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Public Act 102-0920 |
HB4132 Enrolled | LRB102 19570 HLH 28338 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Parking Excise Tax Act is amended by |
changing Section 10-20 as follows: |
(35 ILCS 525/10-20)
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Sec. 10-20. Exemptions. The tax imposed by this Act shall |
not apply to: |
(1) Parking parking in a parking area or garage |
operated by the federal government or its |
instrumentalities that has been issued an active tax |
exemption number by the Department under Section 1g of the |
Retailers' Occupation Tax Act; for this exemption to |
apply, the parking area or garage must be operated by the |
federal government or its instrumentalities; the exemption |
under this paragraph (1) does not apply if the parking |
area or garage is operated by a third party, whether under |
a lease or other contractual arrangement, or any other |
manner whatsoever . ; |
(2) Residential residential off-street parking for |
home or apartment tenants or condominium occupants, if the |
arrangement for such parking is provided in the home or |
apartment lease or in a separate writing between the |
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landlord and tenant, or in a condominium agreement between |
the condominium association and the owner, occupant, or |
guest of a unit, whether the parking charge is payable to |
the landlord, condominium association, or to the operator |
of the parking spaces . ; |
(3) Parking parking by hospital employees in a parking |
space that is owned and operated by the hospital for which |
they work . ; and |
(4) Parking parking in a parking area or garage where |
3 or fewer motor vehicles are stored, housed, or parked |
for hire, charge, fee or other valuable consideration, if |
the operator of the parking area or garage does not act as |
the operator of more than a total of 3 parking spaces |
located in the State; if any operator of parking areas or |
garages, including any facilitator or aggregator, acts as |
an operator of more than 3 parking spaces in total that are |
located in the State, then this exemption shall not apply |
to any of those spaces.
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(5) For the duration of the Illinois State Fair or the |
DuQuoin State Fair, parking in a parking area or garage |
operated for the use of attendees, vendors, or employees |
of the State Fair and not otherwise subject to taxation |
under this Act in the ordinary course of business. |
(6) Parking in a parking area or garage operated by |
the State, a State university created by statute, or a |
unit of local government that has been issued an active |
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tax exemption number by the Department under Section 1g of |
the Retailers' Occupation Tax Act; the parking area or |
garage must be operated by the State, State university, or |
unit of local government; the exemption under this |
paragraph does not apply if the parking area or garage is |
operated by a third party, whether under a lease or other |
contractual arrangement, or held in any other manner, |
unless the parking area or garage is exempt under |
paragraph (5). |
(7) Parking in a parking area or garage owned and |
operated by a person engaged in the business of renting |
real estate if the parking area or garage is used by the |
lessee to park motor vehicles, recreational vehicles, or |
self-propelled vehicles for the lessee's own use and not |
for the purpose of subleasing parking spaces for |
consideration. |
(8) The purchase of a parking space by the State, a |
State university created by statute, or a unit of local |
government that has been issued an active tax exemption |
number by the Department under Section 1g of the |
Retailers' Occupation Tax Act, for use by employees of the |
State, State university, or unit of local government, |
provided that the purchase price is paid directly by the |
governmental entity. |
(9) Parking in a parking space leased to a |
governmental entity that is exempt pursuant to (1) or (6) |
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when the exempt entity rents or leases the parking spaces |
in the parking area or garage to the public; the purchase |
price must be paid by the governmental entity; the exempt |
governmental entity is exempt from collecting tax subject |
to the provisions of (1) or (6), as applicable, when |
renting or leasing the parking spaces to the public. |
(Source: P.A. 101-31, eff. 6-28-19.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |