|
| | HB5412 Engrossed | | LRB103 34192 HLH 64015 b |
|
|
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 Reimagining Energy and Vehicles in Illinois |
5 | | Act is amended by changing Section 30 as follows: |
6 | | (20 ILCS 686/30)
|
7 | | Sec. 30. Tax credit awards. |
8 | | (a) Subject to the conditions set forth in this Act, a |
9 | | taxpayer is entitled to a credit against the tax imposed |
10 | | pursuant to subsections (a) and (b) of Section 201 of the |
11 | | Illinois Income Tax Act for a taxable year beginning on or |
12 | | after January 1, 2025 if the taxpayer is awarded a credit by |
13 | | the Department in accordance with an agreement under this Act. |
14 | | The Department has authority to award credits under this Act |
15 | | on and after January 1, 2022. |
16 | | (b) REV Illinois Credits. A taxpayer may receive a tax |
17 | | credit against the tax imposed under subsections (a) and (b) |
18 | | of Section 201 of the Illinois Income Tax Act, not to exceed |
19 | | the sum of (i) 75% of the incremental income tax attributable |
20 | | to new employees at the applicant's project and (ii) 10% of the |
21 | | training costs of the new employees. If the project is located |
22 | | in an underserved area or an energy transition area, then the |
23 | | amount of the credit may not exceed the sum of (i) 100% of the |
|
| | HB5412 Engrossed | - 2 - | LRB103 34192 HLH 64015 b |
|
|
1 | | incremental income tax attributable to new employees at the |
2 | | applicant's project; and (ii) 10% of the training costs of the |
3 | | new employees. The percentage of training costs includable in |
4 | | the calculation may be increased by an additional 15% for |
5 | | training costs associated with new employees that are recent |
6 | | (2 years or less) graduates, certificate holders, or |
7 | | credential recipients from an institution of higher education |
8 | | in Illinois, or, if the training is provided by an institution |
9 | | of higher education in Illinois, the Clean Jobs Workforce |
10 | | Network Program, or an apprenticeship and training program |
11 | | located in Illinois and approved by and registered with the |
12 | | United States Department of Labor's Bureau of Apprenticeship |
13 | | and Training. An applicant is also eligible for a training |
14 | | credit that shall not exceed 10% of the training costs of |
15 | | retained employees for the purpose of upskilling to meet the |
16 | | operational needs of the applicant or the REV Illinois |
17 | | Project. The percentage of training costs includable in the |
18 | | calculation shall not exceed a total of 25%. If an applicant |
19 | | agrees to hire the required number of new employees, then the |
20 | | maximum amount of the credit for that applicant may be |
21 | | increased by an amount not to exceed 75% of the incremental |
22 | | income tax attributable to retained employees at the |
23 | | applicant's project; provided that, in order to receive the |
24 | | increase for retained employees, the applicant must, if |
25 | | applicable, meet or exceed the statewide baseline. For |
26 | | agreements entered into on or after the effective date of this |
|
| | HB5412 Engrossed | - 3 - | LRB103 34192 HLH 64015 b |
|
|
1 | | amendatory Act of the 103rd General Assembly and before June |
2 | | 1, 2024 that qualify under paragraph (5) of subsection (c) of |
3 | | Section 20, a taxpayer may receive a tax credit not to exceed |
4 | | 75% of the incremental income tax attributable to retained |
5 | | employees at the applicant's project. If the project is in an |
6 | | underserved area or an energy transition area and qualifies |
7 | | under paragraph (5) of subsection (c) of Section 20, then the |
8 | | maximum amount of the credit attributable to retained |
9 | | employees for the applicant may be increased to an amount not |
10 | | to exceed 100% of the incremental income tax attributable to |
11 | | retained employees at the applicant's project. |
12 | | If the Project is in an underserved area or an energy |
13 | | transition area, the maximum amount of the credit attributable |
14 | | to retained employees for the applicant may be increased to an |
15 | | amount not to exceed 100% of the incremental income tax |
16 | | attributable to retained employees at the applicant's project; |
17 | | provided that, in order to receive the increase for retained |
18 | | employees, the applicant must meet or exceed the statewide |
19 | | baseline. REV Illinois Credits awarded may include credit |
20 | | earned for incremental income tax withheld and training costs |
21 | | incurred by the taxpayer beginning on or after January 1, |
22 | | 2022. Credits so earned and certified by the Department may be |
23 | | applied against the tax imposed by subsections (a) and (b) of |
24 | | Section 201 of the Illinois Income Tax Act for taxable years |
25 | | beginning on or after January 1, 2025. |
26 | | (c) REV Construction Jobs Credit. For construction wages |
|
| | HB5412 Engrossed | - 4 - | LRB103 34192 HLH 64015 b |
|
|
1 | | associated with a project that qualified for a REV Illinois |
2 | | Credit under subsection (b), the taxpayer may receive a tax |
3 | | credit against the tax imposed under subsections (a) and (b) |
