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1 | AN ACT concerning firearm safety. | |||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||||
4 | Section 5. The Department of Commerce and Economic | |||||||||||||||||||||||||||||
5 | Opportunity Law of the Civil Administrative Code of Illinois | |||||||||||||||||||||||||||||
6 | is amended by adding Section 605-1115 as follows: | |||||||||||||||||||||||||||||
7 | (20 ILCS 605/605-1115 new) | |||||||||||||||||||||||||||||
8 | Sec. 605-1115. Firearm Safety Rebate Program. | |||||||||||||||||||||||||||||
9 | (a) Subject to appropriation, the Department shall | |||||||||||||||||||||||||||||
10 | administer a program to award use and occupation tax rebates | |||||||||||||||||||||||||||||
11 | to consumers who purchase firearm safety devices on or after | |||||||||||||||||||||||||||||
12 | January 1, 2025. The amount of the rebate shall be equal to the | |||||||||||||||||||||||||||||
13 | taxes paid by the consumer under the Use Tax Act, the Service | |||||||||||||||||||||||||||||
14 | Use Tax Act, the Service Occupation Tax Act, and the | |||||||||||||||||||||||||||||
15 | Retailers' Occupation Tax Act with respect to the purchase of | |||||||||||||||||||||||||||||
16 | a firearm safety device, but not to exceed $300 for any firearm | |||||||||||||||||||||||||||||
17 | safety device. Participants shall apply to the Department in | |||||||||||||||||||||||||||||
18 | the form and manner prescribed by the Department by rule. | |||||||||||||||||||||||||||||
19 | (b) The Firearm Safety Rebate Fund is hereby created as a | |||||||||||||||||||||||||||||
20 | special fund in the State treasury. Moneys in the Fund shall be | |||||||||||||||||||||||||||||
21 | used by the Department to administer the program described in | |||||||||||||||||||||||||||||
22 | subsection (a). | |||||||||||||||||||||||||||||
23 | (c) As used in this Section, "firearm safety device" means |
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1 | a secured locked box or container designed as a gun safe or a | ||||||
2 | device or mechanism, other than the firearm safety, designed | ||||||
3 | to render a firearm temporarily inoperable. | ||||||
4 | Section 10. The State Finance Act is amended by adding | ||||||
5 | Section 5.1015 as follows: | ||||||
6 | (30 ILCS 105/5.1015 new) | ||||||
7 | Sec. 5.1015. The Firearm Safety Rebate Fund. | ||||||
8 | Section 15. The Use Tax Act is amended by changing Section | ||||||
9 | 9 as follows: | ||||||
10 | (35 ILCS 105/9) (from Ch. 120, par. 439.9) | ||||||
11 | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||||||
12 | and trailers that are required to be registered with an agency | ||||||
13 | of this State, each retailer required or authorized to collect | ||||||
14 | the tax imposed by this Act shall pay to the Department the | ||||||
15 | amount of such tax (except as otherwise provided) at the time | ||||||
16 | when he is required to file his return for the period during | ||||||
17 | which such tax was collected, less a discount of 2.1% prior to | ||||||
18 | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||||||
19 | per calendar year, whichever is greater, which is allowed to | ||||||
20 | reimburse the retailer for expenses incurred in collecting the | ||||||
21 | tax, keeping records, preparing and filing returns, remitting | ||||||
22 | the tax and supplying data to the Department on request. When |
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1 | determining the discount allowed under this Section, retailers | ||||||
2 | shall include the amount of tax that would have been due at the | ||||||
3 | 6.25% rate but for the 1.25% rate imposed on sales tax holiday | ||||||
4 | items under Public Act 102-700. The discount under this | ||||||
5 | Section is not allowed for the 1.25% portion of taxes paid on | ||||||
6 | aviation fuel that is subject to the revenue use requirements | ||||||
7 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. When determining | ||||||
8 | the discount allowed under this Section, retailers shall | ||||||
9 | include the amount of tax that would have been due at the 1% | ||||||
10 | rate but for the 0% rate imposed under Public Act 102-700. In | ||||||
11 | the case of retailers who report and pay the tax on a | ||||||
12 | transaction by transaction basis, as provided in this Section, | ||||||
13 | such discount shall be taken with each such tax remittance | ||||||
14 | instead of when such retailer files his periodic return. The | ||||||
15 | discount allowed under this Section is allowed only for | ||||||
16 | returns that are filed in the manner required by this Act. The | ||||||
17 | Department may disallow the discount for retailers whose | ||||||
18 | certificate of registration is revoked at the time the return | ||||||
19 | is filed, but only if the Department's decision to revoke the | ||||||
20 | certificate of registration has become final. A retailer need | ||||||
21 | not remit that part of any tax collected by him to the extent | ||||||
22 | that he is required to remit and does remit the tax imposed by | ||||||
23 | the Retailers' Occupation Tax Act, with respect to the sale of | ||||||
24 | the same property. | ||||||
25 | Where such tangible personal property is sold under a | ||||||
26 | conditional sales contract, or under any other form of sale |
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1 | wherein the payment of the principal sum, or a part thereof, is | ||||||
2 | extended beyond the close of the period for which the return is | ||||||
3 | filed, the retailer, in collecting the tax (except as to motor | ||||||
4 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
5 | to be registered with an agency of this State), may collect for | ||||||
6 | each tax return period, only the tax applicable to that part of | ||||||
7 | the selling price actually received during such tax return | ||||||
8 | period. | ||||||
9 | Except as provided in this Section, on or before the | ||||||
10 | twentieth day of each calendar month, such retailer shall file | ||||||
11 | a return for the preceding calendar month. Such return shall | ||||||
12 | be filed on forms prescribed by the Department and shall | ||||||
13 | furnish such information as the Department may reasonably | ||||||
14 | require. The return shall include the gross receipts on food | ||||||
15 | for human consumption that is to be consumed off the premises | ||||||
16 | where it is sold (other than alcoholic beverages, food | ||||||
17 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
18 | and food that has been prepared for immediate consumption) | ||||||
19 | which were received during the preceding calendar month, | ||||||
20 | quarter, or year, as appropriate, and upon which tax would | ||||||
21 | have been due but for the 0% rate imposed under Public Act | ||||||
22 | 102-700. The return shall also include the amount of tax that | ||||||
23 | would have been due on food for human consumption that is to be | ||||||
24 | consumed off the premises where it is sold (other than | ||||||
25 | alcoholic beverages, food consisting of or infused with adult | ||||||
26 | use cannabis, soft drinks, and food that has been prepared for |
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1 | immediate consumption) but for the 0% rate imposed under | ||||||
2 | Public Act 102-700. | ||||||
3 | On and after January 1, 2018, except for returns required | ||||||
4 | to be filed prior to January 1, 2023 for motor vehicles, | ||||||
5 | watercraft, aircraft, and trailers that are required to be | ||||||
6 | registered with an agency of this State, with respect to | ||||||
7 | retailers whose annual gross receipts average $20,000 or more, | ||||||
8 | all returns required to be filed pursuant to this Act shall be | ||||||
9 | filed electronically. On and after January 1, 2023, with | ||||||
10 | respect to retailers whose annual gross receipts average | ||||||
11 | $20,000 or more, all returns required to be filed pursuant to | ||||||
12 | this Act, including, but not limited to, returns for motor | ||||||
13 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
14 | to be registered with an agency of this State, shall be filed | ||||||
15 | electronically. Retailers who demonstrate that they do not | ||||||
16 | have access to the Internet or demonstrate hardship in filing | ||||||
17 | electronically may petition the Department to waive the | ||||||
18 | electronic filing requirement. | ||||||
19 | The Department may require returns to be filed on a | ||||||
20 | quarterly basis. If so required, a return for each calendar | ||||||
21 | quarter shall be filed on or before the twentieth day of the | ||||||
22 | calendar month following the end of such calendar quarter. The | ||||||
23 | taxpayer shall also file a return with the Department for each | ||||||
24 | of the first two months of each calendar quarter, on or before | ||||||
25 | the twentieth day of the following calendar month, stating: | ||||||
26 | 1. The name of the seller; |
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1 | 2. The address of the principal place of business from | ||||||
2 | which he engages in the business of selling tangible | ||||||
3 | personal property at retail in this State; | ||||||
4 | 3. The total amount of taxable receipts received by | ||||||
5 | him during the preceding calendar month from sales of | ||||||
6 | tangible personal property by him during such preceding | ||||||
7 | calendar month, including receipts from charge and time | ||||||
8 | sales, but less all deductions allowed by law; | ||||||
9 | 4. The amount of credit provided in Section 2d of this | ||||||
10 | Act; | ||||||
11 | 5. The amount of tax due; | ||||||
12 | 5-5. The signature of the taxpayer; and | ||||||
13 | 6. Such other reasonable information as the Department | ||||||
14 | may require. | ||||||
15 | Each retailer required or authorized to collect the tax | ||||||
16 | imposed by this Act on aviation fuel sold at retail in this | ||||||
17 | State during the preceding calendar month shall, instead of | ||||||
18 | reporting and paying tax on aviation fuel as otherwise | ||||||
19 | required by this Section, report and pay such tax on a separate | ||||||
20 | aviation fuel tax return. The requirements related to the | ||||||
21 | return shall be as otherwise provided in this Section. | ||||||
22 | Notwithstanding any other provisions of this Act to the | ||||||
23 | contrary, retailers collecting tax on aviation fuel shall file | ||||||
24 | all aviation fuel tax returns and shall make all aviation fuel | ||||||
25 | tax payments by electronic means in the manner and form | ||||||
26 | required by the Department. For purposes of this Section, |
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1 | "aviation fuel" means jet fuel and aviation gasoline. | ||||||
2 | If a taxpayer fails to sign a return within 30 days after | ||||||
3 | the proper notice and demand for signature by the Department, | ||||||
4 | the return shall be considered valid and any amount shown to be | ||||||
5 | due on the return shall be deemed assessed. | ||||||
6 | Notwithstanding any other provision of this Act to the | ||||||
7 | contrary, retailers subject to tax on cannabis shall file all | ||||||
8 | cannabis tax returns and shall make all cannabis tax payments | ||||||
9 | by electronic means in the manner and form required by the | ||||||
10 | Department. | ||||||
11 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
12 | monthly tax liability of $150,000 or more shall make all | ||||||
13 | payments required by rules of the Department by electronic | ||||||
14 | funds transfer. Beginning October 1, 1994, a taxpayer who has | ||||||
15 | an average monthly tax liability of $100,000 or more shall | ||||||
16 | make all payments required by rules of the Department by | ||||||
17 | electronic funds transfer. Beginning October 1, 1995, a | ||||||
18 | taxpayer who has an average monthly tax liability of $50,000 | ||||||
19 | or more shall make all payments required by rules of the | ||||||
20 | Department by electronic funds transfer. Beginning October 1, | ||||||
21 | 2000, a taxpayer who has an annual tax liability of $200,000 or | ||||||
22 | more shall make all payments required by rules of the | ||||||
23 | Department by electronic funds transfer. The term "annual tax | ||||||
24 | liability" shall be the sum of the taxpayer's liabilities | ||||||
25 | under this Act, and under all other State and local occupation | ||||||
26 | and use tax laws administered by the Department, for the |
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1 | immediately preceding calendar year. The term "average monthly | ||||||
2 | tax liability" means the sum of the taxpayer's liabilities | ||||||
3 | under this Act, and under all other State and local occupation | ||||||
4 | and use tax laws administered by the Department, for the | ||||||
5 | immediately preceding calendar year divided by 12. Beginning | ||||||
6 | on October 1, 2002, a taxpayer who has a tax liability in the | ||||||
7 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
8 | Department of Revenue Law shall make all payments required by | ||||||
9 | rules of the Department by electronic funds transfer. | ||||||
10 | Before August 1 of each year beginning in 1993, the | ||||||
11 | Department shall notify all taxpayers required to make | ||||||
12 | payments by electronic funds transfer. All taxpayers required | ||||||
13 | to make payments by electronic funds transfer shall make those | ||||||
14 | payments for a minimum of one year beginning on October 1. | ||||||
15 | Any taxpayer not required to make payments by electronic | ||||||
16 | funds transfer may make payments by electronic funds transfer | ||||||
17 | with the permission of the Department. | ||||||
18 | All taxpayers required to make payment by electronic funds | ||||||
19 | transfer and any taxpayers authorized to voluntarily make | ||||||
20 | payments by electronic funds transfer shall make those | ||||||
21 | payments in the manner authorized by the Department. | ||||||
22 | The Department shall adopt such rules as are necessary to | ||||||
23 | effectuate a program of electronic funds transfer and the | ||||||
24 | requirements of this Section. | ||||||
25 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
26 | tax liability to the Department under this Act, the Retailers' |
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1 | Occupation Tax Act, the Service Occupation Tax Act, the | ||||||
2 | Service Use Tax Act was $10,000 or more during the preceding 4 | ||||||
3 | complete calendar quarters, he shall file a return with the | ||||||
4 | Department each month by the 20th day of the month next | ||||||
5 | following the month during which such tax liability is | ||||||
6 | incurred and shall make payments to the Department on or | ||||||
7 | before the 7th, 15th, 22nd and last day of the month during | ||||||
8 | which such liability is incurred. On and after October 1, | ||||||
9 | 2000, if the taxpayer's average monthly tax liability to the | ||||||
10 | Department under this Act, the Retailers' Occupation Tax Act, | ||||||
11 | the Service Occupation Tax Act, and the Service Use Tax Act was | ||||||
12 | $20,000 or more during the preceding 4 complete calendar | ||||||
