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.


LRB104 07102 HLH 21550 b

 

 

A BILL FOR

 

SB2120LRB104 07102 HLH 21550 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by adding Section 1-55 as follows:
 
6    (20 ILCS 1305/1-55 new)
7    Sec. 1-55. 9-8-8 National Suicide Prevention Lifeline
8System and Statewide 9-8-8 Trust Fund.
9    (a) The Department of Human Services is authorized to
10implement and administer the 9-8-8 National Suicide Prevention
11Lifeline system in compliance with the National Suicide
12Hotline Designation Act of 2020 as codified in 47 U.S.C. 251
13and 251a and any subsequent amendments, the Federal
14Communication Commission's rules adopted to administer the
15National Suicide Hotline Designation Act of 2020 and any
16subsequent amendments, and national guidelines for crisis
17care.
18    (b) The Department is authorized to collaborate with other
19State agencies and stakeholders to implement and administer
20the 9-8-8 National Suicide Prevention Lifeline system.
21    (c) The Department is authorized to administer the
22Statewide 9-8-8 Trust Fund pursuant to Section 6z-134 of the
23State Finance Act.
 

 

 

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1    Section 10. The State Finance Act is amended by changing
2Section 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
6fund in the State treasury. This Fund is administered by the
7Department of Human Services. Moneys in the Fund shall be used
8by the Department of Human Services for the purposes of
9establishing and maintaining a statewide 9-8-8 suicide
10prevention and mental health crisis system pursuant to the
11National Suicide Hotline Designation Act of 2020 as codified
12in 47 U.S.C. 251 and 251a and any subsequent amendments, the
13Federal Communication Commission's rules adopted to administer
14the National Suicide Hotline Designation Act of 2020 as
15codified in 47 U.S.C. 251 and 251a and any subsequent
16amendments on July 16, 2020, and national guidelines for
17crisis 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
13shall be made to the General Assembly and the Federal
14Communications Commission by the Department of Human Services
15pursuant to 47 U.S.C. 251a.
16    (d) (Blank).
17    (e) For the purposes of this Section, "statewide 9-8-8
18suicide prevention and mental health crisis system" means the
19core elements or pillars of the crisis system, as described by
20the Substance Abuse and Mental Health Services Administration,
21and includes Illinois' 9-8-8 Lifeline Contact Centers,
22community crisis response services, including mobile crisis
23teams, and crisis receiving and stabilization facilities and
24programs, 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
2amended 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
5clearly requires otherwise:
6    (a) "Gross charge" means the amount paid for the act or
7privilege of originating or receiving telecommunications in
8this State and for all services and equipment provided in
9connection therewith by a retailer, valued in money whether
10paid in money or otherwise, including cash, credits, services,
11and property of every kind or nature, and shall be determined
12without any deduction on account of the cost of such
13telecommunications, the cost of materials used, labor or
14service costs, or any other expense whatsoever. In case credit
15is extended, the amount thereof shall be included only as and
16when paid. "Gross charges" for private line service shall
17include charges imposed at each channel termination point
18within this State, charges for the channel mileage between
19each channel termination point within this State, and charges
20for that portion of the interstate inter-office channel
21provided within Illinois. Charges for that portion of the
22interstate inter-office channel provided in Illinois shall be
23determined by the retailer as follows: (i) for interstate
24inter-office channels having 2 channel termination points,
25only one of which is in Illinois, 50% of the total charge

 

 

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1imposed; or (ii) for interstate inter-office channels having
2more than 2 channel termination points, one or more of which
3are in Illinois, an amount equal to the total charge
4multiplied by a fraction, the numerator of which is the number
5of channel termination points within Illinois and the
6denominator of which is the total number of channel
7termination points. Prior to January 1, 2004, any method
8consistent with this paragraph or other method that reasonably
9apportions the total charges for interstate inter-office
10channels among the states in which channel terminations points
11are located shall be accepted as a reasonable method to
12determine the charges for that portion of the interstate
13inter-office channel provided within Illinois for that period.
14However, "gross charges" shall not include any of the
15following:
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
20taxpayer's service address in this State regardless of where
21such amount is billed or paid.
22    (c) "Telecommunications", in addition to the meaning
23ordinarily and popularly ascribed to it, includes, without
24limitation, messages or information transmitted through use of
25local, toll, and wide area telephone service; private line
26services; channel services; telegraph services;

 

 

