 9 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
2 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
3 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
4 | the selling
price of tangible personal property transferred as | ||||||
5 | an incident to the sale
of service, but, for the purpose of | ||||||
6 | computing this tax, in no event shall
the selling price be less | ||||||
7 | than the cost price of the property to the
serviceman.
| ||||||
8 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
9 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
10 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
11 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
12 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
13 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
14 | of property transferred
as an incident to the sale of service | ||||||
15 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
16 | of the selling price of
property transferred as an incident to | ||||||
17 | the sale of service on or after July
1, 2003 and on or before | ||||||
18 | July 1, 2017, and (iii)
100% of the selling price thereafter.
| ||||||
19 | If, at any time, however, the tax under this Act on sales of | ||||||
20 | gasohol, as
defined in
the Use Tax Act, is imposed at the rate | ||||||
21 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
22 | the proceeds of sales of gasohol
made during that time.
| ||||||
23 | With respect to majority blended ethanol fuel, as defined | ||||||
24 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
25 | to the selling price of property transferred
as an incident to |
| |||||||
| |||||||
1 | the sale of service on or after July 1, 2003 and on or before
| ||||||
2 | December 31, 2023 but applies to 100% of the selling price | ||||||
3 | thereafter.
| ||||||
4 | With respect to biodiesel blends, as defined in the Use | ||||||
5 | Tax Act, with no less
than 1% and no
more than 10% biodiesel, | ||||||
6 | the tax imposed by this Act
applies to (i) 80% of the selling | ||||||
7 | price of property transferred as an incident
to the sale of | ||||||
8 | service on or after July 1, 2003 and on or before December 31, | ||||||
9 | 2018
and (ii) 100% of the proceeds of the selling price
| ||||||
10 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
11 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
12 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
13 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
14 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
15 | than 1% and no more than 10% biodiesel
made
during that time.
| ||||||
16 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
17 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
18 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
19 | by this Act
does not apply to the proceeds of the selling price | ||||||
20 | of property transferred
as an incident to the sale of service | ||||||
21 | on or after July 1, 2003 and on or before
December 31, 2023 but | ||||||
22 | applies to 100% of the selling price thereafter.
| ||||||
23 | At the election of any registered serviceman made for each | ||||||
24 | fiscal year,
sales of service in which the aggregate annual | ||||||
25 | cost price of tangible
personal property transferred as an | ||||||
26 | incident to the sales of service is
less than 35%, or 75% in |
| |||||||
| |||||||
1 | the case of servicemen transferring prescription
drugs or | ||||||
2 | servicemen engaged in graphic arts production, of the | ||||||
3 | aggregate
annual total gross receipts from all sales of | ||||||
4 | service, the tax imposed by
this Act shall be based on the | ||||||
5 | serviceman's cost price of the tangible
personal property | ||||||
6 | transferred as an incident to the sale of those services.
| ||||||
7 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
8 | for
immediate consumption and transferred incident to a sale | ||||||
9 | of service subject
to this Act or the Service Occupation Tax | ||||||
10 | Act by an entity licensed under
the Hospital Licensing Act, | ||||||
11 | the Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
12 | MC/DD Act, the Specialized Mental Health Rehabilitation Act of | ||||||
13 | 2013, or the
Child Care
Act of 1969. The tax shall
also be | ||||||
14 | imposed at the rate of 1% on food for human consumption that is | ||||||
15 | to be
consumed off the premises where it is sold (other than | ||||||
16 | alcoholic beverages, food consisting of or infused with adult | ||||||
17 | use cannabis,
soft drinks, and food that has been prepared for | ||||||
18 | immediate consumption and is
not otherwise included in this | ||||||
19 | paragraph) and prescription and nonprescription
medicines, | ||||||
20 | drugs, medical appliances, products classified as Class III | ||||||
21 | medical devices by the United States Food and Drug | ||||||
22 | Administration that are used for cancer treatment pursuant to | ||||||
23 | a prescription, as well as any accessories and components | ||||||
24 | related to those devices, modifications to a motor vehicle for | ||||||
25 | the
purpose of rendering it usable by a person with a | ||||||
26 | disability, and insulin, urine testing
materials,
syringes, |
| |||||||
| |||||||
1 | and needles used by diabetics, for
human use. For the purposes | ||||||
2 | of this Section, until September 1, 2009: the term "soft | ||||||
3 | drinks" means any
complete, finished, ready-to-use, | ||||||
4 | non-alcoholic drink, whether carbonated or
not, including but | ||||||
5 | not limited to soda water, cola, fruit juice, vegetable
juice, | ||||||
6 | carbonated water, and all other preparations commonly known as | ||||||
7 | soft
drinks of whatever kind or description that are contained | ||||||
8 | in any closed or
sealed bottle, can, carton, or container, | ||||||
9 | regardless of size; but "soft drinks"
does not include coffee, | ||||||
10 | tea, non-carbonated water, infant formula, milk or
milk | ||||||
11 | products as defined in the Grade A Pasteurized Milk and Milk | ||||||
12 | Products Act,
or drinks containing 50% or more natural fruit | ||||||
13 | or vegetable juice.
| ||||||
14 | Notwithstanding any other provisions of this
Act, | ||||||
15 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
16 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
17 | drinks" do not include beverages that contain milk or milk | ||||||
18 | products, soy, rice or similar milk substitutes, or greater | ||||||
19 | than 50% of vegetable or fruit juice by volume. | ||||||
20 | Until August 1, 2009, and notwithstanding any other | ||||||
21 | provisions of this Act, "food for human
consumption that is to | ||||||
22 | be consumed off the premises where it is sold" includes
all | ||||||
23 | food sold through a vending machine, except soft drinks and | ||||||
24 | food products
that are dispensed hot from a vending machine, | ||||||
25 | regardless of the location of
the vending machine. Beginning | ||||||
26 | August 1, 2009, and notwithstanding any other provisions of |
| |||||||
| |||||||
1 | this Act, "food for human consumption that is to be consumed | ||||||
2 | off the premises where it is sold" includes all food sold | ||||||
3 | through a vending machine, except soft drinks, candy, and food | ||||||
4 | products that are dispensed hot from a vending machine, | ||||||
5 | regardless of the location of the vending machine.
| ||||||
6 | Notwithstanding any other provisions of this
Act, | ||||||
7 | beginning September 1, 2009, "food for human consumption that | ||||||
8 | is to be consumed off the premises where
it is sold" does not | ||||||
9 | include candy. For purposes of this Section, "candy" means a | ||||||
10 | preparation of sugar, honey, or other natural or artificial | ||||||
11 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
12 | other ingredients or flavorings in the form of bars, drops, or | ||||||
13 | pieces. "Candy" does not include any preparation that contains | ||||||
14 | flour or requires refrigeration. | ||||||
15 | Notwithstanding any other provisions of this
Act, | ||||||
16 | beginning September 1, 2009, "nonprescription medicines and | ||||||
17 | drugs" does not include grooming and hygiene products. For | ||||||
18 | purposes of this Section, "grooming and hygiene products" | ||||||
19 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
20 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
21 | lotions and screens, unless those products are available by | ||||||
22 | prescription only, regardless of whether the products meet the | ||||||
23 | definition of "over-the-counter-drugs". For the purposes of | ||||||
24 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
25 | use that contains a label that identifies the product as a drug | ||||||
26 | as required by 21 C.F.R. ยง 201.66. The "over-the-counter-drug" |
| |||||||
| |||||||
1 | label includes: | ||||||
2 | (A) A "Drug Facts" panel; or | ||||||
3 | (B) A statement of the "active ingredient(s)" with a | ||||||
4 | list of those ingredients contained in the compound, | ||||||
5 | substance or preparation. | ||||||
6 | Beginning on January 1, 2014 (the effective date of Public | ||||||
7 | Act 98-122), "prescription and nonprescription medicines and | ||||||
8 | drugs" includes medical cannabis purchased from a registered | ||||||
9 | dispensing organization under the Compassionate Use of Medical | ||||||
10 | Cannabis Program Act. | ||||||
11 | As used in this Section, "adult use cannabis" means | ||||||
12 | cannabis subject to tax under the Cannabis Cultivation | ||||||
13 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
14 | and does not include cannabis subject to tax under the | ||||||
15 | Compassionate Use of Medical Cannabis Program Act. | ||||||
16 | Beginning January 1, 2022, in addition to all other rates | ||||||
17 | of tax imposed under this Act, a surcharge of 3.75% is imposed | ||||||
18 | on the selling price of (i) each firearm purchased in the State | ||||||
19 | and (ii) each firearm component part that is purchased in the | ||||||
20 | State and sold separately from the firearm. "Firearm" has the | ||||||
21 | meaning ascribed to that term in Section 1.1 of the Firearm | ||||||
22 | Owners Identification Card Act. | ||||||
23 | If the property that is acquired from a serviceman is | ||||||
24 | acquired outside
Illinois and used outside Illinois before | ||||||
25 | being brought to Illinois for use
here and is taxable under | ||||||
26 | this Act, the "selling price" on which the tax
is computed |
| |||||||
| |||||||
1 | shall be reduced by an amount that represents a reasonable
| ||||||
2 | allowance for depreciation for the period of prior | ||||||
3 | out-of-state use.
| ||||||
4 | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; | ||||||
5 | 101-593, eff. 12-4-19.)
| ||||||
6 | (35 ILCS 110/9) (from Ch. 120, par. 439.39)
| ||||||
7 | Sec. 9. Each serviceman required or authorized to collect | ||||||
8 | the tax
herein imposed shall pay to the Department the amount | ||||||
9 | of such tax
(except as otherwise provided) at the time when he | ||||||
10 | is required to file
his return for the period during which such | ||||||
11 | tax was collected, less a
discount of 2.1% prior to January 1, | ||||||
12 | 1990 and 1.75% on and after January 1,
1990, or $5 per calendar | ||||||
13 | year, whichever is greater, which is allowed to
reimburse the | ||||||
14 | serviceman for expenses incurred in collecting the tax,
| ||||||
15 | keeping records, preparing and filing returns, remitting the | ||||||
16 | tax and
supplying data to the Department on request. The | ||||||
17 | discount under this Section is not allowed for the 1.25% | ||||||
18 | portion of taxes paid on aviation fuel that is subject to the | ||||||
19 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
20 | 47133. The discount allowed under this Section is allowed only | ||||||
21 | for returns that are filed in the manner required by this Act. | ||||||
22 | The Department may disallow the discount for servicemen whose | ||||||
23 | certificate of registration is revoked at the time the return | ||||||
24 | is filed, but only if the Department's decision to revoke the | ||||||
25 | certificate of registration has become final. A serviceman |
| |||||||
| |||||||
1 | need not remit
that part of any tax collected by him to the | ||||||
2 | extent that he is required to
pay and does pay the tax imposed | ||||||
3 | by the Service Occupation Tax Act with
respect to his sale of | ||||||
4 | service involving the incidental transfer by him of
the same | ||||||
5 | property. | ||||||
6 | Except as provided hereinafter in this Section, on or | ||||||
7 | before the twentieth
day of each calendar month, such | ||||||
8 | serviceman shall file a return for the
preceding calendar | ||||||
9 | month in accordance with reasonable Rules and
Regulations to | ||||||
10 | be promulgated by the Department. Such return shall be
filed | ||||||
11 | on a form prescribed by the Department and shall contain such
| ||||||
12 | information as the Department may reasonably require. On and | ||||||
13 | after January 1, 2018, with respect to servicemen whose annual | ||||||
14 | gross receipts average $20,000 or more, all returns required | ||||||
15 | to be filed pursuant to this Act shall be filed | ||||||
16 | electronically. Servicemen who demonstrate that they do not | ||||||
17 | have access to the Internet or demonstrate hardship in filing | ||||||
18 | electronically may petition the Department to waive the | ||||||
19 | electronic filing requirement. | ||||||
20 | The Department may require returns to be filed on a | ||||||
21 | quarterly basis.
If so required, a return for each calendar | ||||||
22 | quarter shall be filed on or
before the twentieth day of the | ||||||
23 | calendar month following the end of such
calendar quarter. The | ||||||
24 | taxpayer shall also file a return with the
Department for each | ||||||
25 | of the first two months of each calendar quarter, on or
before | ||||||
26 | the twentieth day of the following calendar month, stating: |
| |||||||
| |||||||
1 | 1. The name of the seller; | ||||||
2 | 2. The address of the principal place of business from | ||||||
3 | which he engages
in business as a serviceman in this | ||||||
4 | State; | ||||||
5 | 3. The total amount of taxable receipts received by | ||||||
6 | him during the
preceding calendar month, including | ||||||
7 | receipts from charge and time sales,
but less all | ||||||
8 | deductions allowed by law; | ||||||
9 | 4. The amount of credit provided in Section 2d of this | ||||||
10 | Act; | ||||||
11 | 5. The amount of tax due; | ||||||
12 | 5-5. The signature of the taxpayer; and | ||||||
13 | 6. Such other reasonable information as the Department | ||||||
14 | may
require. | ||||||
15 | Each serviceman required or authorized to collect the tax | ||||||
16 | imposed by this Act on aviation fuel transferred as an | ||||||
17 | incident of a sale of service in this State during the | ||||||
18 | preceding calendar month shall, instead of reporting and | ||||||
19 | paying tax on aviation fuel as otherwise required by this | ||||||
20 | Section, report and pay such tax on a separate aviation fuel | ||||||
21 | tax return. The requirements related to the return shall be as | ||||||
22 | otherwise provided in this Section. Notwithstanding any other | ||||||
23 | provisions of this Act to the contrary, servicemen collecting | ||||||
24 | tax on aviation fuel shall file all aviation fuel tax returns | ||||||
25 | and shall make all aviation fuel tax payments by electronic | ||||||
26 | means in the manner and form required by the Department. For |
| |||||||
| |||||||
1 | purposes of this Section, "aviation fuel" means jet fuel and | ||||||
2 | aviation gasoline. | ||||||
3 | If a taxpayer fails to sign a return within 30 days after | ||||||
4 | the proper notice
and demand for signature by the Department, | ||||||
5 | the return shall be considered
valid and any amount shown to be | ||||||
6 | due on the return shall be deemed assessed. | ||||||
7 | Notwithstanding any other provision of this Act to the | ||||||
8 | contrary, servicemen subject to tax on cannabis shall file all | ||||||
9 | cannabis tax returns and shall make all cannabis tax payments | ||||||
10 | by electronic means in the manner and form required by the | ||||||
11 | Department. | ||||||
12 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
13 | monthly tax
liability of $150,000 or more shall make all | ||||||
14 | payments required by rules of
the Department by electronic | ||||||
15 | funds transfer. Beginning October 1, 1994, a
taxpayer who has | ||||||
16 | an average monthly tax liability of $100,000 or more shall
| ||||||
17 | make all payments required by rules of the Department by | ||||||
18 | electronic funds
transfer. Beginning October 1, 1995, a | ||||||
19 | taxpayer who has an average monthly
tax liability of $50,000 | ||||||
20 | or more shall make all payments required by rules
of the | ||||||
21 | Department by electronic funds transfer.
Beginning October 1, | ||||||
22 | 2000, a taxpayer who has an annual tax liability of
$200,000 or | ||||||
23 | more shall make all payments required by rules of the | ||||||
24 | Department by
electronic funds transfer. The term "annual tax | ||||||
25 | liability" shall be the sum of
the taxpayer's liabilities | ||||||
26 | under this Act, and under all other State and local
occupation |
| |||||||
| |||||||
1 | and use tax laws administered by the Department, for the | ||||||
2 | immediately
preceding calendar year.
The term "average monthly | ||||||
3 | tax
liability" means the sum of the taxpayer's liabilities | ||||||
4 | under this Act, and
under all other State and local occupation | ||||||
5 | and use tax laws administered by the
Department, for the | ||||||
6 | immediately preceding calendar year divided by 12.
Beginning | ||||||
7 | on October 1, 2002, a taxpayer who has a tax liability in the
| ||||||
8 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
9 | Department of
Revenue Law shall make all payments required by | ||||||
10 | rules of the Department by
electronic funds transfer. | ||||||
11 | Before August 1 of each year beginning in 1993, the | ||||||
12 | Department shall
notify all taxpayers required to make | ||||||
13 | payments by electronic funds transfer.