13 | quarters, he shall file a return with the Department each | ||||||
14 | month by the 20th day of the month next following the month | ||||||
15 | during which such tax liability is incurred and shall make | ||||||
16 | payment to the Department on or before the 7th, 15th, 22nd and | ||||||
17 | last day of the month during which such liability is incurred. | ||||||
18 | If the month during which such tax liability is incurred began | ||||||
19 | prior to January 1, 1985, each payment shall be in an amount | ||||||
20 | equal to 1/4 of the taxpayer's actual liability for the month | ||||||
21 | or an amount set by the Department not to exceed 1/4 of the | ||||||
22 | average monthly liability of the taxpayer to the Department | ||||||
23 | for the preceding 4 complete calendar quarters (excluding the | ||||||
24 | month of highest liability and the month of lowest liability | ||||||
25 | in such 4 quarter period). If the month during which such tax | ||||||
26 | liability is incurred begins on or after January 1, 1985, and |
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1 | prior to January 1, 1987, each payment shall be in an amount | ||||||
2 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
3 | month or 27.5% of the taxpayer's liability for the same | ||||||
4 | calendar month of the preceding year. If the month during | ||||||
5 | which such tax liability is incurred begins on or after | ||||||
6 | January 1, 1987, and prior to January 1, 1988, each payment | ||||||
7 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
8 | liability for the month or 26.25% of the taxpayer's liability | ||||||
9 | for the same calendar month of the preceding year. If the month | ||||||
10 | during which such tax liability is incurred begins on or after | ||||||
11 | January 1, 1988, and prior to January 1, 1989, or begins on or | ||||||
12 | after January 1, 1996, each payment shall be in an amount equal | ||||||
13 | to 22.5% of the taxpayer's actual liability for the month or | ||||||
14 | 25% of the taxpayer's liability for the same calendar month of | ||||||
15 | the preceding year. If the month during which such tax | ||||||
16 | liability is incurred begins on or after January 1, 1989, and | ||||||
17 | prior to January 1, 1996, each payment shall be in an amount | ||||||
18 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
19 | month or 25% of the taxpayer's liability for the same calendar | ||||||
20 | month of the preceding year or 100% of the taxpayer's actual | ||||||
21 | liability for the quarter monthly reporting period. The amount | ||||||
22 | of such quarter monthly payments shall be credited against the | ||||||
23 | final tax liability of the taxpayer's return for that month. | ||||||
24 | Before October 1, 2000, once applicable, the requirement of | ||||||
25 | the making of quarter monthly payments to the Department shall | ||||||
26 | continue until such taxpayer's average monthly liability to |
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1 | the Department during the preceding 4 complete calendar | ||||||
2 | quarters (excluding the month of highest liability and the | ||||||
3 | month of lowest liability) is less than $9,000, or until such | ||||||
4 | taxpayer's average monthly liability to the Department as | ||||||
5 | computed for each calendar quarter of the 4 preceding complete | ||||||
6 | calendar quarter period is less than $10,000. However, if a | ||||||
7 | taxpayer can show the Department that a substantial change in | ||||||
8 | the taxpayer's business has occurred which causes the taxpayer | ||||||
9 | to anticipate that his average monthly tax liability for the | ||||||
10 | reasonably foreseeable future will fall below the $10,000 | ||||||
11 | threshold stated above, then such taxpayer may petition the | ||||||
12 | Department for change in such taxpayer's reporting status. On | ||||||
13 | and after October 1, 2000, once applicable, the requirement of | ||||||
14 | the making of quarter monthly payments to the Department shall | ||||||
15 | continue until such taxpayer's average monthly liability to | ||||||
16 | the Department during the preceding 4 complete calendar | ||||||
17 | quarters (excluding the month of highest liability and the | ||||||
18 | month of lowest liability) is less than $19,000 or until such | ||||||
19 | taxpayer's average monthly liability to the Department as | ||||||
20 | computed for each calendar quarter of the 4 preceding complete | ||||||
21 | calendar quarter period is less than $20,000. However, if a | ||||||
22 | taxpayer can show the Department that a substantial change in | ||||||
23 | the taxpayer's business has occurred which causes the taxpayer | ||||||
24 | to anticipate that his average monthly tax liability for the | ||||||
25 | reasonably foreseeable future will fall below the $20,000 | ||||||
26 | threshold stated above, then such taxpayer may petition the |
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1 | Department for a change in such taxpayer's reporting status. | ||||||
2 | The Department shall change such taxpayer's reporting status | ||||||
3 | unless it finds that such change is seasonal in nature and not | ||||||
4 | likely to be long term. Quarter monthly payment status shall | ||||||
5 | be determined under this paragraph as if the rate reduction to | ||||||
6 | 1.25% in Public Act 102-700 on sales tax holiday items had not | ||||||
7 | occurred. For quarter monthly payments due on or after July 1, | ||||||
8 | 2023 and through June 30, 2024, "25% of the taxpayer's | ||||||
9 | liability for the same calendar month of the preceding year" | ||||||
10 | shall be determined as if the rate reduction to 1.25% in Public | ||||||
11 | Act 102-700 on sales tax holiday items had not occurred. | ||||||
12 | Quarter monthly payment status shall be determined under this | ||||||
13 | paragraph as if the rate reduction to 0% in Public Act 102-700 | ||||||
14 | on food for human consumption that is to be consumed off the | ||||||
15 | premises where it is sold (other than alcoholic beverages, | ||||||
16 | food consisting of or infused with adult use cannabis, soft | ||||||
17 | drinks, and food that has been prepared for immediate | ||||||
18 | consumption) had not occurred. For quarter monthly payments | ||||||
19 | due under this paragraph on or after July 1, 2023 and through | ||||||
20 | June 30, 2024, "25% of the taxpayer's liability for the same | ||||||
21 | calendar month of the preceding year" shall be determined as | ||||||
22 | if the rate reduction to 0% in Public Act 102-700 had not | ||||||
23 | occurred. If any such quarter monthly payment is not paid at | ||||||
24 | the time or in the amount required by this Section, then the | ||||||
25 | taxpayer shall be liable for penalties and interest on the | ||||||
26 | difference between the minimum amount due and the amount of |
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1 | such quarter monthly payment actually and timely paid, except | ||||||
2 | insofar as the taxpayer has previously made payments for that | ||||||
3 | month to the Department in excess of the minimum payments | ||||||
4 | previously due as provided in this Section. The Department | ||||||
5 | shall make reasonable rules and regulations to govern the | ||||||
6 | quarter monthly payment amount and quarter monthly payment | ||||||
7 | dates for taxpayers who file on other than a calendar monthly | ||||||
8 | basis. | ||||||
9 | If any such payment provided for in this Section exceeds | ||||||
10 | the taxpayer's liabilities under this Act, the Retailers' | ||||||
11 | Occupation Tax Act, the Service Occupation Tax Act and the | ||||||
12 | Service Use Tax Act, as shown by an original monthly return, | ||||||
13 | the Department shall issue to the taxpayer a credit memorandum | ||||||
14 | no later than 30 days after the date of payment, which | ||||||
15 | memorandum may be submitted by the taxpayer to the Department | ||||||
16 | in payment of tax liability subsequently to be remitted by the | ||||||
17 | taxpayer to the Department or be assigned by the taxpayer to a | ||||||
18 | similar taxpayer under this Act, the Retailers' Occupation Tax | ||||||
19 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
20 | in accordance with reasonable rules and regulations to be | ||||||
21 | prescribed by the Department, except that if such excess | ||||||
22 | payment is shown on an original monthly return and is made | ||||||
23 | after December 31, 1986, no credit memorandum shall be issued, | ||||||
24 | unless requested by the taxpayer. If no such request is made, | ||||||
25 | the taxpayer may credit such excess payment against tax | ||||||
26 | liability subsequently to be remitted by the taxpayer to the |
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1 | Department under this Act, the Retailers' Occupation Tax Act, | ||||||
2 | the Service Occupation Tax Act or the Service Use Tax Act, in | ||||||
3 | accordance with reasonable rules and regulations prescribed by | ||||||
4 | the Department. If the Department subsequently determines that | ||||||
5 | all or any part of the credit taken was not actually due to the | ||||||
6 | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||||||
7 | be reduced by 2.1% or 1.75% of the difference between the | ||||||
8 | credit taken and that actually due, and the taxpayer shall be | ||||||
9 | liable for penalties and interest on such difference. | ||||||
10 | If the retailer is otherwise required to file a monthly | ||||||
11 | return and if the retailer's average monthly tax liability to | ||||||
12 | the Department does not exceed $200, the Department may | ||||||
13 | authorize his returns to be filed on a quarter annual basis, | ||||||
14 | with the return for January, February, and March of a given | ||||||
15 | year being due by April 20 of such year; with the return for | ||||||
16 | April, May and June of a given year being due by July 20 of | ||||||
17 | such year; with the return for July, August and September of a | ||||||
18 | given year being due by October 20 of such year, and with the | ||||||
19 | return for October, November and December of a given year | ||||||
20 | being due by January 20 of the following year. | ||||||
21 | If the retailer is otherwise required to file a monthly or | ||||||
22 | quarterly return and if the retailer's average monthly tax | ||||||
23 | liability to the Department does not exceed $50, the | ||||||
24 | Department may authorize his returns to be filed on an annual | ||||||
25 | basis, with the return for a given year being due by January 20 | ||||||
26 | of the following year. |
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1 | Such quarter annual and annual returns, as to form and | ||||||
2 | substance, shall be subject to the same requirements as | ||||||
3 | monthly returns. | ||||||
4 | Notwithstanding any other provision in this Act concerning | ||||||
5 | the time within which a retailer may file his return, in the | ||||||
6 | case of any retailer who ceases to engage in a kind of business | ||||||
7 | which makes him responsible for filing returns under this Act, | ||||||
8 | such retailer shall file a final return under this Act with the | ||||||
9 | Department not more than one month after discontinuing such | ||||||
10 | business. | ||||||
11 | In addition, with respect to motor vehicles, watercraft, | ||||||
12 | aircraft, and trailers that are required to be registered with | ||||||
13 | an agency of this State, except as otherwise provided in this | ||||||
14 | Section, every retailer selling this kind of tangible personal | ||||||
15 | property shall file, with the Department, upon a form to be | ||||||
16 | prescribed and supplied by the Department, a separate return | ||||||
17 | for each such item of tangible personal property which the | ||||||
18 | retailer sells, except that if, in the same transaction, (i) a | ||||||
19 | retailer of aircraft, watercraft, motor vehicles or trailers | ||||||
20 | transfers more than one aircraft, watercraft, motor vehicle or | ||||||
21 | trailer to another aircraft, watercraft, motor vehicle or | ||||||
22 | trailer retailer for the purpose of resale or (ii) a retailer | ||||||
23 | of aircraft, watercraft, motor vehicles, or trailers transfers | ||||||
24 | more than one aircraft, watercraft, motor vehicle, or trailer | ||||||
25 | to a purchaser for use as a qualifying rolling stock as | ||||||
26 | provided in Section 3-55 of this Act, then that seller may |
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1 | report the transfer of all the aircraft, watercraft, motor | ||||||
2 | vehicles or trailers involved in that transaction to the | ||||||
3 | Department on the same uniform invoice-transaction reporting | ||||||
4 | return form. For purposes of this Section, "watercraft" means | ||||||
5 | a Class 2, Class 3, or Class 4 watercraft as defined in Section | ||||||
6 | 3-2 of the Boat Registration and Safety Act, a personal | ||||||
7 | watercraft, or any boat equipped with an inboard motor. | ||||||
8 | In addition, with respect to motor vehicles, watercraft, | ||||||
9 | aircraft, and trailers that are required to be registered with | ||||||
10 | an agency of this State, every person who is engaged in the | ||||||
11 | business of leasing or renting such items and who, in | ||||||
12 | connection with such business, sells any such item to a | ||||||
13 | retailer for the purpose of resale is, notwithstanding any | ||||||
14 | other provision of this Section to the contrary, authorized to | ||||||
15 | meet the return-filing requirement of this Act by reporting | ||||||
16 | the transfer of all the aircraft, watercraft, motor vehicles, | ||||||
17 | or trailers transferred for resale during a month to the | ||||||
18 | Department on the same uniform invoice-transaction reporting | ||||||
19 | return form on or before the 20th of the month following the | ||||||
20 | month in which the transfer takes place. Notwithstanding any | ||||||
21 | other provision of this Act to the contrary, all returns filed | ||||||
22 | under this paragraph must be filed by electronic means in the | ||||||
23 | manner and form as required by the Department. | ||||||
24 | The transaction reporting return in the case of motor | ||||||
25 | vehicles or trailers that are required to be registered with | ||||||
26 | an agency of this State, shall be the same document as the |
| |||||||
| |||||||
1 | Uniform Invoice referred to in Section 5-402 of the Illinois | ||||||
2 | Vehicle Code and must show the name and address of the seller; | ||||||
3 | the name and address of the purchaser; the amount of the | ||||||
4 | selling price including the amount allowed by the retailer for | ||||||
5 | traded-in property, if any; the amount allowed by the retailer | ||||||
6 | for the traded-in tangible personal property, if any, to the | ||||||
7 | extent to which Section 2 of this Act allows an exemption for | ||||||
8 | the value of traded-in property; the balance payable after | ||||||
9 | deducting such trade-in allowance from the total selling | ||||||
10 | price; the amount of tax due from the retailer with respect to | ||||||
11 | such transaction; the amount of tax collected from the | ||||||
12 | purchaser by the retailer on such transaction (or satisfactory | ||||||
13 | evidence that such tax is not due in that particular instance, | ||||||
14 | if that is claimed to be the fact); the place and date of the | ||||||
15 | sale; a sufficient identification of the property sold; such | ||||||
16 | other information as is required in Section 5-402 of the | ||||||
17 | Illinois Vehicle Code, and such other information as the | ||||||
18 | Department may reasonably require. | ||||||
19 | The transaction reporting return in the case of watercraft | ||||||
20 | and aircraft must show the name and address of the seller; the | ||||||
21 | name and address of the purchaser; the amount of the selling | ||||||
22 | price including the amount allowed by the retailer for | ||||||
23 | traded-in property, if any; the amount allowed by the retailer | ||||||
24 | for the traded-in tangible personal property, if any, to the | ||||||
25 | extent to which Section 2 of this Act allows an exemption for | ||||||
26 | the value of traded-in property; the balance payable after |
| |||||||
| |||||||
1 | deducting such trade-in allowance from the total selling | ||||||
2 | price; the amount of tax due from the retailer with respect to | ||||||
3 | such transaction; the amount of tax collected from the | ||||||
4 | purchaser by the retailer on such transaction (or satisfactory | ||||||
5 | evidence that such tax is not due in that particular instance, | ||||||
6 | if that is claimed to be the fact); the place and date of the | ||||||
7 | sale, a sufficient identification of the property sold, and | ||||||
8 | such other information as the Department may reasonably | ||||||
9 | require. | ||||||
10 | Such transaction reporting return shall be filed not later | ||||||
11 | than 20 days after the date of delivery of the item that is | ||||||
12 | being sold, but may be filed by the retailer at any time sooner | ||||||
13 | than that if he chooses to do so. The transaction reporting | ||||||
14 | return and tax remittance or proof of exemption from the tax | ||||||
15 | that is imposed by this Act may be transmitted to the | ||||||
16 | Department by way of the State agency with which, or State | ||||||
17 | officer with whom, the tangible personal property must be | ||||||
18 | titled or registered (if titling or registration is required) | ||||||
19 | if the Department and such agency or State officer determine | ||||||
20 | that this procedure will expedite the processing of | ||||||
21 | applications for title or registration. | ||||||
22 | With each such transaction reporting return, the retailer | ||||||
23 | shall remit the proper amount of tax due (or shall submit | ||||||
24 | satisfactory evidence that the sale is not taxable if that is | ||||||
25 | the case), to the Department or its agents, whereupon the | ||||||
26 | Department shall issue, in the purchaser's name, a tax receipt |
| |||||||
| |||||||
1 | (or a certificate of exemption if the Department is satisfied | ||||||
2 | that the particular sale is tax exempt) which such purchaser | ||||||
3 | may submit to the agency with which, or State officer with | ||||||
4 | whom, he must title or register the tangible personal property | ||||||
5 | that is involved (if titling or registration is required) in | ||||||
6 | support of such purchaser's application for an Illinois | ||||||
7 | certificate or other evidence of title or registration to such | ||||||
8 | tangible personal property. | ||||||
9 | No retailer's failure or refusal to remit tax under this | ||||||
10 | Act precludes a user, who has paid the proper tax to the | ||||||
11 | retailer, from obtaining his certificate of title or other | ||||||
12 | evidence of title or registration (if titling or registration | ||||||
13 | is required) upon satisfying the Department that such user has | ||||||
14 | paid the proper tax (if tax is due) to the retailer. The | ||||||
15 | Department shall adopt appropriate rules to carry out the | ||||||
16 | mandate of this paragraph. | ||||||
17 | If the user who would otherwise pay tax to the retailer | ||||||
18 | wants the transaction reporting return filed and the payment | ||||||
19 | of tax or proof of exemption made to the Department before the | ||||||
20 | retailer is willing to take these actions and such user has not | ||||||
21 | paid the tax to the retailer, such user may certify to the fact | ||||||
22 | of such delay by the retailer, and may (upon the Department | ||||||
23 | being satisfied of the truth of such certification) transmit | ||||||
24 | the information required by the transaction reporting return | ||||||
25 | and the remittance for tax or proof of exemption directly to | ||||||
26 | the Department and obtain his tax receipt or exemption |
| |||||||
| |||||||
1 | determination, in which event the transaction reporting return | ||||||
2 | and tax remittance (if a tax payment was required) shall be | ||||||
3 | credited by the Department to the proper retailer's account | ||||||
4 | with the Department, but without the 2.1% or 1.75% discount | ||||||
5 | provided for in this Section being allowed. When the user pays | ||||||
6 | the tax directly to the Department, he shall pay the tax in the | ||||||
7 | same amount and in the same form in which it would be remitted | ||||||
8 | if the tax had been remitted to the Department by the retailer. | ||||||
9 | Where a retailer collects the tax with respect to the | ||||||
10 | selling price of tangible personal property which he sells and | ||||||
11 | the purchaser thereafter returns such tangible personal | ||||||
12 | property and the retailer refunds the selling price thereof to | ||||||
13 | the purchaser, such retailer shall also refund, to the | ||||||
14 | purchaser, the tax so collected from the purchaser. When | ||||||
15 | filing his return for the period in which he refunds such tax | ||||||
16 | to the purchaser, the retailer may deduct the amount of the tax | ||||||
17 | so refunded by him to the purchaser from any other use tax | ||||||
18 | which such retailer may be required to pay or remit to the | ||||||
19 | Department, as shown by such return, if the amount of the tax | ||||||
20 | to be deducted was previously remitted to the Department by | ||||||
21 | such retailer. If the retailer has not previously remitted the | ||||||
22 | amount of such tax to the Department, he is entitled to no | ||||||
23 | deduction under this Act upon refunding such tax to the | ||||||
24 | purchaser. | ||||||
25 | Any retailer filing a return under this Section shall also | ||||||
26 | include (for the purpose of paying tax thereon) the total tax |
| |||||||
| |||||||
1 | covered by such return upon the selling price of tangible | ||||||
2 | personal property purchased by him at retail from a retailer, | ||||||
3 | but as to which the tax imposed by this Act was not collected | ||||||
4 | from the retailer filing such return, and such retailer shall | ||||||
5 | remit the amount of such tax to the Department when filing such | ||||||
6 | return. | ||||||
7 | If experience indicates such action to be practicable, the | ||||||
8 | Department may prescribe and furnish a combination or joint | ||||||
9 | return which will enable retailers, who are required to file | ||||||
10 | returns hereunder and also under the Retailers' Occupation Tax | ||||||
11 | Act, to furnish all the return information required by both | ||||||
12 | Acts on the one form. | ||||||
13 | Where the retailer has more than one business registered | ||||||
14 | with the Department under separate registration under this | ||||||
15 | Act, such retailer may not file each return that is due as a | ||||||
16 | single return covering all such registered businesses, but | ||||||
17 | shall file separate returns for each such registered business. | ||||||
18 | Beginning January 1, 1990, each month the Department shall | ||||||
19 | pay into the State and Local Sales Tax Reform Fund, a special | ||||||
20 | fund in the State Treasury which is hereby created, the net | ||||||
21 | revenue realized for the preceding month from the 1% tax | ||||||
22 | imposed under this Act. | ||||||
23 | Beginning January 1, 1990, each month the Department shall | ||||||
24 | pay into the County and Mass Transit District Fund 4% of the | ||||||
25 | net revenue realized for the preceding month from the 6.25% | ||||||
26 | general rate on the selling price of tangible personal |
| |||||||
| |||||||
1 | property which is purchased outside Illinois at retail from a | ||||||
2 | retailer and which is titled or registered by an agency of this | ||||||
3 | State's government. | ||||||
4 | Beginning January 1, 1990, each month the Department shall | ||||||
5 | pay into the State and Local Sales Tax Reform Fund, a special | ||||||
6 | fund in the State Treasury, 20% of the net revenue realized for | ||||||
7 | the preceding month from the 6.25% general rate on the selling | ||||||
8 | price of tangible personal property, other than (i) tangible | ||||||
9 | personal property which is purchased outside Illinois at | ||||||
10 | retail from a retailer and which is titled or registered by an | ||||||
11 | agency of this State's government and (ii) aviation fuel sold | ||||||
12 | on or after December 1, 2019. This exception for aviation fuel | ||||||
13 | only applies for so long as the revenue use requirements of 49 | ||||||
14 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||||||
15 | For aviation fuel sold on or after December 1, 2019, each | ||||||
16 | month the Department shall pay into the State Aviation Program | ||||||
17 | Fund 20% of the net revenue realized for the preceding month | ||||||
18 | from the 6.25% general rate on the selling price of aviation | ||||||
19 | fuel, less an amount estimated by the Department to be | ||||||
20 | required for refunds of the 20% portion of the tax on aviation | ||||||
21 | fuel under this Act, which amount shall be deposited into the | ||||||
22 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
23 | pay moneys into the State Aviation Program Fund and the | ||||||
24 | Aviation Fuels Sales Tax Refund Fund under this Act for so long | ||||||
25 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
26 | U.S.C. 47133 are binding on the State. |
| |||||||
| |||||||
1 | Beginning August 1, 2000, each month the Department shall | ||||||
2 | pay into the State and Local Sales Tax Reform Fund 100% of the | ||||||
3 | net revenue realized for the preceding month from the 1.25% | ||||||
4 | rate on the selling price of motor fuel and gasohol. If, in any | ||||||
5 | month, the tax on sales tax holiday items, as defined in | ||||||
6 | Section 3-6, is imposed at the rate of 1.25%, then the | ||||||
7 | Department shall pay 100% of the net revenue realized for that | ||||||
8 | month from the 1.25% rate on the selling price of sales tax | ||||||
9 | holiday items into the State and Local Sales Tax Reform Fund. | ||||||
10 | Beginning January 1, 1990, each month the Department shall | ||||||
11 | pay into the Local Government Tax Fund 16% of the net revenue | ||||||
12 | realized for the preceding month from the 6.25% general rate | ||||||
13 | on the selling price of tangible personal property which is | ||||||
14 | purchased outside Illinois at retail from a retailer and which | ||||||
15 | is titled or registered by an agency of this State's | ||||||
16 | government. | ||||||
17 | Beginning October 1, 2009, each month the Department shall | ||||||
18 | pay into the Capital Projects Fund an amount that is equal to | ||||||
19 | an amount estimated by the Department to represent 80% of the | ||||||
20 | net revenue realized for the preceding month from the sale of | ||||||
21 | candy, grooming and hygiene products, and soft drinks that had | ||||||
22 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
23 | are now taxed at 6.25%. | ||||||
24 | Beginning July 1, 2011, each month the Department shall | ||||||
25 | pay into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
26 | realized for the preceding month from the 6.25% general rate |
| |||||||
| |||||||
1 | on the selling price of sorbents used in Illinois in the | ||||||
2 | process of sorbent injection as used to comply with the | ||||||
3 | Environmental Protection Act or the federal Clean Air Act, but | ||||||
4 | the total payment into the Clean Air Act Permit Fund under this | ||||||
5 | Act and the Retailers' Occupation Tax Act shall not exceed | ||||||
6 | $2,000,000 in any fiscal year. | ||||||
7 | Beginning July 1, 2013, each month the Department shall | ||||||
8 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
9 | collected under this Act, the Service Use Tax Act, the Service | ||||||
10 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
11 | amount equal to the average monthly deficit in the Underground | ||||||
12 | Storage Tank Fund during the prior year, as certified annually | ||||||
13 | by the Illinois Environmental Protection Agency, but the total | ||||||
14 | payment into the Underground Storage Tank Fund under this Act, | ||||||
15 | the Service Use Tax Act, the Service Occupation Tax Act, and | ||||||
16 | the Retailers' Occupation Tax Act shall not exceed $18,000,000 | ||||||
17 | in any State fiscal year. As used in this paragraph, the | ||||||
18 | "average monthly deficit" shall be equal to the difference | ||||||
19 | between the average monthly claims for payment by the fund and | ||||||
20 | the average monthly revenues deposited into the fund, | ||||||
21 | excluding payments made pursuant to this paragraph. | ||||||
22 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
23 | received by the Department under this Act, the Service Use Tax | ||||||
24 | Act, the Service Occupation Tax Act, and the Retailers' | ||||||
25 | Occupation Tax Act, each month the Department shall deposit | ||||||
26 | $500,000 into the State Crime Laboratory Fund. |
| |||||||
| |||||||
1 | Beginning January 1, 2025, the remainder of the moneys | ||||||
2 | received by the Department under this Act, the Service Use Tax | ||||||
3 | Act, the Service Occupation Tax Act, and the Retailers' | ||||||
4 | Occupation Tax Act from the sale of | ||||||
firearm safety devices, as | |||||||
5 | defined in subsection (c) of Section 605-1115 of the | ||||||
6 | Department of Commerce and Economic Opportunity Law of the | ||||||
7 | Civil Administrative Code of Illinois, shall be deposited into | ||||||
8 | the Firearm Safety Rebate Fund. | ||||||
9 | Of the remainder of the moneys received by the Department | ||||||
10 | pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||||||
11 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
12 | and after July 1, 1989, 3.8% thereof shall be paid into the | ||||||
13 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
14 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
15 | may be, of the moneys received by the Department and required | ||||||
16 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
17 | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||||||
18 | Act, Section 9 of the Service Use Tax Act, and Section 9 of the | ||||||
19 | Service Occupation Tax Act, such Acts being hereinafter called | ||||||
20 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case | ||||||
21 | may be, of moneys being hereinafter called the "Tax Act | ||||||
22 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
23 | Fund from the State and Local Sales Tax Reform Fund shall be | ||||||
24 | less than the Annual Specified Amount (as defined in Section 3 | ||||||
25 | of the Retailers' Occupation Tax Act), an amount equal to the | ||||||
26 | difference shall be immediately paid into the Build Illinois |
| |||||||
| |||||||
1 | Fund from other moneys received by the Department pursuant to | ||||||
2 | the Tax Acts; and further provided, that if on the last | ||||||
3 | business day of any month the sum of (1) the Tax Act Amount | ||||||
4 | required to be deposited into the Build Illinois Bond Account | ||||||
5 | in the Build Illinois Fund during such month and (2) the amount | ||||||
6 | transferred during such month to the Build Illinois Fund from | ||||||
7 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
8 | than 1/12 of the Annual Specified Amount, an amount equal to | ||||||
9 | the difference shall be immediately paid into the Build | ||||||
10 | Illinois Fund from other moneys received by the Department | ||||||
11 | pursuant to the Tax Acts; and, further provided, that in no | ||||||
12 | event shall the payments required under the preceding proviso | ||||||
13 | result in aggregate payments into the Build Illinois Fund | ||||||
14 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
15 | the greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
16 | Specified Amount for such fiscal year; and, further provided, | ||||||
17 | that the amounts payable into the Build Illinois Fund under | ||||||
18 | this clause (b) shall be payable only until such time as the | ||||||
19 | aggregate amount on deposit under each trust indenture | ||||||
20 | securing Bonds issued and outstanding pursuant to the Build | ||||||
21 | Illinois Bond Act is sufficient, taking into account any | ||||||
22 | future investment income, to fully provide, in accordance with | ||||||
23 | such indenture, for the defeasance of or the payment of the | ||||||
24 | principal of, premium, if any, and interest on the Bonds | ||||||
25 | secured by such indenture and on any Bonds expected to be | ||||||
26 | issued thereafter and all fees and costs payable with respect |
| |||||||
| |||||||
1 | thereto, all as certified by the Director of the Bureau of the | ||||||
2 | Budget (now Governor's Office of Management and Budget). If on | ||||||
3 | the last business day of any month in which Bonds are | ||||||
4 | outstanding pursuant to the Build Illinois Bond Act, the | ||||||
5 | aggregate of the moneys deposited in the Build Illinois Bond | ||||||
6 | Account in the Build Illinois Fund in such month shall be less | ||||||
7 | than the amount required to be transferred in such month from | ||||||
8 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
9 | Retirement and Interest Fund pursuant to Section 13 of the | ||||||
10 | Build Illinois Bond Act, an amount equal to such deficiency | ||||||
11 | shall be immediately paid from other moneys received by the | ||||||
12 | Department pursuant to the Tax Acts to the Build Illinois | ||||||
13 | Fund; provided, however, that any amounts paid to the Build | ||||||
14 | Illinois Fund in any fiscal year pursuant to this sentence | ||||||
15 | shall be deemed to constitute payments pursuant to clause (b) | ||||||
16 | of the preceding sentence and shall reduce the amount | ||||||
17 | otherwise payable for such fiscal year pursuant to clause (b) | ||||||
18 | of the preceding sentence. The moneys received by the | ||||||
19 | Department pursuant to this Act and required to be deposited | ||||||
20 | into the Build Illinois Fund are subject to the pledge, claim | ||||||
21 | and charge set forth in Section 12 of the Build Illinois Bond | ||||||
22 | Act. | ||||||
23 | Subject to payment of amounts into the Build Illinois Fund | ||||||
24 | as provided in the preceding paragraph or in any amendment | ||||||
25 | thereto hereafter enacted, the following specified monthly | ||||||
26 | installment of the amount requested in the certificate of the |
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1 | Chairman of the Metropolitan Pier and Exposition Authority | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | in excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | deposited in the aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | 9 of the Service Occupation Tax Act, and Section 3 of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Retailers' Occupation Tax Act into the McCormick Place | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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10 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||
11 | year thereafter, one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||
12 | certificate of the Chairman of the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||
13 | Exposition Authority for that fiscal year, less the amount | ||||||||||||||||||||||||||||||||||||||||||||||
14 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||
15 | the State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||
16 | (g) of Section 13 of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||
17 | Authority Act, plus cumulative deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||||||||||||
18 | required under this Section for previous months and years, | ||||||||||||||||||||||||||||||||||||||||||||||
19 | shall be deposited into the McCormick Place Expansion Project | ||||||||||||||||||||||||||||||||||||||||||||||
20 | Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||||||||||||||||||||||||||||
21 | not in excess of the amount specified above as "Total | ||||||||||||||||||||||||||||||||||||||||||||||
22 | Deposit", has been deposited. | ||||||||||||||||||||||||||||||||||||||||||||||
23 | Subject to payment of amounts into the Capital Projects | ||||||||||||||||||||||||||||||||||||||||||||||
24 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||||||||||||||||||||||||||||||||||||||||||
25 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||||||||||||||||||||||||||||||||||||||||||
26 | preceding paragraphs or in any amendments thereto hereafter |
| |||||||
| |||||||
1 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||
2 | the Department shall each month deposit into the Aviation Fuel | ||||||
3 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
4 | be required for refunds of the 80% portion of the tax on | ||||||
5 | aviation fuel under this Act. The Department shall only | ||||||
6 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
7 | under this paragraph for so long as the revenue use | ||||||
8 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
9 | binding on the State. | ||||||
10 | Subject to payment of amounts into the Build Illinois Fund | ||||||
11 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
12 | preceding paragraphs or in any amendments thereto hereafter | ||||||
13 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
14 | 2013, the Department shall each month pay into the Illinois | ||||||
15 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
16 | the preceding month from the 6.25% general rate on the selling | ||||||
17 | price of tangible personal property. | ||||||
18 | Subject to payment of amounts into the Build Illinois | ||||||
19 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
20 | Tax Increment Fund, and the Energy Infrastructure Fund | ||||||
21 | pursuant to the preceding paragraphs or in any amendments to | ||||||
22 | this Section hereafter enacted, beginning on the first day of | ||||||
23 | the first calendar month to occur on or after August 26, 2014 | ||||||
24 | (the effective date of Public Act 98-1098), each month, from | ||||||
25 | the collections made under Section 9 of the Use Tax Act, | ||||||
26 | Section 9 of the Service Use Tax Act, Section 9 of the Service |
| |||||||
| |||||||
1 | Occupation Tax Act, and Section 3 of the Retailers' Occupation | ||||||
2 | Tax Act, the Department shall pay into the Tax Compliance and | ||||||
3 | Administration Fund, to be used, subject to appropriation, to | ||||||
4 | fund additional auditors and compliance personnel at the | ||||||
5 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
6 | the cash receipts collected during the preceding fiscal year | ||||||
7 | by the Audit Bureau of the Department under the Use Tax Act, | ||||||
8 | the Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
9 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
10 | and use taxes administered by the Department. | ||||||
11 | Subject to payments of amounts into the Build Illinois | ||||||
12 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
13 | Tax Increment Fund, and the Tax Compliance and Administration | ||||||
14 | Fund as provided in this Section, beginning on July 1, 2018 the | ||||||
15 | Department shall pay each month into the Downstate Public | ||||||
16 | Transportation Fund the moneys required to be so paid under | ||||||
17 | Section 2-3 of the Downstate Public Transportation Act. | ||||||
18 | Subject to successful execution and delivery of a | ||||||
19 | public-private agreement between the public agency and private | ||||||
20 | entity and completion of the civic build, beginning on July 1, | ||||||
21 | 2023, of the remainder of the moneys received by the | ||||||
22 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
23 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
24 | deposit the following specified deposits in the aggregate from | ||||||
25 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
26 | Service Occupation Tax Act, and the Retailers' Occupation Tax |
| |||||||
| |||||||
1 | Act, as required under Section 8.25g of the State Finance Act | ||||||
2 | for distribution consistent with the Public-Private | ||||||
3 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
4 | The moneys received by the Department pursuant to this Act and | ||||||
5 | required to be deposited into the Civic and Transit | ||||||
6 | Infrastructure Fund are subject to the pledge, claim, and | ||||||
7 | charge set forth in Section 25-55 of the Public-Private | ||||||
8 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
9 | As used in this paragraph, "civic build", "private entity", | ||||||
10 | "public-private agreement", and "public agency" have the | ||||||
11 | meanings provided in Section 25-10 of the Public-Private | ||||||
12 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
13 | Fiscal Year ............................Total Deposit | ||||||
14 | 2024 ....................................$200,000,000 | ||||||
15 | 2025 ....................................$206,000,000 | ||||||
16 | 2026 ....................................$212,200,000 | ||||||
17 | 2027 ....................................$218,500,000 | ||||||
18 | 2028 ....................................$225,100,000 | ||||||
19 | 2029 ....................................$288,700,000 | ||||||
20 | 2030 ....................................$298,900,000 | ||||||
21 | 2031 ....................................$309,300,000 | ||||||
22 | 2032 ....................................$320,100,000 | ||||||
23 | 2033 ....................................$331,200,000 | ||||||
24 | 2034 ....................................$341,200,000 | ||||||
25 | 2035 ....................................$351,400,000 | ||||||
26 | 2036 ....................................$361,900,000 |
| |||||||
| |||||||
1 | 2037 ....................................$372,800,000 | ||||||
2 | 2038 ....................................$384,000,000 | ||||||
3 | 2039 ....................................$395,500,000 | ||||||
4 | 2040 ....................................$407,400,000 | ||||||
5 | 2041 ....................................$419,600,000 | ||||||
6 | 2042 ....................................$432,200,000 | ||||||
7 | 2043 ....................................$445,100,000 | ||||||
8 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
9 | the payment of amounts into the State and Local Sales Tax | ||||||
10 | Reform Fund, the Build Illinois Fund, the McCormick Place | ||||||
11 | Expansion Project Fund, the Illinois Tax Increment Fund, and | ||||||
12 | the Tax Compliance and Administration Fund as provided in this | ||||||
13 | Section, the Department shall pay each month into the Road | ||||||
14 | Fund the amount estimated to represent 16% of the net revenue | ||||||
15 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
16 | Beginning July 1, 2022 and until July 1, 2023, subject to the | ||||||
17 | payment of amounts into the State and Local Sales Tax Reform | ||||||
18 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
19 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
20 | Compliance and Administration Fund as provided in this | ||||||
21 | Section, the Department shall pay each month into the Road | ||||||
22 | Fund the amount estimated to represent 32% of the net revenue | ||||||
23 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
24 | Beginning July 1, 2023 and until July 1, 2024, subject to the | ||||||
25 | payment of amounts into the State and Local Sales Tax Reform | ||||||
26 | Fund, the Build Illinois Fund, the McCormick Place Expansion |
| |||||||
| |||||||
1 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
2 | Compliance and Administration Fund as provided in this | ||||||
3 | Section, the Department shall pay each month into the Road | ||||||
4 | Fund the amount estimated to represent 48% of the net revenue | ||||||
5 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
6 | Beginning July 1, 2024 and until July 1, 2025, subject to the | ||||||
7 | payment of amounts into the State and Local Sales Tax Reform | ||||||
8 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
9 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
10 | Compliance and Administration Fund as provided in this | ||||||
11 | Section, the Department shall pay each month into the Road | ||||||
12 | Fund the amount estimated to represent 64% of the net revenue | ||||||
13 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
14 | Beginning on July 1, 2025, subject to the payment of amounts | ||||||
15 | into the State and Local Sales Tax Reform Fund, the Build | ||||||
16 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
17 | Illinois Tax Increment Fund, and the Tax Compliance and | ||||||
18 | Administration Fund as provided in this Section, the | ||||||
19 | Department shall pay each month into the Road Fund the amount | ||||||
20 | estimated to represent 80% of the net revenue realized from | ||||||
21 | the taxes imposed on motor fuel and gasohol. As used in this | ||||||
22 | paragraph "motor fuel" has the meaning given to that term in | ||||||
23 | Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the | ||||||
24 | meaning given to that term in Section 3-40 of this Act. | ||||||
25 | Of the remainder of the moneys received by the Department | ||||||
26 | pursuant to this Act, 75% thereof shall be paid into the State |
| |||||||
| |||||||
1 | Treasury and 25% shall be reserved in a special account and | ||||||
2 | used only for the transfer to the Common School Fund as part of | ||||||
3 | the monthly transfer from the General Revenue Fund in | ||||||
4 | accordance with Section 8a of the State Finance Act. | ||||||
5 | As soon as possible after the first day of each month, upon | ||||||
6 | certification of the Department of Revenue, the Comptroller | ||||||
7 | shall order transferred and the Treasurer shall transfer from | ||||||