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1teletypewriter; computer exchange services; cellular mobile
2telecommunications service; specialized mobile radio;
3stationary 2-way two way radio; paging service; or any other
4form of mobile and portable one-way or 2-way two-way
5communications; or any other transmission of messages or
6information by electronic or similar means, between or among
7points by wire, cable, fiber optics fiber-optics, laser,
8microwave, radio, satellite, or similar facilities. As used in
9this Act, "private line" means a dedicated non-traffic
10sensitive service for a single customer, that entitles the
11customer to exclusive or priority use of a communications
12channel or group of channels, from one or more specified
13locations to one or more other specified locations. The
14definition of "telecommunications" shall not include value
15added services in which computer processing applications are
16used to act on the form, content, code, and protocol of the
17information for purposes other than transmission.
18"Telecommunications" shall not include purchases of
19telecommunications by a telecommunications service provider
20for use as a component part of the service provided by him to
21the ultimate retail consumer who originates or terminates the
22taxable end-to-end communications. Carrier access charges,
23right of access charges, charges for use of inter-company
24facilities, and all telecommunications resold in the
25subsequent provision of, used as a component of, or integrated
26into end-to-end telecommunications service shall be

 

 

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1non-taxable as sales for resale.
2    (d) "Interstate telecommunications" means all
3telecommunications that either originate or terminate outside
4this State.
5    (e) "Intrastate telecommunications" means all
6telecommunications that originate and terminate within this
7State.
8    (f) "Department" means the Department of Revenue of the
9State of Illinois.
10    (g) "Director" means the Director of Revenue for the
11Department of Revenue of the State of Illinois.
12    (h) "Taxpayer" means a person who individually or through
13his agents, employees, or permittees engages in the act or
14privilege of originating or receiving telecommunications in
15this State and who incurs a tax liability under this Article.
16    (i) "Person" means any natural individual, firm, trust,
17estate, partnership, association, joint stock company, joint
18venture, corporation, limited liability company, or a
19receiver, trustee, guardian or other representative appointed
20by order of any court, the federal Federal and State
21governments, including State universities created by statute
22or any city, town, county, or other political subdivision of
23this State.
24    (j) "Purchase at retail" means the acquisition,
25consumption, or use of telecommunication through a sale at
26retail.

 

 

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1    (k) "Sale at retail" means the transmitting, supplying, or
2furnishing of telecommunications and all services and
3equipment provided in connection therewith for a consideration
4to persons other than the federal Federal and State
5governments, and State universities created by statute and
6other than between a parent corporation and its wholly owned
7subsidiaries or between wholly owned subsidiaries for their
8use or consumption and not for resale.
9    (l) "Retailer" means and includes every person engaged in
10the business of making sales at retail as defined in this
11Article. The Department may, in its discretion, upon
12application, authorize the collection of the tax hereby
13imposed by any retailer not maintaining a place of business
14within this State, who, to the satisfaction of the Department,
15furnishes adequate security to insure collection and payment
16of the tax. Such retailer shall be issued, without charge, a
17permit to collect such tax. When so authorized, it shall be the
18duty of such retailer to collect the tax upon all of the gross
19charges for telecommunications in this State in the same
20manner and subject to the same requirements as a retailer
21maintaining a place of business within this State. The permit
22may be revoked by the Department at its discretion.
23    (m) "Retailer maintaining a place of business in this
24State", or any like term, means and includes any retailer
25having or maintaining within this State, directly or by a
26subsidiary, an office, distribution facilities, transmission

 

 

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1facilities, sales office, warehouse or other place of
2business, or any agent or other representative operating
3within this State under the authority of the retailer or its
4subsidiary, irrespective of whether such place of business or
5agent or other representative is located here permanently or
6temporarily, or whether such retailer or subsidiary is
7licensed to do business in this State.
8    (n) "Service address" means the location of
9telecommunications equipment from which the telecommunications
10services are originated or at which telecommunications
11services are received by a taxpayer. In the event this may not
12be a defined location, as in the case of mobile phones, paging
13systems, maritime systems, "service address" means the
14customer's place of primary use as defined in the Mobile
15Telecommunications Sourcing Conformity Act. For air-to-ground
16systems and the like, "service address" shall mean the
17location of a taxpayer's primary use of the telecommunications
18equipment as defined by telephone number, authorization code,
19or location in Illinois where bills are sent.
20    (o) "Prepaid telephone calling arrangements" mean the
21right to exclusively purchase telephone or telecommunications
22services that must be paid for in advance and enable the
23origination of one or more intrastate, interstate, or
24international telephone calls or other telecommunications
25using an access number, an authorization code, or both,
26whether manually or electronically dialed, for which payment

 

 

