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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2120 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: | | 20 ILCS 1305/1-55 new | | 30 ILCS 105/6z-134 | | 35 ILCS 630/2 | from Ch. 120, par. 2002 | 35 ILCS 630/3 | from Ch. 120, par. 2003 | 35 ILCS 630/4 | from Ch. 120, par. 2004 | 35 ILCS 630/6 | from Ch. 120, par. 2006 |
| Amends the Department of Human Services Act. Provides that the Department of Human Services is authorized to implement and administer the 9-8-8 National Suicide Prevention Lifeline system in compliance with the National Suicide Hotline Designation Act of 2020, the Federal Communication Commission's rules adopted to administer the National Suicide Hotline Designation Act of 2020, and national guidelines for crisis care. Amends the State Finance Act. In provisions concerning the Statewide 9-8-8 Trust Fund, provides that the Fund is administered by the Department of Human Services. Defines "statewide 9-8-8 suicide prevention and mental health crisis system". Amends the Telecommunications Excise Tax Act. Increases the rate of tax on interstate and intrastate telecommunications from 7% to 8.65%. Provides that the 1.65% increase in the rate shall be designated as the "statewide 9-8-8 surcharge" and is established to support and enhance the 9-8-8 Suicide and Crisis Lifeline in compliance with the National Suicide Hotline Designation Act of 2020. Sets forth the distribution of proceeds from the tax imposed under the Act. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning revenue. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Department of Human Services Act is amended |
| 5 | | by adding Section 1-55 as follows: |
| 6 | | (20 ILCS 1305/1-55 new) |
| 7 | | Sec. 1-55. 9-8-8 National Suicide Prevention Lifeline |
| 8 | | System and Statewide 9-8-8 Trust Fund. |
| 9 | | (a) The Department of Human Services is authorized to |
| 10 | | implement and administer the 9-8-8 National Suicide Prevention |
| 11 | | Lifeline system in compliance with the National Suicide |
| 12 | | Hotline Designation Act of 2020 as codified in 47 U.S.C. 251 |
| 13 | | and 251a and any subsequent amendments, the Federal |
| 14 | | Communication Commission's rules adopted to administer the |
| 15 | | National Suicide Hotline Designation Act of 2020 and any |
| 16 | | subsequent amendments, and national guidelines for crisis |
| 17 | | care. |
| 18 | | (b) The Department is authorized to collaborate with other |
| 19 | | State agencies and stakeholders to implement and administer |
| 20 | | the 9-8-8 National Suicide Prevention Lifeline system. |
| 21 | | (c) The Department is authorized to administer the |
| 22 | | Statewide 9-8-8 Trust Fund pursuant to Section 6z-134 of the |
| 23 | | State Finance Act. |
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| 1 | | Section 10. The State Finance Act is amended by changing |
| 2 | | Section 6z-134 as follows: |
| 3 | | (30 ILCS 105/6z-134) |
| 4 | | Sec. 6z-134. Statewide 9-8-8 Trust Fund. |
| 5 | | (a) The Statewide 9-8-8 Trust Fund is created as a special |
| 6 | | fund in the State treasury. This Fund is administered by the |
| 7 | | Department of Human Services. Moneys in the Fund shall be used |
| 8 | | by the Department of Human Services for the purposes of |
| 9 | | establishing and maintaining a statewide 9-8-8 suicide |
| 10 | | prevention and mental health crisis system pursuant to the |
| 11 | | National Suicide Hotline Designation Act of 2020 as codified |
| 12 | | in 47 U.S.C. 251 and 251a and any subsequent amendments, the |
| 13 | | Federal Communication Commission's rules adopted to administer |
| 14 | | the National Suicide Hotline Designation Act of 2020 as |
| 15 | | codified in 47 U.S.C. 251 and 251a and any subsequent |
| 16 | | amendments on July 16, 2020, and national guidelines for |
| 17 | | crisis care. The Fund shall consist of: |
| 18 | | (1) appropriations by the General Assembly; |
| 19 | | (2) grants and gifts intended for deposit in the Fund; |
| 20 | | (3) interest, premiums, gains, or other earnings on |
| 21 | | the Fund; |
| 22 | | (3.1) proceeds from the statewide 9-8-8 surcharge |
| 23 | | imposed under Sections 3 and 4 of the Telecommunication |
| 24 | | Excise Tax Act; and |
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| 1 | | (4) moneys received from any other source that are |
| 2 | | deposited in or transferred into the Fund. |
| 3 | | (b) Moneys in the Fund: |
| 4 | | (1) do not revert at the end of any State fiscal year |
| 5 | | but remain available for the purposes of the Fund in |
| 6 | | subsequent State fiscal years; and |
| 7 | | (2) are not subject to transfer to any other Fund or to |
| 8 | | transfer, assignment, or reassignment for any other use or |
| 9 | | purpose outside of those specified in this Section; and . |
| 10 | | (3) shall be used by the Department of Human Services |
| 11 | | to pay expenses pursuant to 47 U.S.C. 251a. |
| 12 | | (c) An annual report of Fund deposits and expenditures |