All taxpayers required | ||||||
14 | to make payments by electronic funds transfer shall
make those | ||||||
15 | payments for a minimum of one year beginning on October 1. | ||||||
16 | Any taxpayer not required to make payments by electronic | ||||||
17 | funds transfer
may make payments by electronic funds transfer | ||||||
18 | with the permission of the
Department. | ||||||
19 | All taxpayers required to make payment by electronic funds | ||||||
20 | transfer and
any taxpayers authorized to voluntarily make | ||||||
21 | payments by electronic funds
transfer shall make those | ||||||
22 | payments in the manner authorized by the Department. | ||||||
23 | The Department shall adopt such rules as are necessary to | ||||||
24 | effectuate a
program of electronic funds transfer and the | ||||||
25 | requirements of this Section. | ||||||
26 | If the serviceman is otherwise required to file a monthly |
| |||||||
| |||||||
1 | return and
if the serviceman's average monthly tax liability | ||||||
2 | to the Department
does not exceed $200, the Department may | ||||||
3 | authorize his returns to be
filed on a quarter annual basis, | ||||||
4 | with the return for January, February
and March of a given year | ||||||
5 | being due by April 20 of such year; with the
return for April, | ||||||
6 | May and June of a given year being due by July 20 of
such year; | ||||||
7 | with the return for July, August and September of a given
year | ||||||
8 | being due by October 20 of such year, and with the return for
| ||||||
9 | October, November and December of a given year being due by | ||||||
10 | January 20
of the following year. | ||||||
11 | If the serviceman is otherwise required to file a monthly | ||||||
12 | or quarterly
return and if the serviceman's average monthly | ||||||
13 | tax liability to the Department
does not exceed $50, the | ||||||
14 | Department may authorize his returns to be
filed on an annual | ||||||
15 | basis, with the return for a given year being due by
January 20 | ||||||
16 | of the following year. | ||||||
17 | Such quarter annual and annual returns, as to form and | ||||||
18 | substance,
shall be subject to the same requirements as | ||||||
19 | monthly returns. | ||||||
20 | Notwithstanding any other provision in this Act concerning | ||||||
21 | the time
within which a serviceman may file his return, in the | ||||||
22 | case of any
serviceman who ceases to engage in a kind of | ||||||
23 | business which makes him
responsible for filing returns under | ||||||
24 | this Act, such serviceman shall
file a final return under this | ||||||
25 | Act with the Department not more than 1
month after | ||||||
26 | discontinuing such business. |
| |||||||
| |||||||
1 | Where a serviceman collects the tax with respect to the | ||||||
2 | selling price of
property which he sells and the purchaser | ||||||
3 | thereafter returns such
property and the serviceman refunds | ||||||
4 | the selling price thereof to the
purchaser, such serviceman | ||||||
5 | shall also refund, to the purchaser, the tax
so collected from | ||||||
6 | the purchaser. When filing his return for the period
in which | ||||||
7 | he refunds such tax to the purchaser, the serviceman may | ||||||
8 | deduct
the amount of the tax so refunded by him to the | ||||||
9 | purchaser from any other
Service Use Tax, Service Occupation | ||||||
10 | Tax, retailers' occupation tax or
use tax which such | ||||||
11 | serviceman may be required to pay or remit to the
Department, | ||||||
12 | as shown by such return, provided that the amount of the tax
to | ||||||
13 | be deducted shall previously have been remitted to the | ||||||
14 | Department by
such serviceman. If the serviceman shall not | ||||||
15 | previously have remitted
the amount of such tax to the | ||||||
16 | Department, he shall be entitled to no
deduction hereunder | ||||||
17 | upon refunding such tax to the purchaser. | ||||||
18 | Any serviceman filing a return hereunder shall also | ||||||
19 | include the total
tax upon the selling price of tangible | ||||||
20 | personal property purchased for use
by him as an incident to a | ||||||
21 | sale of service, and such serviceman shall remit
the amount of | ||||||
22 | such tax to the Department when filing such return. | ||||||
23 | If experience indicates such action to be practicable, the | ||||||
24 | Department
may prescribe and furnish a combination or joint | ||||||
25 | return which will
enable servicemen, who are required to file | ||||||
26 | returns hereunder and also
under the Service Occupation Tax |
| |||||||
| |||||||
1 | Act, to furnish all the return
information required by both | ||||||
2 | Acts on the one form. | ||||||
3 | Where the serviceman has more than one business registered | ||||||
4 | with the
Department under separate registration hereunder, | ||||||
5 | such serviceman shall
not file each return that is due as a | ||||||
6 | single return covering all such
registered businesses, but | ||||||
7 | shall file separate returns for each such
registered business. | ||||||
8 | Beginning January 1, 1990, each month the Department shall | ||||||
9 | pay into
the State and Local Tax Reform Fund, a special fund in | ||||||
10 | the State Treasury,
the net revenue realized for the preceding | ||||||
11 | month from the 1% tax imposed under this Act. | ||||||
12 | Beginning January 1, 1990, each month the Department shall | ||||||
13 | pay into
the State and Local Sales Tax Reform Fund 20% of the | ||||||
14 | net revenue realized
for the preceding month from the 6.25% | ||||||
15 | general rate on transfers of
tangible personal property, other | ||||||
16 | than (i) tangible personal property which is
purchased outside | ||||||
17 | Illinois at retail from a retailer and which is titled or
| ||||||
18 | registered by an agency of this State's government and (ii) | ||||||
19 | aviation fuel sold on or after December 1, 2019. This | ||||||
20 | exception for aviation fuel only applies for so long as the | ||||||
21 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
22 | 47133 are binding on the State. | ||||||
23 | For aviation fuel sold on or after December 1, 2019, each | ||||||
24 | month the Department shall pay into the State Aviation Program | ||||||
25 | Fund 20% of the net revenue realized for the preceding month | ||||||
26 | from the 6.25% general rate on the selling price of aviation |
| |||||||
| |||||||
1 | fuel, less an amount estimated by the Department to be | ||||||
2 | required for refunds of the 20% portion of the tax on aviation | ||||||
3 | fuel under this Act, which amount shall be deposited into the | ||||||
4 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
5 | pay moneys into the State Aviation Program Fund and the | ||||||
6 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
7 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
8 | U.S.C. 47133 are binding on the State. | ||||||
9 | Beginning August 1, 2000, each
month the Department shall | ||||||
10 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
11 | net revenue realized for the
preceding
month from the 1.25% | ||||||
12 | rate on the selling price of motor fuel and gasohol. | ||||||
13 | Beginning October 1, 2009, each month the Department shall | ||||||
14 | pay into the Capital Projects Fund an amount that is equal to | ||||||
15 | an amount estimated by the Department to represent 80% of the | ||||||
16 | net revenue realized for the preceding month from the sale of | ||||||
17 | candy, grooming and hygiene products, and soft drinks that had | ||||||
18 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
19 | are now taxed at 6.25%. | ||||||
20 | Beginning July 1, 2013, each month the Department shall | ||||||
21 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
22 | collected under this Act, the Use Tax Act, the Service | ||||||
23 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
24 | amount equal to the average monthly deficit in the Underground | ||||||
25 | Storage Tank Fund during the prior year, as certified annually | ||||||
26 | by the Illinois Environmental Protection Agency, but the total |
| |||||||
| |||||||
1 | payment into the Underground Storage Tank Fund under this Act, | ||||||
2 | the Use Tax Act, the Service Occupation Tax Act, and the | ||||||
3 | Retailers' Occupation Tax Act shall not exceed $18,000,000 in | ||||||
4 | any State fiscal year. As used in this paragraph, the "average | ||||||
5 | monthly deficit" shall be equal to the difference between the | ||||||
6 | average monthly claims for payment by the fund and the average | ||||||
7 | monthly revenues deposited into the fund, excluding payments | ||||||
8 | made pursuant to this paragraph. | ||||||
9 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
10 | received by the Department under the Use Tax Act, this Act, the | ||||||
11 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
12 | Act, each month the Department shall deposit $500,000 into the | ||||||
13 | State Crime Laboratory Fund. | ||||||
14 | Beginning January 1, 2022, the Department shall pay into | ||||||
15 | the Youthbuild Assistance Fund 100% of the net revenue | ||||||
16 | realized for the preceding month from the 3.75% surcharge on | ||||||
17 | the selling price of firearms and firearm component parts. | ||||||
18 | Of the remainder of the moneys received by the Department | ||||||
19 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
20 | Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
21 | and after July 1,
1989, 3.8% thereof shall be paid into the | ||||||
22 | Build Illinois Fund; provided,
however, that if in any fiscal | ||||||
23 | year the sum of (1) the aggregate of 2.2% or
3.8%, as the case | ||||||
24 | may be, of the moneys received by the Department and
required | ||||||
25 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
26 | of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax |
| |||||||
| |||||||
1 | Act, Section 9
of the Service Use Tax Act, and Section 9 of the | ||||||
2 | Service Occupation Tax
Act, such Acts being hereinafter called | ||||||
3 | the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | ||||||
4 | may be, of moneys being hereinafter called the
"Tax Act | ||||||
5 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
6 | Fund
from the State and Local Sales Tax Reform Fund shall be | ||||||
7 | less than the
Annual Specified Amount (as defined in Section 3 | ||||||
8 | of the Retailers'
Occupation Tax Act), an amount equal to the | ||||||
9 | difference shall be immediately
paid into the Build Illinois | ||||||
10 | Fund from other moneys received by the
Department pursuant to | ||||||
11 | the Tax Acts; and further provided, that if on the
last | ||||||
12 | business day of any month the sum of (1) the Tax Act Amount | ||||||
13 | required
to be deposited into the Build Illinois Bond Account | ||||||
14 | in the Build Illinois
Fund during such month and (2) the amount | ||||||
15 | transferred during such month to
the Build Illinois Fund from | ||||||
16 | the State and Local Sales Tax Reform Fund
shall have been less | ||||||
17 | than 1/12 of the Annual Specified Amount, an amount
equal to | ||||||
18 | the difference shall be immediately paid into the Build | ||||||
19 | Illinois
Fund from other moneys received by the Department | ||||||
20 | pursuant to the Tax Acts;
and, further provided, that in no | ||||||
21 | event shall the payments required under
the preceding proviso | ||||||
22 | result in aggregate payments into the Build Illinois
Fund | ||||||
23 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
24 | the
greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
25 | Specified Amount for
such fiscal year; and, further provided, | ||||||
26 | that the amounts payable into the
Build Illinois Fund under |
| |||||||
| |||||||
1 | this clause (b) shall be payable only until such
time as the | ||||||
2 | aggregate amount on deposit under each trust indenture | ||||||
3 | securing
Bonds issued and outstanding pursuant to the Build | ||||||
4 | Illinois Bond Act is
sufficient, taking into account any | ||||||
5 | future investment income, to fully
provide, in accordance with | ||||||
6 | such indenture, for the defeasance of or the
payment of the | ||||||
7 | principal of, premium, if any, and interest on the Bonds
| ||||||
8 | secured by such indenture and on any Bonds expected to be | ||||||
9 | issued thereafter
and all fees and costs payable with respect | ||||||
10 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
11 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
12 | the last business day of
any month in which Bonds are | ||||||
13 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
14 | aggregate of the moneys deposited in the Build Illinois Bond
| ||||||
15 | Account in the Build Illinois Fund in such month shall be less | ||||||
16 | than the
amount required to be transferred in such month from | ||||||
17 | the Build Illinois
Bond Account to the Build Illinois Bond | ||||||
18 | Retirement and Interest Fund
pursuant to Section 13 of the | ||||||
19 | Build Illinois Bond Act, an amount equal to
such deficiency | ||||||
20 | shall be immediately paid from other moneys received by the
| ||||||
21 | Department pursuant to the Tax Acts to the Build Illinois | ||||||
22 | Fund; provided,
however, that any amounts paid to the Build | ||||||
23 | Illinois Fund in any fiscal
year pursuant to this sentence | ||||||
24 | shall be deemed to constitute payments
pursuant to clause (b) | ||||||
25 | of the preceding sentence and shall reduce the
amount | ||||||
26 | otherwise payable for such fiscal year pursuant to clause (b) |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | of the
preceding sentence. The moneys received by the | |||||||||||||||||||||||||||||||||||||||||
2 | Department pursuant to this
Act and required to be deposited | |||||||||||||||||||||||||||||||||||||||||
3 | into the Build Illinois Fund are subject
to the pledge, claim | |||||||||||||||||||||||||||||||||||||||||
4 | and charge set forth in Section 12 of the Build Illinois
Bond | |||||||||||||||||||||||||||||||||||||||||
5 | Act. | |||||||||||||||||||||||||||||||||||||||||
6 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||
7 | as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||||||||||||
8 | thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||||||||||||||||||||
9 | installment of the amount requested in the
certificate of the | |||||||||||||||||||||||||||||||||||||||||
10 | Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||||||||||||||||||||||
11 | provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||||||||||||
12 | in
excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||||||||||||||
13 | deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||
14 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||
15 | 9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||||||||||||||||||||||
16 | Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||||||||||||||||||||
17 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||
|
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20 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | (g) of Section 13
of the Metropolitan Pier and Exposition |
| |||||||
| |||||||
1 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||
2 | required under this Section for previous
months and years, | ||||||
3 | shall be deposited into the McCormick Place Expansion
Project | ||||||
4 | Fund, until the full amount requested for the fiscal year, but | ||||||
5 | not
in excess of the amount specified above as "Total | ||||||
6 | Deposit", has been deposited. | ||||||
7 | Subject to payment of amounts into the Capital Projects | ||||||
8 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||
9 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
10 | preceding paragraphs or in any amendments thereto hereafter | ||||||
11 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||
12 | the Department shall each month deposit into the Aviation Fuel | ||||||
13 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
14 | be required for refunds of the 80% portion of the tax on | ||||||
15 | aviation fuel under this Act. The Department shall only | ||||||
16 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
17 | under this paragraph for so long as the revenue use | ||||||
18 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
19 | binding on the State. | ||||||
20 | Subject to payment of amounts into the Build Illinois Fund | ||||||
21 | and the
McCormick Place Expansion Project Fund
pursuant to the | ||||||
22 | preceding paragraphs or in any amendments thereto hereafter
| ||||||
23 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
24 | 2013, the Department shall each month pay into the
Illinois | ||||||
25 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
26 | the
preceding month from the 6.25% general rate on the selling |
| |||||||
| |||||||
1 | price of tangible
personal property. | ||||||
2 | Subject to payment of amounts into the Build Illinois Fund | ||||||
3 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
4 | preceding paragraphs or
in any
amendments thereto hereafter | ||||||
5 | enacted, beginning with the receipt of the first
report of | ||||||
6 | taxes paid by an eligible business and continuing for a | ||||||
7 | 25-year
period, the Department shall each month pay into the | ||||||
8 | Energy Infrastructure
Fund 80% of the net revenue realized | ||||||
9 | from the 6.25% general rate on the
selling price of | ||||||
10 | Illinois-mined coal that was sold to an eligible business.
For | ||||||
11 | purposes of this paragraph, the term "eligible business" means | ||||||
12 | a new
electric generating facility certified pursuant to | ||||||
13 | Section 605-332 of the
Department of Commerce and
Economic | ||||||
14 | Opportunity Law of the Civil Administrative
Code of Illinois. | ||||||
15 | Subject to payment of amounts into the Build Illinois | ||||||
16 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
17 | Tax Increment Fund, and the Energy Infrastructure Fund | ||||||
18 | pursuant to the preceding paragraphs or in any amendments to | ||||||
19 | this Section hereafter enacted, beginning on the first day of | ||||||
20 | the first calendar month to occur on or after August 26, 2014 | ||||||
21 | (the effective date of Public Act 98-1098), each month, from | ||||||
22 | the collections made under Section 9 of the Use Tax Act, | ||||||
23 | Section 9 of the Service Use Tax Act, Section 9 of the Service | ||||||
24 | Occupation Tax Act, and Section 3 of the Retailers' Occupation | ||||||
25 | Tax Act, the Department shall pay into the Tax Compliance and | ||||||
26 | Administration Fund, to be used, subject to appropriation, to |
| |||||||
| |||||||
1 | fund additional auditors and compliance personnel at the | ||||||
2 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
3 | the cash receipts collected during the preceding fiscal year | ||||||
4 | by the Audit Bureau of the Department under the Use Tax Act, | ||||||
5 | the Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
6 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
7 | and use taxes administered by the Department. | ||||||
8 | Subject to payments of amounts into the Build Illinois | ||||||
9 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
10 | Tax Increment Fund, the Energy Infrastructure Fund, and the | ||||||
11 | Tax Compliance and Administration Fund as provided in this | ||||||
12 | Section, beginning on July 1, 2018 the Department shall pay | ||||||
13 | each month into the Downstate Public Transportation Fund the | ||||||
14 | moneys required to be so paid under Section 2-3 of the | ||||||
15 | Downstate Public Transportation Act. | ||||||
16 | Subject to successful execution and delivery of a | ||||||
17 | public-private agreement between the public agency and private | ||||||
18 | entity and completion of the civic build, beginning on July 1, | ||||||
19 | 2023, of the remainder of the moneys received by the | ||||||
20 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
21 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
22 | deposit the following specified deposits in the aggregate from | ||||||
23 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
24 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
25 | Act, as required under Section 8.25g of the State Finance Act | ||||||
26 | for distribution consistent with the Public-Private |
| |||||||
| |||||||
1 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
2 | The moneys received by the Department pursuant to this Act and | ||||||
3 | required to be deposited into the Civic and Transit | ||||||
4 | Infrastructure Fund are subject to the pledge, claim, and | ||||||
5 | charge set forth in Section 25-55 of the Public-Private | ||||||
6 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
7 | As used in this paragraph, "civic build", "private entity", | ||||||
8 | "public-private agreement", and "public agency" have the | ||||||
9 | meanings provided in Section 25-10 of the Public-Private | ||||||
10 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
11 | Fiscal Year ............................Total Deposit | ||||||
12 | 2024 ....................................$200,000,000 | ||||||
13 | 2025 ....................................$206,000,000 | ||||||
14 | 2026 ....................................$212,200,000 | ||||||
15 | 2027 ....................................$218,500,000 | ||||||
16 | 2028 ....................................$225,100,000 | ||||||
17 | 2029 ....................................$288,700,000 | ||||||
18 | 2030 ....................................$298,900,000 | ||||||
19 | 2031 ....................................$309,300,000 | ||||||
20 | 2032 ....................................$320,100,000 | ||||||
21 | 2033 ....................................$331,200,000 | ||||||
22 | 2034 ....................................$341,200,000 | ||||||
23 | 2035 ....................................$351,400,000 | ||||||
24 | 2036 ....................................$361,900,000 | ||||||
25 | 2037 ....................................$372,800,000 | ||||||
26 | 2038 ....................................$384,000,000 |
| |||||||
| |||||||
1 | 2039 ....................................$395,500,000 | ||||||
2 | 2040 ....................................$407,400,000 | ||||||
3 | 2041 ....................................$419,600,000 | ||||||
4 | 2042 ....................................$432,200,000 | ||||||
5 | 2043 ....................................$445,100,000 | ||||||
6 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
7 | the payment of amounts into the State and Local Sales Tax | ||||||
8 | Reform Fund, the Build Illinois Fund, the McCormick Place | ||||||
9 | Expansion Project Fund, the Illinois Tax Increment Fund, the | ||||||
10 | Energy Infrastructure Fund, and the Tax Compliance and | ||||||
11 | Administration Fund as provided in this Section, the | ||||||
12 | Department shall pay each month into the Road Fund the amount | ||||||
13 | estimated to represent 16% of the net revenue realized from | ||||||
14 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
15 | 2022 and until July 1, 2023, subject to the payment of amounts | ||||||
16 | into the State and Local Sales Tax Reform Fund, the Build | ||||||
17 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
18 | Illinois Tax Increment Fund, the Energy Infrastructure Fund, | ||||||
19 | and the Tax Compliance and Administration Fund as provided in | ||||||
20 | this Section, the Department shall pay each month into the | ||||||
21 | Road Fund the amount estimated to represent 32% of the net | ||||||
22 | revenue realized from the taxes imposed on motor fuel and | ||||||
23 | gasohol. Beginning July 1, 2023 and until July 1, 2024, | ||||||
24 | subject to the payment of amounts into the State and Local | ||||||
25 | Sales Tax Reform Fund, the Build Illinois Fund, the McCormick | ||||||
26 | Place Expansion Project Fund, the Illinois Tax Increment Fund, |
| |||||||
| |||||||
1 | the Energy Infrastructure Fund, and the Tax Compliance and | ||||||
2 | Administration Fund as provided in this Section, the | ||||||
3 | Department shall pay each month into the Road Fund the amount | ||||||
4 | estimated to represent 48% of the net revenue realized from | ||||||
5 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
6 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
7 | into the State and Local Sales Tax Reform Fund, the Build | ||||||
8 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
9 | Illinois Tax Increment Fund, the Energy Infrastructure Fund, | ||||||
10 | and the Tax Compliance and Administration Fund as provided in | ||||||
11 | this Section, the Department shall pay each month into the | ||||||
12 | Road Fund the amount estimated to represent 64% of the net | ||||||
13 | revenue realized from the taxes imposed on motor fuel and | ||||||
14 | gasohol. Beginning on July 1, 2025, subject to the payment of | ||||||
15 | amounts into the State and Local Sales Tax Reform Fund, the | ||||||
16 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
17 | Fund, the Illinois Tax Increment Fund, the Energy | ||||||
18 | Infrastructure Fund, and the Tax Compliance and Administration | ||||||
19 | Fund as provided in this Section, the Department shall pay | ||||||
20 | each month into the Road Fund the amount estimated to | ||||||
21 | represent 80% of the net revenue realized from the taxes | ||||||
22 | imposed on motor fuel and gasohol. As used in this paragraph | ||||||
23 | "motor fuel" has the meaning given to that term in Section 1.1 | ||||||
24 | of the Motor Fuel Tax Act, and "gasohol" has the meaning given | ||||||
25 | to that term in Section 3-40 of the Use Tax Act. | ||||||
26 | Of the remainder of the moneys received by the Department |
| |||||||
| |||||||
1 | pursuant to this
Act, 75% thereof shall be paid into the | ||||||
2 | General Revenue Fund of the State Treasury and 25% shall be | ||||||
3 | reserved in a special account and used only for the transfer to | ||||||
4 | the Common School Fund as part of the monthly transfer from the | ||||||
5 | General Revenue Fund in accordance with Section 8a of the | ||||||
6 | State Finance Act. | ||||||
7 | As soon as possible after the first day of each month, upon | ||||||
8 | certification
of the Department of Revenue, the Comptroller | ||||||
9 | shall order transferred and
the Treasurer shall transfer from | ||||||
10 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
11 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
12 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
13 | transfer is no longer required
and shall not be made. | ||||||
14 | Net revenue realized for a month shall be the revenue | ||||||
15 | collected by the State
pursuant to this Act, less the amount | ||||||
16 | paid out during that month as refunds
to taxpayers for | ||||||
17 | overpayment of liability. | ||||||
18 | (Source: P.A. 100-303, eff. 8-24-17; 100-363, eff. 7-1-18; | ||||||
19 | 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, Article | ||||||
20 | 15, Section 15-15, eff. 6-5-19; 101-10, Article 25, Section | ||||||
21 | 25-110, eff. 6-5-19; 101-27, eff. 6-25-19; 101-32, eff. | ||||||
22 | 6-28-19; 101-604, eff. 12-13-19; 101-636, eff. 6-10-20.) | ||||||
23 | Section 20. The Service Occupation Tax Act is amended by | ||||||
24 | changing Sections 3-10 and 9 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
2 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
3 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
4 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
5 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
6 | computing this tax, in no event
shall the "selling price" be | ||||||
7 | less than the cost price to the serviceman of
the tangible | ||||||
8 | personal property transferred. The selling price of each item
| ||||||
9 | of tangible personal property transferred as an incident of a | ||||||
10 | sale of
service may be shown as a distinct and separate item on | ||||||
11 | the serviceman's
billing to the service customer. If the | ||||||
12 | selling price is not so shown, the
selling price of the | ||||||
13 | tangible personal property is deemed to be 50% of the
| ||||||
14 | serviceman's entire billing to the service customer. When, | ||||||
15 | however, a
serviceman contracts to design, develop, and | ||||||
16 | produce special order machinery or
equipment, the tax imposed | ||||||
17 | by this Act shall be based on the serviceman's
cost price of | ||||||
18 | the tangible personal property transferred incident to the
| ||||||
19 | completion of the contract.