8 | the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||||||
9 | equal to 1.7% of 80% of the net revenue realized under this Act | ||||||
10 | for the second preceding month. Beginning April 1, 2000, this | ||||||
11 | transfer is no longer required and shall not be made. | ||||||
12 | Net revenue realized for a month shall be the revenue | ||||||
13 | collected by the State pursuant to this Act, less the amount | ||||||
14 | paid out during that month as refunds to taxpayers for | ||||||
15 | overpayment of liability. | ||||||
16 | For greater simplicity of administration, manufacturers, | ||||||
17 | importers and wholesalers whose products are sold at retail in | ||||||
18 | Illinois by numerous retailers, and who wish to do so, may | ||||||
19 | assume the responsibility for accounting and paying to the | ||||||
20 | Department all tax accruing under this Act with respect to | ||||||
21 | such sales, if the retailers who are affected do not make | ||||||
22 | written objection to the Department to this arrangement. | ||||||
23 | (Source: P.A. 102-700, Article 60, Section 60-15, eff. | ||||||
24 | 4-19-22; 102-700, Article 65, Section 65-5, eff. 4-19-22; | ||||||
25 | 102-1019, eff. 1-1-23; 103-154, eff. 6-30-23; 103-363, eff. | ||||||
26 | 7-28-23.) |
| |||||||
| |||||||
1 | Section 20. The Service Use Tax Act is amended by changing | ||||||
2 | Section 9 as follows: | ||||||
3 | (35 ILCS 110/9) (from Ch. 120, par. 439.39) | ||||||
4 | Sec. 9. Each serviceman required or authorized to collect | ||||||
5 | the tax herein imposed shall pay to the Department the amount | ||||||
6 | of such tax (except as otherwise provided) at the time when he | ||||||
7 | is required to file his return for the period during which such | ||||||
8 | tax was collected, less a discount of 2.1% prior to January 1, | ||||||
9 | 1990 and 1.75% on and after January 1, 1990, or $5 per calendar | ||||||
10 | year, whichever is greater, which is allowed to reimburse the | ||||||
11 | serviceman for expenses incurred in collecting the tax, | ||||||
12 | keeping records, preparing and filing returns, remitting the | ||||||
13 | tax and supplying data to the Department on request. When | ||||||
14 | determining the discount allowed under this Section, | ||||||
15 | servicemen shall include the amount of tax that would have | ||||||
16 | been due at the 1% rate but for the 0% rate imposed under this | ||||||
17 | amendatory Act of the 102nd General Assembly. The discount | ||||||
18 | under this Section is not allowed for the 1.25% portion of | ||||||
19 | taxes paid on aviation fuel that is subject to the revenue use | ||||||
20 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The | ||||||
21 | discount allowed under this Section is allowed only for | ||||||
22 | returns that are filed in the manner required by this Act. The | ||||||
23 | Department may disallow the discount for servicemen whose | ||||||
24 | certificate of registration is revoked at the time the return |
| |||||||
| |||||||
1 | is filed, but only if the Department's decision to revoke the | ||||||
2 | certificate of registration has become final. A serviceman | ||||||
3 | need not remit that part of any tax collected by him to the | ||||||
4 | extent that he is required to pay and does pay the tax imposed | ||||||
5 | by the Service Occupation Tax Act with respect to his sale of | ||||||
6 | service involving the incidental transfer by him of the same | ||||||
7 | property. | ||||||
8 | Except as provided hereinafter in this Section, on or | ||||||
9 | before the twentieth day of each calendar month, such | ||||||
10 | serviceman shall file a return for the preceding calendar | ||||||
11 | month in accordance with reasonable Rules and Regulations to | ||||||
12 | be promulgated by the Department. Such return shall be filed | ||||||
13 | on a form prescribed by the Department and shall contain such | ||||||
14 | information as the Department may reasonably require. The | ||||||
15 | return shall include the gross receipts which were received | ||||||
16 | during the preceding calendar month or quarter on the | ||||||
17 | following items upon which tax would have been due but for the | ||||||
18 | 0% rate imposed under this amendatory Act of the 102nd General | ||||||
19 | Assembly: (i) food for human consumption that is to be | ||||||
20 | consumed off the premises where it is sold (other than | ||||||
21 | alcoholic beverages, food consisting of or infused with adult | ||||||
22 | use cannabis, soft drinks, and food that has been prepared for | ||||||
23 | immediate consumption); and (ii) food prepared for immediate | ||||||
24 | consumption and transferred incident to a sale of service | ||||||
25 | subject to this Act or the Service Occupation Tax Act by an | ||||||
26 | entity licensed under the Hospital Licensing Act, the Nursing |
| |||||||
| |||||||
1 | Home Care Act, the Assisted Living and Shared Housing Act, the | ||||||
2 | ID/DD Community Care Act, the MC/DD Act, the Specialized | ||||||
3 | Mental Health Rehabilitation Act of 2013, or the Child Care | ||||||
4 | Act of 1969, or an entity that holds a permit issued pursuant | ||||||
5 | to the Life Care Facilities Act. The return shall also include | ||||||
6 | the amount of tax that would have been due on the items listed | ||||||
7 | in the previous sentence but for the 0% rate imposed under this | ||||||
8 | amendatory Act of the 102nd General Assembly. | ||||||
9 | On and after January 1, 2018, with respect to servicemen | ||||||
10 | whose annual gross receipts average $20,000 or more, all | ||||||
11 | returns required to be filed pursuant to this Act shall be | ||||||
12 | filed electronically. Servicemen who demonstrate that they do | ||||||
13 | not have access to the Internet or demonstrate hardship in | ||||||
14 | filing electronically may petition the Department to waive the | ||||||
15 | electronic filing requirement. | ||||||
16 | The Department may require returns to be filed on a | ||||||
17 | quarterly basis. If so required, a return for each calendar | ||||||
18 | quarter shall be filed on or before the twentieth day of the | ||||||
19 | calendar month following the end of such calendar quarter. The | ||||||
20 | taxpayer shall also file a return with the Department for each | ||||||
21 | of the first two months of each calendar quarter, on or before | ||||||
22 | the twentieth day of the following calendar month, stating: | ||||||
23 | 1. The name of the seller; | ||||||
24 | 2. The address of the principal place of business from | ||||||
25 | which he engages in business as a serviceman in this | ||||||
26 | State; |
| |||||||
| |||||||
1 | 3. The total amount of taxable receipts received by | ||||||
2 | him during the preceding calendar month, including | ||||||
3 | receipts from charge and time sales, but less all | ||||||
4 | deductions allowed by law; | ||||||
5 | 4. The amount of credit provided in Section 2d of this | ||||||
6 | Act; | ||||||
7 | 5. The amount of tax due; | ||||||
8 | 5-5. The signature of the taxpayer; and | ||||||
9 | 6. Such other reasonable information as the Department | ||||||
10 | may require. | ||||||
11 | Each serviceman required or authorized to collect the tax | ||||||
12 | imposed by this Act on aviation fuel transferred as an | ||||||
13 | incident of a sale of service in this State during the | ||||||
14 | preceding calendar month shall, instead of reporting and | ||||||
15 | paying tax on aviation fuel as otherwise required by this | ||||||
16 | Section, report and pay such tax on a separate aviation fuel | ||||||
17 | tax return. The requirements related to the return shall be as | ||||||
18 | otherwise provided in this Section. Notwithstanding any other | ||||||
19 | provisions of this Act to the contrary, servicemen collecting | ||||||
20 | tax on aviation fuel shall file all aviation fuel tax returns | ||||||
21 | and shall make all aviation fuel tax payments by electronic | ||||||
22 | means in the manner and form required by the Department. For | ||||||
23 | purposes of this Section, "aviation fuel" means jet fuel and | ||||||
24 | aviation gasoline. | ||||||
25 | If a taxpayer fails to sign a return within 30 days after | ||||||
26 | the proper notice and demand for signature by the Department, |
| |||||||
| |||||||
1 | the return shall be considered valid and any amount shown to be | ||||||
2 | due on the return shall be deemed assessed. | ||||||
3 | Notwithstanding any other provision of this Act to the | ||||||
4 | contrary, servicemen subject to tax on cannabis shall file all | ||||||
5 | cannabis tax returns and shall make all cannabis tax payments | ||||||
6 | by electronic means in the manner and form required by the | ||||||
7 | Department. | ||||||
8 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
9 | monthly tax liability of $150,000 or more shall make all | ||||||
10 | payments required by rules of the Department by electronic | ||||||
11 | funds transfer. Beginning October 1, 1994, a taxpayer who has | ||||||
12 | an average monthly tax liability of $100,000 or more shall | ||||||
13 | make all payments required by rules of the Department by | ||||||
14 | electronic funds transfer. Beginning October 1, 1995, a | ||||||
15 | taxpayer who has an average monthly tax liability of $50,000 | ||||||
16 | or more shall make all payments required by rules of the | ||||||
17 | Department by electronic funds transfer. Beginning October 1, | ||||||
18 | 2000, a taxpayer who has an annual tax liability of $200,000 or | ||||||
19 | more shall make all payments required by rules of the | ||||||
20 | Department by electronic funds transfer. The term "annual tax | ||||||
21 | liability" shall be the sum of the taxpayer's liabilities | ||||||
22 | under this Act, and under all other State and local occupation | ||||||
23 | and use tax laws administered by the Department, for the | ||||||
24 | immediately preceding calendar year. The term "average monthly | ||||||
25 | tax liability" means the sum of the taxpayer's liabilities | ||||||
26 | under this Act, and under all other State and local occupation |
| |||||||
| |||||||
1 | and use tax laws administered by the Department, for the | ||||||
2 | immediately preceding calendar year divided by 12. Beginning | ||||||
3 | on October 1, 2002, a taxpayer who has a tax liability in the | ||||||
4 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
5 | Department of Revenue Law shall make all payments required by | ||||||
6 | rules of the Department by electronic funds transfer. | ||||||
7 | Before August 1 of each year beginning in 1993, the | ||||||
8 | Department shall notify all taxpayers required to make | ||||||
9 | payments by electronic funds transfer. All taxpayers required | ||||||
10 | to make payments by electronic funds transfer shall make those | ||||||
11 | payments for a minimum of one year beginning on October 1. | ||||||
12 | Any taxpayer not required to make payments by electronic | ||||||
13 | funds transfer may make payments by electronic funds transfer | ||||||
14 | with the permission of the Department. | ||||||
15 | All taxpayers required to make payment by electronic funds | ||||||
16 | transfer and any taxpayers authorized to voluntarily make | ||||||
17 | payments by electronic funds transfer shall make those | ||||||
18 | payments in the manner authorized by the Department. | ||||||
19 | The Department shall adopt such rules as are necessary to | ||||||
20 | effectuate a program of electronic funds transfer and the | ||||||
21 | requirements of this Section. | ||||||
22 | If the serviceman is otherwise required to file a monthly | ||||||
23 | return and if the serviceman's average monthly tax liability | ||||||
24 | to the Department does not exceed $200, the Department may | ||||||
25 | authorize his returns to be filed on a quarter annual basis, | ||||||
26 | with the return for January, February and March of a given year |
| |||||||
| |||||||
1 | being due by April 20 of such year; with the return for April, | ||||||
2 | May and June of a given year being due by July 20 of such year; | ||||||
3 | with the return for July, August and September of a given year | ||||||
4 | being due by October 20 of such year, and with the return for | ||||||
5 | October, November and December of a given year being due by | ||||||
6 | January 20 of the following year. | ||||||
7 | If the serviceman is otherwise required to file a monthly | ||||||
8 | or quarterly return and if the serviceman's average monthly | ||||||
9 | tax liability to the Department does not exceed $50, the | ||||||
10 | Department may authorize his returns to be filed on an annual | ||||||
11 | basis, with the return for a given year being due by January 20 | ||||||
12 | of the following year. | ||||||
13 | Such quarter annual and annual returns, as to form and | ||||||
14 | substance, shall be subject to the same requirements as | ||||||
15 | monthly returns. | ||||||
16 | Notwithstanding any other provision in this Act concerning | ||||||
17 | the time within which a serviceman may file his return, in the | ||||||
18 | case of any serviceman who ceases to engage in a kind of | ||||||
19 | business which makes him responsible for filing returns under | ||||||
20 | this Act, such serviceman shall file a final return under this | ||||||
21 | Act with the Department not more than 1 month after | ||||||
22 | discontinuing such business. | ||||||
23 | Where a serviceman collects the tax with respect to the | ||||||
24 | selling price of property which he sells and the purchaser | ||||||
25 | thereafter returns such property and the serviceman refunds | ||||||
26 | the selling price thereof to the purchaser, such serviceman |
| |||||||
| |||||||
1 | shall also refund, to the purchaser, the tax so collected from | ||||||
2 | the purchaser. When filing his return for the period in which | ||||||
3 | he refunds such tax to the purchaser, the serviceman may | ||||||
4 | deduct the amount of the tax so refunded by him to the | ||||||
5 | purchaser from any other Service Use Tax, Service Occupation | ||||||
6 | Tax, retailers' occupation tax or use tax which such | ||||||
7 | serviceman may be required to pay or remit to the Department, | ||||||
8 | as shown by such return, provided that the amount of the tax to | ||||||
9 | be deducted shall previously have been remitted to the | ||||||
10 | Department by such serviceman. If the serviceman shall not | ||||||
11 | previously have remitted the amount of such tax to the | ||||||
12 | Department, he shall be entitled to no deduction hereunder | ||||||
13 | upon refunding such tax to the purchaser. | ||||||
14 | Any serviceman filing a return hereunder shall also | ||||||
15 | include the total tax upon the selling price of tangible | ||||||
16 | personal property purchased for use by him as an incident to a | ||||||
17 | sale of service, and such serviceman shall remit the amount of | ||||||
18 | such tax to the Department when filing such return. | ||||||
19 | If experience indicates such action to be practicable, the | ||||||
20 | Department may prescribe and furnish a combination or joint | ||||||
21 | return which will enable servicemen, who are required to file | ||||||
22 | returns hereunder and also under the Service Occupation Tax | ||||||
23 | Act, to furnish all the return information required by both | ||||||
24 | Acts on the one form. | ||||||
25 | Where the serviceman has more than one business registered | ||||||
26 | with the Department under separate registration hereunder, |
| |||||||
| |||||||
1 | such serviceman shall not file each return that is due as a | ||||||
2 | single return covering all such registered businesses, but | ||||||
3 | shall file separate returns for each such registered business. | ||||||
4 | Beginning January 1, 1990, each month the Department shall | ||||||
5 | pay into the State and Local Tax Reform Fund, a special fund in | ||||||
6 | the State Treasury, the net revenue realized for the preceding | ||||||
7 | month from the 1% tax imposed under this Act. | ||||||
8 | Beginning January 1, 1990, each month the Department shall | ||||||
9 | pay into the State and Local Sales Tax Reform Fund 20% of the | ||||||
10 | net revenue realized for the preceding month from the 6.25% | ||||||
11 | general rate on transfers of tangible personal property, other | ||||||
12 | than (i) tangible personal property which is purchased outside | ||||||
13 | Illinois at retail from a retailer and which is titled or | ||||||
14 | registered by an agency of this State's government and (ii) | ||||||
15 | aviation fuel sold on or after December 1, 2019. This | ||||||
16 | exception for aviation fuel only applies for so long as the | ||||||
17 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
18 | 47133 are binding on the State. | ||||||
19 | For aviation fuel sold on or after December 1, 2019, each | ||||||
20 | month the Department shall pay into the State Aviation Program | ||||||
21 | Fund 20% of the net revenue realized for the preceding month | ||||||
22 | from the 6.25% general rate on the selling price of aviation | ||||||
23 | fuel, less an amount estimated by the Department to be | ||||||
24 | required for refunds of the 20% portion of the tax on aviation | ||||||
25 | fuel under this Act, which amount shall be deposited into the | ||||||
26 | Aviation Fuel Sales Tax Refund Fund. The Department shall only |
| |||||||
| |||||||
1 | pay moneys into the State Aviation Program Fund and the | ||||||
2 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
3 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
4 | U.S.C. 47133 are binding on the State. | ||||||
5 | Beginning August 1, 2000, each month the Department shall | ||||||
6 | pay into the State and Local Sales Tax Reform Fund 100% of the | ||||||
7 | net revenue realized for the preceding month from the 1.25% | ||||||
8 | rate on the selling price of motor fuel and gasohol. | ||||||
9 | Beginning October 1, 2009, each month the Department shall | ||||||
10 | pay into the Capital Projects Fund an amount that is equal to | ||||||
11 | an amount estimated by the Department to represent 80% of the | ||||||
12 | net revenue realized for the preceding month from the sale of | ||||||
13 | candy, grooming and hygiene products, and soft drinks that had | ||||||
14 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
15 | are now taxed at 6.25%. | ||||||
16 | Beginning July 1, 2013, each month the Department shall | ||||||
17 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
18 | collected under this Act, the Use Tax Act, the Service | ||||||
19 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
20 | amount equal to the average monthly deficit in the Underground | ||||||
21 | Storage Tank Fund during the prior year, as certified annually | ||||||
22 | by the Illinois Environmental Protection Agency, but the total | ||||||
23 | payment into the Underground Storage Tank Fund under this Act, | ||||||
24 | the Use Tax Act, the Service Occupation Tax Act, and the | ||||||
25 | Retailers' Occupation Tax Act shall not exceed $18,000,000 in | ||||||
26 | any State fiscal year. As used in this paragraph, the "average |
| |||||||
| |||||||
1 | monthly deficit" shall be equal to the difference between the | ||||||
2 | average monthly claims for payment by the fund and the average | ||||||
3 | monthly revenues deposited into the fund, excluding payments | ||||||
4 | made pursuant to this paragraph. | ||||||
5 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
6 | received by the Department under the Use Tax Act, this Act, the | ||||||
7 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
8 | Act, each month the Department shall deposit $500,000 into the | ||||||
9 | State Crime Laboratory Fund. | ||||||
10 | Beginning January 1, 2025, the remainder of the moneys | ||||||
11 | received by the Department under the Use Tax Act, this Act, the | ||||||
12 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
13 | Act from the sale of firearm safety devices, as defined in | ||||||
14 | subsection (c) of Section 605-1115 of the Department of | ||||||
15 | Commerce and Economic Opportunity Law of the Civil | ||||||
16 | Administrative Code of Illinois, shall be deposited into the | ||||||
17 | Firearm Safety Rebate Fund. | ||||||
18 | Of the remainder of the moneys received by the Department | ||||||
19 | pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||||||
20 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
21 | and after July 1, 1989, 3.8% thereof shall be paid into the | ||||||
22 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
23 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
24 | may be, of the moneys received by the Department and required | ||||||
25 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
26 | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax |
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1 | Act, Section 9 of the Service Use Tax Act, and Section 9 of the | ||||||
2 | Service Occupation Tax Act, such Acts being hereinafter called | ||||||
3 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case | ||||||
4 | may be, of moneys being hereinafter called the "Tax Act | ||||||
5 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
6 | Fund from the State and Local Sales Tax Reform Fund shall be | ||||||
7 | less than the Annual Specified Amount (as defined in Section 3 | ||||||
8 | of the Retailers' Occupation Tax Act), an amount equal to the | ||||||
9 | difference shall be immediately paid into the Build Illinois | ||||||
10 | Fund from other moneys received by the Department pursuant to | ||||||
11 | the Tax Acts; and further provided, that if on the last | ||||||
12 | business day of any month the sum of (1) the Tax Act Amount | ||||||
13 | required to be deposited into the Build Illinois Bond Account | ||||||
14 | in the Build Illinois Fund during such month and (2) the amount | ||||||
15 | transferred during such month to the Build Illinois Fund from | ||||||
16 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
17 | than 1/12 of the Annual Specified Amount, an amount equal to | ||||||
18 | the difference shall be immediately paid into the Build | ||||||
19 | Illinois Fund from other moneys received by the Department | ||||||
20 | pursuant to the Tax Acts; and, further provided, that in no | ||||||
21 | event shall the payments required under the preceding proviso | ||||||
22 | result in aggregate payments into the Build Illinois Fund | ||||||
23 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
24 | the greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
25 | Specified Amount for such fiscal year; and, further provided, | ||||||
26 | that the amounts payable into the Build Illinois Fund under |
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1 | this clause (b) shall be payable only until such time as the | ||||||
2 | aggregate amount on deposit under each trust indenture | ||||||
3 | securing Bonds issued and outstanding pursuant to the Build | ||||||
4 | Illinois Bond Act is sufficient, taking into account any | ||||||
5 | future investment income, to fully provide, in accordance with | ||||||
6 | such indenture, for the defeasance of or the payment of the | ||||||
7 | principal of, premium, if any, and interest on the Bonds | ||||||
8 | secured by such indenture and on any Bonds expected to be | ||||||
9 | issued thereafter and all fees and costs payable with respect | ||||||
10 | thereto, all as certified by the Director of the Bureau of the | ||||||
11 | Budget (now Governor's Office of Management and Budget). If on | ||||||
12 | the last business day of any month in which Bonds are | ||||||
13 | outstanding pursuant to the Build Illinois Bond Act, the | ||||||
14 | aggregate of the moneys deposited in the Build Illinois Bond | ||||||
15 | Account in the Build Illinois Fund in such month shall be less | ||||||
16 | than the amount required to be transferred in such month from | ||||||
17 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
18 | Retirement and Interest Fund pursuant to Section 13 of the | ||||||
19 | Build Illinois Bond Act, an amount equal to such deficiency | ||||||
20 | shall be immediately paid from other moneys received by the | ||||||
21 | Department pursuant to the Tax Acts to the Build Illinois | ||||||
22 | Fund; provided, however, that any amounts paid to the Build | ||||||
23 | Illinois Fund in any fiscal year pursuant to this sentence | ||||||
24 | shall be deemed to constitute payments pursuant to clause (b) | ||||||
25 | of the preceding sentence and shall reduce the amount | ||||||
26 | otherwise payable for such fiscal year pursuant to clause (b) |
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1 | of the preceding sentence. The moneys received by the | |||||||||||||||||||||||||||||||||||||||||
2 | Department pursuant to this Act and required to be deposited | |||||||||||||||||||||||||||||||||||||||||
3 | into the Build Illinois Fund are subject to the pledge, claim | |||||||||||||||||||||||||||||||||||||||||
4 | and charge set forth in Section 12 of the Build Illinois Bond | |||||||||||||||||||||||||||||||||||||||||
5 | Act. | |||||||||||||||||||||||||||||||||||||||||
6 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||
7 | as provided in the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||||||||||||
8 | thereto hereafter enacted, the following specified monthly | |||||||||||||||||||||||||||||||||||||||||
9 | installment of the amount requested in the certificate of the | |||||||||||||||||||||||||||||||||||||||||
10 | Chairman of the Metropolitan Pier and Exposition Authority | |||||||||||||||||||||||||||||||||||||||||
11 | provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||||||||||||
12 | in excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||||||||||||||
13 | deposited in the aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||
14 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||
15 | 9 of the Service Occupation Tax Act, and Section 3 of the | |||||||||||||||||||||||||||||||||||||||||
16 | Retailers' Occupation Tax Act into the McCormick Place | |||||||||||||||||||||||||||||||||||||||||
17 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||
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20 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | year thereafter, one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | certificate of the Chairman of the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Exposition Authority for that fiscal year, less the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | the State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | (g) of Section 13 of the Metropolitan Pier and Exposition |
| |||||||
| |||||||
1 | Authority Act, plus cumulative deficiencies in the deposits | ||||||
2 | required under this Section for previous months and years, | ||||||
3 | shall be deposited into the McCormick Place Expansion Project | ||||||
4 | Fund, until the full amount requested for the fiscal year, but | ||||||
5 | not in excess of the amount specified above as "Total | ||||||
6 | Deposit", has been deposited. | ||||||
7 | Subject to payment of amounts into the Capital Projects | ||||||
8 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||
9 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
10 | preceding paragraphs or in any amendments thereto hereafter | ||||||
11 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||
12 | the Department shall each month deposit into the Aviation Fuel | ||||||
13 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
14 | be required for refunds of the 80% portion of the tax on | ||||||
15 | aviation fuel under this Act. The Department shall only | ||||||
16 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
17 | under this paragraph for so long as the revenue use | ||||||
18 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
19 | binding on the State. | ||||||
20 | Subject to payment of amounts into the Build Illinois Fund | ||||||
21 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
22 | preceding paragraphs or in any amendments thereto hereafter | ||||||
23 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
24 | 2013, the Department shall each month pay into the Illinois | ||||||
25 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
26 | the preceding month from the 6.25% general rate on the selling |
| |||||||
| |||||||
1 | price of tangible personal property. | ||||||
2 | Subject to payment of amounts into the Build Illinois | ||||||
3 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
4 | Tax Increment Fund, pursuant to the preceding paragraphs or in | ||||||
5 | any amendments to this Section hereafter enacted, beginning on | ||||||
6 | the first day of the first calendar month to occur on or after | ||||||
7 | August 26, 2014 (the effective date of Public Act 98-1098), | ||||||
8 | each month, from the collections made under Section 9 of the | ||||||
9 | Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of | ||||||
10 | the Service Occupation Tax Act, and Section 3 of the | ||||||
11 | Retailers' Occupation Tax Act, the Department shall pay into | ||||||
12 | the Tax Compliance and Administration Fund, to be used, | ||||||
13 | subject to appropriation, to fund additional auditors and | ||||||
14 | compliance personnel at the Department of Revenue, an amount | ||||||
15 | equal to 1/12 of 5% of 80% of the cash receipts collected | ||||||
16 | during the preceding fiscal year by the Audit Bureau of the | ||||||
17 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
18 | Service Occupation Tax Act, the Retailers' Occupation Tax Act, | ||||||
19 | and associated local occupation and use taxes administered by | ||||||
20 | the Department. | ||||||
21 | Subject to payments of amounts into the Build Illinois | ||||||
22 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
23 | Tax Increment Fund, and the Tax Compliance and Administration | ||||||
24 | Fund as provided in this Section, beginning on July 1, 2018 the | ||||||
25 | Department shall pay each month into the Downstate Public | ||||||
26 | Transportation Fund the moneys required to be so paid under |
| |||||||
| |||||||
1 | Section 2-3 of the Downstate Public Transportation Act. | ||||||
2 | Subject to successful execution and delivery of a | ||||||
3 | public-private agreement between the public agency and private | ||||||
4 | entity and completion of the civic build, beginning on July 1, | ||||||
5 | 2023, of the remainder of the moneys received by the | ||||||
6 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
7 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