4 | | of Section 201 of the Illinois Income Tax Act in an amount |
5 | | equal to 50% of the incremental income tax attributable to |
6 | | construction wages paid in connection with construction of the |
7 | | project facilities, as a jobs credit for workers hired to |
8 | | construct the project. |
9 | | The REV Construction Jobs Credit may not exceed 75% of the |
10 | | amount of the incremental income tax attributable to |
11 | | construction wages paid in connection with construction of the |
12 | | project facilities if the project is in an underserved area or |
13 | | an energy transition area. |
14 | | (d) The Department shall certify to the Department of |
15 | | Revenue: (1) the identity of Taxpayers that are eligible for |
16 | | the REV Illinois Credit and REV Construction Jobs Credit; (2) |
17 | | the amount of the REV Illinois Credits and REV Construction |
18 | | Jobs Credits awarded in each calendar year; and (3) the amount |
19 | | of the REV Illinois Credit and REV Construction Jobs Credit |
20 | | claimed in each calendar year. REV Illinois Credits awarded |
21 | | may include credit earned for Incremental Income Tax withheld |
22 | | and Training Costs incurred by the Taxpayer beginning on or |
23 | | after January 1, 2022. Credits so earned and certified by the |
24 | | Department may be applied against the tax imposed by Section |
25 | | 201(a) and (b) of the Illinois Income Tax Act for taxable years |
26 | | beginning on or after January 1, 2025. |
|
| | HB5412 Engrossed | - 5 - | LRB103 34192 HLH 64015 b |
|
|
1 | | (e) Applicants seeking certification for tax credits |
2 | | related to the construction of the project facilities in the |
3 | | State shall require the contractor to enter into a project |
4 | | labor agreement that conforms with the Project Labor |
5 | | Agreements Act. |
6 | | (f) Any applicant issued a certificate for a tax credit or |
7 | | tax exemption under this Act must annually report to the |
8 | | Department the total project tax benefits received. Reports |
9 | | are due no later than May 31 of each year and shall cover the |
10 | | previous calendar year. The first report is for the 2022 |
11 | | calendar year and is due no later than May 31, 2023. Failure to |
12 | | report data may result in ineligibility to receive incentives. |
13 | | The Department, in consultation with the Department of |
14 | | Revenue, is authorized to adopt rules governing ineligibility |
15 | | to receive exemptions, including the length of ineligibility. |
16 | | Factors to be considered in determining whether a business is |
17 | | ineligible shall include, but are not limited to, prior |
18 | | compliance with the reporting requirements, cooperation in |
19 | | discontinuing and correcting violations, the extent of the |
20 | | violation, and whether the violation was willful or |
21 | | inadvertent. |
22 | | For applicants issued a certificate of exemption under |
23 | | Section 105 of this Act, the report shall be the same as |
24 | | required for a High Impact Business under subsection (a-5) of |
25 | | Section 8.1 of the Illinois Enterprise Zone Act. Failure to |
26 | | report data may result in revocation of the building materials |
|
| | HB5412 Engrossed | - 6 - | LRB103 34192 HLH 64015 b |
|
|
1 | | exemption certificate issued to a taxpayer. The Department of |
2 | | Revenue is authorized to adopt rules governing revocation |
3 | | determinations, including the length of revocation. Factors to |
4 | | be considered in revocations shall include, but are not |
5 | | limited to, prior compliance with the reporting requirements, |
6 | | cooperation in discontinuing and correcting violations, and |
7 | | whether the certificate was used unlawfully during the |
8 | | preceding year. |
9 | | Each person required to file a return under the Gas |
10 | | Revenue Tax Act, the Electricity Excise Tax Law, or the |
11 | | Telecommunications Excise Tax Act shall file a report |
12 | | containing information about customers that are issued an |
13 | | exemption certificate under Section 95 of this Act in the same |
14 | | manner and form as they are required to report under |
15 | | subsection (b) of Section 8.1 of the Illinois Enterprise Zone |
16 | | Act. |
17 | | (g) Nothing in this Act shall prohibit an award of credit |
18 | | to an applicant that uses a PEO if all other award criteria are |
19 | | satisfied. |
20 | | (h) With respect to any portion of a REV Illinois Credit |
21 | | that is based on the incremental income tax attributable to |
22 | | new employees or retained employees, in lieu of the Credit |
23 | | allowed under this Act against the taxes imposed pursuant to |
24 | | subsections (a) and (b) of Section 201 of the Illinois Income |
25 | | Tax Act, a taxpayer that otherwise meets the criteria set |
26 | | forth in this Section, the taxpayer may elect to claim the |
|
| | HB5412 Engrossed | - 7 - | LRB103 34192 HLH 64015 b |
|
|
1 | | credit, on or after January 1, 2025, against its obligation to |
2 | | pay over withholding under Section 704A of the Illinois Income |
3 | | Tax Act. The election shall be made in the manner prescribed by |
4 | | the Department of Revenue and once made shall be irrevocable.