| ||||||
20 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
21 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
22 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
23 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
24 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
25 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
26 | price of property
transferred as
an incident to the sale of |
| |||||||
| |||||||
1 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
2 | (ii) 80% of the selling price of property transferred as an
| ||||||
3 | incident to the sale of service on or after July
1, 2003 and on | ||||||
4 | or before July 1, 2017, and (iii) 100%
of
the cost price
| ||||||
5 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
6 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
7 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
8 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
9 | With respect to majority blended ethanol fuel, as defined | ||||||
10 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
11 | to the selling price of property transferred
as an incident to | ||||||
12 | the sale of service on or after July 1, 2003 and on or before
| ||||||
13 | December 31, 2023 but applies to 100% of the selling price | ||||||
14 | thereafter.
| ||||||
15 | With respect to biodiesel blends, as defined in the Use | ||||||
16 | Tax Act, with no less
than 1% and no
more than 10% biodiesel, | ||||||
17 | the tax imposed by this Act
applies to (i) 80% of the selling | ||||||
18 | price of property transferred as an incident
to the sale of | ||||||
19 | service on or after July 1, 2003 and on or before December 31, | ||||||
20 | 2018
and (ii) 100% of the proceeds of the selling price
| ||||||
21 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
22 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
23 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
24 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
25 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
26 | than 1% and no more than 10% biodiesel
made
during that time.
|
| |||||||
| |||||||
1 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
2 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
3 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
4 | imposed by this
Act
does not apply to the proceeds of the | ||||||
5 | selling price of property transferred
as an incident to the | ||||||
6 | sale of service on or after July 1, 2003 and on or before
| ||||||
7 | December 31, 2023 but applies to 100% of the selling price | ||||||
8 | thereafter.
| ||||||
9 | At the election of any registered serviceman made for each | ||||||
10 | fiscal year,
sales of service in which the aggregate annual | ||||||
11 | cost price of tangible
personal property transferred as an | ||||||
12 | incident to the sales of service is
less than 35%, or 75% in | ||||||
13 | the case of servicemen transferring prescription
drugs or | ||||||
14 | servicemen engaged in graphic arts production, of the | ||||||
15 | aggregate
annual total gross receipts from all sales of | ||||||
16 | service, the tax imposed by
this Act shall be based on the | ||||||
17 | serviceman's cost price of the tangible
personal property | ||||||
18 | transferred incident to the sale of those services.
| ||||||
19 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
20 | for
immediate consumption and transferred incident to a sale | ||||||
21 | of service subject
to this Act or the Service Occupation Tax | ||||||
22 | Act by an entity licensed under
the Hospital Licensing Act, | ||||||
23 | the Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
24 | MC/DD Act, the Specialized Mental Health Rehabilitation Act of | ||||||
25 | 2013, or the
Child Care Act of 1969. The tax shall
also be | ||||||
26 | imposed at the rate of 1% on food for human consumption that is
|
| |||||||
| |||||||
1 | to be consumed off the
premises where it is sold (other than | ||||||
2 | alcoholic beverages, food consisting of or infused with adult | ||||||
3 | use cannabis, soft drinks, and
food that has been prepared for | ||||||
4 | immediate consumption and is not
otherwise included in this | ||||||
5 | paragraph) and prescription and
nonprescription medicines, | ||||||
6 | drugs, medical appliances, products classified as Class III | ||||||
7 | medical devices by the United States Food and Drug | ||||||
8 | Administration that are used for cancer treatment pursuant to | ||||||
9 | a prescription, as well as any accessories and components | ||||||
10 | related to those devices, modifications to a motor
vehicle for | ||||||
11 | the purpose of rendering it usable by a person with a | ||||||
12 | disability, and
insulin, urine testing materials, syringes, | ||||||
13 | and needles used by diabetics, for
human use. For the purposes | ||||||
14 | of this Section, until September 1, 2009: the term "soft | ||||||
15 | drinks" means any
complete, finished, ready-to-use, | ||||||
16 | non-alcoholic drink, whether carbonated or
not, including but | ||||||
17 | not limited to soda water, cola, fruit juice, vegetable
juice, | ||||||
18 | carbonated water, and all other preparations commonly known as | ||||||
19 | soft
drinks of whatever kind or description that are contained | ||||||
20 | in any closed or
sealed can, carton, or container, regardless | ||||||
21 | of size; but "soft drinks" does not
include coffee, tea, | ||||||
22 | non-carbonated water, infant formula, milk or milk
products as | ||||||
23 | defined in the Grade A Pasteurized Milk and Milk Products Act, | ||||||
24 | or
drinks containing 50% or more natural fruit or vegetable | ||||||
25 | juice.
| ||||||
26 | Notwithstanding any other provisions of this
Act, |
| |||||||
| |||||||
1 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
2 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
3 | drinks" do not include beverages that contain milk or milk | ||||||
4 | products, soy, rice or similar milk substitutes, or greater | ||||||
5 | than 50% of vegetable or fruit juice by volume. | ||||||
6 | Until August 1, 2009, and notwithstanding any other | ||||||
7 | provisions of this Act, "food for human consumption
that is to | ||||||
8 | be consumed off the premises where it is sold" includes all | ||||||
9 | food
sold through a vending machine, except soft drinks and | ||||||
10 | food products that are
dispensed hot from a vending machine, | ||||||
11 | regardless of the location of the vending
machine. Beginning | ||||||
12 | August 1, 2009, and notwithstanding any other provisions of | ||||||
13 | this Act, "food for human consumption that is to be consumed | ||||||
14 | off the premises where it is sold" includes all food sold | ||||||
15 | through a vending machine, except soft drinks, candy, and food | ||||||
16 | products that are dispensed hot from a vending machine, | ||||||
17 | regardless of the location of the vending machine.
| ||||||
18 | Notwithstanding any other provisions of this
Act, | ||||||
19 | beginning September 1, 2009, "food for human consumption that | ||||||
20 | is to be consumed off the premises where
it is sold" does not | ||||||
21 | include candy. For purposes of this Section, "candy" means a | ||||||
22 | preparation of sugar, honey, or other natural or artificial | ||||||
23 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
24 | other ingredients or flavorings in the form of bars, drops, or | ||||||
25 | pieces. "Candy" does not include any preparation that contains | ||||||
26 | flour or requires refrigeration. |
| |||||||
| |||||||
1 | Notwithstanding any other provisions of this
Act, | ||||||
2 | beginning September 1, 2009, "nonprescription medicines and | ||||||
3 | drugs" does not include grooming and hygiene products. For | ||||||
4 | purposes of this Section, "grooming and hygiene products" | ||||||
5 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
6 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
7 | lotions and screens, unless those products are available by | ||||||
8 | prescription only, regardless of whether the products meet the | ||||||
9 | definition of "over-the-counter-drugs". For the purposes of | ||||||
10 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
11 | use that contains a label that identifies the product as a drug | ||||||
12 | as required by 21 C.F.R. ยง 201.66. The "over-the-counter-drug" | ||||||
13 | label includes: | ||||||
14 | (A) A "Drug Facts" panel; or | ||||||
15 | (B) A statement of the "active ingredient(s)" with a | ||||||
16 | list of those ingredients contained in the compound, | ||||||
17 | substance or preparation. | ||||||
18 | Beginning on January 1, 2014 (the effective date of Public | ||||||
19 | Act 98-122), "prescription and nonprescription medicines and | ||||||
20 | drugs" includes medical cannabis purchased from a registered | ||||||
21 | dispensing organization under the Compassionate Use of Medical | ||||||
22 | Cannabis Program Act. | ||||||
23 | As used in this Section, "adult use cannabis" means | ||||||
24 | cannabis subject to tax under the Cannabis Cultivation | ||||||
25 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
26 | and does not include cannabis subject to tax under the |
| |||||||
| |||||||
1 | Compassionate Use of Medical Cannabis Program Act. | ||||||
2 | Beginning January 1, 2022, in addition to all other rates | ||||||
3 | of tax imposed under this Act, a surcharge of 3.75% is imposed | ||||||
4 | on the selling price of (i) each firearm purchased in the State | ||||||
5 | and (ii) each firearm component part that is purchased in the | ||||||
6 | State and sold separately from the firearm. "Firearm" has the | ||||||
7 | meaning ascribed to that term in Section 1.1 of the Firearm | ||||||
8 | Owners Identification Card Act. | ||||||
9 | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; | ||||||
10 | 101-593, eff. 12-4-19.)
| ||||||
11 | (35 ILCS 115/9) (from Ch. 120, par. 439.109)
| ||||||
12 | Sec. 9. Each serviceman required or authorized to collect | ||||||
13 | the tax
herein imposed shall pay to the Department the amount | ||||||
14 | of such tax at the
time when he is required to file his return | ||||||
15 | for the period during which
such tax was collectible, less a | ||||||
16 | discount of 2.1% prior to
January 1, 1990, and 1.75% on and | ||||||
17 | after January 1, 1990, or
$5 per calendar year, whichever is | ||||||
18 | greater, which is allowed to reimburse
the serviceman for | ||||||
19 | expenses incurred in collecting the tax, keeping
records, | ||||||
20 | preparing and filing returns, remitting the tax and supplying | ||||||
21 | data
to the Department on request. The discount under this | ||||||
22 | Section is not allowed for the 1.25% portion of taxes paid on | ||||||
23 | aviation fuel that is subject to the revenue use requirements | ||||||
24 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The discount | ||||||
25 | allowed under this Section is allowed only for returns that |
| |||||||
| |||||||
1 | are filed in the manner required by this Act. The Department | ||||||
2 | may disallow the discount for servicemen whose certificate of | ||||||
3 | registration is revoked at the time the return is filed, but | ||||||
4 | only if the Department's decision to revoke the certificate of | ||||||
5 | registration has become final. | ||||||
6 | Where such tangible personal property is sold under a | ||||||
7 | conditional
sales contract, or under any other form of sale | ||||||
8 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
9 | extended beyond the close of
the period for which the return is | ||||||
10 | filed, the serviceman, in collecting
the tax may collect, for | ||||||
11 | each tax return period, only the tax applicable
to the part of | ||||||
12 | the selling price actually received during such tax return
| ||||||
13 | period. | ||||||
14 | Except as provided hereinafter in this Section, on or | ||||||
15 | before the twentieth
day of each calendar month, such | ||||||
16 | serviceman shall file a
return for the preceding calendar | ||||||
17 | month in accordance with reasonable
rules and regulations to | ||||||
18 | be promulgated by the Department of Revenue.
Such return shall | ||||||
19 | be filed on a form prescribed by the Department and
shall | ||||||
20 | contain such information as the Department may reasonably | ||||||
21 | require. On and after January 1, 2018, with respect to | ||||||
22 | servicemen whose annual gross receipts average $20,000 or | ||||||
23 | more, all returns required to be filed pursuant to this Act | ||||||
24 | shall be filed electronically. Servicemen who demonstrate that | ||||||
25 | they do not have access to the Internet or demonstrate | ||||||
26 | hardship in filing electronically may petition the Department |
| |||||||
| |||||||
1 | to waive the electronic filing requirement. | ||||||
2 | The Department may require returns to be filed on a | ||||||
3 | quarterly basis.
If so required, a return for each calendar | ||||||
4 | quarter shall be filed on or
before the twentieth day of the | ||||||
5 | calendar month following the end of such
calendar quarter. The | ||||||
6 | taxpayer shall also file a return with the
Department for each | ||||||
7 | of the first two months of each calendar quarter, on or
before | ||||||
8 | the twentieth day of the following calendar month, stating: | ||||||
9 | 1. The name of the seller; | ||||||
10 | 2. The address of the principal place of business from | ||||||
11 | which he engages
in business as a serviceman in this | ||||||
12 | State; | ||||||
13 | 3. The total amount of taxable receipts received by | ||||||
14 | him during the
preceding calendar month, including | ||||||
15 | receipts from charge and time sales,
but less all | ||||||
16 | deductions allowed by law; | ||||||
17 | 4. The amount of credit provided in Section 2d of this | ||||||
18 | Act; | ||||||
19 | 5. The amount of tax due; | ||||||
20 | 5-5. The signature of the taxpayer; and | ||||||
21 | 6. Such other reasonable information as the Department | ||||||
22 | may
require. | ||||||
23 | Each serviceman required or authorized to collect the tax | ||||||
24 | herein imposed on aviation fuel acquired as an incident to the | ||||||
25 | purchase of a service in this State during the preceding | ||||||
26 | calendar month shall, instead of reporting and paying tax as |
| |||||||
| |||||||
1 | otherwise required by this Section, report and pay such tax on | ||||||
2 | a separate aviation fuel tax return. The requirements related | ||||||
3 | to the return shall be as otherwise provided in this Section. | ||||||
4 | Notwithstanding any other provisions of this Act to the | ||||||
5 | contrary, servicemen transferring aviation fuel incident to | ||||||
6 | sales of service shall file all aviation fuel tax returns and | ||||||
7 | shall make all aviation fuel tax payments by electronic means | ||||||
8 | in the manner and form required by the Department. For | ||||||
9 | purposes of this Section, "aviation fuel" means jet fuel and | ||||||
10 | aviation gasoline. | ||||||
11 | If a taxpayer fails to sign a return within 30 days after | ||||||
12 | the proper notice
and demand for signature by the Department, | ||||||
13 | the return shall be considered
valid and any amount shown to be | ||||||
14 | due on the return shall be deemed assessed. | ||||||
15 | Notwithstanding any other provision of this Act to the | ||||||
16 | contrary, servicemen subject to tax on cannabis shall file all | ||||||
17 | cannabis tax returns and shall make all cannabis tax payments | ||||||
18 | by electronic means in the manner and form required by the | ||||||
19 | Department. | ||||||
20 | Prior to October 1, 2003, and on and after September 1, | ||||||
21 | 2004 a serviceman may accept a Manufacturer's
Purchase Credit | ||||||
22 | certification
from a purchaser in satisfaction
of Service Use | ||||||
23 | Tax as provided in Section 3-70 of the
Service Use Tax Act if | ||||||
24 | the purchaser provides
the
appropriate
documentation as | ||||||
25 | required by Section 3-70 of the Service Use Tax Act.
A | ||||||
26 | Manufacturer's Purchase Credit certification, accepted prior |
| |||||||
| |||||||
1 | to October 1,
2003 or on or after September 1, 2004 by a | ||||||
2 | serviceman as
provided in Section 3-70 of the Service Use Tax | ||||||
3 | Act, may be used by that
serviceman to satisfy Service | ||||||
4 | Occupation Tax liability in the amount claimed in
the | ||||||
5 | certification, not to exceed 6.25% of the receipts subject to | ||||||
6 | tax from a
qualifying purchase. A Manufacturer's Purchase | ||||||
7 | Credit reported on any
original or amended return
filed under
| ||||||
8 | this Act after October 20, 2003 for reporting periods prior to | ||||||
9 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
10 | Credit reported on annual returns due on or after January 1, | ||||||
11 | 2005 will be disallowed for periods prior to September 1, | ||||||
12 | 2004.
No Manufacturer's
Purchase Credit may be used after | ||||||
13 | September 30, 2003 through August 31, 2004 to
satisfy any
tax | ||||||
14 | liability imposed under this Act, including any audit | ||||||
15 | liability. | ||||||
16 | If the serviceman's average monthly tax liability to
the | ||||||
17 | Department does not exceed $200, the Department may authorize | ||||||
18 | his
returns to be filed on a quarter annual basis, with the | ||||||
19 | return for
January, February and March of a given year being | ||||||
20 | due by April 20 of
such year; with the return for April, May | ||||||
21 | and June of a given year being
due by July 20 of such year; | ||||||
22 | with the return for July, August and
September of a given year | ||||||
23 | being due by October 20 of such year, and with
the return for | ||||||
24 | October, November and December of a given year being due
by | ||||||
25 | January 20 of the following year. | ||||||
26 | If the serviceman's average monthly tax liability to
the |
| |||||||
| |||||||
1 | Department does not exceed $50, the Department may authorize | ||||||
2 | his
returns to be filed on an annual basis, with the return for | ||||||
3 | a given year
being due by January 20 of the following year. | ||||||
4 | Such quarter annual and annual returns, as to form and | ||||||
5 | substance,
shall be subject to the same requirements as | ||||||
6 | monthly returns. | ||||||
7 | Notwithstanding any other provision in this Act concerning | ||||||
8 | the time within
which a serviceman may file his return, in the | ||||||
9 | case of any serviceman who
ceases to engage in a kind of | ||||||
10 | business which makes him responsible for filing
returns under | ||||||
11 | this Act, such serviceman shall file a final return under this
| ||||||
12 | Act with the Department not more than 1 month after | ||||||
13 | discontinuing such
business. | ||||||
14 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
15 | monthly tax
liability of $150,000 or more shall make all | ||||||
16 | payments required by rules of the
Department by electronic | ||||||
17 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
18 | an average monthly tax liability of $100,000 or more shall | ||||||
19 | make all
payments required by rules of the Department by | ||||||
20 | electronic funds transfer.
Beginning October 1, 1995, a | ||||||
21 | taxpayer who has an average monthly tax liability
of $50,000 | ||||||
22 | or more shall make all payments required by rules of the | ||||||
23 | Department
by electronic funds transfer. Beginning October 1, | ||||||
24 | 2000, a taxpayer who has
an annual tax liability of $200,000 or | ||||||
25 | more shall make all payments required by
rules of the | ||||||
26 | Department by electronic funds transfer. The term "annual tax
|
| |||||||
| |||||||
1 | liability" shall be the sum of the taxpayer's liabilities | ||||||
2 | under this Act, and
under all other State and local occupation | ||||||
3 | and use tax laws administered by the
Department, for the | ||||||
4 | immediately preceding calendar year. The term "average
monthly | ||||||
5 | tax liability" means
the sum of the taxpayer's liabilities | ||||||
6 | under this Act, and under all other State
and local occupation | ||||||
7 | and use tax laws administered by the Department, for the
| ||||||
8 | immediately preceding calendar year divided by 12.
Beginning | ||||||
9 | on October 1, 2002, a taxpayer who has a tax liability in the
| ||||||
10 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
11 | Department of
Revenue Law shall make all payments required by | ||||||
12 | rules of the Department by
electronic funds transfer. | ||||||
13 | Before August 1 of each year beginning in 1993, the | ||||||
14 | Department shall
notify all taxpayers required to make | ||||||
15 | payments by electronic funds transfer.