| 13 | | shall be made to the General Assembly and the Federal |
| 14 | | Communications Commission by the Department of Human Services |
| 15 | | pursuant to 47 U.S.C. 251a. |
| 16 | | (d) (Blank). |
| 17 | | (e) For the purposes of this Section, "statewide 9-8-8 |
| 18 | | suicide prevention and mental health crisis system" means the |
| 19 | | core elements or pillars of the crisis system, as described by |
| 20 | | the Substance Abuse and Mental Health Services Administration, |
| 21 | | and includes Illinois' 9-8-8 Lifeline Contact Centers, |
| 22 | | community crisis response services, including mobile crisis |
| 23 | | teams, and crisis receiving and stabilization facilities and |
| 24 | | programs, including Living Room Programs. |
| 25 | | (Source: P.A. 102-699, eff. 4-19-22; 102-1115, eff. 1-9-23.) |
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| 1 | | Section 15. The Telecommunications Excise Tax Act is |
| 2 | | amended by changing Sections 2, 3, 4, and 6 as follows: |
| 3 | | (35 ILCS 630/2) (from Ch. 120, par. 2002) |
| 4 | | Sec. 2. As used in this Article, unless the context |
| 5 | | clearly requires otherwise: |
| 6 | | (a) "Gross charge" means the amount paid for the act or |
| 7 | | privilege of originating or receiving telecommunications in |
| 8 | | this State and for all services and equipment provided in |
| 9 | | connection therewith by a retailer, valued in money whether |
| 10 | | paid in money or otherwise, including cash, credits, services, |
| 11 | | and property of every kind or nature, and shall be determined |
| 12 | | without any deduction on account of the cost of such |
| 13 | | telecommunications, the cost of materials used, labor or |
| 14 | | service costs, or any other expense whatsoever. In case credit |
| 15 | | is extended, the amount thereof shall be included only as and |
| 16 | | when paid. "Gross charges" for private line service shall |
| 17 | | include charges imposed at each channel termination point |
| 18 | | within this State, charges for the channel mileage between |
| 19 | | each channel termination point within this State, and charges |
| 20 | | for that portion of the interstate inter-office channel |
| 21 | | provided within Illinois. Charges for that portion of the |
| 22 | | interstate inter-office channel provided in Illinois shall be |
| 23 | | determined by the retailer as follows: (i) for interstate |
| 24 | | inter-office channels having 2 channel termination points, |
| 25 | | only one of which is in Illinois, 50% of the total charge |
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| 1 | | imposed; or (ii) for interstate inter-office channels having |
| 2 | | more than 2 channel termination points, one or more of which |
| 3 | | are in Illinois, an amount equal to the total charge |
| 4 | | multiplied by a fraction, the numerator of which is the number |
| 5 | | of channel termination points within Illinois and the |
| 6 | | denominator of which is the total number of channel |
| 7 | | termination points. Prior to January 1, 2004, any method |
| 8 | | consistent with this paragraph or other method that reasonably |
| 9 | | apportions the total charges for interstate inter-office |
| 10 | | channels among the states in which channel terminations points |
| 11 | | are located shall be accepted as a reasonable method to |
| 12 | | determine the charges for that portion of the interstate |
| 13 | | inter-office channel provided within Illinois for that period. |
| 14 | | However, "gross charges" shall not include any of the |
| 15 | | following: |
| 16 | | (1) Any amounts added to a purchaser's bill because of |
| 17 | | a charge made pursuant to (i) the tax imposed by this |
| 18 | | Article; (ii) charges added to customers' bills pursuant |
| 19 | | to the provisions of Section Sections 9-221 or 9-222 of |
| 20 | | the Public Utilities Act, as amended, or any similar |
| 21 | | charges added to customers' bills by retailers who are not |
| 22 | | subject to rate regulation by the Illinois Commerce |
| 23 | | Commission for the purpose of recovering any of the tax |
| 24 | | liabilities or other amounts specified in such provisions |
| 25 | | of such Act; (iii) the tax imposed by Section 4251 of the |
| 26 | | Internal Revenue Code; (iv) 911 surcharges; or (v) the tax |
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| 1 | | imposed by the Simplified Municipal Telecommunications Tax |
| 2 | | Act. |
| 3 | | (2) Charges for a sent collect telecommunication |
| 4 | | received outside of the State. |
| 5 | | (3) Charges for leased time on equipment or charges |
| 6 | | for the storage of data or information for subsequent |
| 7 | | retrieval or the processing of data or information |
| 8 | | intended to change its form or content. Such equipment |
| 9 | | includes, but is not limited to, the use of calculators, |
| 10 | | computers, data processing equipment, tabulating |
| 11 | | equipment, or accounting equipment and also includes the |