|
5 | | (i) The Department of Revenue, in its discretion, may |
6 | | require that the reports filed under this Section be submitted |
7 | | electronically. |
8 | | (j) The Department of Revenue shall have the authority to |
9 | | adopt rules as are reasonable and necessary to implement the |
10 | | provisions of this Section. |
11 | | (Source: P.A. 102-669, eff. 11-16-21; 102-1112, eff. 12-21-22; |
12 | | 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23.) |
13 | | Section 10. The Manufacturing Illinois Chips for Real |
14 | | Opportunity (MICRO) Act is amended by changing Section 110-30 |
15 | | as follows: |
16 | | (35 ILCS 45/110-30)
|
17 | | Sec. 110-30. Tax credit awards. |
18 | | (a) Subject to the conditions set forth in this Act, a |
19 | | taxpayer is entitled to a credit against the tax imposed |
20 | | pursuant to subsections (a) and (b) of Section 201 of the |
21 | | Illinois Income Tax Act for a taxable year beginning on or |
22 | | after January 1, 2025 if the taxpayer is awarded a credit by |
23 | | the Department in accordance with an agreement under this Act. |
24 | | The Department has authority to award credits under this Act |
|
| | HB5412 Engrossed | - 8 - | LRB103 34192 HLH 64015 b |
|
|
1 | | on and after January 1, 2023. |
2 | | (b) A taxpayer may receive a tax credit against the tax |
3 | | imposed under subsections (a) and (b) of Section 201 of the |
4 | | Illinois Income Tax Act, not to exceed the sum of (i) 75% of |
5 | | the incremental income tax attributable to new employees at |
6 | | the applicant's project and (ii) 10% of the training costs of |
7 | | the new employees. If the project is located in an underserved |
8 | | area or an energy transition area, then the amount of the |
9 | | credit may not exceed the sum of (i) 100% of the incremental |
10 | | income tax attributable to new employees at the applicant's |
11 | | project; and (ii) 10% of the training costs of the new |
12 | | employees. The percentage of training costs includable in the |
13 | | calculation may be increased by an additional 15% for training |
14 | | costs associated with new employees that are recent (2 years |
15 | | or less) graduates, certificate holders, or credential |
16 | | recipients from an institution of higher education in |
17 | | Illinois, or, if the training is provided by an institution of |
18 | | higher education in Illinois, the Clean Jobs Workforce Network |
19 | | Program, or an apprenticeship and training program located in |
20 | | Illinois and approved by and registered with the United States |
21 | | Department of Labor's Bureau of Apprenticeship and Training. |
22 | | An applicant is also eligible for a training credit that shall |
23 | | not exceed 10% of the training costs of retained employees for |
24 | | the purpose of upskilling to meet the operational needs of the |
25 | | applicant or the project. The percentage of training costs |
26 | | includable in the calculation shall not exceed a total of 25%. |
|
| | HB5412 Engrossed | - 9 - | LRB103 34192 HLH 64015 b |
|
|
1 | | If an applicant agrees to hire the required number of new |
2 | | employees, then the maximum amount of the credit for that |
3 | | applicant may be increased by an amount not to exceed 75% of |
4 | | the incremental income tax attributable to retained employees |
5 | | at the applicant's project; provided that, in order to receive |
6 | | the increase for retained employees, the applicant must, if |
7 | | applicable, meet or exceed the statewide baseline. If the |
8 | | Project is in an underserved area or an energy transition |
9 | | area, the maximum amount of the credit attributable to |
10 | | retained employees for the applicant may be increased to an |
11 | | amount not to exceed 100% of the incremental income tax |
12 | | attributable to retained employees at the applicant's project; |
13 | | provided that, in order to receive the increase for retained |
14 | | employees, the applicant must meet or exceed the statewide |
15 | | baseline. Credits awarded may include credit earned for |
16 | | incremental income tax withheld and training costs incurred by |
17 | | the taxpayer beginning on or after January 1, 2023. Credits so |
18 | | earned and certified by the Department may be applied against |
19 | | the tax imposed by subsections (a) and (b) of Section 201 of |
20 | | the Illinois Income Tax Act for taxable years beginning on or |
21 | | after January 1, 2025. |
22 | | (c) MICRO Construction Jobs Credit. For construction wages |
23 | | associated with a project that qualified for a credit under |
24 | | subsection (b), the taxpayer may receive a tax credit against |
25 | | the tax imposed under subsections (a) and (b) of Section 201 of |
26 | | the Illinois Income Tax Act in an amount equal to 50% of the |
|
| | HB5412 Engrossed | - 10 - | LRB103 34192 HLH 64015 b |
|
|
1 | | incremental income tax attributable to construction wages paid |