All taxpayers required | ||||||
16 | to make payments by electronic funds transfer shall make
those | ||||||
17 | payments for a minimum of one year beginning on October 1. | ||||||
18 | Any taxpayer not required to make payments by electronic | ||||||
19 | funds transfer may
make payments by electronic funds transfer | ||||||
20 | with the
permission of the Department. | ||||||
21 | All taxpayers required to make payment by electronic funds | ||||||
22 | transfer and
any taxpayers authorized to voluntarily make | ||||||
23 | payments by electronic funds
transfer shall make those | ||||||
24 | payments in the manner authorized by the Department. | ||||||
25 | The Department shall adopt such rules as are necessary to | ||||||
26 | effectuate a
program of electronic funds transfer and the |
| |||||||
| |||||||
1 | requirements of this Section. | ||||||
2 | Where a serviceman collects the tax with respect to the | ||||||
3 | selling price of
tangible personal property which he sells and | ||||||
4 | the purchaser thereafter returns
such tangible personal | ||||||
5 | property and the serviceman refunds the
selling price thereof | ||||||
6 | to the purchaser, such serviceman shall also refund,
to the | ||||||
7 | purchaser, the tax so collected from the purchaser. When
| ||||||
8 | filing his return for the period in which he refunds such tax | ||||||
9 | to the
purchaser, the serviceman may deduct the amount of the | ||||||
10 | tax so refunded by
him to the purchaser from any other Service | ||||||
11 | Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or | ||||||
12 | Use Tax which such serviceman may be
required to pay or remit | ||||||
13 | to the Department, as shown by such return,
provided that the | ||||||
14 | amount of the tax to be deducted shall previously have
been | ||||||
15 | remitted to the Department by such serviceman. If the | ||||||
16 | serviceman shall
not previously have remitted the amount of | ||||||
17 | such tax to the Department,
he shall be entitled to no | ||||||
18 | deduction hereunder upon refunding such tax
to the purchaser. | ||||||
19 | If experience indicates such action to be practicable, the | ||||||
20 | Department
may prescribe and furnish a combination or joint | ||||||
21 | return which will
enable servicemen, who are required to file | ||||||
22 | returns
hereunder and also under the Retailers' Occupation Tax | ||||||
23 | Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | ||||||
24 | the return
information required by all said Acts on the one | ||||||
25 | form. | ||||||
26 | Where the serviceman has more than one business
registered |
| |||||||
| |||||||
1 | with the Department under separate registrations hereunder,
| ||||||
2 | such serviceman shall file separate returns for each
| ||||||
3 | registered business. | ||||||
4 | Beginning January 1, 1990, each month the Department shall | ||||||
5 | pay into
the Local Government Tax Fund the revenue realized | ||||||
6 | for the
preceding month from the 1% tax imposed under this Act. | ||||||
7 | Beginning January 1, 1990, each month the Department shall | ||||||
8 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
9 | revenue realized
for the preceding month from the 6.25% | ||||||
10 | general rate on sales of tangible personal property other than | ||||||
11 | aviation fuel sold on or after December 1, 2019. This | ||||||
12 | exception for aviation fuel only applies for so long as the | ||||||
13 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
14 | 47133 are binding on the State. | ||||||
15 | Beginning August 1, 2000, each
month the Department shall | ||||||
16 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
17 | net revenue realized for the
preceding month from the 1.25% | ||||||
18 | rate on the selling price of motor fuel and
gasohol. | ||||||
19 | Beginning January 1, 1990, each month the Department shall | ||||||
20 | pay into
the Local Government Tax Fund 16% of the revenue | ||||||
21 | realized for the
preceding month from the 6.25% general rate | ||||||
22 | on transfers of
tangible personal property other than aviation | ||||||
23 | fuel sold on or after December 1, 2019. This exception for | ||||||
24 | aviation fuel only applies for so long as the revenue use | ||||||
25 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
26 | binding on the State. |
| |||||||
| |||||||
1 | For aviation fuel sold on or after December 1, 2019, each | ||||||
2 | month the Department shall pay into the State Aviation Program | ||||||
3 | Fund 20% of the net revenue realized for the preceding month | ||||||
4 | from the 6.25% general rate on the selling price of aviation | ||||||
5 | fuel, less an amount estimated by the Department to be | ||||||
6 | required for refunds of the 20% portion of the tax on aviation | ||||||
7 | fuel under this Act, which amount shall be deposited into the | ||||||
8 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
9 | pay moneys into the State Aviation Program Fund and the | ||||||
10 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
11 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
12 | U.S.C. 47133 are binding on the State. | ||||||
13 | Beginning August 1, 2000, each
month the Department shall | ||||||
14 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
15 | realized for the preceding
month from the 1.25% rate on the | ||||||
16 | selling price of motor fuel and gasohol. | ||||||
17 | Beginning October 1, 2009, each month the Department shall | ||||||
18 | pay into the Capital Projects Fund an amount that is equal to | ||||||
19 | an amount estimated by the Department to represent 80% of the | ||||||
20 | net revenue realized for the preceding month from the sale of | ||||||
21 | candy, grooming and hygiene products, and soft drinks that had | ||||||
22 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
23 | are now taxed at 6.25%. | ||||||
24 | Beginning July 1, 2013, each month the Department shall | ||||||
25 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
26 | collected under this Act, the Use Tax Act, the Service Use Tax |
| |||||||
| |||||||
1 | Act, and the Retailers' Occupation Tax Act an amount equal to | ||||||
2 | the average monthly deficit in the Underground Storage Tank | ||||||
3 | Fund during the prior year, as certified annually by the | ||||||
4 | Illinois Environmental Protection Agency, but the total | ||||||
5 | payment into the Underground Storage Tank Fund under this Act, | ||||||
6 | the Use Tax Act, the Service Use Tax Act, and the Retailers' | ||||||
7 | Occupation Tax Act shall not exceed $18,000,000 in any State | ||||||
8 | fiscal year. As used in this paragraph, the "average monthly | ||||||
9 | deficit" shall be equal to the difference between the average | ||||||
10 | monthly claims for payment by the fund and the average monthly | ||||||
11 | revenues deposited into the fund, excluding payments made | ||||||
12 | pursuant to this paragraph. | ||||||
13 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
14 | received by the Department under the Use Tax Act, the Service | ||||||
15 | Use Tax Act, this Act, and the Retailers' Occupation Tax Act, | ||||||
16 | each month the Department shall deposit $500,000 into the | ||||||
17 | State Crime Laboratory Fund. | ||||||
18 | Beginning January 1, 2022, the Department shall pay into | ||||||
19 | the Youthbuild Assistance Fund 100% of the net revenue | ||||||
20 | realized for the preceding month from the 3.75% surcharge on | ||||||
21 | the selling price of firearms and firearm component parts. | ||||||
22 | Of the remainder of the moneys received by the Department | ||||||
23 | pursuant to
this Act, (a) 1.75% thereof shall be paid into the | ||||||
24 | Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on | ||||||
25 | and after July 1, 1989, 3.8% thereof
shall be paid into the | ||||||
26 | Build Illinois Fund; provided, however, that if in
any fiscal |
| |||||||
| |||||||
1 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
| ||||||
2 | may be, of the moneys received by the Department and required | ||||||
3 | to be paid
into the Build Illinois Fund pursuant to Section 3 | ||||||
4 | of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax | ||||||
5 | Act, Section 9 of the Service
Use Tax Act, and Section 9 of the | ||||||
6 | Service Occupation Tax Act, such Acts
being hereinafter called | ||||||
7 | the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case | ||||||
8 | may be, of moneys being hereinafter called the "Tax Act
| ||||||
9 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
10 | Fund from the
State and Local Sales Tax Reform Fund shall be | ||||||
11 | less than the Annual
Specified Amount (as defined in Section 3 | ||||||
12 | of the Retailers' Occupation Tax
Act), an amount equal to the | ||||||
13 | difference shall be immediately paid into the
Build Illinois | ||||||
14 | Fund from other moneys received by the Department pursuant
to | ||||||
15 | the Tax Acts; and further provided, that if on the last | ||||||
16 | business day of
any month the sum of (1) the Tax Act Amount | ||||||
17 | required to be deposited into
the Build Illinois Account in | ||||||
18 | the Build Illinois Fund during such month and
(2) the amount | ||||||
19 | transferred during such month to the Build Illinois Fund
from | ||||||
20 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
21 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
22 | the difference
shall be immediately paid into the Build | ||||||
23 | Illinois Fund from other moneys
received by the Department | ||||||
24 | pursuant to the Tax Acts; and, further provided,
that in no | ||||||
25 | event shall the payments required under the preceding proviso
| ||||||
26 | result in aggregate payments into the Build Illinois Fund |
| |||||||
| |||||||
1 | pursuant to this
clause (b) for any fiscal year in excess of | ||||||
2 | the greater of (i) the Tax Act
Amount or (ii) the Annual | ||||||
3 | Specified Amount for such fiscal year; and,
further provided, | ||||||
4 | that the amounts payable into the Build Illinois Fund
under | ||||||
5 | this clause (b) shall be payable only until such time as the
| ||||||
6 | aggregate amount on deposit under each trust indenture | ||||||
7 | securing Bonds
issued and outstanding pursuant to the Build | ||||||
8 | Illinois Bond Act is
sufficient, taking into account any | ||||||
9 | future investment income, to fully
provide, in accordance with | ||||||
10 | such indenture, for the defeasance of or the
payment of the | ||||||
11 | principal of, premium, if any, and interest on the Bonds
| ||||||
12 | secured by such indenture and on any Bonds expected to be | ||||||
13 | issued thereafter
and all fees and costs payable with respect | ||||||
14 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
15 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
16 | the last business day of
any month in which Bonds are | ||||||
17 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
18 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
19 | Account in the Build Illinois Fund in such month
shall be less | ||||||
20 | than the amount required to be transferred in such month from
| ||||||
21 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
22 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
23 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
24 | shall be immediately paid
from other moneys received by the | ||||||
25 | Department pursuant to the Tax Acts
to the Build Illinois | ||||||
26 | Fund; provided, however, that any amounts paid to the
Build |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | Illinois Fund in any fiscal year pursuant to this sentence | |||||||||||||||||||||
2 | shall be
deemed to constitute payments pursuant to clause (b) | |||||||||||||||||||||
3 | of the preceding
sentence and shall reduce the amount | |||||||||||||||||||||
4 | otherwise payable for such fiscal year
pursuant to clause (b) | |||||||||||||||||||||
5 | of the preceding sentence. The moneys received by
the | |||||||||||||||||||||
6 | Department pursuant to this Act and required to be deposited | |||||||||||||||||||||
7 | into the
Build Illinois Fund are subject to the pledge, claim | |||||||||||||||||||||
8 | and charge set forth
in Section 12 of the Build Illinois Bond | |||||||||||||||||||||
9 | Act. | |||||||||||||||||||||
10 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||
11 | as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||
12 | thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||
13 | installment of the amount requested in the
certificate of the | |||||||||||||||||||||
14 | Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||
15 | provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||
16 | in
excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||
17 | deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||
18 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||
19 | 9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||
20 | Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||
21 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||
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24 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | certificate of the Chairman of
the Metropolitan Pier and |
| |||||||
| |||||||
1 | Exposition Authority for that fiscal year, less
the amount | ||||||
2 | deposited into the McCormick Place Expansion Project Fund by | ||||||
3 | the
State Treasurer in the respective month under subsection | ||||||
4 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||
5 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||
6 | required under this Section for previous
months and years, | ||||||
7 | shall be deposited into the McCormick Place Expansion
Project | ||||||
8 | Fund, until the full amount requested for the fiscal year, but | ||||||
9 | not
in excess of the amount specified above as "Total | ||||||
10 | Deposit", has been deposited. | ||||||
11 | Subject to payment of amounts into the Capital Projects | ||||||
12 | Fund, the Build Illinois Fund, and the McCormick Place | ||||||
13 | Expansion Project Fund pursuant to the preceding paragraphs or | ||||||
14 | in any amendments thereto hereafter enacted, for aviation fuel | ||||||
15 | sold on or after December 1, 2019, the Department shall each | ||||||
16 | month deposit into the Aviation Fuel Sales Tax Refund Fund an | ||||||
17 | amount estimated by the Department to be required for refunds | ||||||
18 | of the 80% portion of the tax on aviation fuel under this Act. | ||||||
19 | The Department shall only deposit moneys into the Aviation | ||||||
20 | Fuel Sales Tax Refund Fund under this paragraph for so long as | ||||||
21 | the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
22 | U.S.C. 47133 are binding on the State. | ||||||
23 | Subject to payment of amounts into the Build Illinois Fund | ||||||
24 | and the
McCormick
Place Expansion Project Fund
pursuant to the | ||||||
25 | preceding paragraphs or in any amendments thereto hereafter
| ||||||
26 | enacted, beginning July 1, 1993 and ending on September 30, |
| |||||||
| |||||||
1 | 2013, the Department shall each month pay into the
Illinois | ||||||
2 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
3 | the
preceding month from the 6.25% general rate on the selling | ||||||
4 | price of tangible
personal property. | ||||||
5 | Subject to payment of amounts into the Build Illinois Fund | ||||||
6 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
7 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
8 | enacted, beginning with the receipt of the first
report of | ||||||
9 | taxes paid by an eligible business and continuing for a | ||||||
10 | 25-year
period, the Department shall each month pay into the | ||||||
11 | Energy Infrastructure
Fund 80% of the net revenue realized | ||||||
12 | from the 6.25% general rate on the
selling price of | ||||||
13 | Illinois-mined coal that was sold to an eligible business.
For | ||||||
14 | purposes of this paragraph, the term "eligible business" means | ||||||
15 | a new
electric generating facility certified pursuant to | ||||||
16 | Section 605-332 of the
Department of Commerce and
Economic | ||||||
17 | Opportunity Law of the Civil Administrative
Code of Illinois. | ||||||
18 | Subject to payment of amounts into the Build Illinois | ||||||
19 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
20 | Tax Increment Fund, and the Energy Infrastructure Fund | ||||||
21 | pursuant to the preceding paragraphs or in any amendments to | ||||||
22 | this Section hereafter enacted, beginning on the first day of | ||||||
23 | the first calendar month to occur on or after August 26, 2014 | ||||||
24 | (the effective date of Public Act 98-1098), each month, from | ||||||
25 | the collections made under Section 9 of the Use Tax Act, | ||||||
26 | Section 9 of the Service Use Tax Act, Section 9 of the Service |
| |||||||
| |||||||
1 | Occupation Tax Act, and Section 3 of the Retailers' Occupation | ||||||
2 | Tax Act, the Department shall pay into the Tax Compliance and | ||||||
3 | Administration Fund, to be used, subject to appropriation, to | ||||||
4 | fund additional auditors and compliance personnel at the | ||||||
5 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
6 | the cash receipts collected during the preceding fiscal year | ||||||
7 | by the Audit Bureau of the Department under the Use Tax Act, | ||||||
8 | the Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
9 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
10 | and use taxes administered by the Department. | ||||||
11 | Subject to payments of amounts into the Build Illinois | ||||||
12 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
13 | Tax Increment Fund, the Energy Infrastructure Fund, and the | ||||||
14 | Tax Compliance and Administration Fund as provided in this | ||||||
15 | Section, beginning on July 1, 2018 the Department shall pay | ||||||
16 | each month into the Downstate Public Transportation Fund the | ||||||
17 | moneys required to be so paid under Section 2-3 of the | ||||||
18 | Downstate Public Transportation Act. | ||||||
19 | Subject to successful execution and delivery of a | ||||||
20 | public-private agreement between the public agency and private | ||||||
21 | entity and completion of the civic build, beginning on July 1, | ||||||
22 | 2023, of the remainder of the moneys received by the | ||||||
23 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
24 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
25 | deposit the following specified deposits in the aggregate from | ||||||
26 | collections under the Use Tax Act, the Service Use Tax Act, the |
| |||||||
| |||||||
1 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
2 | Act, as required under Section 8.25g of the State Finance Act | ||||||
3 | for distribution consistent with the Public-Private | ||||||
4 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
5 | The moneys received by the Department pursuant to this Act and | ||||||
6 | required to be deposited into the Civic and Transit | ||||||
7 | Infrastructure Fund are subject to the pledge, claim and | ||||||
8 | charge set forth in Section 25-55 of the Public-Private | ||||||
9 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
10 | As used in this paragraph, "civic build", "private entity", | ||||||
11 | "public-private agreement", and "public agency" have the | ||||||
12 | meanings provided in Section 25-10 of the Public-Private | ||||||
13 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
14 | Fiscal Year ............................Total Deposit | ||||||
15 | 2024 ....................................$200,000,000 | ||||||
16 | 2025 ....................................$206,000,000 | ||||||
17 | 2026 ....................................$212,200,000 | ||||||
18 | 2027 ....................................$218,500,000 | ||||||
19 | 2028 ....................................$225,100,000 | ||||||
20 | 2029 ....................................$288,700,000 | ||||||
21 | 2030 ....................................$298,900,000 | ||||||
22 | 2031 ....................................$309,300,000 | ||||||
23 | 2032 ....................................$320,100,000 | ||||||
24 | 2033 ....................................$331,200,000 | ||||||
25 | 2034 ....................................$341,200,000 | ||||||
26 | 2035 ....................................$351,400,000 |
| |||||||
| |||||||
1 | 2036 ....................................$361,900,000 | ||||||
2 | 2037 ....................................$372,800,000 | ||||||
3 | 2038 ....................................$384,000,000 | ||||||
4 | 2039 ....................................$395,500,000 | ||||||
5 | 2040 ....................................$407,400,000 | ||||||
6 | 2041 ....................................$419,600,000 | ||||||
7 | 2042 ....................................$432,200,000 | ||||||
8 | 2043 ....................................$445,100,000 | ||||||
9 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
10 | the payment of amounts into the County and Mass Transit | ||||||
11 | District Fund, the Local Government Tax Fund, the Build | ||||||
12 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
13 | Illinois Tax Increment Fund, the Energy Infrastructure Fund, | ||||||
14 | and the Tax Compliance and Administration Fund as provided in | ||||||
15 | this Section, the Department shall pay each month into the | ||||||
16 | Road Fund the amount estimated to represent 16% of the net | ||||||
17 | revenue realized from the taxes imposed on motor fuel and | ||||||
18 | gasohol. Beginning July 1, 2022 and until July 1, 2023, | ||||||
19 | subject to the payment of amounts into the County and Mass | ||||||
20 | Transit District Fund, the Local Government Tax Fund, the | ||||||
21 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
22 | Fund, the Illinois Tax Increment Fund, the Energy | ||||||
23 | Infrastructure Fund, and the Tax Compliance and Administration | ||||||
24 | Fund as provided in this Section, the Department shall pay | ||||||
25 | each month into the Road Fund the amount estimated to | ||||||