| 12 | | usage of computers under a time-sharing agreement. |
| 13 | | (4) Charges for customer equipment, including such |
| 14 | | equipment that is leased or rented by the customer from |
| 15 | | any source, wherein such charges are disaggregated and |
| 16 | | separately identified from other charges. |
| 17 | | (5) Charges to business enterprises certified under |
| 18 | | Section 9-222.1 of the Public Utilities Act, as amended, |
| 19 | | or under Section 95 of the Reimagining Energy and Vehicles |
| 20 | | in Illinois Act, to the extent of such exemption and |
| 21 | | during the period of time specified by the Department of |
| 22 | | Commerce and Economic Opportunity. |
| 23 | | (5.1) Charges to business enterprises certified under |
| 24 | | the Manufacturing Illinois Chips for Real Opportunity |
| 25 | | (MICRO) Act, to the extent of the exemption and during the |
| 26 | | period of time specified by the Department of Commerce and |
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| 1 | | Economic Opportunity. |
| 2 | | (5.2) Charges to entities certified under Section |
| 3 | | 605-1115 of the Department of Commerce and Economic |
| 4 | | Opportunity Law of the Civil Administrative Code of |
| 5 | | Illinois to the extent of the exemption and during the |
| 6 | | period of time specified by the Department of Commerce and |
| 7 | | Economic Opportunity. |
| 8 | | (6) Charges for telecommunications and all services |
| 9 | | and equipment provided in connection therewith between a |
| 10 | | parent corporation and its wholly owned subsidiaries or |
| 11 | | between wholly owned subsidiaries when the tax imposed |
| 12 | | under this Article has already been paid to a retailer and |
| 13 | | only to the extent that the charges between the parent |
| 14 | | corporation and wholly owned subsidiaries or between |
| 15 | | wholly owned subsidiaries represent expense allocation |
| 16 | | between the corporations and not the generation of profit |
| 17 | | for the corporation rendering such service. |
| 18 | | (7) Bad debts. Bad debt means any portion of a debt |
| 19 | | that is related to a sale at retail for which gross charges |
| 20 | | are not otherwise deductible or excludable that has become |
| 21 | | worthless or uncollectable, as determined under applicable |
| 22 | | federal income tax standards. If the portion of the debt |
| 23 | | deemed to be bad is subsequently paid, the retailer shall |
| 24 | | report and pay the tax on that portion during the |
| 25 | | reporting period in which the payment is made. |
| 26 | | (8) Charges paid by inserting coins in coin-operated |
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| 1 | | telecommunication devices. |
| 2 | | (9) Amounts paid by telecommunications retailers under |
| 3 | | the Telecommunications Municipal Infrastructure |
| 4 | | Maintenance Fee Act. |
| 5 | | (10) Charges for nontaxable services or |
| 6 | | telecommunications if (i) those charges are aggregated |
| 7 | | with other charges for telecommunications that are |
| 8 | | taxable, (ii) those charges are not separately stated on |
| 9 | | the customer bill or invoice, and (iii) the retailer can |
| 10 | | reasonably identify the nontaxable charges on the |
| 11 | | retailer's books and records kept in the regular course of |
| 12 | | business. If the nontaxable charges cannot reasonably be |
| 13 | | identified, the gross charge from the sale of both taxable |
| 14 | | and nontaxable services or telecommunications billed on a |
| 15 | | combined basis shall be attributed to the taxable services |
| 16 | | or telecommunications. The burden of proving nontaxable |
| 17 | | charges shall be on the retailer of the |
| 18 | | telecommunications. |
| 19 | | (b) "Amount paid" means the amount charged to the |
| 20 | | taxpayer's service address in this State regardless of where |
| 21 | | such amount is billed or paid. |
| 22 | | (c) "Telecommunications", in addition to the meaning |
| 23 | | ordinarily and popularly ascribed to it, includes, without |
| 24 | | limitation, messages or information transmitted through use of |
| 25 | | local, toll, and wide area telephone service; private line |
| 26 | | services; channel services; telegraph services; |
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| 1 | | teletypewriter; computer exchange services; cellular mobile |
| 2 | | telecommunications service; specialized mobile radio; |
| 3 | | stationary 2-way two way radio; paging service; or any other |
| 4 | | form of mobile and portable one-way or 2-way two-way |
| 5 | | communications; or any other transmission of messages or |
| 6 | | information by electronic or similar means, between or among |
| 7 | | points by wire, cable, fiber optics fiber-optics, laser, |
| 8 | | microwave, radio, satellite, or similar facilities. As used in |
| 9 | | this Act, "private line" means a dedicated non-traffic |
| 10 | | sensitive service for a single customer, that entitles the |