2 | | in connection with construction of the project facilities, as |
3 | | a jobs credit for workers hired to construct the project. |
4 | | The MICRO Construction Jobs Credit may not exceed 75% of |
5 | | the amount of the incremental income tax attributable to |
6 | | construction wages paid in connection with construction of the |
7 | | project facilities if the project is in an underserved area or |
8 | | an energy transition area. |
9 | | (d) The Department shall certify to the Department of |
10 | | Revenue: (1) the identity of taxpayers that are eligible for |
11 | | the MICRO Credit and MICRO Construction Jobs Credit; (2) the |
12 | | amount of the MICRO Credits and MICRO Construction Jobs |
13 | | Credits awarded in each calendar year; and (3) the amount of |
14 | | the MICRO Credit and MICRO Construction Jobs Credit claimed in |
15 | | each calendar year. MICRO Credits awarded may include credit |
16 | | earned for incremental income tax withheld and training costs |
17 | | incurred by the taxpayer beginning on or after January 1, |
18 | | 2023. Credits so earned and certified by the Department may be |
19 | | applied against the tax imposed by Section 201(a) and (b) of |
20 | | the Illinois Income Tax Act for taxable years beginning on or |
21 | | after January 1, 2025. |
22 | | (e) Applicants seeking certification for a tax credits |
23 | | related to the construction of the project facilities in the |
24 | | State shall require the contractor to enter into a project |
25 | | labor agreement that conforms with the Project Labor |
26 | | Agreements Act. |
|
| | HB5412 Engrossed | - 11 - | LRB103 34192 HLH 64015 b |
|
|
1 | | (f) Any applicant issued a certificate for a tax credit or |
2 | | tax exemption under this Act must annually report to the |
3 | | Department the total project tax benefits received. Reports |
4 | | are due no later than May 31 of each year and shall cover the |
5 | | previous calendar year. The first report is for the 2023 |
6 | | calendar year and is due no later than May 31, 2023. Failure to |
7 | | report data may result in ineligibility to receive incentives. |
8 | | The Department, in consultation with the Department of |
9 | | Revenue, is authorized to adopt rules governing ineligibility |
10 | | to receive exemptions, including the length of ineligibility. |
11 | | Factors to be considered in determining whether a business is |
12 | | ineligible shall include, but are not limited to, prior |
13 | | compliance with the reporting requirements, cooperation in |
14 | | discontinuing and correcting violations, the extent of the |
15 | | violation, and whether the violation was willful or |
16 | | inadvertent. |
17 | | For applicants issued a certificate of exemption under |
18 | | Section 110-105 of this Act, the report shall be the same as |
19 | | required for a High Impact Business under subsection (a-5) of |
20 | | Section 8.1 of the Illinois Enterprise Zone Act. Failure to |
21 | | report data may result in revocation of the building materials |
22 | | exemption certificate issued to a taxpayer. The Department of |
23 | | Revenue is authorized to adopt rules governing revocation |
24 | | determinations, including the length of revocation. Factors to |
25 | | be considered in revocations shall include, but are not |
26 | | limited to, prior compliance with the reporting requirements, |
|
| | HB5412 Engrossed | - 12 - | LRB103 34192 HLH 64015 b |
|
|
1 | | cooperation in discontinuing and correcting violations, and |
2 | | whether the certificate was used unlawfully during the |
3 | | preceding year. |
4 | | Each person required to file a return under the Gas |
5 | | Revenue Tax Act, the Electricity Excise Tax Act, or the |
6 | | Telecommunications Excise Tax Act shall file a report on |
7 | | customers issued an exemption certificate under Section 110-95 |
8 | | of this Act in the same manner and form as they are required to |
9 | | report under subsection (b) of Section 8.1 of the Illinois |
10 | | Enterprise Zone Act. |
11 | | (g) Nothing in this Act shall prohibit an award of credit |
12 | | to an applicant that uses a PEO if all other award criteria are |
13 | | satisfied. |
14 | | (h) With respect to any portion of a credit that is based |
15 | | on the incremental income tax attributable to new employees or |
16 | | retained employees, in lieu of the credit allowed under this |
17 | | Act against the taxes imposed pursuant to subsections (a) and |
18 | | (b) of Section 201 of the Illinois Income Tax Act, a taxpayer |
19 | | that otherwise meets the criteria set forth in this Section, |
20 | | the taxpayer may elect to claim the credit, on or after January |
21 | | 1, 2025, against its obligation to pay over withholding under |
22 | | Section 704A of the Illinois Income Tax Act. The election |
23 | | shall be made in the manner prescribed by the Department of |
24 | | Revenue and once made shall be irrevocable.
|
25 | | (i) The Department of Revenue, in its discretion, may |
26 | | require that the reports filed under this Section be submitted |
|
| | HB5412 Engrossed | - 13 - | LRB103 34192 HLH 64015 b |
|
|
1 | | electronically. |
2 | | (j) The Department of Revenue shall have the authority to |
3 | | adopt rules as are reasonable and necessary to implement the |
4 | | provisions of this Section. |
5 | | (Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; |
6 | | revised 4-5-23.) |
7 | | Section 15. The Retailers' Occupation Tax Act is amended |
8 | | by changing Sections 5m and 5n as follows: |
9 | | (35 ILCS 120/5m) |
10 | | Sec. 5m. Building materials exemption; REV Illinois |
11 | | projects. Each retailer who makes a sale of building materials |
12 | | that will be incorporated into a REV Illinois Project for |
13 | | which a certificate of exemption has been issued by the |
14 | | Department of Commerce and Economic Opportunity under Section |
15 | | 105 of the Reimagining Energy and Vehicles in Illinois Act may |
16 | | deduct receipts from those sales when calculating any State or |
17 | | local use and occupation taxes. No retailer who is eligible |
18 | | for the deduction or credit under Section 5k of this Act |
19 | | related to enterprise zones or Section 5l of this Act related |
20 | | to High Impact Businesses for a given sale shall be eligible |
21 | | for the deduction or credit authorized under this Section for |
22 | | that same sale. |
23 | | To In addition to any other requirements to document the |
24 | | exemption allowed under this Section, the retailer must obtain |
|
| | HB5412 Engrossed | - 14 - | LRB103 34192 HLH 64015 b |
|
|
1 | | from the purchaser the purchaser's REV Illinois Building |
2 | | Materials Exemption certificate number issued by the |
3 | | Department and a certification that contains: . |
4 | | (1) a statement that the building materials are being |
5 | | purchased for incorporation into a REV Illinois Project; |
6 | | (2) the location or address of the real estate into |
7 | | which the building materials will be incorporated; |
8 | | (3) the name and address of the construction |
9 | | contractor or other entity; |
10 | | (4) a description of the building materials being |
11 | | purchased; |
12 | | (5) the purchaser's REV Illinois Building Materials |
13 | | Exemption Certificate number issued by the Department of |
14 | | Revenue; and |
15 | | (6) the purchaser's signature and date of purchase. |
16 | | A construction contractor or other entity shall not make |
17 | | tax-free purchases under this Section unless it has an active |
18 | | REV Illinois Building Materials Exemption Certificate issued |
19 | | by the Department at the time of purchase. |
20 | | Upon request from the certified manufacturer, the |
21 | | Department shall issue a REV Illinois Building Materials |
22 | | Exemption Certificate for each construction contractor or |
23 | | other entity identified by the certified manufacturer. The |
24 | | Department shall make the REV Illinois Building Materials |
25 | | Exemption Certificates available to each construction |
26 | | contractor or other entity identified by the certified |
|
| | HB5412 Engrossed | - 15 - | LRB103 34192 HLH 64015 b |
|
|
1 | | manufacturer and to the certified manufacturer. The request |
2 | | for REV Illinois Building Materials Exemption Certificates |
3 | | under this Section must include the following information: |
4 | | (1) the name and address of the construction |
5 | | contractor or other entity; |
6 | | (2) the name and location or address of the building |
7 | | project site; |
8 | | (3) the estimated amount of the exemption for each |
9 | | construction contractor or other entity for which a |
10 | | request for a REV Illinois Building Materials Exemption |
11 | | Certificate is made, based on a stated estimated average |
12 | | tax rate and the percentage of the contract that consists |
13 | | of materials; |
14 | | (4) the period of time over which supplies for the |
15 | | project are expected to be purchased; and |
16 | | (5) other reasonable information as the Department may |
17 | | require, including but not limited to FEIN numbers, to |
18 | | determine if the contractor or other entity, or any |
19 | | partner, or a corporate officer, and in the case of a |
20 | | limited liability company, any manager or member, of the |
21 | | construction contractor or other entity, is or has been |
22 | | the owner, a partner, a corporate officer, and in the case |
23 | | of a limited liability company, a manager or member, of a |
24 | | person that is in default for moneys due to the Department |
25 | | under this Act or any other tax or fee Act administered by |
26 | | the Department. |
|
| | HB5412 Engrossed | - 16 - | LRB103 34192 HLH 64015 b |
|
|
1 | | The Department shall issue the REV Illinois Building |
2 | | Materials Exemption Certificates within 3 business days after |
3 | | receipt of the request from the certified manufacturer. This |
4 | | requirement does not apply in circumstances where the |