8 | deposit the following specified deposits in the aggregate from | ||||||
9 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
10 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
11 | Act, as required under Section 8.25g of the State Finance Act | ||||||
12 | for distribution consistent with the Public-Private | ||||||
13 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
14 | The moneys received by the Department pursuant to this Act and | ||||||
15 | required to be deposited into the Civic and Transit | ||||||
16 | Infrastructure Fund are subject to the pledge, claim, and | ||||||
17 | charge set forth in Section 25-55 of the Public-Private | ||||||
18 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
19 | As used in this paragraph, "civic build", "private entity", | ||||||
20 | "public-private agreement", and "public agency" have the | ||||||
21 | meanings provided in Section 25-10 of the Public-Private | ||||||
22 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
23 | Fiscal Year ............................Total Deposit | ||||||
24 | 2024 ....................................$200,000,000 | ||||||
25 | 2025 ....................................$206,000,000 | ||||||
26 | 2026 ....................................$212,200,000 |
| |||||||
| |||||||
1 | 2027 ....................................$218,500,000 | ||||||
2 | 2028 ....................................$225,100,000 | ||||||
3 | 2029 ....................................$288,700,000 | ||||||
4 | 2030 ....................................$298,900,000 | ||||||
5 | 2031 ....................................$309,300,000 | ||||||
6 | 2032 ....................................$320,100,000 | ||||||
7 | 2033 ....................................$331,200,000 | ||||||
8 | 2034 ....................................$341,200,000 | ||||||
9 | 2035 ....................................$351,400,000 | ||||||
10 | 2036 ....................................$361,900,000 | ||||||
11 | 2037 ....................................$372,800,000 | ||||||
12 | 2038 ....................................$384,000,000 | ||||||
13 | 2039 ....................................$395,500,000 | ||||||
14 | 2040 ....................................$407,400,000 | ||||||
15 | 2041 ....................................$419,600,000 | ||||||
16 | 2042 ....................................$432,200,000 | ||||||
17 | 2043 ....................................$445,100,000 | ||||||
18 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
19 | the payment of amounts into the State and Local Sales Tax | ||||||
20 | Reform Fund, the Build Illinois Fund, the McCormick Place | ||||||
21 | Expansion Project Fund, the Energy Infrastructure Fund, and | ||||||
22 | the Tax Compliance and Administration Fund as provided in this | ||||||
23 | Section, the Department shall pay each month into the Road | ||||||
24 | Fund the amount estimated to represent 16% of the net revenue | ||||||
25 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
26 | Beginning July 1, 2022 and until July 1, 2023, subject to the |
| |||||||
| |||||||
1 | payment of amounts into the State and Local Sales Tax Reform | ||||||
2 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
3 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
4 | Compliance and Administration Fund as provided in this | ||||||
5 | Section, the Department shall pay each month into the Road | ||||||
6 | Fund the amount estimated to represent 32% of the net revenue | ||||||
7 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
8 | Beginning July 1, 2023 and until July 1, 2024, subject to the | ||||||
9 | payment of amounts into the State and Local Sales Tax Reform | ||||||
10 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
11 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
12 | Compliance and Administration Fund as provided in this | ||||||
13 | Section, the Department shall pay each month into the Road | ||||||
14 | Fund the amount estimated to represent 48% of the net revenue | ||||||
15 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
16 | Beginning July 1, 2024 and until July 1, 2025, subject to the | ||||||
17 | payment of amounts into the State and Local Sales Tax Reform | ||||||
18 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
19 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
20 | Compliance and Administration Fund as provided in this | ||||||
21 | Section, the Department shall pay each month into the Road | ||||||
22 | Fund the amount estimated to represent 64% of the net revenue | ||||||
23 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
24 | Beginning on July 1, 2025, subject to the payment of amounts | ||||||
25 | into the State and Local Sales Tax Reform Fund, the Build | ||||||
26 | Illinois Fund, the McCormick Place Expansion Project Fund, the |
| |||||||
| |||||||
1 | Illinois Tax Increment Fund, and the Tax Compliance and | ||||||
2 | Administration Fund as provided in this Section, the | ||||||
3 | Department shall pay each month into the Road Fund the amount | ||||||
4 | estimated to represent 80% of the net revenue realized from | ||||||
5 | the taxes imposed on motor fuel and gasohol. As used in this | ||||||
6 | paragraph "motor fuel" has the meaning given to that term in | ||||||
7 | Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the | ||||||
8 | meaning given to that term in Section 3-40 of the Use Tax Act. | ||||||
9 | Of the remainder of the moneys received by the Department | ||||||
10 | pursuant to this Act, 75% thereof shall be paid into the | ||||||
11 | General Revenue Fund of the State Treasury and 25% shall be | ||||||
12 | reserved in a special account and used only for the transfer to | ||||||
13 | the Common School Fund as part of the monthly transfer from the | ||||||
14 | General Revenue Fund in accordance with Section 8a of the | ||||||
15 | State Finance Act. | ||||||
16 | As soon as possible after the first day of each month, upon | ||||||
17 | certification of the Department of Revenue, the Comptroller | ||||||
18 | shall order transferred and the Treasurer shall transfer from | ||||||
19 | the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||||||
20 | equal to 1.7% of 80% of the net revenue realized under this Act | ||||||
21 | for the second preceding month. Beginning April 1, 2000, this | ||||||
22 | transfer is no longer required and shall not be made. | ||||||
23 | Net revenue realized for a month shall be the revenue | ||||||
24 | collected by the State pursuant to this Act, less the amount | ||||||
25 | paid out during that month as refunds to taxpayers for | ||||||
26 | overpayment of liability. |
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| |||||||
1 | (Source: P.A. 102-700, eff. 4-19-22; 103-363, eff. 7-28-23.) | ||||||
2 | Section 25. The Service Occupation Tax Act is amended by | ||||||
3 | changing Section 9 as follows: | ||||||
4 | (35 ILCS 115/9) (from Ch. 120, par. 439.109) | ||||||
5 | Sec. 9. Each serviceman required or authorized to collect | ||||||
6 | the tax herein imposed shall pay to the Department the amount | ||||||
7 | of such tax at the time when he is required to file his return | ||||||
8 | for the period during which such tax was collectible, less a | ||||||
9 | discount of 2.1% prior to January 1, 1990, and 1.75% on and | ||||||
10 | after January 1, 1990, or $5 per calendar year, whichever is | ||||||
11 | greater, which is allowed to reimburse the serviceman for | ||||||
12 | expenses incurred in collecting the tax, keeping records, | ||||||
13 | preparing and filing returns, remitting the tax , and supplying | ||||||
14 | data to the Department on request. When determining the | ||||||
15 | discount allowed under this Section, servicemen shall include | ||||||
16 | the amount of tax that would have been due at the 1% rate but | ||||||
17 | for the 0% rate imposed under Public Act 102-700 this | ||||||
18 | amendatory Act of the 102nd General Assembly . The discount | ||||||
19 | under this Section is not allowed for the 1.25% portion of | ||||||
20 | taxes paid on aviation fuel that is subject to the revenue use | ||||||
21 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The | ||||||
22 | discount allowed under this Section is allowed only for | ||||||
23 | returns that are filed in the manner required by this Act. The | ||||||
24 | Department may disallow the discount for servicemen whose |
| |||||||
| |||||||
1 | certificate of registration is revoked at the time the return | ||||||
2 | is filed, but only if the Department's decision to revoke the | ||||||
3 | certificate of registration has become final. | ||||||
4 | Where such tangible personal property is sold under a | ||||||
5 | conditional sales contract, or under any other form of sale | ||||||
6 | wherein the payment of the principal sum, or a part thereof, is | ||||||
7 | extended beyond the close of the period for which the return is | ||||||
8 | filed, the serviceman, in collecting the tax may collect, for | ||||||
9 | each tax return period, only the tax applicable to the part of | ||||||
10 | the selling price actually received during such tax return | ||||||
11 | period. | ||||||
12 | Except as provided hereinafter in this Section, on or | ||||||
13 | before the twentieth day of each calendar month, such | ||||||
14 | serviceman shall file a return for the preceding calendar | ||||||
15 | month in accordance with reasonable rules and regulations to | ||||||
16 | be promulgated by the Department of Revenue. Such return shall | ||||||
17 | be filed on a form prescribed by the Department and shall | ||||||
18 | contain such information as the Department may reasonably | ||||||
19 | require. The return shall include the gross receipts which | ||||||
20 | were received during the preceding calendar month or quarter | ||||||
21 | on the following items upon which tax would have been due but | ||||||
22 | for the 0% rate imposed under Public Act 102-700 this | ||||||
23 | amendatory Act of the 102nd General Assembly : (i) food for | ||||||
24 | human consumption that is to be consumed off the premises | ||||||
25 | where it is sold (other than alcoholic beverages, food | ||||||
26 | consisting of or infused with adult use cannabis, soft drinks, |
| |||||||
| |||||||
1 | and food that has been prepared for immediate consumption); | ||||||
2 | and (ii) food prepared for immediate consumption and | ||||||
3 | transferred incident to a sale of service subject to this Act | ||||||
4 | or the Service Use Tax Act by an entity licensed under the | ||||||
5 | Hospital Licensing Act, the Nursing Home Care Act, the | ||||||
6 | Assisted Living and Shared Housing Act, the ID/DD Community | ||||||
7 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
8 | Rehabilitation Act of 2013, or the Child Care Act of 1969, or | ||||||
9 | an entity that holds a permit issued pursuant to the Life Care | ||||||
10 | Facilities Act. The return shall also include the amount of | ||||||
11 | tax that would have been due on the items listed in the | ||||||
12 | previous sentence but for the 0% rate imposed under Public Act | ||||||
13 | 102-700 this amendatory Act of the 102nd General Assembly . | ||||||
14 | On and after January 1, 2018, with respect to servicemen | ||||||
15 | whose annual gross receipts average $20,000 or more, all | ||||||
16 | returns required to be filed pursuant to this Act shall be | ||||||
17 | filed electronically. Servicemen who demonstrate that they do | ||||||
18 | not have access to the Internet or demonstrate hardship in | ||||||
19 | filing electronically may petition the Department to waive the | ||||||
20 | electronic filing requirement. | ||||||
21 | The Department may require returns to be filed on a | ||||||
22 | quarterly basis. If so required, a return for each calendar | ||||||
23 | quarter shall be filed on or before the twentieth day of the | ||||||
24 | calendar month following the end of such calendar quarter. The | ||||||
25 | taxpayer shall also file a return with the Department for each | ||||||
26 | of the first two months of each calendar quarter, on or before |
| |||||||
| |||||||
1 | the twentieth day of the following calendar month, stating: | ||||||
2 | 1. The name of the seller; | ||||||
3 | 2. The address of the principal place of business from | ||||||
4 | which he engages in business as a serviceman in this | ||||||
5 | State; | ||||||
6 | 3. The total amount of taxable receipts received by | ||||||
7 | him during the preceding calendar month, including | ||||||
8 | receipts from charge and time sales, but less all | ||||||
9 | deductions allowed by law; | ||||||
10 | 4. The amount of credit provided in Section 2d of this | ||||||
11 | Act; | ||||||
12 | 5. The amount of tax due; | ||||||
13 | 5-5. The signature of the taxpayer; and | ||||||
14 | 6. Such other reasonable information as the Department | ||||||
15 | may require. | ||||||
16 | Each serviceman required or authorized to collect the tax | ||||||
17 | herein imposed on aviation fuel acquired as an incident to the | ||||||
18 | purchase of a service in this State during the preceding | ||||||
19 | calendar month shall, instead of reporting and paying tax as | ||||||
20 | otherwise required by this Section, report and pay such tax on | ||||||
21 | a separate aviation fuel tax return. The requirements related | ||||||
22 | to the return shall be as otherwise provided in this Section. | ||||||
23 | Notwithstanding any other provisions of this Act to the | ||||||
24 | contrary, servicemen transferring aviation fuel incident to | ||||||
25 | sales of service shall file all aviation fuel tax returns and | ||||||
26 | shall make all aviation fuel tax payments by electronic means |
| |||||||
| |||||||
1 | in the manner and form required by the Department. For | ||||||
2 | purposes of this Section, "aviation fuel" means jet fuel and | ||||||
3 | aviation gasoline. | ||||||
4 | If a taxpayer fails to sign a return within 30 days after | ||||||
5 | the proper notice and demand for signature by the Department, | ||||||
6 | the return shall be considered valid and any amount shown to be | ||||||
7 | due on the return shall be deemed assessed. | ||||||
8 | Notwithstanding any other provision of this Act to the | ||||||
9 | contrary, servicemen subject to tax on cannabis shall file all | ||||||
10 | cannabis tax returns and shall make all cannabis tax payments | ||||||
11 | by electronic means in the manner and form required by the | ||||||
12 | Department. | ||||||
13 | Prior to October 1, 2003, and on and after September 1, | ||||||
14 | 2004 a serviceman may accept a Manufacturer's Purchase Credit | ||||||
15 | certification from a purchaser in satisfaction of Service Use | ||||||
16 | Tax as provided in Section 3-70 of the Service Use Tax Act if | ||||||
17 | the purchaser provides the appropriate documentation as | ||||||
18 | required by Section 3-70 of the Service Use Tax Act. A | ||||||
19 | Manufacturer's Purchase Credit certification, accepted prior | ||||||
20 | to October 1, 2003 or on or after September 1, 2004 by a | ||||||
21 | serviceman as provided in Section 3-70 of the Service Use Tax | ||||||
22 | Act, may be used by that serviceman to satisfy Service | ||||||
23 | Occupation Tax liability in the amount claimed in the | ||||||
24 | certification, not to exceed 6.25% of the receipts subject to | ||||||
25 | tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