| 11 | | customer to exclusive or priority use of a communications |
| 12 | | channel or group of channels, from one or more specified |
| 13 | | locations to one or more other specified locations. The |
| 14 | | definition of "telecommunications" shall not include value |
| 15 | | added services in which computer processing applications are |
| 16 | | used to act on the form, content, code, and protocol of the |
| 17 | | information for purposes other than transmission. |
| 18 | | "Telecommunications" shall not include purchases of |
| 19 | | telecommunications by a telecommunications service provider |
| 20 | | for use as a component part of the service provided by him to |
| 21 | | the ultimate retail consumer who originates or terminates the |
| 22 | | taxable end-to-end communications. Carrier access charges, |
| 23 | | right of access charges, charges for use of inter-company |
| 24 | | facilities, and all telecommunications resold in the |
| 25 | | subsequent provision of, used as a component of, or integrated |
| 26 | | into end-to-end telecommunications service shall be |
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| 1 | | non-taxable as sales for resale. |
| 2 | | (d) "Interstate telecommunications" means all |
| 3 | | telecommunications that either originate or terminate outside |
| 4 | | this State. |
| 5 | | (e) "Intrastate telecommunications" means all |
| 6 | | telecommunications that originate and terminate within this |
| 7 | | State. |
| 8 | | (f) "Department" means the Department of Revenue of the |
| 9 | | State of Illinois. |
| 10 | | (g) "Director" means the Director of Revenue for the |
| 11 | | Department of Revenue of the State of Illinois. |
| 12 | | (h) "Taxpayer" means a person who individually or through |
| 13 | | his agents, employees, or permittees engages in the act or |
| 14 | | privilege of originating or receiving telecommunications in |
| 15 | | this State and who incurs a tax liability under this Article. |
| 16 | | (i) "Person" means any natural individual, firm, trust, |
| 17 | | estate, partnership, association, joint stock company, joint |
| 18 | | venture, corporation, limited liability company, or a |
| 19 | | receiver, trustee, guardian or other representative appointed |
| 20 | | by order of any court, the federal Federal and State |
| 21 | | governments, including State universities created by statute |
| 22 | | or any city, town, county, or other political subdivision of |
| 23 | | this State. |
| 24 | | (j) "Purchase at retail" means the acquisition, |
| 25 | | consumption, or use of telecommunication through a sale at |
| 26 | | retail. |
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| 1 | | (k) "Sale at retail" means the transmitting, supplying, or |
| 2 | | furnishing of telecommunications and all services and |
| 3 | | equipment provided in connection therewith for a consideration |
| 4 | | to persons other than the federal Federal and State |
| 5 | | governments, and State universities created by statute and |
| 6 | | other than between a parent corporation and its wholly owned |
| 7 | | subsidiaries or between wholly owned subsidiaries for their |
| 8 | | use or consumption and not for resale. |
| 9 | | (l) "Retailer" means and includes every person engaged in |
| 10 | | the business of making sales at retail as defined in this |
| 11 | | Article. The Department may, in its discretion, upon |
| 12 | | application, authorize the collection of the tax hereby |
| 13 | | imposed by any retailer not maintaining a place of business |
| 14 | | within this State, who, to the satisfaction of the Department, |
| 15 | | furnishes adequate security to insure collection and payment |
| 16 | | of the tax. Such retailer shall be issued, without charge, a |
| 17 | | permit to collect such tax. When so authorized, it shall be the |
| 18 | | duty of such retailer to collect the tax upon all of the gross |
| 19 | | charges for telecommunications in this State in the same |
| 20 | | manner and subject to the same requirements as a retailer |
| 21 | | maintaining a place of business within this State. The permit |
| 22 | | may be revoked by the Department at its discretion. |
| 23 | | (m) "Retailer maintaining a place of business in this |
| 24 | | State", or any like term, means and includes any retailer |
| 25 | | having or maintaining within this State, directly or by a |
| 26 | | subsidiary, an office, distribution facilities, transmission |
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| 1 | | facilities, sales office, warehouse or other place of |
| 2 | | business, or any agent or other representative operating |
| 3 | | within this State under the authority of the retailer or its |
| 4 | | subsidiary, irrespective of whether such place of business or |
| 5 | | agent or other representative is located here permanently or |
| 6 | | temporarily, or whether such retailer or subsidiary is |
| 7 | | licensed to do business in this State. |
| 8 | | (n) "Service address" means the location of |