5 | | Department, for reasonable cause, is unable to issue the |
6 | | Exemption Certificate within 3 business days. The Department |
7 | | may refuse to issue a REV Illinois Building Materials |
8 | | Exemption Certificate if the owner, any partner, or a |
9 | | corporate officer, and in the case of a limited liability |
10 | | company, any manager or member, of the construction contractor |
11 | | or other entity is or has been the owner, a partner, a |
12 | | corporate officer, and in the case of a limited liability |
13 | | company, a manager or member, of a person that is in default |
14 | | for moneys due to the Department under this Act or any other |
15 | | tax or fee Act administered by the Department. |
16 | | The REV Illinois Building Materials Exemption Certificate |
17 | | shall contain language stating that if the construction |
18 | | contractor or other entity who is issued the Exemption |
19 | | Certificate makes a tax-exempt purchase, as described in this |
20 | | Section, that is not eligible for exemption under this Section |
21 | | or allows another person to make a tax-exempt purchase, as |
22 | | described in this Section, that is not eligible for exemption |
23 | | under this Section, then, in addition to any tax or other |
24 | | penalty imposed, the construction contractor or other entity |
25 | | is subject to a penalty equal to the tax that would have been |
26 | | paid by the retailer under this Act as well as any applicable |
|
| | HB5412 Engrossed | - 17 - | LRB103 34192 HLH 64015 b |
|
|
1 | | local retailers' occupation tax on the purchase that is not |
2 | | eligible for the exemption. |
3 | | The Department, in its discretion, may require that the |
4 | | request for REV Illinois Building Materials Exemption |
5 | | Certificates be submitted electronically. The Department may, |
6 | | in its discretion, issue the Exemption Certificates |
7 | | electronically. The REV Illinois Building Materials Exemption |
8 | | Certificate number shall be designed in such a way that the |
9 | | Department can identify from the unique number on the |
10 | | Exemption Certificate issued to a given construction |
11 | | contractor or other entity, the name of the REV Illinois |
12 | | project site and the construction contractor or other entity |
13 | | to whom the Exemption Certificate is issued. The REV Illinois |
14 | | Building Materials Exemption Certificate shall contain an |
15 | | expiration date, which shall be no more than 5 years after the |
16 | | date of issuance. At the request of the certified |
17 | | manufacturer, the Department may renew a REV Illinois Building |
18 | | Materials Exemption Certificate. After the Department issues |
19 | | Exemption Certificates for a given REV Illinois project site, |
20 | | the certified manufacturer may notify the Department of |
21 | | additional construction contractors or other entities that are |
22 | | eligible for a REV Illinois Building Materials Exemption |
23 | | Certificate. Upon receiving such a notification and subject to |
24 | | the other provisions of this Section, the Department shall |
25 | | issue a REV Illinois Building Materials Exemption Certificate |
26 | | to each additional construction contractor or other entity so |
|
| | HB5412 Engrossed | - 18 - | LRB103 34192 HLH 64015 b |
|
|
1 | | identified. A certified manufacturer may ask the Department to |
2 | | rescind a REV Illinois Building Materials Exemption |
3 | | Certificate previously issued by the Department to a |
4 | | construction contractor or other entity working at that |
5 | | certified manufacturer's REV Illinois project site if that REV |
6 | | Illinois Building Materials Exemption Certificate has not yet |
7 | | expired. Upon receiving such a request and subject to the |
8 | | other provisions of this Section, the Department shall issue |
9 | | the rescission of the REV Illinois Building Materials |
10 | | Exemption Certificate to the construction contractor or other |
11 | | entity identified by the certified manufacturer and provide a |
12 | | copy of the rescission to the construction contractor or other |
13 | | entity and to the certified manufacturer. |
14 | | If the Department of Revenue determines that a |
15 | | construction contractor or other entity that was issued an |
16 | | Exemption Certificate under this Section made a tax-exempt |
17 | | purchase, as described in this Section, that was not eligible |
18 | | for exemption under this Section or allowed another person to |
19 | | make a tax-exempt purchase, as described in this Section, that |
20 | | was not eligible for exemption under this Section, then, in |
21 | | addition to any tax or other penalty imposed, the construction |
22 | | contractor or other entity is subject to a penalty equal to the |
23 | | tax that would have been paid by the retailer under this Act as |
24 | | well as any applicable local retailers' occupation tax on the |
25 | | purchase that was not eligible for the exemption. |
26 | | This Section is exempt from the provisions of Section |
|
| | HB5412 Engrossed | - 19 - | LRB103 34192 HLH 64015 b |
|
|
1 | | 2-70.
