HB3660 101ST GENERAL ASSEMBLY

LRB101 10595 HLH 55701 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3660

Introduced , by Rep. Robert Martwick

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-1001

from Ch. 95 1/2, par. 3-1001

Amends the Illinois Vehicle Code. Increases the use tax rate for private sales of motor vehicles valued at $30,000 or more from a flat rate of $1,500 to the following rates: $2,000 for a vehicle valued from $30,000 to $49,999; $2,500 for a vehicle valued from $50,000 to $99,999; $5,000 for a vehicle valued from $100,000 to $999,999; and $10,000 for a vehicle valued at $1,000,000 or more. Provides that the same motorcycles, motor driven cycles, and mopeds are subject to the same rates as other motor vehicles (currently a flat rate of $25 is imposed regardless of value). Effective January 1, 2020.

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 3-1001 as follows:

(625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)

Sec. 3-1001. A tax is hereby imposed on the privilege of using, in this State, any motor vehicle as defined in Section 1-146 of this Code acquired by gift, transfer, or purchase, and having a year model designation preceding the year of application for title by 5 or fewer years prior to October 1, 1985 and 10 or fewer years on and after October 1, 1985 and prior to January 1, 1988. On and after January 1, 1988, the tax shall apply to all motor vehicles without regard to model year. Except that the tax shall not apply

(i) if the use of the motor vehicle is otherwise taxed under the Use Tax Act;

(ii) if the motor vehicle is bought and used by a governmental agency or a society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes;

(iii) if the use of the motor vehicle is not subject to the Use Tax Act by reason of subsection (a), (b), (c), (d), (e) or (f) of Section 3-55 of that Act dealing with the prevention of actual or likely multistate taxation;

(iv) to implements of husbandry;

(v) when a junking certificate is issued pursuant to Section 3-117(a) of this Code;

(vi) when a vehicle is subject to the replacement vehicle tax imposed by Section 3-2001 of this Act;

(vii) when the transfer is a gift to a beneficiary in the administration of an estate and the beneficiary is a surviving spouse.

Prior to January 1, 1988, the rate of tax shall be 5% of the selling price for each purchase of a motor vehicle covered by Section 3-1001 of this Code. Except as hereinafter provided, beginning January 1, 1988, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is less than $15,000:

Except as hereinafter provided, beginning January 1, 1988 and through December 31, 2019, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is $15,000 or more:

Except as hereinafter provided, beginning January 1, 2020, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is $15,000 or more: For the following transactions, the tax rate shall be $15 for each motor vehicle acquired in such transaction:

(i) when the transferee or purchaser is the spouse, mother, father, brother, sister or child of the transferor;

(ii) when the transfer is a gift to a beneficiary in the administration of an estate and the beneficiary is not a surviving spouse;

(iii) when a motor vehicle which has once been subjected to the Illinois retailers' occupation tax or use tax is transferred in connection with the organization, reorganization, dissolution or partial liquidation of an incorporated or unincorporated business wherein the beneficial ownership is not changed.

A claim that the transaction is taxable under subparagraph (i) shall be supported by such proof of family relationship as provided by rules of the Department.

Until January 1, 2020, for For a transaction in which a motorcycle, motor driven cycle or moped is acquired the tax rate shall be $25. For transactions on or after January 1, 2020, the tax rate for motorcycles, motor driven cycles, and mopeds shall be the same as for all other motor vehicles.

On and after October 1, 1985, 1/12 of $5,000,000 of the moneys received by the Department of Revenue pursuant to this Section shall be paid each month into the Build Illinois Fund and the remainder into the General Revenue Fund.

The tax imposed by this Section shall be abated and no longer imposed when the amount deposited to secure the bonds issued pursuant to the Build Illinois Bond Act is sufficient to provide for the payment of the principal of, and interest and premium, if any, on the bonds, as certified to the State Comptroller and the Director of Revenue by the Director of the Governor's Office of Management and Budget.

(Source: P.A. 96-554, eff. 1-1-10.)

Section 99. Effective date. This Act takes effect January 1, 2020.