26 | represent 32% of the net revenue realized from the taxes |
| |||||||
| |||||||
1 | imposed on motor fuel and gasohol. Beginning July 1, 2023 and | ||||||
2 | until July 1, 2024, subject to the payment of amounts into the | ||||||
3 | County and Mass Transit District Fund, the Local Government | ||||||
4 | Tax Fund, the Build Illinois Fund, the McCormick Place | ||||||
5 | Expansion Project Fund, the Illinois Tax Increment Fund, the | ||||||
6 | Energy Infrastructure Fund, and the Tax Compliance and | ||||||
7 | Administration Fund as provided in this Section, the | ||||||
8 | Department shall pay each month into the Road Fund the amount | ||||||
9 | estimated to represent 48% of the net revenue realized from | ||||||
10 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
11 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
12 | into the County and Mass Transit District Fund, the Local | ||||||
13 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
14 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
15 | the Energy Infrastructure Fund, and the Tax Compliance and | ||||||
16 | Administration Fund as provided in this Section, the | ||||||
17 | Department shall pay each month into the Road Fund the amount | ||||||
18 | estimated to represent 64% of the net revenue realized from | ||||||
19 | the taxes imposed on motor fuel and gasohol. Beginning on July | ||||||
20 | 1, 2025, subject to the payment of amounts into the County and | ||||||
21 | Mass Transit District Fund, the Local Government Tax Fund, the | ||||||
22 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
23 | Fund, the Illinois Tax Increment Fund, the Energy | ||||||
24 | Infrastructure Fund, and the Tax Compliance and Administration | ||||||
25 | Fund as provided in this Section, the Department shall pay | ||||||
26 | each month into the Road Fund the amount estimated to |
| |||||||
| |||||||
1 | represent 80% of the net revenue realized from the taxes | ||||||
2 | imposed on motor fuel and gasohol. As used in this paragraph | ||||||
3 | "motor fuel" has the meaning given to that term in Section 1.1 | ||||||
4 | of the Motor Fuel Tax Act, and "gasohol" has the meaning given | ||||||
5 | to that term in Section 3-40 of the Use Tax Act. | ||||||
6 | Of the remainder of the moneys received by the Department | ||||||
7 | pursuant to this
Act, 75% shall be paid into the General | ||||||
8 | Revenue Fund of the State Treasury and 25% shall be reserved in | ||||||
9 | a special account and used only for the transfer to the Common | ||||||
10 | School Fund as part of the monthly transfer from the General | ||||||
11 | Revenue Fund in accordance with Section 8a of the State | ||||||
12 | Finance Act. | ||||||
13 | The Department may, upon separate written notice to a | ||||||
14 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
15 | Department on a form
prescribed by the Department within not | ||||||
16 | less than 60 days after receipt
of the notice an annual | ||||||
17 | information return for the tax year specified in
the notice. | ||||||
18 | Such annual return to the Department shall include a
statement | ||||||
19 | of gross receipts as shown by the taxpayer's last Federal | ||||||
20 | income
tax return. If the total receipts of the business as | ||||||
21 | reported in the
Federal income tax return do not agree with the | ||||||
22 | gross receipts reported to
the Department of Revenue for the | ||||||
23 | same period, the taxpayer shall attach
to his annual return a | ||||||
24 | schedule showing a reconciliation of the 2
amounts and the | ||||||
25 | reasons for the difference. The taxpayer's annual
return to | ||||||
26 | the Department shall also disclose the cost of goods sold by
|
| |||||||
| |||||||
1 | the taxpayer during the year covered by such return, opening | ||||||
2 | and closing
inventories of such goods for such year, cost of | ||||||
3 | goods used from stock
or taken from stock and given away by the | ||||||
4 | taxpayer during such year, pay
roll information of the | ||||||
5 | taxpayer's business during such year and any
additional | ||||||
6 | reasonable information which the Department deems would be
| ||||||
7 | helpful in determining the accuracy of the monthly, quarterly | ||||||
8 | or annual
returns filed by such taxpayer as hereinbefore | ||||||
9 | provided for in this
Section. | ||||||
10 | If the annual information return required by this Section | ||||||
11 | is not
filed when and as required, the taxpayer shall be liable | ||||||
12 | as follows: | ||||||
13 | (i) Until January 1, 1994, the taxpayer shall be | ||||||
14 | liable
for a penalty equal to 1/6 of 1% of the tax due from | ||||||
15 | such taxpayer
under this Act during the period to be | ||||||
16 | covered by the annual return
for each month or fraction of | ||||||
17 | a month until such return is filed as
required, the | ||||||
18 | penalty to be assessed and collected in the same manner
as | ||||||
19 | any other penalty provided for in this Act. | ||||||
20 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
21 | be liable for a
penalty as described in Section 3-4 of the | ||||||
22 | Uniform Penalty and Interest Act. | ||||||
23 | The chief executive officer, proprietor, owner or highest | ||||||
24 | ranking
manager shall sign the annual return to certify the | ||||||
25 | accuracy of the
information contained therein. Any person who | ||||||
26 | willfully signs the
annual return containing false or |
| |||||||
| |||||||
1 | inaccurate information shall be guilty
of perjury and punished | ||||||
2 | accordingly. The annual return form prescribed
by the | ||||||
3 | Department shall include a warning that the person signing the
| ||||||
4 | return may be liable for perjury. | ||||||
5 | The foregoing portion of this Section concerning the | ||||||
6 | filing of an
annual information return shall not apply to a | ||||||
7 | serviceman who is not
required to file an income tax return | ||||||
8 | with the United States Government. | ||||||
9 | As soon as possible after the first day of each month, upon | ||||||
10 | certification
of the Department of Revenue, the Comptroller | ||||||
11 | shall order transferred and
the Treasurer shall transfer from | ||||||
12 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
13 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
14 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
15 | transfer is no longer required
and shall not be made. | ||||||
16 | Net revenue realized for a month shall be the revenue | ||||||
17 | collected by the State
pursuant to this Act, less the amount | ||||||
18 | paid out during that month as
refunds to taxpayers for | ||||||
19 | overpayment of liability. | ||||||
20 | For greater simplicity of administration, it shall be | ||||||
21 | permissible for
manufacturers, importers and wholesalers whose | ||||||
22 | products are sold by numerous
servicemen in Illinois, and who | ||||||
23 | wish to do so, to
assume the responsibility for accounting and | ||||||
24 | paying to the Department
all tax accruing under this Act with | ||||||
25 | respect to such sales, if the
servicemen who are affected do | ||||||
26 | not make written objection to the
Department to this |
| |||||||
| |||||||
1 | arrangement. | ||||||
2 | (Source: P.A. 100-303, eff. 8-24-17; 100-363, eff. 7-1-18; | ||||||
3 | 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, Article | ||||||
4 | 15, Section 15-20, eff. 6-5-19; 101-10, Article 25, Section | ||||||
5 | 25-115, eff. 6-5-19; 101-27, eff. 6-25-19; 101-32, eff. | ||||||
6 | 6-28-19; 101-604, eff. 12-13-19; 101-636, eff. 6-10-20.) | ||||||
7 | Section 25. The Retailers' Occupation Tax Act is amended | ||||||
8 | by changing Sections 2-10 and 3 as follows:
| ||||||
9 | (35 ILCS 120/2-10)
| ||||||
10 | Sec. 2-10. Rate of tax. Unless otherwise provided in this | ||||||
11 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
12 | gross receipts
from sales of tangible personal property made | ||||||
13 | in the course of business.
| ||||||
14 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
15 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
16 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
17 | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| ||||||
18 | Beginning on August 6, 2010 through August 15, 2010, with | ||||||
19 | respect to sales tax holiday items as defined in Section 2-8 of | ||||||
20 | this Act, the
tax is imposed at the rate of 1.25%. | ||||||
21 | Within 14 days after the effective date of this amendatory | ||||||
22 | Act of the 91st
General Assembly, each retailer of motor fuel | ||||||
23 | and gasohol shall cause the
following notice to be posted in a | ||||||
24 | prominently visible place on each retail
dispensing device |
| |||||||
| |||||||
1 | that is used to dispense motor
fuel or gasohol in the State of | ||||||
2 | Illinois: "As of July 1, 2000, the State of
Illinois has | ||||||
3 | eliminated the State's share of sales tax on motor fuel and
| ||||||
4 | gasohol through December 31, 2000. The price on this pump | ||||||
5 | should reflect the
elimination of the tax." The notice shall | ||||||
6 | be printed in bold print on a sign
that is no smaller than 4 | ||||||
7 | inches by 8 inches. The sign shall be clearly
visible to | ||||||
8 | customers. Any retailer who fails to post or maintain a | ||||||
9 | required
sign through December 31, 2000 is guilty of a petty | ||||||
10 | offense for which the fine
shall be $500 per day per each | ||||||
11 | retail premises where a violation occurs.
| ||||||
12 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
13 | tax imposed
by this Act applies to (i) 70% of the proceeds of | ||||||
14 | sales made on or after
January 1, 1990, and before July 1, | ||||||
15 | 2003, (ii) 80% of the proceeds of
sales made on or after July | ||||||
16 | 1, 2003 and on or before July 1, 2017, and (iii) 100% of the | ||||||
17 | proceeds of sales
made thereafter.
If, at any time, however, | ||||||
18 | the tax under this Act on sales of gasohol, as
defined in
the | ||||||
19 | Use Tax Act, is imposed at the rate of 1.25%, then the
tax | ||||||
20 | imposed by this Act applies to 100% of the proceeds of sales of | ||||||
21 | gasohol
made during that time.
| ||||||
22 | With respect to majority blended ethanol fuel, as defined | ||||||
23 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
24 | to the proceeds of sales made on or after
July 1, 2003 and on | ||||||
25 | or before December 31, 2023 but applies to 100% of the
proceeds | ||||||
26 | of sales made thereafter.
|
| |||||||
| |||||||
1 | With respect to biodiesel blends, as defined in the Use | ||||||
2 | Tax Act, with no less
than 1% and no
more than 10% biodiesel, | ||||||
3 | the tax imposed by this Act
applies to (i) 80% of the proceeds | ||||||
4 | of sales made on or after July 1, 2003
and on or before | ||||||
5 | December 31, 2018 and (ii) 100% of the
proceeds of sales made | ||||||
6 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
7 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
8 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
9 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
10 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
11 | than 1% and no more than 10% biodiesel
made
during that time.
| ||||||
12 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
13 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
14 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
15 | by this Act
does not apply to the proceeds of sales made on or | ||||||
16 | after July 1, 2003
and on or before December 31, 2023 but | ||||||
17 | applies to 100% of the
proceeds of sales made thereafter.
| ||||||
18 | With respect to food for human consumption that is to be | ||||||
19 | consumed off the
premises where it is sold (other than | ||||||
20 | alcoholic beverages, food consisting of or infused with adult | ||||||
21 | use cannabis, soft drinks, and
food that has been prepared for | ||||||
22 | immediate consumption) and prescription and
nonprescription | ||||||
23 | medicines, drugs, medical appliances, products classified as | ||||||
24 | Class III medical devices by the United States Food and Drug | ||||||
25 | Administration that are used for cancer treatment pursuant to | ||||||
26 | a prescription, as well as any accessories and components |
| |||||||
| |||||||
1 | related to those devices, modifications to a motor
vehicle for | ||||||
2 | the purpose of rendering it usable by a person with a | ||||||
3 | disability, and
insulin, urine testing materials, syringes, | ||||||
4 | and needles used by diabetics, for
human use, the tax is | ||||||
5 | imposed at the rate of 1%. For the purposes of this
Section, | ||||||
6 | until September 1, 2009: the term "soft drinks" means any | ||||||
7 | complete, finished, ready-to-use,
non-alcoholic drink, whether | ||||||
8 | carbonated or not, including but not limited to
soda water, | ||||||
9 | cola, fruit juice, vegetable juice, carbonated water, and all | ||||||
10 | other
preparations commonly known as soft drinks of whatever | ||||||
11 | kind or description that
are contained in any closed or sealed | ||||||
12 | bottle, can, carton, or container,
regardless of size; but | ||||||
13 | "soft drinks" does not include coffee, tea, non-carbonated
| ||||||
14 | water, infant formula, milk or milk products as defined in the | ||||||
15 | Grade A
Pasteurized Milk and Milk Products Act, or drinks | ||||||
16 | containing 50% or more
natural fruit or vegetable juice.
| ||||||
17 | Notwithstanding any other provisions of this
Act, | ||||||
18 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
19 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
20 | drinks" do not include beverages that contain milk or milk | ||||||
21 | products, soy, rice or similar milk substitutes, or greater | ||||||
22 | than 50% of vegetable or fruit juice by volume. | ||||||
23 | Until August 1, 2009, and notwithstanding any other | ||||||
24 | provisions of this
Act, "food for human consumption that is to | ||||||
25 | be consumed off the premises where
it is sold" includes all | ||||||
26 | food sold through a vending machine, except soft
drinks and |
| |||||||
| |||||||
1 | food products that are dispensed hot from a vending machine,
| ||||||
2 | regardless of the location of the vending machine. Beginning | ||||||
3 | August 1, 2009, and notwithstanding any other provisions of | ||||||
4 | this Act, "food for human consumption that is to be consumed | ||||||
5 | off the premises where it is sold" includes all food sold | ||||||
6 | through a vending machine, except soft drinks, candy, and food | ||||||
7 | products that are dispensed hot from a vending machine, | ||||||
8 | regardless of the location of the vending machine.
| ||||||
9 | Notwithstanding any other provisions of this
Act, | ||||||
10 | beginning September 1, 2009, "food for human consumption that | ||||||
11 | is to be consumed off the premises where
it is sold" does not | ||||||
12 | include candy. For purposes of this Section, "candy" means a | ||||||
13 | preparation of sugar, honey, or other natural or artificial | ||||||
14 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
15 | other ingredients or flavorings in the form of bars, drops, or | ||||||
16 | pieces. "Candy" does not include any preparation that contains | ||||||
17 | flour or requires refrigeration. | ||||||
18 | Notwithstanding any other provisions of this
Act, | ||||||
19 | beginning September 1, 2009, "nonprescription medicines and | ||||||
20 | drugs" does not include grooming and hygiene products. For | ||||||
21 | purposes of this Section, "grooming and hygiene products" | ||||||
22 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
23 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
24 | lotions and screens, unless those products are available by | ||||||
25 | prescription only, regardless of whether the products meet the | ||||||
26 | definition of "over-the-counter-drugs". For the purposes of |
| |||||||
| |||||||
1 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
2 | use that contains a label that identifies the product as a drug | ||||||
3 | as required by 21 C.F.R. ยง 201.66. The "over-the-counter-drug" | ||||||
4 | label includes: | ||||||
5 | (A) A "Drug Facts" panel; or | ||||||
6 | (B) A statement of the "active ingredient(s)" with a | ||||||
7 | list of those ingredients contained in the compound, | ||||||
8 | substance or preparation.
| ||||||
9 | Beginning on the effective date of this amendatory Act of | ||||||
10 | the 98th General Assembly, "prescription and nonprescription | ||||||
11 | medicines and drugs" includes medical cannabis purchased from | ||||||
12 | a registered dispensing organization under the Compassionate | ||||||
13 | Use of Medical Cannabis Program Act. | ||||||
14 | As used in this Section, "adult use cannabis" means | ||||||
15 | cannabis subject to tax under the Cannabis Cultivation | ||||||
16 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
17 | and does not include cannabis subject to tax under the | ||||||
18 | Compassionate Use of Medical Cannabis Program Act. | ||||||
19 | Beginning January 1, 2022, in addition to all other rates | ||||||
20 | of tax imposed under this Act, a surcharge of 3.75% is imposed | ||||||
21 | on the selling price of (i) each firearm purchased in the State | ||||||
22 | and (ii) each firearm component part that is purchased in the | ||||||
23 | State and sold separately from the firearm. "Firearm" has the | ||||||
24 | meaning ascribed to that term in Section 1.1 of the Firearm | ||||||
25 | Owners Identification Card Act. | ||||||
26 | (Source: P.A. 100-22, eff. 7-6-17; 101-363, eff. 8-9-19; |
| |||||||
| |||||||
1 | 101-593, eff. 12-4-19.)
| ||||||
2 | (35 ILCS 120/3) (from Ch. 120, par. 442)
| ||||||
3 | Sec. 3. Except as provided in this Section, on or before | ||||||
4 | the twentieth
day of each calendar month, every person engaged | ||||||
5 | in the business of
selling tangible personal property at | ||||||
6 | retail in this State during the
preceding calendar month shall | ||||||
7 | file a return with the Department, stating: | ||||||
8 | 1. The name of the seller; | ||||||
9 | 2. His residence address and the address of his | ||||||
10 | principal place of
business and the address of the | ||||||
11 | principal place of business (if that is
a different | ||||||
12 | address) from which he engages in the business of selling
| ||||||
13 | tangible personal property at retail in this State; | ||||||
14 | 3. Total amount of receipts received by him during the | ||||||
15 | preceding
calendar month or quarter, as the case may be, | ||||||
16 | from sales of tangible
personal property, and from | ||||||
17 | services furnished, by him during such
preceding calendar | ||||||
18 | month or quarter; | ||||||
19 | 4. Total amount received by him during the preceding | ||||||
20 | calendar month or
quarter on charge and time sales of | ||||||
21 | tangible personal property, and from
services furnished, | ||||||
22 | by him prior to the month or quarter for which the return
| ||||||
23 | is filed; | ||||||
24 | 5. Deductions allowed by law; | ||||||
25 | 6. Gross receipts which were received by him during |
| |||||||
| |||||||
1 | the preceding
calendar month or quarter and upon the basis | ||||||
2 | of which the tax is imposed; | ||||||
3 | 7. The amount of credit provided in Section 2d of this | ||||||
4 | Act; | ||||||
5 | 8. The amount of tax due; | ||||||
6 | 9. The signature of the taxpayer; and | ||||||
7 | 10. Such other reasonable information as the | ||||||
8 | Department may require. | ||||||
9 | On and after January 1, 2018, except for returns for motor | ||||||
10 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
11 | to be registered with an agency of this State, with respect to | ||||||
12 | retailers whose annual gross receipts average $20,000 or more, | ||||||
13 | all returns required to be filed pursuant to this Act shall be | ||||||
14 | filed electronically. Retailers who demonstrate that they do | ||||||
15 | not have access to the Internet or demonstrate hardship in | ||||||
16 | filing electronically may petition the Department to waive the | ||||||
17 | electronic filing requirement. | ||||||
18 | If a taxpayer fails to sign a return within 30 days after | ||||||
19 | the proper notice
and demand for signature by the Department, | ||||||
20 | the return shall be considered
valid and any amount shown to be | ||||||
21 | due on the return shall be deemed assessed. | ||||||
22 | Each return shall be accompanied by the statement of | ||||||
23 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
24 | claimed. | ||||||
25 | Prior to October 1, 2003, and on and after September 1, | ||||||
26 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
|
| |||||||
| |||||||
1 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
2 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
3 | provides the
appropriate documentation as required by Section | ||||||
4 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
5 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
6 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
7 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
8 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
9 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
10 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
11 | Credit
reported on any original or amended return
filed under
| ||||||
12 | this Act after October 20, 2003 for reporting periods prior to | ||||||
13 | September 1, 2004 shall be disallowed. Manufacturer's | ||||||
14 | Purchaser Credit reported on annual returns due on or after | ||||||
15 | January 1, 2005 will be disallowed for periods prior to | ||||||
16 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
17 | used after September 30, 2003 through August 31, 2004 to
| ||||||
18 | satisfy any
tax liability imposed under this Act, including | ||||||
19 | any audit liability. | ||||||
20 | The Department may require returns to be filed on a | ||||||
21 | quarterly basis.