|
2 | | As used in this Section, "certified manufacturer" means a |
3 | | person certified by the Department of Commerce and Economic |
4 | | Opportunity under Section 105 of the Reimagining Energy and |
5 | | Vehicles in Illinois Act. |
6 | | (Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23.) |
7 | | (35 ILCS 120/5n) |
8 | | Sec. 5n. Building materials exemption; microchip and |
9 | | semiconductor manufacturing. Each retailer who makes a sale of |
10 | | building materials that will be incorporated into real estate |
11 | | in a qualified facility for which a certificate of exemption |
12 | | has been issued by the Department of Commerce and Economic |
13 | | Opportunity under Section 110-105 of the Manufacturing |
14 | | Illinois Chips for Real Opportunity (MICRO) Act, may deduct |
15 | | receipts from such sales when calculating any State or local |
16 | | use and occupation taxes. No retailer who is eligible for the |
17 | | deduction or credit under Section 5k of this Act related to |
18 | | enterprise zones or Section 5l of this Act related to High |
19 | | Impact Businesses for a given sale shall be eligible for the |
20 | | deduction or credit authorized under this Section for that |
21 | | same sale. |
22 | | To In addition to any other requirements to document the |
23 | | exemption allowed under this Section, the retailer must obtain |
24 | | from the purchaser the purchaser's exemption certificate |
25 | | number issued by the Department and a certification that |
|
| | HB5412 Engrossed | - 20 - | LRB103 34192 HLH 64015 b |
|
|
1 | | contains: . |
2 | | (1) a statement that the building materials are being |
3 | | purchased for incorporation into real estate in a |
4 | | qualified facility; |
5 | | (2) the location or address of the real estate into |
6 | | which the building materials will be incorporated; |
7 | | (3) the name and address of the construction |
8 | | contractor or other entity; |
9 | | (4) a description of the building materials being |
10 | | purchased; |
11 | | (5) the purchaser's MICRO Illinois Building Materials |
12 | | Exemption Certificate number issued by the Department of |
13 | | Revenue; and |
14 | | (6) the purchaser's signature and date of purchase. |
15 | | A construction contractor or other entity shall not make |
16 | | tax-free purchases unless it has an active exemption |
17 | | certificate issued by the Department at the time of purchase. |
18 | | Upon request from a person that has been certified by the |
19 | | Department of Commerce and Economic Opportunity under the |
20 | | Manufacturing Illinois Chips for Real Opportunity (MICRO) Act, |
21 | | the Department shall issue a MICRO Illinois Building Materials |
22 | | Exemption Certificate for each construction contractor or |
23 | | other entity identified by the person so certified. The |
24 | | Department shall make the MICRO Illinois Building Materials |
25 | | Exemption Certificates available to each construction |
26 | | contractor or other entity as well as the person certified |
|
| | HB5412 Engrossed | - 21 - | LRB103 34192 HLH 64015 b |
|
|
1 | | under the Manufacturing Illinois Chips for Real Opportunity |
2 | | (MICRO) Act. The request for MICRO Illinois Building Materials |
3 | | Exemption Certificates must include the following information: |
4 | | (1) the name and address of the construction |
5 | | contractor or other entity; |
6 | | (2) the name and location or address of the building |
7 | | project site; |
8 | | (3) the estimated amount of the exemption for each |
9 | | construction contractor or other entity for which a |
10 | | request for an exemption certificate is made, based on a |
11 | | stated estimated average tax rate and the percentage of |
12 | | the contract that consists of materials; |
13 | | (4) the period of time over which supplies for the |
14 | | project are expected to be purchased; and |
15 | | (5) other reasonable information as the Department may |
16 | | require, including but not limited to FEIN numbers, to |
17 | | determine if the contractor or other entity, or any |
18 | | partner, or a corporate officer, and in the case of a |
19 | | limited liability company, any manager or member, of the |
20 | | construction contractor or other entity, is or has been |
21 | | the owner, a partner, a corporate officer, and in the case |
22 | | of a limited liability company, a manager or member, of a |
23 | | person that is in default for moneys due to the Department |
24 | | under this Act or any other tax or fee Act administered by |
25 | | the Department. |
26 | | The Department shall issue the exemption certificate |
|