| 9 | | telecommunications equipment from which the telecommunications |
| 10 | | services are originated or at which telecommunications |
| 11 | | services are received by a taxpayer. In the event this may not |
| 12 | | be a defined location, as in the case of mobile phones, paging |
| 13 | | systems, maritime systems, "service address" means the |
| 14 | | customer's place of primary use as defined in the Mobile |
| 15 | | Telecommunications Sourcing Conformity Act. For air-to-ground |
| 16 | | systems and the like, "service address" shall mean the |
| 17 | | location of a taxpayer's primary use of the telecommunications |
| 18 | | equipment as defined by telephone number, authorization code, |
| 19 | | or location in Illinois where bills are sent. |
| 20 | | (o) "Prepaid telephone calling arrangements" mean the |
| 21 | | right to exclusively purchase telephone or telecommunications |
| 22 | | services that must be paid for in advance and enable the |
| 23 | | origination of one or more intrastate, interstate, or |
| 24 | | international telephone calls or other telecommunications |
| 25 | | using an access number, an authorization code, or both, |
| 26 | | whether manually or electronically dialed, for which payment |
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| 1 | | to a retailer must be made in advance, provided that, unless |
| 2 | | recharged, no further service is provided once that prepaid |
| 3 | | amount of service has been consumed. Prepaid telephone calling |
| 4 | | arrangements include the recharge of a prepaid calling |
| 5 | | arrangement. For purposes of this subsection, "recharge" means |
| 6 | | the purchase of additional prepaid telephone or |
| 7 | | telecommunications services whether or not the purchaser |
| 8 | | acquires a different access number or authorization code. |
| 9 | | "Prepaid telephone calling arrangement" does not include an |
| 10 | | arrangement whereby a customer purchases a payment card and |
| 11 | | pursuant to which the service provider reflects the amount of |
| 12 | | such purchase as a credit on an invoice issued to that customer |
| 13 | | under an existing subscription plan. |
| 14 | | (p) "9-8-8" means the universal telephone number within |
| 15 | | United States for the purpose of the national suicide |
| 16 | | prevention and mental health crisis hotline system operating |
| 17 | | through the National Suicide Prevention Lifeline maintained by |
| 18 | | the Assistant Secretary for Mental Health and Substance Use |
| 19 | | under Section 520E-3 of the Public Health Service Act (42 |
| 20 | | U.S.C. 290bb-36c) and through the Veterans Crisis Line |
| 21 | | maintained by the Secretary of Veterans Affairs under 38 |
| 22 | | U.S.C. 1720F(h). |
| 23 | | (Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22; |
| 24 | | 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; revised |
| 25 | | 10-21-24.) |
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| 1 | | (35 ILCS 630/3) (from Ch. 120, par. 2003) |
| 2 | | Sec. 3. Tax imposed; intrastate telecommunications. |
| 3 | | (a) Until December 31, 1997, a tax is imposed upon the act |
| 4 | | or privilege of originating or receiving intrastate |
| 5 | | telecommunications by a person in this State at the rate of 5% |
| 6 | | of the gross charge for such telecommunications purchased at |
| 7 | | retail from a retailer by such person. |
| 8 | | (b) Beginning January 1, 1998 and through June 30, 2025, a |
| 9 | | tax is imposed upon the act or privilege of originating in this |
| 10 | | State or receiving in this State intrastate telecommunications |
| 11 | | by a person in this State at the rate of 7% of the gross charge |
| 12 | | for such telecommunications purchased at retail from a |
| 13 | | retailer by such person. However, such tax is not imposed on |
| 14 | | the act or privilege to the extent such act or privilege may |
| 15 | | not, under the Constitution and statutes of the United States, |
| 16 | | be made the subject of taxation by the State. |
| 17 | | (c) Beginning July 1, 2025, a tax is imposed upon the act |
| 18 | | or privilege of originating in this State or receiving in this |
| 19 | | State intrastate telecommunications by a person in this State |
| 20 | | at the rate of 8.65% of the gross charge for such |
| 21 | | telecommunications purchased at retail from a retailer by that |
| 22 | | person. However, the tax is not imposed on the act or privilege |
| 23 | | to the extent the act or privilege may not, under the |
| 24 | | Constitution and statutes of the United States, be made the |
| 25 | | subject of taxation by the State. The 1.65% increase in the |
| 26 | | rate from 7% to 8.65% under this amendatory Act of the 104th |
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| 1 | | General Assembly shall be designated as the statewide 9-8-8 |
| 2 | | surcharge and is established to support and enhance the 9-8-8 |
| 3 | | Suicide and Crisis Lifeline in compliance with the National |