If so required, a return for each calendar | ||||||
22 | quarter shall be filed on or
before the twentieth day of the | ||||||
23 | calendar month following the end of such
calendar quarter. The | ||||||
24 | taxpayer shall also file a return with the
Department for each | ||||||
25 | of the first two months of each calendar quarter, on or
before | ||||||
26 | the twentieth day of the following calendar month, stating: |
| |||||||
| |||||||
1 | 1. The name of the seller; | ||||||
2 | 2. The address of the principal place of business from | ||||||
3 | which he engages
in the business of selling tangible | ||||||
4 | personal property at retail in this State; | ||||||
5 | 3. The total amount of taxable receipts received by | ||||||
6 | him during the
preceding calendar month from sales of | ||||||
7 | tangible personal property by him
during such preceding | ||||||
8 | calendar month, including receipts from charge and
time | ||||||
9 | sales, but less all deductions allowed by law; | ||||||
10 | 4. The amount of credit provided in Section 2d of this | ||||||
11 | Act; | ||||||
12 | 5. The amount of tax due; and | ||||||
13 | 6. Such other reasonable information as the Department | ||||||
14 | may
require. | ||||||
15 | Every person engaged in the business of selling aviation | ||||||
16 | fuel at retail in this State during the preceding calendar | ||||||
17 | month shall, instead of reporting and paying tax as otherwise | ||||||
18 | required by this Section, report and pay such tax on a separate | ||||||
19 | aviation fuel tax return. The requirements related to the | ||||||
20 | return shall be as otherwise provided in this Section. | ||||||
21 | Notwithstanding any other provisions of this Act to the | ||||||
22 | contrary, retailers selling aviation fuel shall file all | ||||||
23 | aviation fuel tax returns and shall make all aviation fuel tax | ||||||
24 | payments by electronic means in the manner and form required | ||||||
25 | by the Department. For purposes of this Section, "aviation | ||||||
26 | fuel" means jet fuel and aviation gasoline. |
| |||||||
| |||||||
1 | Beginning on October 1, 2003, any person who is not a | ||||||
2 | licensed
distributor, importing distributor, or manufacturer, | ||||||
3 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
4 | the business of
selling, at retail, alcoholic liquor
shall | ||||||
5 | file a statement with the Department of Revenue, in a format
| ||||||
6 | and at a time prescribed by the Department, showing the total | ||||||
7 | amount paid for
alcoholic liquor purchased during the | ||||||
8 | preceding month and such other
information as is reasonably | ||||||
9 | required by the Department.
The Department may adopt rules to | ||||||
10 | require
that this statement be filed in an electronic or | ||||||
11 | telephonic format. Such rules
may provide for exceptions from | ||||||
12 | the filing requirements of this paragraph. For
the
purposes of | ||||||
13 | this
paragraph, the term "alcoholic liquor" shall have the | ||||||
14 | meaning prescribed in the
Liquor Control Act of 1934. | ||||||
15 | Beginning on October 1, 2003, every distributor, importing | ||||||
16 | distributor, and
manufacturer of alcoholic liquor as defined | ||||||
17 | in the Liquor Control Act of 1934,
shall file a
statement with | ||||||
18 | the Department of Revenue, no later than the 10th day of the
| ||||||
19 | month for the
preceding month during which transactions | ||||||
20 | occurred, by electronic means,
showing the
total amount of | ||||||
21 | gross receipts from the sale of alcoholic liquor sold or
| ||||||
22 | distributed during
the preceding month to purchasers; | ||||||
23 | identifying the purchaser to whom it was
sold or
distributed; | ||||||
24 | the purchaser's tax registration number; and such other
| ||||||
25 | information
reasonably required by the Department. A | ||||||
26 | distributor, importing distributor, or manufacturer of |
| |||||||
| |||||||
1 | alcoholic liquor must personally deliver, mail, or provide by | ||||||
2 | electronic means to each retailer listed on the monthly | ||||||
3 | statement a report containing a cumulative total of that | ||||||
4 | distributor's, importing distributor's, or manufacturer's | ||||||
5 | total sales of alcoholic liquor to that retailer no later than | ||||||
6 | the 10th day of the month for the preceding month during which | ||||||
7 | the transaction occurred. The distributor, importing | ||||||
8 | distributor, or manufacturer shall notify the retailer as to | ||||||
9 | the method by which the distributor, importing distributor, or | ||||||
10 | manufacturer will provide the sales information. If the | ||||||
11 | retailer is unable to receive the sales information by | ||||||
12 | electronic means, the distributor, importing distributor, or | ||||||
13 | manufacturer shall furnish the sales information by personal | ||||||
14 | delivery or by mail. For purposes of this paragraph, the term | ||||||
15 | "electronic means" includes, but is not limited to, the use of | ||||||
16 | a secure Internet website, e-mail, or facsimile. | ||||||
17 | If a total amount of less than $1 is payable, refundable or | ||||||
18 | creditable,
such amount shall be disregarded if it is less | ||||||
19 | than 50 cents and shall be
increased to $1 if it is 50 cents or | ||||||
20 | more. | ||||||
21 | Notwithstanding any other provision of this Act to the | ||||||
22 | contrary, retailers subject to tax on cannabis shall file all | ||||||
23 | cannabis tax returns and shall make all cannabis tax payments | ||||||
24 | by electronic means in the manner and form required by the | ||||||
25 | Department. | ||||||
26 | Beginning October 1, 1993,
a taxpayer who has an average |
| |||||||
| |||||||
1 | monthly tax liability of $150,000 or more shall
make all | ||||||
2 | payments required by rules of the
Department by electronic | ||||||
3 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
4 | an average monthly tax liability of $100,000 or more shall | ||||||
5 | make all
payments required by rules of the Department by | ||||||
6 | electronic funds transfer.
Beginning October 1, 1995, a | ||||||
7 | taxpayer who has an average monthly tax liability
of $50,000 | ||||||
8 | or more shall make all
payments required by rules of the | ||||||
9 | Department by electronic funds transfer.
Beginning October 1, | ||||||
10 | 2000, a taxpayer who has an annual tax liability of
$200,000 or | ||||||
11 | more shall make all payments required by rules of the | ||||||
12 | Department by
electronic funds transfer. The term "annual tax | ||||||
13 | liability" shall be the sum of
the taxpayer's liabilities | ||||||
14 | under this Act, and under all other State and local
occupation | ||||||
15 | and use tax laws administered by the Department, for the | ||||||
16 | immediately
preceding calendar year.
The term "average monthly | ||||||
17 | tax liability" shall be the sum of the
taxpayer's liabilities | ||||||
18 | under this
Act, and under all other State and local occupation | ||||||
19 | and use tax
laws administered by the Department, for the | ||||||
20 | immediately preceding calendar
year divided by 12.
Beginning | ||||||
21 | on October 1, 2002, a taxpayer who has a tax liability in the
| ||||||
22 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
23 | Department of
Revenue Law shall make all payments required by | ||||||
24 | rules of the Department by
electronic funds transfer. | ||||||
25 | Before August 1 of each year beginning in 1993, the | ||||||
26 | Department shall
notify all taxpayers required to make |
| |||||||
| |||||||
1 | payments by electronic funds
transfer. All taxpayers
required | ||||||
2 | to make payments by electronic funds transfer shall make those
| ||||||
3 | payments for
a minimum of one year beginning on October 1. | ||||||
4 | Any taxpayer not required to make payments by electronic | ||||||
5 | funds transfer may
make payments by electronic funds transfer | ||||||
6 | with
the permission of the Department. | ||||||
7 | All taxpayers required to make payment by electronic funds | ||||||
8 | transfer and
any taxpayers authorized to voluntarily make | ||||||
9 | payments by electronic funds
transfer shall make those | ||||||
10 | payments in the manner authorized by the Department. | ||||||
11 | The Department shall adopt such rules as are necessary to | ||||||
12 | effectuate a
program of electronic funds transfer and the | ||||||
13 | requirements of this Section. | ||||||
14 | Any amount which is required to be shown or reported on any | ||||||
15 | return or
other document under this Act shall, if such amount | ||||||
16 | is not a whole-dollar
amount, be increased to the nearest | ||||||
17 | whole-dollar amount in any case where
the fractional part of a | ||||||
18 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
19 | whole-dollar amount where the fractional part of a dollar is | ||||||
20 | less
than 50 cents. | ||||||
21 | If the retailer is otherwise required to file a monthly | ||||||
22 | return and if the
retailer's average monthly tax liability to | ||||||
23 | the Department does not exceed
$200, the Department may | ||||||
24 | authorize his returns to be filed on a quarter
annual basis, | ||||||
25 | with the return for January, February and March of a given
year | ||||||
26 | being due by April 20 of such year; with the return for April, |
| |||||||
| |||||||
1 | May and
June of a given year being due by July 20 of such year; | ||||||
2 | with the return for
July, August and September of a given year | ||||||
3 | being due by October 20 of such
year, and with the return for | ||||||
4 | October, November and December of a given
year being due by | ||||||
5 | January 20 of the following year. | ||||||
6 | If the retailer is otherwise required to file a monthly or | ||||||
7 | quarterly
return and if the retailer's average monthly tax | ||||||
8 | liability with the
Department does not exceed $50, the | ||||||
9 | Department may authorize his returns to
be filed on an annual | ||||||
10 | basis, with the return for a given year being due by
January 20 | ||||||
11 | of the following year. | ||||||
12 | Such quarter annual and annual returns, as to form and | ||||||
13 | substance,
shall be subject to the same requirements as | ||||||
14 | monthly returns. | ||||||
15 | Notwithstanding any other provision in this Act concerning | ||||||
16 | the time
within which a retailer may file his return, in the | ||||||
17 | case of any retailer
who ceases to engage in a kind of business | ||||||
18 | which makes him responsible
for filing returns under this Act, | ||||||
19 | such retailer shall file a final
return under this Act with the | ||||||
20 | Department not more than one month after
discontinuing such | ||||||
21 | business. | ||||||
22 | Where the same person has more than one business | ||||||
23 | registered with the
Department under separate registrations | ||||||
24 | under this Act, such person may
not file each return that is | ||||||
25 | due as a single return covering all such
registered | ||||||
26 | businesses, but shall file separate returns for each such
|
| |||||||
| |||||||
1 | registered business. | ||||||
2 | In addition, with respect to motor vehicles, watercraft,
| ||||||
3 | aircraft, and trailers that are required to be registered with | ||||||
4 | an agency of
this State, except as otherwise provided in this | ||||||
5 | Section, every
retailer selling this kind of tangible personal | ||||||
6 | property shall file,
with the Department, upon a form to be | ||||||
7 | prescribed and supplied by the
Department, a separate return | ||||||
8 | for each such item of tangible personal
property which the | ||||||
9 | retailer sells, except that if, in the same
transaction, (i) a | ||||||
10 | retailer of aircraft, watercraft, motor vehicles or
trailers | ||||||
11 | transfers more than one aircraft, watercraft, motor
vehicle or | ||||||
12 | trailer to another aircraft, watercraft, motor vehicle
| ||||||
13 | retailer or trailer retailer for the purpose of resale
or (ii) | ||||||
14 | a retailer of aircraft, watercraft, motor vehicles, or | ||||||
15 | trailers
transfers more than one aircraft, watercraft, motor | ||||||
16 | vehicle, or trailer to a
purchaser for use as a qualifying | ||||||
17 | rolling stock as provided in Section 2-5 of
this Act, then
that | ||||||
18 | seller may report the transfer of all aircraft,
watercraft, | ||||||
19 | motor vehicles or trailers involved in that transaction to the
| ||||||
20 | Department on the same uniform invoice-transaction reporting | ||||||
21 | return form. For
purposes of this Section, "watercraft" means | ||||||
22 | a Class 2, Class 3, or Class 4
watercraft as defined in Section | ||||||
23 | 3-2 of the Boat Registration and Safety Act, a
personal | ||||||
24 | watercraft, or any boat equipped with an inboard motor. | ||||||
25 | In addition, with respect to motor vehicles, watercraft, | ||||||
26 | aircraft, and trailers that are required to be registered with |
| |||||||
| |||||||
1 | an agency of this State, every person who is engaged in the | ||||||
2 | business of leasing or renting such items and who, in | ||||||
3 | connection with such business, sells any such item to a | ||||||
4 | retailer for the purpose of resale is, notwithstanding any | ||||||
5 | other provision of this Section to the contrary, authorized to | ||||||
6 | meet the return-filing requirement of this Act by reporting | ||||||
7 | the transfer of all the aircraft, watercraft, motor vehicles, | ||||||
8 | or trailers transferred for resale during a month to the | ||||||
9 | Department on the same uniform invoice-transaction reporting | ||||||
10 | return form on or before the 20th of the month following the | ||||||
11 | month in which the transfer takes place. Notwithstanding any | ||||||
12 | other provision of this Act to the contrary, all returns filed | ||||||
13 | under this paragraph must be filed by electronic means in the | ||||||
14 | manner and form as required by the Department. | ||||||
15 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
16 | aircraft, or trailers that are required to be registered with | ||||||
17 | an agency of
this State, so that all
retailers' occupation tax | ||||||
18 | liability is required to be reported, and is
reported, on such | ||||||
19 | transaction reporting returns and who is not otherwise
| ||||||
20 | required to file monthly or quarterly returns, need not file | ||||||
21 | monthly or
quarterly returns. However, those retailers shall | ||||||
22 | be required to
file returns on an annual basis. | ||||||
23 | The transaction reporting return, in the case of motor | ||||||
24 | vehicles
or trailers that are required to be registered with | ||||||
25 | an agency of this
State, shall
be the same document as the | ||||||
26 | Uniform Invoice referred to in Section 5-402
of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code and must show the name and address of the
seller; | ||||||
2 | the name and address of the purchaser; the amount of the | ||||||
3 | selling
price including the amount allowed by the retailer for | ||||||
4 | traded-in
property, if any; the amount allowed by the retailer | ||||||
5 | for the traded-in
tangible personal property, if any, to the | ||||||
6 | extent to which Section 1 of
this Act allows an exemption for | ||||||
7 | the value of traded-in property; the
balance payable after | ||||||
8 | deducting such trade-in allowance from the total
selling | ||||||
9 | price; the amount of tax due from the retailer with respect to
| ||||||
10 | such transaction; the amount of tax collected from the | ||||||
11 | purchaser by the
retailer on such transaction (or satisfactory | ||||||
12 | evidence that such tax is
not due in that particular instance, | ||||||
13 | if that is claimed to be the fact);
the place and date of the | ||||||
14 | sale; a sufficient identification of the
property sold; such | ||||||
15 | other information as is required in Section 5-402 of
the | ||||||
16 | Illinois Vehicle Code, and such other information as the | ||||||
17 | Department
may reasonably require. | ||||||
18 | The transaction reporting return in the case of watercraft
| ||||||
19 | or aircraft must show
the name and address of the seller; the | ||||||
20 | name and address of the
purchaser; the amount of the selling | ||||||
21 | price including the amount allowed
by the retailer for | ||||||
22 | traded-in property, if any; the amount allowed by
the retailer | ||||||
23 | for the traded-in tangible personal property, if any, to
the | ||||||
24 | extent to which Section 1 of this Act allows an exemption for | ||||||
25 | the
value of traded-in property; the balance payable after | ||||||
26 | deducting such
trade-in allowance from the total selling |
| |||||||
| |||||||
1 | price; the amount of tax due
from the retailer with respect to | ||||||
2 | such transaction; the amount of tax
collected from the | ||||||
3 | purchaser by the retailer on such transaction (or
satisfactory | ||||||
4 | evidence that such tax is not due in that particular
instance, | ||||||
5 | if that is claimed to be the fact); the place and date of the
| ||||||
6 | sale, a sufficient identification of the property sold, and | ||||||
7 | such other
information as the Department may reasonably | ||||||
8 | require. | ||||||
9 | Such transaction reporting return shall be filed not later | ||||||
10 | than 20
days after the day of delivery of the item that is | ||||||
11 | being sold, but may
be filed by the retailer at any time sooner | ||||||
12 | than that if he chooses to
do so. The transaction reporting | ||||||
13 | return and tax remittance or proof of
exemption from the | ||||||
14 | Illinois use tax may be transmitted to the Department
by way of | ||||||
15 | the State agency with which, or State officer with whom the
| ||||||
16 | tangible personal property must be titled or registered (if | ||||||
17 | titling or
registration is required) if the Department and | ||||||
18 | such agency or State
officer determine that this procedure | ||||||
19 | will expedite the processing of
applications for title or | ||||||
20 | registration. | ||||||
21 | With each such transaction reporting return, the retailer | ||||||
22 | shall remit
the proper amount of tax due (or shall submit | ||||||
23 | satisfactory evidence that
the sale is not taxable if that is | ||||||
24 | the case), to the Department or its
agents, whereupon the | ||||||
25 | Department shall issue, in the purchaser's name, a
use tax | ||||||
26 | receipt (or a certificate of exemption if the Department is
|
| |||||||
| |||||||
1 | satisfied that the particular sale is tax exempt) which such | ||||||
2 | purchaser
may submit to the agency with which, or State | ||||||
3 | officer with whom, he must
title or register the tangible | ||||||
4 | personal property that is involved (if
titling or registration | ||||||
5 | is required) in support of such purchaser's
application for an | ||||||
6 | Illinois certificate or other evidence of title or
| ||||||
7 | registration to such tangible personal property. | ||||||
8 | No retailer's failure or refusal to remit tax under this | ||||||
9 | Act
precludes a user, who has paid the proper tax to the | ||||||
10 | retailer, from
obtaining his certificate of title or other | ||||||
11 | evidence of title or
registration (if titling or registration | ||||||
12 | is required) upon satisfying
the Department that such user has | ||||||
13 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
14 | Department shall adopt appropriate rules to carry out
the | ||||||
15 | mandate of this paragraph. | ||||||
16 | If the user who would otherwise pay tax to the retailer | ||||||
17 | wants the
transaction reporting return filed and the payment | ||||||
18 | of the tax or proof
of exemption made to the Department before | ||||||
19 | the retailer is willing to
take these actions and such user has | ||||||
20 | not paid the tax to the retailer,
such user may certify to the | ||||||
21 | fact of such delay by the retailer and may
(upon the Department | ||||||
22 | being satisfied of the truth of such certification)
transmit | ||||||
23 | the information required by the transaction reporting return
| ||||||
24 | and the remittance for tax or proof of exemption directly to | ||||||
25 | the
Department and obtain his tax receipt or exemption | ||||||
26 | determination, in
which event the transaction reporting return |
| |||||||
| |||||||
1 | and tax remittance (if a
tax payment was required) shall be | ||||||
2 | credited by the Department to the
proper retailer's account | ||||||
3 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
4 | provided for in this Section being allowed. When the user pays
| ||||||
5 | the tax directly to the Department, he shall pay the tax in the | ||||||
6 | same
amount and in the same form in which it would be remitted | ||||||
7 | if the tax had
been remitted to the Department by the retailer. | ||||||
8 | Refunds made by the seller during the preceding return | ||||||
9 | period to
purchasers, on account of tangible personal property | ||||||
10 | returned to the
seller, shall be allowed as a deduction under | ||||||
11 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
12 | may be, in case the
seller had theretofore included the | ||||||
13 | receipts from the sale of such
tangible personal property in a | ||||||
14 | return filed by him and had paid the tax
imposed by this Act | ||||||
15 | with respect to such receipts. | ||||||
16 | Where the seller is a corporation, the return filed on | ||||||
17 | behalf of such
corporation shall be signed by the president, | ||||||
18 | vice-president, secretary
or treasurer or by the properly | ||||||
19 | accredited agent of such corporation. | ||||||
20 | Where the seller is a limited liability company, the | ||||||
21 | return filed on behalf
of the limited liability company shall | ||||||
22 | be signed by a manager, member, or
properly accredited agent | ||||||
23 | of the limited liability company. | ||||||
24 | Except as provided in this Section, the retailer filing | ||||||
25 | the return
under this Section shall, at the time of filing such | ||||||
26 | return, pay to the
Department the amount of tax imposed by this |
| |||||||
| |||||||
1 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
2 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
3 | whichever is greater, which is allowed to
reimburse the | ||||||
4 | retailer for the expenses incurred in keeping records,
| ||||||
5 | preparing and filing returns, remitting the tax and supplying | ||||||
6 | data to
the Department on request. The discount under this | ||||||
7 | Section is not allowed for the 1.25% portion of taxes paid on | ||||||
8 | aviation fuel that is subject to the revenue use requirements | ||||||
9 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any prepayment made | ||||||
10 | pursuant to Section 2d
of this Act shall be included in the | ||||||
11 | amount on which such
2.1% or 1.75% discount is computed. In the | ||||||
12 | case of retailers who report
and pay the tax on a transaction | ||||||
13 | by transaction basis, as provided in this
Section, such | ||||||
14 | discount shall be taken with each such tax remittance
instead | ||||||
15 | of when such retailer files his periodic return. The discount | ||||||
16 | allowed under this Section is allowed only for returns that | ||||||
17 | are filed in the manner required by this Act. The Department | ||||||
18 | may disallow the discount for retailers whose certificate of | ||||||
19 | registration is revoked at the time the return is filed, but | ||||||
20 | only if the Department's decision to revoke the certificate of | ||||||
21 | registration has become final. | ||||||
22 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
23 | tax liability
to the Department
under this Act, the Use Tax | ||||||
24 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
25 | Act, excluding any liability for prepaid sales
tax to be | ||||||
26 | remitted in accordance with Section 2d of this Act, was
|
| |||||||
| |||||||
1 | $10,000
or more during the preceding 4 complete calendar | ||||||
2 | quarters, he shall file a
return with the Department each | ||||||
3 | month by the 20th day of the month next
following the month | ||||||
4 | during which such tax liability is incurred and shall
make | ||||||
5 | payments to the Department on or before the 7th, 15th, 22nd and | ||||||
6 | last
day of the month during which such liability is incurred.