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1to a retailer must be made in advance, provided that, unless
2recharged, no further service is provided once that prepaid
3amount of service has been consumed. Prepaid telephone calling
4arrangements include the recharge of a prepaid calling
5arrangement. For purposes of this subsection, "recharge" means
6the purchase of additional prepaid telephone or
7telecommunications services whether or not the purchaser
8acquires a different access number or authorization code.
9"Prepaid telephone calling arrangement" does not include an
10arrangement whereby a customer purchases a payment card and
11pursuant to which the service provider reflects the amount of
12such purchase as a credit on an invoice issued to that customer
13under an existing subscription plan.
14    (p) "9-8-8" means the universal telephone number within
15United States for the purpose of the national suicide
16prevention and mental health crisis hotline system operating
17through the National Suicide Prevention Lifeline maintained by
18the Assistant Secretary for Mental Health and Substance Use
19under Section 520E-3 of the Public Health Service Act (42
20U.S.C. 290bb-36c) and through the Veterans Crisis Line
21maintained by the Secretary of Veterans Affairs under 38
22U.S.C. 1720F(h).
23(Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22;
24102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; revised
2510-21-24.)
 

 

 

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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
4or privilege of originating or receiving intrastate
5telecommunications by a person in this State at the rate of 5%
6of the gross charge for such telecommunications purchased at
7retail from a retailer by such person.
8    (b) Beginning January 1, 1998 and through June 30, 2025, a
9tax is imposed upon the act or privilege of originating in this
10State or receiving in this State intrastate telecommunications
11by a person in this State at the rate of 7% of the gross charge
12for such telecommunications purchased at retail from a
13retailer by such person. However, such tax is not imposed on
14the act or privilege to the extent such act or privilege may
15not, under the Constitution and statutes of the United States,
16be made the subject of taxation by the State.
17    (c) Beginning July 1, 2025, a tax is imposed upon the act
18or privilege of originating in this State or receiving in this
19State intrastate telecommunications by a person in this State
20at the rate of 8.65% of the gross charge for such
21telecommunications purchased at retail from a retailer by that
22person. However, the tax is not imposed on the act or privilege
23to the extent the act or privilege may not, under the
24Constitution and statutes of the United States, be made the
25subject of taxation by the State. The 1.65% increase in the
26rate from 7% to 8.65% under this amendatory Act of the 104th

 

 

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1General Assembly shall be designated as the statewide 9-8-8
2surcharge and is established to support and enhance the 9-8-8
3Suicide and Crisis Lifeline in compliance with the National
4Suicide Hotline Designation Act of 2020 as codified in 47
5U.S.C. 251 and 251a.
6    (d) Beginning January 1, 2001, prepaid telephone calling
7arrangements shall not be considered telecommunications
8subject 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
13or privilege of originating in this State or receiving in this
14State interstate telecommunications by a person in this State
15at the rate of 5% of the gross charge for such
16telecommunications purchased at retail from a retailer by such
17person.
18    (b) Beginning January 1, 1998 and through June 30, 2025, a
19tax is imposed upon the act or privilege of originating in this
20State or receiving in this State interstate telecommunications
21by a person in this State at the rate of 7% of the gross charge
22for such telecommunications purchased at retail from a
23retailer by such person. To prevent actual multi-state
24taxation of the act or privilege that is subject to taxation
25under this paragraph, any taxpayer, upon proof that that

 

 

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1taxpayer has paid a tax in another state on such event, shall
2be allowed a credit against the tax imposed in this Section 4
3to the extent of the amount of such tax properly due and paid
4in such other state. However, such tax is not imposed on the
5act or privilege to the extent such act or privilege may not,
6under the Constitution and statutes of the United States, be
7made the subject of taxation by the State.
8    (c) Beginning July 1, 2025, a tax is imposed upon the act
9or privilege of originating in this State or receiving in this
10State interstate telecommunications by a person in this State
11at the rate of 8.65% of the gross charge for such
12telecommunications purchased at retail from a retailer by that
13person. To prevent actual multistate taxation of the act or
14privilege that is subject to taxation under this paragraph,
15any taxpayer, upon proof that the taxpayer has paid a tax in
16another state on the event, shall be allowed a credit against
17the tax imposed in this Section to the extent of the amount of
18such tax properly due and paid in the other state. However,
19such tax is not imposed on the act or privilege to the extent
20the act or privilege may not, under the Constitution and
21statutes of the United States, be made the subject of taxation
22by the State. The 1.65% increase in the rate from 7% to 8.65%
23under this amendatory Act of the 104th General Assembly shall
24be designated as the statewide 9-8-8 surcharge and is
25established to support and enhance the 9-8-8 Suicide and
26Crisis Lifeline in compliance with the National Suicide