| 4 | | Suicide Hotline Designation Act of 2020 as codified in 47 |
| 5 | | U.S.C. 251 and 251a. |
| 6 | | (d) Beginning January 1, 2001, prepaid telephone calling |
| 7 | | arrangements shall not be considered telecommunications |
| 8 | | subject to the tax imposed under this Act. |
| 9 | | (Source: P.A. 90-548, eff. 12-4-97; 91-870, eff. 6-22-00.) |
| 10 | | (35 ILCS 630/4) (from Ch. 120, par. 2004) |
| 11 | | Sec. 4. Tax imposed; interstate telecommunications. |
| 12 | | (a) Until December 31, 1997, a tax is imposed upon the act |
| 13 | | or privilege of originating in this State or receiving in this |
| 14 | | State interstate telecommunications by a person in this State |
| 15 | | at the rate of 5% of the gross charge for such |
| 16 | | telecommunications purchased at retail from a retailer by such |
| 17 | | person. |
| 18 | | (b) Beginning January 1, 1998 and through June 30, 2025, a |
| 19 | | tax is imposed upon the act or privilege of originating in this |
| 20 | | State or receiving in this State interstate telecommunications |
| 21 | | by a person in this State at the rate of 7% of the gross charge |
| 22 | | for such telecommunications purchased at retail from a |
| 23 | | retailer by such person. To prevent actual multi-state |
| 24 | | taxation of the act or privilege that is subject to taxation |
| 25 | | under this paragraph, any taxpayer, upon proof that that |
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| 1 | | taxpayer has paid a tax in another state on such event, shall |
| 2 | | be allowed a credit against the tax imposed in this Section 4 |
| 3 | | to the extent of the amount of such tax properly due and paid |
| 4 | | in such other state. However, such tax is not imposed on the |
| 5 | | act or privilege to the extent such act or privilege may not, |
| 6 | | under the Constitution and statutes of the United States, be |
| 7 | | made the subject of taxation by the State. |
| 8 | | (c) Beginning July 1, 2025, a tax is imposed upon the act |
| 9 | | or privilege of originating in this State or receiving in this |
| 10 | | State interstate telecommunications by a person in this State |
| 11 | | at the rate of 8.65% of the gross charge for such |
| 12 | | telecommunications purchased at retail from a retailer by that |
| 13 | | person. To prevent actual multistate taxation of the act or |
| 14 | | privilege that is subject to taxation under this paragraph, |
| 15 | | any taxpayer, upon proof that the taxpayer has paid a tax in |
| 16 | | another state on the event, shall be allowed a credit against |
| 17 | | the tax imposed in this Section to the extent of the amount of |
| 18 | | such tax properly due and paid in the other state. However, |
| 19 | | such tax is not imposed on the act or privilege to the extent |
| 20 | | the act or privilege may not, under the Constitution and |
| 21 | | statutes of the United States, be made the subject of taxation |
| 22 | | by the State. The 1.65% increase in the rate from 7% to 8.65% |
| 23 | | under this amendatory Act of the 104th General Assembly shall |
| 24 | | be designated as the statewide 9-8-8 surcharge and is |
| 25 | | established to support and enhance the 9-8-8 Suicide and |
| 26 | | Crisis Lifeline in compliance with the National Suicide |
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| 1 | | Hotline Designation Act of 2020 as codified in 47 U.S.C. 251 |
| 2 | | and 251a. |
| 3 | | (d) Beginning on January 1, 2001, prepaid telephone |
| 4 | | calling arrangements shall not be considered |
| 5 | | telecommunications subject to the tax imposed under this Act. |
| 6 | | (Source: P.A. 90-548, eff. 12-4-97; 91-870, eff. 6-22-00.) |
| 7 | | (35 ILCS 630/6) (from Ch. 120, par. 2006) |
| 8 | | Sec. 6. Returns; payments; deposits. |
| 9 | | (a) Except as provided hereinafter in this Section, on or |
| 10 | | before the last day of each month, each retailer maintaining a |
| 11 | | place of business in this State shall make a return to the |
| 12 | | Department for the preceding calendar month, stating: |
| 13 | | 1. The retailer's His name; |
| 14 | | 2. The address of the his principal place of business, |
| 15 | | or the address of the principal place of business (if that |
| 16 | | is a different address) from which the retailer he engages |
| 17 | | in the business of transmitting telecommunications; |
| 18 | | 3. Total amount of gross charges billed by the |
| 19 | | retailer him during the preceding calendar month for |
| 20 | | providing telecommunications during such calendar month; |
| 21 | | 4. Total amount received by the retailer him during |
| 22 | | the preceding calendar month on credit extended; |
| 23 | | 5. Deductions allowed by law; |
| 24 | | 6. Gross charges which were billed by the retailer him |
| 25 | | during the preceding calendar month and upon the basis of |
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| 1 | | which the tax, including the surcharge, is imposed; |
| 2 | | 7. Amount of tax (computed upon Item 6); |