| ||||||
7 | On and after October 1, 2000, if the taxpayer's average | ||||||
8 | monthly tax liability
to the Department under this Act, the | ||||||
9 | Use Tax Act, the Service Occupation Tax
Act, and the Service | ||||||
10 | Use Tax Act, excluding any liability for prepaid sales tax
to | ||||||
11 | be remitted in accordance with Section 2d of this Act, was | ||||||
12 | $20,000 or more
during the preceding 4 complete calendar | ||||||
13 | quarters, he shall file a return with
the Department each | ||||||
14 | month by the 20th day of the month next following the month
| ||||||
15 | during which such tax liability is incurred and shall make | ||||||
16 | payment to the
Department on or before the 7th, 15th, 22nd and | ||||||
17 | last day of the month during
which such liability is incurred.
| ||||||
18 | If the month
during which such tax liability is incurred began | ||||||
19 | prior to January 1, 1985,
each payment shall be in an amount | ||||||
20 | equal to 1/4 of the taxpayer's actual
liability for the month | ||||||
21 | or an amount set by the Department not to exceed
1/4 of the | ||||||
22 | average monthly liability of the taxpayer to the Department | ||||||
23 | for
the preceding 4 complete calendar quarters (excluding the | ||||||
24 | month of highest
liability and the month of lowest liability | ||||||
25 | in such 4 quarter period). If
the month during which such tax | ||||||
26 | liability is incurred begins on or after
January 1, 1985 and |
| |||||||
| |||||||
1 | prior to January 1, 1987, each payment shall be in an
amount | ||||||
2 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
3 | month or
27.5% of the taxpayer's liability for the same | ||||||
4 | calendar
month of the preceding year. If the month during | ||||||
5 | which such tax
liability is incurred begins on or after | ||||||
6 | January 1, 1987 and prior to
January 1, 1988, each payment | ||||||
7 | shall be in an amount equal to 22.5% of the
taxpayer's actual | ||||||
8 | liability for the month or 26.25% of the taxpayer's
liability | ||||||
9 | for the same calendar month of the preceding year. If the month
| ||||||
10 | during which such tax liability is incurred begins on or after | ||||||
11 | January 1,
1988, and prior to January 1, 1989, or begins on or | ||||||
12 | after January 1, 1996, each
payment shall be in an amount
equal | ||||||
13 | to 22.5% of the taxpayer's actual liability for the month or | ||||||
14 | 25% of
the taxpayer's liability for the same calendar month of | ||||||
15 | the preceding year. If
the month during which such tax | ||||||
16 | liability is incurred begins on or after
January 1, 1989, and | ||||||
17 | prior to January 1, 1996, each payment shall be in an
amount | ||||||
18 | equal to 22.5% of the
taxpayer's actual liability for the | ||||||
19 | month or 25% of the taxpayer's
liability for the same calendar | ||||||
20 | month of the preceding year or 100% of the
taxpayer's actual | ||||||
21 | liability for the quarter monthly reporting period. The
amount | ||||||
22 | of such quarter monthly payments shall be credited against
the | ||||||
23 | final tax liability of the taxpayer's return for that month. | ||||||
24 | Before
October 1, 2000, once
applicable, the requirement of | ||||||
25 | the making of quarter monthly payments to
the Department by | ||||||
26 | taxpayers having an average monthly tax liability of
$10,000 |
| |||||||
| |||||||
1 | or more as determined in the manner provided above
shall | ||||||
2 | continue
until such taxpayer's average monthly liability to | ||||||
3 | the Department during
the preceding 4 complete calendar | ||||||
4 | quarters (excluding the month of highest
liability and the | ||||||
5 | month of lowest liability) is less than
$9,000, or until
such | ||||||
6 | taxpayer's average monthly liability to the Department as | ||||||
7 | computed for
each calendar quarter of the 4 preceding complete | ||||||
8 | calendar quarter period
is less than $10,000. However, if a | ||||||
9 | taxpayer can show the
Department that
a substantial change in | ||||||
10 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
11 | to anticipate that his average monthly tax liability for the
| ||||||
12 | reasonably foreseeable future will fall below the $10,000 | ||||||
13 | threshold
stated above, then
such taxpayer
may petition the | ||||||
14 | Department for a change in such taxpayer's reporting
status. | ||||||
15 | On and after October 1, 2000, once applicable, the requirement | ||||||
16 | of
the making of quarter monthly payments to the Department by | ||||||
17 | taxpayers having an
average monthly tax liability of $20,000 | ||||||
18 | or more as determined in the manner
provided above shall | ||||||
19 | continue until such taxpayer's average monthly liability
to | ||||||
20 | the Department during the preceding 4 complete calendar | ||||||
21 | quarters (excluding
the month of highest liability and the | ||||||
22 | month of lowest liability) is less than
$19,000 or until such | ||||||
23 | taxpayer's average monthly liability to the Department as
| ||||||
24 | computed for each calendar quarter of the 4 preceding complete | ||||||
25 | calendar quarter
period is less than $20,000. However, if a | ||||||
26 | taxpayer can show the Department
that a substantial change in |
| |||||||
| |||||||
1 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
2 | to anticipate that his average monthly tax liability for the
| ||||||
3 | reasonably foreseeable future will fall below the $20,000 | ||||||
4 | threshold stated
above, then such taxpayer may petition the | ||||||
5 | Department for a change in such
taxpayer's reporting status. | ||||||
6 | The Department shall change such taxpayer's
reporting status
| ||||||
7 | unless it finds that such change is seasonal in nature and not | ||||||
8 | likely to be
long term. If any such quarter monthly payment is | ||||||
9 | not paid at the time or
in the amount required by this Section, | ||||||
10 | then the taxpayer shall be liable for
penalties and interest | ||||||
11 | on the difference
between the minimum amount due as a payment | ||||||
12 | and the amount of such quarter
monthly payment actually and | ||||||
13 | timely paid, except insofar as the
taxpayer has previously | ||||||
14 | made payments for that month to the Department in
excess of the | ||||||
15 | minimum payments previously due as provided in this Section.
| ||||||
16 | The Department shall make reasonable rules and regulations to | ||||||
17 | govern the
quarter monthly payment amount and quarter monthly | ||||||
18 | payment dates for
taxpayers who file on other than a calendar | ||||||
19 | monthly basis. | ||||||
20 | The provisions of this paragraph apply before October 1, | ||||||
21 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
22 | quarter monthly
payments as specified above, any taxpayer who | ||||||
23 | is required by Section 2d
of this Act to collect and remit | ||||||
24 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
25 | excess of $25,000 per month during the preceding
2 complete | ||||||
26 | calendar quarters, shall file a return with the Department as
|
| |||||||
| |||||||
1 | required by Section 2f and shall make payments to the | ||||||
2 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
3 | month during which such liability
is incurred. If the month | ||||||
4 | during which such tax liability is incurred
began prior to | ||||||
5 | September 1, 1985 (the effective date of Public Act 84-221), | ||||||
6 | each
payment shall be in an amount not less than 22.5% of the | ||||||
7 | taxpayer's actual
liability under Section 2d. If the month | ||||||
8 | during which such tax liability
is incurred begins on or after | ||||||
9 | January 1, 1986, each payment shall be in an
amount equal to | ||||||
10 | 22.5% of the taxpayer's actual liability for the month or
| ||||||
11 | 27.5% of the taxpayer's liability for the same calendar month | ||||||
12 | of the
preceding calendar year. If the month during which such | ||||||
13 | tax liability is
incurred begins on or after January 1, 1987, | ||||||
14 | each payment shall be in an
amount equal to 22.5% of the | ||||||
15 | taxpayer's actual liability for the month or
26.25% of the | ||||||
16 | taxpayer's liability for the same calendar month of the
| ||||||
17 | preceding year. The amount of such quarter monthly payments | ||||||
18 | shall be
credited against the final tax liability of the | ||||||
19 | taxpayer's return for that
month filed under this Section or | ||||||
20 | Section 2f, as the case may be. Once
applicable, the | ||||||
21 | requirement of the making of quarter monthly payments to
the | ||||||
22 | Department pursuant to this paragraph shall continue until | ||||||
23 | such
taxpayer's average monthly prepaid tax collections during | ||||||
24 | the preceding 2
complete calendar quarters is $25,000 or less. | ||||||
25 | If any such quarter monthly
payment is not paid at the time or | ||||||
26 | in the amount required, the taxpayer
shall be liable for |
| |||||||
| |||||||
1 | penalties and interest on such difference, except
insofar as | ||||||
2 | the taxpayer has previously made payments for that month in
| ||||||
3 | excess of the minimum payments previously due. | ||||||
4 | The provisions of this paragraph apply on and after | ||||||
5 | October 1, 2001.
Without regard to whether a taxpayer is | ||||||
6 | required to make quarter monthly
payments as specified above, | ||||||
7 | any taxpayer who is required by Section 2d of this
Act to | ||||||
8 | collect and remit prepaid taxes and has collected prepaid | ||||||
9 | taxes that
average in excess of $20,000 per month during the | ||||||
10 | preceding 4 complete calendar
quarters shall file a return | ||||||
11 | with the Department as required by Section 2f
and shall make | ||||||
12 | payments to the Department on or before the 7th, 15th, 22nd and
| ||||||
13 | last day of the month during which the liability is incurred. | ||||||
14 | Each payment
shall be in an amount equal to 22.5% of the | ||||||
15 | taxpayer's actual liability for the
month or 25% of the | ||||||
16 | taxpayer's liability for the same calendar month of the
| ||||||
17 | preceding year. The amount of the quarter monthly payments | ||||||
18 | shall be credited
against the final tax liability of the | ||||||
19 | taxpayer's return for that month filed
under this Section or | ||||||
20 | Section 2f, as the case may be. Once applicable, the
| ||||||
21 | requirement of the making of quarter monthly payments to the | ||||||
22 | Department
pursuant to this paragraph shall continue until the | ||||||
23 | taxpayer's average monthly
prepaid tax collections during the | ||||||
24 | preceding 4 complete calendar quarters
(excluding the month of | ||||||
25 | highest liability and the month of lowest liability) is
less | ||||||
26 | than $19,000 or until such taxpayer's average monthly |
| |||||||
| |||||||
1 | liability to the
Department as computed for each calendar | ||||||
2 | quarter of the 4 preceding complete
calendar quarters is less | ||||||
3 | than $20,000. If any such quarter monthly payment is
not paid | ||||||
4 | at the time or in the amount required, the taxpayer shall be | ||||||
5 | liable
for penalties and interest on such difference, except | ||||||
6 | insofar as the taxpayer
has previously made payments for that | ||||||
7 | month in excess of the minimum payments
previously due. | ||||||
8 | If any payment provided for in this Section exceeds
the | ||||||
9 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
10 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
11 | shown on an original
monthly return, the Department shall, if | ||||||
12 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
13 | memorandum no later than 30 days after the date of
payment. The | ||||||
14 | credit evidenced by such credit memorandum may
be assigned by | ||||||
15 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
16 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
17 | in
accordance with reasonable rules and regulations to be | ||||||
18 | prescribed by the
Department. If no such request is made, the | ||||||
19 | taxpayer may credit such excess
payment against tax liability | ||||||
20 | subsequently to be remitted to the Department
under this Act, | ||||||
21 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
22 | Use Tax Act, in accordance with reasonable rules and | ||||||
23 | regulations
prescribed by the Department. If the Department | ||||||
24 | subsequently determined
that all or any part of the credit | ||||||
25 | taken was not actually due to the
taxpayer, the taxpayer's | ||||||
26 | 2.1% and 1.75% vendor's discount shall be reduced
by 2.1% or |
| |||||||
| |||||||
1 | 1.75% of the difference between the credit taken and that
| ||||||
2 | actually due, and that taxpayer shall be liable for penalties | ||||||
3 | and interest
on such difference. | ||||||
4 | If a retailer of motor fuel is entitled to a credit under | ||||||
5 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
6 | to the Department under
this Act for the month which the | ||||||
7 | taxpayer is filing a return, the
Department shall issue the | ||||||
8 | taxpayer a credit memorandum for the excess. | ||||||
9 | Beginning January 1, 1990, each month the Department shall | ||||||
10 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
11 | State treasury which
is hereby created, the net revenue | ||||||
12 | realized for the preceding month from
the 1% tax imposed under | ||||||
13 | this Act. | ||||||
14 | Beginning January 1, 1990, each month the Department shall | ||||||
15 | pay into
the County and Mass Transit District Fund, a special | ||||||
16 | fund in the State
treasury which is hereby created, 4% of the | ||||||
17 | net revenue realized
for the preceding month from the 6.25% | ||||||
18 | general rate other than aviation fuel sold on or after | ||||||
19 | December 1, 2019. This exception for aviation fuel only | ||||||
20 | applies for so long as the revenue use requirements of 49 | ||||||
21 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||||||
22 | Beginning August 1, 2000, each
month the Department shall | ||||||
23 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
24 | net revenue realized for the
preceding month from the 1.25% | ||||||
25 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
26 | September 1, 2010, each month the Department shall pay into |
| |||||||
| |||||||
1 | the County and Mass Transit District Fund 20% of the net | ||||||
2 | revenue realized for the preceding month from the 1.25% rate | ||||||
3 | on the selling price of sales tax holiday items. | ||||||
4 | Beginning January 1, 1990, each month the Department shall | ||||||
5 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
6 | realized for the
preceding month from the 6.25% general rate | ||||||
7 | on the selling price of
tangible personal property other than | ||||||
8 | aviation fuel sold on or after December 1, 2019. This | ||||||
9 | exception for aviation fuel only applies for so long as the | ||||||
10 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
11 | 47133 are binding on the State. | ||||||
12 | For aviation fuel sold on or after December 1, 2019, each | ||||||
13 | month the Department shall pay into the State Aviation Program | ||||||
14 | Fund 20% of the net revenue realized for the preceding month | ||||||
15 | from the 6.25% general rate on the selling price of aviation | ||||||
16 | fuel, less an amount estimated by the Department to be | ||||||
17 | required for refunds of the 20% portion of the tax on aviation | ||||||
18 | fuel under this Act, which amount shall be deposited into the | ||||||
19 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
20 | pay moneys into the State Aviation Program Fund and the | ||||||
21 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
22 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
23 | U.S.C. 47133 are binding on the State. | ||||||
24 | Beginning August 1, 2000, each
month the Department shall | ||||||
25 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
26 | realized for the preceding
month from the 1.25% rate on the |
| |||||||
| |||||||
1 | selling price of motor fuel and gasohol. Beginning September | ||||||
2 | 1, 2010, each month the Department shall pay into the Local | ||||||
3 | Government Tax Fund 80% of the net revenue realized for the | ||||||
4 | preceding month from the 1.25% rate on the selling price of | ||||||
5 | sales tax holiday items. | ||||||
6 | Beginning October 1, 2009, each month the Department shall | ||||||
7 | pay into the Capital Projects Fund an amount that is equal to | ||||||
8 | an amount estimated by the Department to represent 80% of the | ||||||
9 | net revenue realized for the preceding month from the sale of | ||||||
10 | candy, grooming and hygiene products, and soft drinks that had | ||||||
11 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
12 | are now taxed at 6.25%. | ||||||
13 | Beginning July 1, 2011, each
month the Department shall | ||||||
14 | pay into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
15 | realized for the
preceding month from the 6.25% general rate | ||||||
16 | on the selling price of sorbents used in Illinois in the | ||||||
17 | process of sorbent injection as used to comply with the | ||||||
18 | Environmental Protection Act or the federal Clean Air Act, but | ||||||
19 | the total payment into the Clean Air Act Permit Fund under this | ||||||
20 | Act and the Use Tax Act shall not exceed $2,000,000 in any | ||||||
21 | fiscal year. | ||||||
22 | Beginning July 1, 2013, each month the Department shall | ||||||
23 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
24 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
25 | Act, and the Service Occupation Tax Act an amount equal to the | ||||||
26 | average monthly deficit in the Underground Storage Tank Fund |
| |||||||
| |||||||
1 | during the prior year, as certified annually by the Illinois | ||||||
2 | Environmental Protection Agency, but the total payment into | ||||||
3 | the Underground Storage Tank Fund under this Act, the Use Tax | ||||||
4 | Act, the Service Use Tax Act, and the Service Occupation Tax | ||||||
5 | Act shall not exceed $18,000,000 in any State fiscal year. As | ||||||
6 | used in this paragraph, the "average monthly deficit" shall be | ||||||
7 | equal to the difference between the average monthly claims for | ||||||
8 | payment by the fund and the average monthly revenues deposited | ||||||
9 | into the fund, excluding payments made pursuant to this | ||||||
10 | paragraph. | ||||||
11 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
12 | received by the Department under the Use Tax Act, the Service | ||||||
13 | Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||||||
14 | month the Department shall deposit $500,000 into the State | ||||||
15 | Crime Laboratory Fund. | ||||||
16 | Beginning January 1, 2022, the Department shall pay into | ||||||
17 | the Youthbuild Assistance Fund 100% of the net revenue | ||||||
18 | realized for the preceding month from the 3.75% surcharge on | ||||||
19 | the selling price of firearms and firearm component parts. | ||||||
20 | Of the remainder of the moneys received by the Department | ||||||
21 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
22 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
23 | and after July 1, 1989,
3.8% thereof shall be paid into the | ||||||
24 | Build Illinois Fund; provided, however,
that if in any fiscal | ||||||
25 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | ||||||
26 | may be, of the moneys received by the Department and required |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||||||||||||||||||||||||||||||
2 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||||||||||||||||||||||||||||||
3 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||||||||||||||||||||||||||||||
4 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||||||||||||||||||||||||||||||
5 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||||||||||||||||||||||||||||||
6 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||||||||||||||||||||||||||
7 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||||||||||||||||||||||||||||||
8 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||||||||||||||||||||||||||||||
9 | hereinafter
defined), an amount equal to the difference shall | |||||||||||||||||||||||||||||||||||||
10 | be immediately paid into
the Build Illinois Fund from other | |||||||||||||||||||||||||||||||||||||
11 | moneys received by the Department
pursuant to the Tax Acts; | |||||||||||||||||||||||||||||||||||||
12 | the "Annual Specified Amount" means the amounts
specified | |||||||||||||||||||||||||||||||||||||
13 | below for fiscal years 1986 through 1993: | |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
23 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||||||||||||||
24 | defined in
Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||||||||||||||
25 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | |||||||||||||||||||||||||||||||||||||
26 | each fiscal year thereafter; and
further provided, that if on |
| |||||||
| |||||||
1 | the last business day of any month the sum of
(1) the Tax Act | ||||||
2 | Amount required to be deposited into the Build Illinois
Bond | ||||||
3 | Account in the Build Illinois Fund during such month and (2) | ||||||
4 | the
amount transferred to the Build Illinois Fund from the | ||||||
5 | State and Local
Sales Tax Reform Fund shall have been less than | ||||||
6 | 1/12 of the Annual
Specified Amount, an amount equal to the | ||||||
7 | difference shall be immediately
paid into the Build Illinois | ||||||
8 | Fund from other moneys received by the
Department pursuant to | ||||||
9 | the Tax Acts; and, further provided, that in no
event shall the | ||||||
10 | payments required under the preceding proviso result in
| ||||||
11 | aggregate payments into the Build Illinois Fund pursuant to | ||||||
12 | this clause (b)
for any fiscal year in excess of the greater of | ||||||
13 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||||||
14 | such fiscal year. The amounts payable
into the Build Illinois | ||||||
15 | Fund under clause (b) of the first sentence in this
paragraph | ||||||
16 | shall be payable only until such time as the aggregate amount | ||||||
17 | on
deposit under each trust indenture securing Bonds issued | ||||||
18 | and outstanding
pursuant to the Build Illinois Bond Act is | ||||||
19 | sufficient, taking into account
any future investment income, | ||||||
20 | to fully provide, in accordance with such
indenture, for the | ||||||
21 | defeasance of or the payment of the principal of,
premium, if | ||||||
22 | any, and interest on the Bonds secured by such indenture and on
| ||||||
23 | any Bonds expected to be issued thereafter and all fees and | ||||||
24 | costs payable
with respect thereto, all as certified by the | ||||||
25 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
26 | Management and Budget). If on the last
business day of any |
| |||||||
| |||||||
1 | month in which Bonds are
outstanding pursuant to the Build | ||||||
2 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
3 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
4 | month shall be less than the amount required to be transferred
| ||||||
5 | in such month from the Build Illinois Bond Account to the Build | ||||||
6 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
7 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
8 | deficiency shall be immediately
paid from other moneys | ||||||
9 | received by the Department pursuant to the Tax Acts
to the | ||||||
10 | Build Illinois Fund; provided, however, that any amounts paid | ||||||
11 | to the
Build Illinois Fund in any fiscal year pursuant to this | ||||||
12 | sentence shall be
deemed to constitute payments pursuant to | ||||||
13 | clause (b) of the first sentence
of this paragraph and shall | ||||||
14 | reduce the amount otherwise payable for such
fiscal year | ||||||
15 | pursuant to that clause (b). The moneys received by the
| ||||||
16 | Department pursuant to this Act and required to be deposited | ||||||
17 | into the Build
Illinois Fund are subject to the pledge, claim | ||||||
18 | and charge set forth in
Section 12 of the Build Illinois Bond | ||||||
19 | Act. | ||||||
20 | Subject to payment of amounts into the Build Illinois Fund | ||||||
21 | as provided in
the preceding paragraph or in any amendment | ||||||
22 | thereto hereafter enacted, the
following specified monthly | ||||||
23 | installment of the amount requested in the
certificate of the | ||||||
24 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||
25 | provided under Section 8.25f of the State Finance Act, but not | ||||||
26 | in
excess of sums designated as "Total Deposit", shall be |
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1 | deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | 9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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8 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||
9 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||
10 | certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||
11 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||
12 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||
13 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||
14 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||
15 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||
16 | required under this Section for previous
months and years, | ||||||||||||||||||||||||||||||||||||
17 | shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||||||||||||||||||||||
18 | Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||||||||||||||||||
19 | not
in excess of the amount specified above as "Total | ||||||||||||||||||||||||||||||||||||
20 | Deposit", has been deposited. | ||||||||||||||||||||||||||||||||||||
21 | Subject to payment of amounts into the Capital Projects | ||||||||||||||||||||||||||||||||||||
22 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||||||||||||||||||||||||||||||||
23 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||||||||||||||||||||||||||||||||
24 | preceding paragraphs or in any amendments thereto hereafter | ||||||||||||||||||||||||||||||||||||
25 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||||||||||||||||||||||||||||||||
26 | the Department shall each month deposit into the Aviation Fuel |
| |||||||
| |||||||
1 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
2 | be required for refunds of the 80% portion of the tax on | ||||||
3 | aviation fuel under this Act. The Department shall only | ||||||
4 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
5 | under this paragraph for so long as the revenue use | ||||||
6 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
7 | binding on the State. | ||||||
8 | Subject to payment of amounts into the Build Illinois Fund | ||||||
9 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
10 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||
11 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
12 | 2013, the Department shall each
month pay into the Illinois | ||||||
13 | Tax Increment Fund 0.27% of 80% of the net revenue
realized for | ||||||
14 | the preceding month from the 6.25% general rate on the selling
| ||||||
15 | price of tangible personal property. | ||||||
16 | Subject to payment of amounts into the Build Illinois Fund | ||||||
17 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
18 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
19 | enacted, beginning with the receipt of the first
report of | ||||||
20 | taxes paid by an eligible business and continuing for a | ||||||
21 | 25-year
period, the Department shall each month pay into the | ||||||
22 | Energy Infrastructure
Fund 80% of the net revenue realized | ||||||
23 | from the 6.25% general rate on the
selling price of | ||||||
24 | Illinois-mined coal that was sold to an eligible business.