| | HB5412 Engrossed | - 22 - | LRB103 34192 HLH 64015 b |
|
|
1 | | within 3 business days after receipt of request. This |
2 | | requirement does not apply in circumstances where the |
3 | | Department, for reasonable cause, is unable to issue the |
4 | | exemption certificate within 3 business days. The Department |
5 | | may refuse to issue an exemption certificate under this |
6 | | Section if the owner, any partner, or a corporate officer, and |
7 | | in the case of a limited liability company, any manager or |
8 | | member, of the construction contractor or other entity is or |
9 | | has been the owner, a partner, a corporate officer, and in the |
10 | | case of a limited liability company, a manager or member, of a |
11 | | person that is in default for moneys due to the Department |
12 | | under this Act or any other tax or fee Act administered by the |
13 | | Department. |
14 | | The MICRO Illinois Building Materials Exemption |
15 | | Certificate shall contain language stating that, if the |
16 | | construction contractor or other entity who is issued the |
17 | | exemption certificate makes a tax-exempt purchase, as |
18 | | described in this Section, that is not eligible for exemption |
19 | | under this Section or allows another person to make a |
20 | | tax-exempt purchase, as described in this Section, that is not |
21 | | eligible for exemption under this Section, then, in addition |
22 | | to any tax or other penalty imposed, the construction |
23 | | contractor or other entity is subject to a penalty equal to the |
24 | | tax that would have been paid by the retailer under this Act as |
25 | | well as any applicable local retailers' occupation tax on the |
26 | | purchase that is not eligible for the exemption. |
|
| | HB5412 Engrossed | - 23 - | LRB103 34192 HLH 64015 b |
|
|
1 | | The Department, in its discretion, may require that the |
2 | | request for a MICRO Illinois Exemption Certificate be |
3 | | submitted electronically. The Department may, in its |
4 | | discretion, issue the exemption certificates electronically. |
5 | | The MICRO Illinois Building Materials Exemption Certificate |
6 | | number shall be designed in such a way that the Department can |
7 | | identify from the unique number on the exemption certificate |
8 | | issued to a given construction contractor or other entity, the |
9 | | name of the entity to whom the exemption certificate is |
10 | | issued. The MICRO Illinois Building Materials Exemption |
11 | | Certificate shall contain an expiration date, which shall be |
12 | | no more than 5 years after the date of issuance. At the request |
13 | | of the entity to whom the exemption certificate is issued, the |
14 | | Department may renew an exemption certificate issued under |
15 | | this Section. After the Department issues exemption |
16 | | certificates under this Section, the certified entity may |
17 | | notify the Department of additional construction contractors |
18 | | or other entities eligible for an exemption certificate under |
19 | | this Section. Upon such a notification and subject to the |
20 | | other provisions of this Section, the Department shall issue |
21 | | an exemption certificate to each additional qualified |
22 | | construction contractor or other entity so identified. A |
23 | | certified entity may notify the Department to rescind an |
24 | | exemption certificate previously issued by the Department that |
25 | | has not yet expired. Upon such a notification and subject to |
26 | | the other provisions of this Section, the Department shall |
|
| | HB5412 Engrossed | - 24 - | LRB103 34192 HLH 64015 b |
|
|
1 | | rescind the exemption certificate. |
2 | | If the Department of Revenue determines that a |
3 | | construction contractor or other entity that was issued an |
4 | | exemption certificate under this Section made a tax-exempt |
5 | | purchase, as described in this Section, that was not eligible |
6 | | for exemption under this Section or allowed another person to |
7 | | make a tax-exempt purchase, as described in this Section, that |
8 | | was not eligible for exemption under this Section, then, in |
9 | | addition to any tax or other penalty imposed, the construction |
10 | | contractor or other entity is subject to a penalty equal to the |
11 | | tax that would have been paid by the retailer under this Act as |
12 | | well as any applicable local retailers' occupation tax on the |
13 | | purchase that was not eligible for the exemption. |
14 | | This Section is exempt from the provisions of Section |
15 | | 2-70.
|
16 | | (Source: P.A. 102-700, eff. 4-19-22.)
|
17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.
|