| 3 | | 8. Amount of the statewide 9-8-8 surcharge included in |
| 4 | | item 7. |
| 5 | | 9. 8. Such other reasonable information as the |
| 6 | | Department may require. |
| 7 | | (b) Any taxpayer required to make payments under this |
| 8 | | Section may make the payments by electronic funds transfer. |
| 9 | | The Department shall adopt rules necessary to effectuate a |
| 10 | | program of electronic funds transfer. Any taxpayer who has |
| 11 | | average monthly tax billings due to the Department under this |
| 12 | | Act and the Simplified Municipal Telecommunications Tax Act |
| 13 | | that exceed $1,000 shall make all payments by electronic funds |
| 14 | | transfer as required by rules of the Department and shall file |
| 15 | | the return required by this Section by electronic means as |
| 16 | | required by rules of the Department. |
| 17 | | (c) Types of returns and filing deadlines. If the |
| 18 | | retailer's average monthly tax billings due to the Department |
| 19 | | under this Act and the Simplified Municipal Telecommunications |
| 20 | | Tax Act do not exceed $1,000, the Department may authorize the |
| 21 | | retailer's his returns to be filed on a quarter annual basis, |
| 22 | | with the return for January, February and March of a given year |
| 23 | | being due by April 30 of such year; with the return for April, |
| 24 | | May and June of a given year being due by July 31st of such |
| 25 | | year; with the return for July, August and September of a given |
| 26 | | year being due by October 31st of such year; and with the |
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| 1 | | return of October, November and December of a given year being |
| 2 | | due by January 31st of the following year. |
| 3 | | If the retailer is otherwise required to file a monthly or |
| 4 | | quarterly return and if the retailer's average monthly tax |
| 5 | | billings due to the Department under this Act and the |
| 6 | | Simplified Municipal Telecommunications Tax Act do not exceed |
| 7 | | $400, the Department may authorize the retailer's his or her |
| 8 | | return to be filed on an annual basis, with the return for a |
| 9 | | given year being due by January 31st of the following year. |
| 10 | | Notwithstanding any other provision of this Article |
| 11 | | containing the time within which a retailer may file a his |
| 12 | | return, in the case of any retailer who ceases to engage in a |
| 13 | | kind of business which makes the retailer him responsible for |
| 14 | | filing returns under this Article, such retailer shall file a |
| 15 | | final return under this Article with the Department not more |
| 16 | | than one month after discontinuing such business. |
| 17 | | In making such return, the retailer shall determine the |
| 18 | | value of any consideration other than money received by the |
| 19 | | retailer him and he shall include such value in the his return. |
| 20 | | Such determination shall be subject to review and revision by |
| 21 | | the Department in the manner hereinafter provided for the |
| 22 | | correction of returns. |
| 23 | | (d) Payment and discount. Each retailer whose average |
| 24 | | monthly liability to the Department under this Article and the |
| 25 | | Simplified Municipal Telecommunications Tax Act was $25,000 or |
| 26 | | more during the preceding calendar year, excluding the month |
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| 1 | | of highest liability and the month of lowest liability in such |
| 2 | | calendar year, and who is not operated by a unit of local |
| 3 | | government, shall make estimated payments to the Department on |
| 4 | | or before the 7th, 15th, 22nd and last day of the month during |
| 5 | | which tax collection liability to the Department is incurred |
| 6 | | in an amount not less than the lower of either 22.5% of the |
| 7 | | retailer's actual tax collections for the month or 25% of the |
| 8 | | retailer's actual tax collections for the same calendar month |
| 9 | | of the preceding year. The amount of such quarter monthly |
| 10 | | payments shall be credited against the final liability of the |
| 11 | | retailer's return for that month. Any outstanding credit, |
| 12 | | approved by the Department, arising from the retailer's |
| 13 | | overpayment of its final liability for any month may be |
| 14 | | applied to reduce the amount of any subsequent quarter monthly |
| 15 | | payment or credited against the final liability of the |
| 16 | | retailer's return for any subsequent month. If any quarter |
| 17 | | monthly payment is not paid at the time or in the amount |
| 18 | | required by this Section, the retailer shall be liable for |
| 19 | | penalty and interest on the difference between the minimum |
| 20 | | amount due as a payment and the amount of such payment actually |
| 21 | | and timely paid, except insofar as the retailer has previously |
| 22 | | made payments for that month to the Department in excess of the |
| 23 | | minimum payments previously due. |