For | ||||||
25 | purposes of this paragraph, the term "eligible business" means | ||||||
26 | a new
electric generating facility certified pursuant to |
| |||||||
| |||||||
1 | Section 605-332 of the
Department of Commerce and Economic | ||||||
2 | Opportunity
Law of the Civil Administrative Code of Illinois. | ||||||
3 | Subject to payment of amounts into the Build Illinois | ||||||
4 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
5 | Tax Increment Fund, and the Energy Infrastructure Fund | ||||||
6 | pursuant to the preceding paragraphs or in any amendments to | ||||||
7 | this Section hereafter enacted, beginning on the first day of | ||||||
8 | the first calendar month to occur on or after August 26, 2014 | ||||||
9 | (the effective date of Public Act 98-1098), each month, from | ||||||
10 | the collections made under Section 9 of the Use Tax Act, | ||||||
11 | Section 9 of the Service Use Tax Act, Section 9 of the Service | ||||||
12 | Occupation Tax Act, and Section 3 of the Retailers' Occupation | ||||||
13 | Tax Act, the Department shall pay into the Tax Compliance and | ||||||
14 | Administration Fund, to be used, subject to appropriation, to | ||||||
15 | fund additional auditors and compliance personnel at the | ||||||
16 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
17 | the cash receipts collected during the preceding fiscal year | ||||||
18 | by the Audit Bureau of the Department under the Use Tax Act, | ||||||
19 | the Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
20 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
21 | and use taxes administered by the Department. | ||||||
22 | Subject to payments of amounts into the Build Illinois | ||||||
23 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
24 | Tax Increment Fund, the Energy Infrastructure Fund, and the | ||||||
25 | Tax Compliance and Administration Fund as provided in this | ||||||
26 | Section, beginning on July 1, 2018 the Department shall pay |
| |||||||
| |||||||
1 | each month into the Downstate Public Transportation Fund the | ||||||
2 | moneys required to be so paid under Section 2-3 of the | ||||||
3 | Downstate Public Transportation Act. | ||||||
4 | Subject to successful execution and delivery of a | ||||||
5 | public-private agreement between the public agency and private | ||||||
6 | entity and completion of the civic build, beginning on July 1, | ||||||
7 | 2023, of the remainder of the moneys received by the | ||||||
8 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
9 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
10 | deposit the following specified deposits in the aggregate from | ||||||
11 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
12 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
13 | Act, as required under Section 8.25g of the State Finance Act | ||||||
14 | for distribution consistent with the Public-Private | ||||||
15 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
16 | The moneys received by the Department pursuant to this Act and | ||||||
17 | required to be deposited into the Civic and Transit | ||||||
18 | Infrastructure Fund are subject to the pledge, claim and | ||||||
19 | charge set forth in Section 25-55 of the Public-Private | ||||||
20 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
21 | As used in this paragraph, "civic build", "private entity", | ||||||
22 | "public-private agreement", and "public agency" have the | ||||||
23 | meanings provided in Section 25-10 of the Public-Private | ||||||
24 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
25 | Fiscal Year .............................Total Deposit | ||||||
26 | 2024 .....................................$200,000,000 |
| |||||||
| |||||||
1 | 2025 ....................................$206,000,000 | ||||||
2 | 2026 ....................................$212,200,000 | ||||||
3 | 2027 ....................................$218,500,000 | ||||||
4 | 2028 ....................................$225,100,000 | ||||||
5 | 2029 ....................................$288,700,000 | ||||||
6 | 2030 ....................................$298,900,000 | ||||||
7 | 2031 ....................................$309,300,000 | ||||||
8 | 2032 ....................................$320,100,000 | ||||||
9 | 2033 ....................................$331,200,000 | ||||||
10 | 2034 ....................................$341,200,000 | ||||||
11 | 2035 ....................................$351,400,000 | ||||||
12 | 2036 ....................................$361,900,000 | ||||||
13 | 2037 ....................................$372,800,000 | ||||||
14 | 2038 ....................................$384,000,000 | ||||||
15 | 2039 ....................................$395,500,000 | ||||||
16 | 2040 ....................................$407,400,000 | ||||||
17 | 2041 ....................................$419,600,000 | ||||||
18 | 2042 ....................................$432,200,000 | ||||||
19 | 2043 ....................................$445,100,000 | ||||||
20 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
21 | the payment of amounts into the County and Mass Transit | ||||||
22 | District Fund, the Local Government Tax Fund, the Build | ||||||
23 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
24 | Illinois Tax Increment Fund, the Energy Infrastructure Fund, | ||||||
25 | and the Tax Compliance and Administration Fund as provided in | ||||||
26 | this Section, the Department shall pay each month into the |
| |||||||
| |||||||
1 | Road Fund the amount estimated to represent 16% of the net | ||||||
2 | revenue realized from the taxes imposed on motor fuel and | ||||||
3 | gasohol. Beginning July 1, 2022 and until July 1, 2023, | ||||||
4 | subject to the payment of amounts into the County and Mass | ||||||
5 | Transit District Fund, the Local Government Tax Fund, the | ||||||
6 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
7 | Fund, the Illinois Tax Increment Fund, the Energy | ||||||
8 | Infrastructure Fund, and the Tax Compliance and Administration | ||||||
9 | Fund as provided in this Section, the Department shall pay | ||||||
10 | each month into the Road Fund the amount estimated to | ||||||
11 | represent 32% of the net revenue realized from the taxes | ||||||
12 | imposed on motor fuel and gasohol. Beginning July 1, 2023 and | ||||||
13 | until July 1, 2024, subject to the payment of amounts into the | ||||||
14 | County and Mass Transit District Fund, the Local Government | ||||||
15 | Tax Fund, the Build Illinois Fund, the McCormick Place | ||||||
16 | Expansion Project Fund, the Illinois Tax Increment Fund, the | ||||||
17 | Energy Infrastructure Fund, and the Tax Compliance and | ||||||
18 | Administration Fund as provided in this Section, the | ||||||
19 | Department shall pay each month into the Road Fund the amount | ||||||
20 | estimated to represent 48% of the net revenue realized from | ||||||
21 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
22 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
23 | into the County and Mass Transit District Fund, the Local | ||||||
24 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
25 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
26 | the Energy Infrastructure Fund, and the Tax Compliance and |
| |||||||
| |||||||
1 | Administration Fund as provided in this Section, the | ||||||
2 | Department shall pay each month into the Road Fund the amount | ||||||
3 | estimated to represent 64% of the net revenue realized from | ||||||
4 | the taxes imposed on motor fuel and gasohol. Beginning on July | ||||||
5 | 1, 2025, subject to the payment of amounts into the County and | ||||||
6 | Mass Transit District Fund, the Local Government Tax Fund, the | ||||||
7 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
8 | Fund, the Illinois Tax Increment Fund, the Energy | ||||||
9 | Infrastructure Fund, and the Tax Compliance and Administration | ||||||
10 | Fund as provided in this Section, the Department shall pay | ||||||
11 | each month into the Road Fund the amount estimated to | ||||||
12 | represent 80% of the net revenue realized from the taxes | ||||||
13 | imposed on motor fuel and gasohol. As used in this paragraph | ||||||
14 | "motor fuel" has the meaning given to that term in Section 1.1 | ||||||
15 | of the Motor Fuel Tax Act, and "gasohol" has the meaning given | ||||||
16 | to that term in Section 3-40 of the Use Tax Act. | ||||||
17 | Of the remainder of the moneys received by the Department | ||||||
18 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
19 | Treasury and 25% shall
be reserved in a special account and | ||||||
20 | used only for the transfer to the
Common School Fund as part of | ||||||
21 | the monthly transfer from the General Revenue
Fund in | ||||||
22 | accordance with Section 8a of the State Finance Act. | ||||||
23 | The Department may, upon separate written notice to a | ||||||
24 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
25 | Department on a form
prescribed by the Department within not | ||||||
26 | less than 60 days after receipt
of the notice an annual |
| |||||||
| |||||||
1 | information return for the tax year specified in
the notice. | ||||||
2 | Such annual return to the Department shall include a
statement | ||||||
3 | of gross receipts as shown by the retailer's last Federal | ||||||
4 | income
tax return. If the total receipts of the business as | ||||||
5 | reported in the
Federal income tax return do not agree with the | ||||||
6 | gross receipts reported to
the Department of Revenue for the | ||||||
7 | same period, the retailer shall attach
to his annual return a | ||||||
8 | schedule showing a reconciliation of the 2
amounts and the | ||||||
9 | reasons for the difference. The retailer's annual
return to | ||||||
10 | the Department shall also disclose the cost of goods sold by
| ||||||
11 | the retailer during the year covered by such return, opening | ||||||
12 | and closing
inventories of such goods for such year, costs of | ||||||
13 | goods used from stock
or taken from stock and given away by the | ||||||
14 | retailer during such year,
payroll information of the | ||||||
15 | retailer's business during such year and any
additional | ||||||
16 | reasonable information which the Department deems would be
| ||||||
17 | helpful in determining the accuracy of the monthly, quarterly | ||||||
18 | or annual
returns filed by such retailer as provided for in | ||||||
19 | this Section. | ||||||
20 | If the annual information return required by this Section | ||||||
21 | is not
filed when and as required, the taxpayer shall be liable | ||||||
22 | as follows: | ||||||
23 | (i) Until January 1, 1994, the taxpayer shall be | ||||||
24 | liable
for a penalty equal to 1/6 of 1% of the tax due from | ||||||
25 | such taxpayer under
this Act during the period to be | ||||||
26 | covered by the annual return for each
month or fraction of |
| |||||||
| |||||||
1 | a month until such return is filed as required, the
| ||||||
2 | penalty to be assessed and collected in the same manner as | ||||||
3 | any other
penalty provided for in this Act. | ||||||
4 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
5 | be
liable for a penalty as described in Section 3-4 of the | ||||||
6 | Uniform Penalty and
Interest Act. | ||||||
7 | The chief executive officer, proprietor, owner or highest | ||||||
8 | ranking
manager shall sign the annual return to certify the | ||||||
9 | accuracy of the
information contained therein. Any person who | ||||||
10 | willfully signs the
annual return containing false or | ||||||
11 | inaccurate information shall be guilty
of perjury and punished | ||||||
12 | accordingly. The annual return form prescribed
by the | ||||||
13 | Department shall include a warning that the person signing the
| ||||||
14 | return may be liable for perjury. | ||||||
15 | The provisions of this Section concerning the filing of an | ||||||
16 | annual
information return do not apply to a retailer who is not | ||||||
17 | required to
file an income tax return with the United States | ||||||
18 | Government. | ||||||
19 | As soon as possible after the first day of each month, upon | ||||||
20 | certification
of the Department of Revenue, the Comptroller | ||||||
21 | shall order transferred and
the Treasurer shall transfer from | ||||||
22 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
23 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
24 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
25 | transfer is no longer required
and shall not be made. | ||||||
26 | Net revenue realized for a month shall be the revenue |
| |||||||
| |||||||
1 | collected by the
State pursuant to this Act, less the amount | ||||||
2 | paid out during that month as
refunds to taxpayers for | ||||||
3 | overpayment of liability. | ||||||
4 | For greater simplicity of administration, manufacturers, | ||||||
5 | importers
and wholesalers whose products are sold at retail in | ||||||
6 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
7 | assume the responsibility
for accounting and paying to the | ||||||
8 | Department all tax accruing under this
Act with respect to | ||||||
9 | such sales, if the retailers who are affected do not
make | ||||||
10 | written objection to the Department to this arrangement. | ||||||
11 | Any person who promotes, organizes, provides retail | ||||||
12 | selling space for
concessionaires or other types of sellers at | ||||||
13 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
14 | local fairs, art shows, flea markets and similar
exhibitions | ||||||
15 | or events, including any transient merchant as defined by | ||||||
16 | Section 2
of the Transient Merchant Act of 1987, is required to | ||||||
17 | file a report with the
Department providing the name of the | ||||||
18 | merchant's business, the name of the
person or persons engaged | ||||||
19 | in merchant's business, the permanent address and
Illinois | ||||||
20 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
21 | the
dates and location of the event and other reasonable | ||||||
22 | information that the
Department may require. The report must | ||||||
23 | be filed not later than the 20th day
of the month next | ||||||
24 | following the month during which the event with retail sales
| ||||||
25 | was held. Any person who fails to file a report required by | ||||||
26 | this Section
commits a business offense and is subject to a |
| |||||||
| |||||||
1 | fine not to exceed $250. | ||||||
2 | Any person engaged in the business of selling tangible | ||||||
3 | personal
property at retail as a concessionaire or other type | ||||||
4 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
5 | flea markets and similar
exhibitions or events, or any | ||||||
6 | transient merchants, as defined by Section 2
of the Transient | ||||||
7 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
8 | the amount of such sales to the Department and to make a daily | ||||||
9 | payment of
the full amount of tax due. The Department shall | ||||||
10 | impose this
requirement when it finds that there is a | ||||||
11 | significant risk of loss of
revenue to the State at such an | ||||||
12 | exhibition or event. Such a finding
shall be based on evidence | ||||||
13 | that a substantial number of concessionaires
or other sellers | ||||||
14 | who are not residents of Illinois will be engaging in
the | ||||||
15 | business of selling tangible personal property at retail at | ||||||
16 | the
exhibition or event, or other evidence of a significant | ||||||
17 | risk of loss of revenue
to the State. The Department shall | ||||||
18 | notify concessionaires and other sellers
affected by the | ||||||
19 | imposition of this requirement. In the absence of
notification | ||||||
20 | by the Department, the concessionaires and other sellers
shall | ||||||
21 | file their returns as otherwise required in this Section. | ||||||
22 | (Source: P.A. 100-303, eff. 8-24-17; 100-363, eff. 7-1-18; | ||||||
23 | 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, Article | ||||||
24 | 15, Section 15-25, eff. 6-5-19; 101-10, Article 25, Section | ||||||
25 | 25-120, eff. 6-5-19; 101-27, eff. 6-25-19; 101-32, eff. | ||||||
26 | 6-28-19; 101-604, eff. 12-13-19; 101-636, eff. 6-10-20.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|