 

 

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1Hotline Designation Act of 2020 as codified in 47 U.S.C. 251
2and 251a.
3    (d) Beginning on January 1, 2001, prepaid telephone
4calling arrangements shall not be considered
5telecommunications 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
10before the last day of each month, each retailer maintaining a
11place of business in this State shall make a return to the
12Department 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
8Section may make the payments by electronic funds transfer.
9The Department shall adopt rules necessary to effectuate a
10program of electronic funds transfer. Any taxpayer who has
11average monthly tax billings due to the Department under this
12Act and the Simplified Municipal Telecommunications Tax Act
13that exceed $1,000 shall make all payments by electronic funds
14transfer as required by rules of the Department and shall file
15the return required by this Section by electronic means as
16required by rules of the Department.
17    (c) Types of returns and filing deadlines. If the
18retailer's average monthly tax billings due to the Department
19under this Act and the Simplified Municipal Telecommunications
20Tax Act do not exceed $1,000, the Department may authorize the
21retailer's his returns to be filed on a quarter annual basis,
22with the return for January, February and March of a given year
23being due by April 30 of such year; with the return for April,
24May and June of a given year being due by July 31st of such
25year; with the return for July, August and September of a given
26year being due by October 31st of such year; and with the

 

 

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1return of October, November and December of a given year being
2due by January 31st of the following year.
3    If the retailer is otherwise required to file a monthly or
4quarterly return and if the retailer's average monthly tax
5billings due to the Department under this Act and the
6Simplified Municipal Telecommunications Tax Act do not exceed
7$400, the Department may authorize the retailer's his or her
8return to be filed on an annual basis, with the return for a
9given year being due by January 31st of the following year.
10    Notwithstanding any other provision of this Article
11containing the time within which a retailer may file a his
12return, in the case of any retailer who ceases to engage in a
13kind of business which makes the retailer him responsible for
14filing returns under this Article, such retailer shall file a
15final return under this Article with the Department not more
16than one month after discontinuing such business.
17    In making such return, the retailer shall determine the
18value of any consideration other than money received by the
19retailer him and he shall include such value in the his return.
20Such determination shall be subject to review and revision by
21the Department in the manner hereinafter provided for the
22correction of returns.
23    (d) Payment and discount. Each retailer whose average
24monthly liability to the Department under this Article and the
25Simplified Municipal Telecommunications Tax Act was $25,000 or
26more during the preceding calendar year, excluding the month

 

 

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1of highest liability and the month of lowest liability in such
2calendar year, and who is not operated by a unit of local
3government, shall make estimated payments to the Department on
4or before the 7th, 15th, 22nd and last day of the month during
5which tax collection liability to the Department is incurred
6in an amount not less than the lower of either 22.5% of the
7retailer's actual tax collections for the month or 25% of the
8retailer's actual tax collections for the same calendar month
9of the preceding year. The amount of such quarter monthly
10payments shall be credited against the final liability of the
11retailer's return for that month. Any outstanding credit,
12approved by the Department, arising from the retailer's
13overpayment of its final liability for any month may be
14applied to reduce the amount of any subsequent quarter monthly
15payment or credited against the final liability of the
16retailer's return for any subsequent month. If any quarter
17monthly payment is not paid at the time or in the amount
18required by this Section, the retailer shall be liable for
19penalty and interest on the difference between the minimum
20amount due as a payment and the amount of such payment actually
21and timely paid, except insofar as the retailer has previously
22made payments for that month to the Department in excess of the
23minimum payments previously due.
24    The retailer making the return herein provided for shall,
25at the time of making such return, pay to the Department the
26amount of tax herein imposed, less a discount of 1% which is

 

 

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1allowed to reimburse the retailer for the expenses incurred in
2keeping records, billing the customer, preparing and filing
3returns, remitting the tax, and supplying data to the
4Department upon request. No discount may be claimed by a
5retailer on returns not timely filed and for taxes not timely
6remitted.
7    If any payment provided for in this Section exceeds the
8retailer's liabilities under this Act, as shown on an original
9return, the Department may authorize the retailer to credit
10such excess payment against liability subsequently to be
11remitted to the Department under this Act, in accordance with
12reasonable rules adopted by the Department. If the Department
13subsequently determines that all or any part of the credit
14taken was not actually due to the retailer, the retailer's
15discount shall be reduced by an amount equal to the difference
16between the discount as applied to the credit taken and that
17actually due, and that retailer shall be liable for penalties
18and 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.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.