| 24 | | The retailer making the return herein provided for shall, |
| 25 | | at the time of making such return, pay to the Department the |
| 26 | | amount of tax herein imposed, less a discount of 1% which is |
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| 1 | | allowed to reimburse the retailer for the expenses incurred in |
| 2 | | keeping records, billing the customer, preparing and filing |
| 3 | | returns, remitting the tax, and supplying data to the |
| 4 | | Department upon request. No discount may be claimed by a |
| 5 | | retailer on returns not timely filed and for taxes not timely |
| 6 | | remitted. |
| 7 | | If any payment provided for in this Section exceeds the |
| 8 | | retailer's liabilities under this Act, as shown on an original |
| 9 | | return, the Department may authorize the retailer to credit |
| 10 | | such excess payment against liability subsequently to be |
| 11 | | remitted to the Department under this Act, in accordance with |
| 12 | | reasonable rules adopted by the Department. If the Department |
| 13 | | subsequently determines that all or any part of the credit |
| 14 | | taken was not actually due to the retailer, the retailer's |
| 15 | | discount shall be reduced by an amount equal to the difference |
| 16 | | between the discount as applied to the credit taken and that |
| 17 | | actually due, and that retailer shall be liable for penalties |
| 18 | | and interest on such difference. |
| 19 | | (e) Deposits. |
| 20 | | (1) On and after the effective date of this Article of |
| 21 | | 1985 and through June 30, 2025, of the moneys received by |
| 22 | | the Department of Revenue pursuant to this Article, other |
| 23 | | than moneys received pursuant to the additional taxes |
| 24 | | imposed by Public Act 90-548: |
| 25 | | (A) (1) $1,000,000 shall be paid each month into |
| 26 | | the Common School Fund; |
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| 1 | | (B) (2) beginning on the first day of the first |
| 2 | | calendar month to occur on or after the effective date |
| 3 | | of this amendatory Act of the 98th General Assembly, |
| 4 | | an amount equal to 1/12 of 5% of the cash receipts |
| 5 | | collected during the preceding fiscal year by the |
| 6 | | Audit Bureau of the Department from the tax under this |
| 7 | | Act and the Simplified Municipal Telecommunications |
| 8 | | Tax Act shall be paid each month into the Tax |
| 9 | | Compliance and Administration Fund; those moneys shall |
| 10 | | be used, subject to appropriation, to fund additional |
| 11 | | auditors and compliance personnel at the Department of |
| 12 | | Revenue; and |
| 13 | | (C) (3) the remainder shall be deposited into the |
| 14 | | General Revenue Fund. |
| 15 | | (2) On and after February 1, 1998 and through June 30, |
| 16 | | 2025, however, of the moneys received by the Department of |
| 17 | | Revenue pursuant to the additional taxes imposed by Public |
| 18 | | Act 90-548, one-half shall be deposited into the School |
| 19 | | Infrastructure Fund and one-half shall be deposited into |
| 20 | | the Common School Fund. On and after the effective date of |
| 21 | | this amendatory Act of the 91st General Assembly, if in |
| 22 | | any fiscal year the total of the moneys deposited into the |
| 23 | | School Infrastructure Fund under this Act is less than the |
| 24 | | total of the moneys deposited into that Fund from the |
| 25 | | additional taxes imposed by Public Act 90-548 during |
| 26 | | fiscal year 1999, then, as soon as possible after the |
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| 1 | | close of the fiscal year, the Comptroller shall order |
| 2 | | transferred and the Treasurer shall transfer from the |
| 3 | | General Revenue Fund to the School Infrastructure Fund an |
| 4 | | amount equal to the difference between the fiscal year |
| 5 | | total deposits and the total amount deposited into the |
| 6 | | Fund in fiscal year 1999. |
| 7 | | (3) Beginning August 1, 2025, moneys collected under |
| 8 | | this Act by the Department shall be deposited as follows: |
| 9 | | (A) 57.7% into the General Revenue Fund, other |
| 10 | | than: |
| 11 | | (i) $1,000,000 shall be paid each month into |
| 12 | | the Common School Fund; and |
| 13 | | (ii) an amount equal to 1/12 of 5% of the cash |
| 14 | | receipts collected during the preceding fiscal |
| 15 | | year by the Audit Bureau of the Department from |
| 16 | | the tax under this Act and the Simplified |
| 17 | | Municipal Telecommunications Tax Act shall be paid |
| 18 | | each month into the Tax Compliance and |
| 19 | | Administration Fund; those moneys shall be used, |
| 20 | | subject to appropriation, to fund additional |
| 21 | | auditors and compliance personnel at the |
| 22 | | Department of Revenue; |
| 23 | | (B) 11.6% into the Common School Fund; |
| 24 | | (C) 11.6% into the School Infrastructure Fund; and |
| 25 | | (D) 19.1% into the Statewide 9-8-8 Trust Fund. |
| 26 | | (Source: P.A. 100-1171, eff. 1-4-19.) |