26 | Credit reported on any original or amended return filed under |
| |||||||
| |||||||
1 | this Act after October 20, 2003 for reporting periods prior to | ||||||
2 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
3 | Credit reported on annual returns due on or after January 1, | ||||||
4 | 2005 will be disallowed for periods prior to September 1, | ||||||
5 | 2004. No Manufacturer's Purchase Credit may be used after | ||||||
6 | September 30, 2003 through August 31, 2004 to satisfy any tax | ||||||
7 | liability imposed under this Act, including any audit | ||||||
8 | liability. | ||||||
9 | Beginning on July 1, 2023 and through December 31, 2032, a | ||||||
10 | serviceman may accept a Sustainable Aviation Fuel Purchase | ||||||
11 | Credit certification from an air common carrier-purchaser in | ||||||
12 | satisfaction of Service Use Tax as provided in Section 3-72 of | ||||||
13 | the Service Use Tax Act if the purchaser provides the | ||||||
14 | appropriate documentation as required by Section 3-72 of the | ||||||
15 | Service Use Tax Act. A Sustainable Aviation Fuel Purchase | ||||||
16 | Credit certification accepted by a serviceman in accordance | ||||||
17 | with this paragraph may be used by that serviceman to satisfy | ||||||
18 | service occupation tax liability (but not in satisfaction of | ||||||
19 | penalty or interest) in the amount claimed in the | ||||||
20 | certification, not to exceed 6.25% of the receipts subject to | ||||||
21 | tax from a sale of aviation fuel. In addition, for a sale of | ||||||
22 | aviation fuel to qualify to earn the Sustainable Aviation Fuel | ||||||
23 | Purchase Credit, servicemen must retain in their books and | ||||||
24 | records a certification from the producer of the aviation fuel | ||||||
25 | that the aviation fuel sold by the serviceman and for which a | ||||||
26 | sustainable aviation fuel purchase credit was earned meets the |
| |||||||
| |||||||
1 | definition of sustainable aviation fuel under Section 3-72 of | ||||||
2 | the Service Use Tax Act. The documentation must include detail | ||||||
3 | sufficient for the Department to determine the number of | ||||||
4 | gallons of sustainable aviation fuel sold. | ||||||
5 | If the serviceman's average monthly tax liability to the | ||||||
6 | Department does not exceed $200, the Department may authorize | ||||||
7 | his returns to be filed on a quarter annual basis, with the | ||||||
8 | return for January, February , and March of a given year being | ||||||
9 | due by April 20 of such year; with the return for April, May , | ||||||
10 | and June of a given year being due by July 20 of such year; | ||||||
11 | with the return for July, August , and September of a given year | ||||||
12 | being due by October 20 of such year, and with the return for | ||||||
13 | October, November , and December of a given year being due by | ||||||
14 | January 20 of the following year. | ||||||
15 | If the serviceman's average monthly tax liability to the | ||||||
16 | Department does not exceed $50, the Department may authorize | ||||||
17 | his returns to be filed on an annual basis, with the return for | ||||||
18 | a given year being due by January 20 of the following year. | ||||||
19 | Such quarter annual and annual returns, as to form and | ||||||
20 | substance, shall be subject to the same requirements as | ||||||
21 | monthly returns. | ||||||
22 | Notwithstanding any other provision in this Act concerning | ||||||
23 | the time within which a serviceman may file his return, in the | ||||||
24 | case of any serviceman who ceases to engage in a kind of | ||||||
25 | business which makes him responsible for filing returns under | ||||||
26 | this Act, such serviceman shall file a final return under this |
| |||||||
| |||||||
1 | Act with the Department not more than one 1 month after | ||||||
2 | discontinuing such business. | ||||||
3 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
4 | monthly tax liability of $150,000 or more shall make all | ||||||
5 | payments required by rules of the Department by electronic | ||||||
6 | funds transfer. Beginning October 1, 1994, a taxpayer who has | ||||||
7 | an average monthly tax liability of $100,000 or more shall | ||||||
8 | make all payments required by rules of the Department by | ||||||
9 | electronic funds transfer. Beginning October 1, 1995, a | ||||||
10 | taxpayer who has an average monthly tax liability of $50,000 | ||||||
11 | or more shall make all payments required by rules of the | ||||||
12 | Department by electronic funds transfer. Beginning October 1, | ||||||
13 | 2000, a taxpayer who has an annual tax liability of $200,000 or | ||||||
14 | more shall make all payments required by rules of the | ||||||
15 | Department by electronic funds transfer. The term "annual tax | ||||||
16 | liability" shall be the sum of the taxpayer's liabilities | ||||||
17 | under this Act, and under all other State and local occupation | ||||||
18 | and use tax laws administered by the Department, for the | ||||||
19 | immediately preceding calendar year. The term "average monthly | ||||||
20 | tax liability" means the sum of the taxpayer's liabilities | ||||||
21 | under this Act, and under all other State and local occupation | ||||||
22 | and use tax laws administered by the Department, for the | ||||||
23 | immediately preceding calendar year divided by 12. Beginning | ||||||
24 | on October 1, 2002, a taxpayer who has a tax liability in the | ||||||
25 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
26 | Department of Revenue Law shall make all payments required by |
| |||||||
| |||||||
1 | rules of the Department by electronic funds transfer. | ||||||
2 | Before August 1 of each year beginning in 1993, the | ||||||
3 | Department shall notify all taxpayers required to make | ||||||
4 | payments by electronic funds transfer. All taxpayers required | ||||||
5 | to make payments by electronic funds transfer shall make those | ||||||
6 | payments for a minimum of one year beginning on October 1. | ||||||
7 | Any taxpayer not required to make payments by electronic | ||||||
8 | funds transfer may make payments by electronic funds transfer | ||||||
9 | with the permission of the Department. | ||||||
10 | All taxpayers required to make payment by electronic funds | ||||||
11 | transfer and any taxpayers authorized to voluntarily make | ||||||
12 | payments by electronic funds transfer shall make those | ||||||
13 | payments in the manner authorized by the Department. | ||||||
14 | The Department shall adopt such rules as are necessary to | ||||||
15 | effectuate a program of electronic funds transfer and the | ||||||
16 | requirements of this Section. | ||||||
17 | Where a serviceman collects the tax with respect to the | ||||||
18 | selling price of tangible personal property which he sells and | ||||||
19 | the purchaser thereafter returns such tangible personal | ||||||
20 | property and the serviceman refunds the selling price thereof | ||||||
21 | to the purchaser, such serviceman shall also refund, to the | ||||||
22 | purchaser, the tax so collected from the purchaser. When | ||||||
23 | filing his return for the period in which he refunds such tax | ||||||
24 | to the purchaser, the serviceman may deduct the amount of the | ||||||
25 | tax so refunded by him to the purchaser from any other Service | ||||||
26 | Occupation Tax, Service Use Tax, Retailers' Occupation Tax , or |
| |||||||
| |||||||
1 | Use Tax which such serviceman may be required to pay or remit | ||||||
2 | to the Department, as shown by such return, provided that the | ||||||
3 | amount of the tax to be deducted shall previously have been | ||||||
4 | remitted to the Department by such serviceman. If the | ||||||
5 | serviceman shall not previously have remitted the amount of | ||||||
6 | such tax to the Department, he shall be entitled to no | ||||||
7 | deduction hereunder upon refunding such tax to the purchaser. | ||||||
8 | If experience indicates such action to be practicable, the | ||||||
9 | Department may prescribe and furnish a combination or joint | ||||||
10 | return which will enable servicemen, who are required to file | ||||||
11 | returns hereunder and also under the Retailers' Occupation Tax | ||||||
12 | Act, the Use Tax Act , or the Service Use Tax Act, to furnish | ||||||
13 | all the return information required by all said Acts on the one | ||||||
14 | form. | ||||||
15 | Where the serviceman has more than one business registered | ||||||
16 | with the Department under separate registrations hereunder, | ||||||
17 | such serviceman shall file separate returns for each | ||||||
18 | registered business. | ||||||
19 | Beginning January 1, 1990, each month the Department shall | ||||||
20 | pay into the Local Government Tax Fund the revenue realized | ||||||
21 | for the preceding month from the 1% tax imposed under this Act. | ||||||
22 | Beginning January 1, 1990, each month the Department shall | ||||||
23 | pay into the County and Mass Transit District Fund 4% of the | ||||||
24 | revenue realized for the preceding month from the 6.25% | ||||||
25 | general rate on sales of tangible personal property other than | ||||||
26 | aviation fuel sold on or after December 1, 2019. This |
| |||||||
| |||||||
1 | exception for aviation fuel only applies for so long as the | ||||||
2 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
3 | 47133 are binding on the State. | ||||||
4 | Beginning August 1, 2000, each month the Department shall | ||||||
5 | pay into the County and Mass Transit District Fund 20% of the | ||||||
6 | net revenue realized for the preceding month from the 1.25% | ||||||
7 | rate on the selling price of motor fuel and gasohol. | ||||||
8 | Beginning January 1, 1990, each month the Department shall | ||||||
9 | pay into the Local Government Tax Fund 16% of the revenue | ||||||
10 | realized for the preceding month from the 6.25% general rate | ||||||
11 | on transfers of tangible personal property other than aviation | ||||||
12 | fuel sold on or after December 1, 2019. This exception for | ||||||
13 | aviation fuel only applies for so long as the revenue use | ||||||
14 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
15 | binding on the State. | ||||||
16 | For aviation fuel sold on or after December 1, 2019, each | ||||||
17 | month the Department shall pay into the State Aviation Program | ||||||
18 | Fund 20% of the net revenue realized for the preceding month | ||||||
19 | from the 6.25% general rate on the selling price of aviation | ||||||
20 | fuel, less an amount estimated by the Department to be | ||||||
21 | required for refunds of the 20% portion of the tax on aviation | ||||||
22 | fuel under this Act, which amount shall be deposited into the | ||||||
23 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
24 | pay moneys into the State Aviation Program Fund and the | ||||||
25 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
26 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 |
| |||||||
| |||||||
1 | U.S.C. 47133 are binding on the State. | ||||||
2 | Beginning August 1, 2000, each month the Department shall | ||||||
3 | pay into the Local Government Tax Fund 80% of the net revenue | ||||||
4 | realized for the preceding month from the 1.25% rate on the | ||||||
5 | selling price of motor fuel and gasohol. | ||||||
6 | Beginning October 1, 2009, each month the Department shall | ||||||
7 | pay into the Capital Projects Fund an amount that is equal to | ||||||
8 | an amount estimated by the Department to represent 80% of the | ||||||
9 | net revenue realized for the preceding month from the sale of | ||||||
10 | candy, grooming and hygiene products, and soft drinks that had | ||||||
11 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
12 | are now taxed at 6.25%. | ||||||
13 | Beginning July 1, 2013, each month the Department shall | ||||||
14 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
15 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
16 | Act, and the Retailers' Occupation Tax Act an amount equal to | ||||||
17 | the average monthly deficit in the Underground Storage Tank | ||||||
18 | Fund during the prior year, as certified annually by the | ||||||
19 | Illinois Environmental Protection Agency, but the total | ||||||
20 | payment into the Underground Storage Tank Fund under this Act, | ||||||
21 | the Use Tax Act, the Service Use Tax Act, and the Retailers' | ||||||
22 | Occupation Tax Act shall not exceed $18,000,000 in any State | ||||||
23 | fiscal year. As used in this paragraph, the "average monthly | ||||||
24 | deficit" shall be equal to the difference between the average | ||||||
25 | monthly claims for payment by the fund and the average monthly | ||||||
26 | revenues deposited into the fund, excluding payments made |
| |||||||
| |||||||
1 | pursuant to this paragraph. | ||||||
2 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
3 | received by the Department under the Use Tax Act, the Service | ||||||
4 | Use Tax Act, this Act, and the Retailers' Occupation Tax Act, | ||||||
5 | each month the Department shall deposit $500,000 into the | ||||||
6 | State Crime Laboratory Fund. | ||||||
7 | Beginning January 1, 2025, the remainder of the moneys | ||||||
8 | received by the Department under the Use Tax Act, the Service | ||||||
9 | Use Tax Act, this Act, and the Retailers' Occupation Tax Act | ||||||
10 | from the sale of firearm safety devices, as defined in | ||||||
11 | subsection (c) of Section 605-1115 of the Department of | ||||||
12 | Commerce and Economic Opportunity Law of the Civil | ||||||
13 | Administrative Code of Illinois, shall be deposited into the | ||||||
14 | Firearm Safety Rebate Fund. | ||||||
15 | Of the remainder of the moneys received by the Department | ||||||
16 | pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||||||
17 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
18 | and after July 1, 1989, 3.8% thereof shall be paid into the | ||||||
19 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
20 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
21 | may be, of the moneys received by the Department and required | ||||||
22 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
23 | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||||||
24 | Act, Section 9 of the Service Use Tax Act, and Section 9 of the | ||||||
25 | Service Occupation Tax Act, such Acts being hereinafter called | ||||||
26 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case |
| |||||||
| |||||||
1 | may be, of moneys being hereinafter called the "Tax Act | ||||||
2 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
3 | Fund from the State and Local Sales Tax Reform Fund shall be | ||||||
4 | less than the Annual Specified Amount (as defined in Section 3 | ||||||
5 | of the Retailers' Occupation Tax Act), an amount equal to the | ||||||
6 | difference shall be immediately paid into the Build Illinois | ||||||
7 | Fund from other moneys received by the Department pursuant to | ||||||
8 | the Tax Acts; and further provided, that if on the last | ||||||
9 | business day of any month the sum of (1) the Tax Act Amount | ||||||
10 | required to be deposited into the Build Illinois Account in | ||||||
11 | the Build Illinois Fund during such month and (2) the amount | ||||||
12 | transferred during such month to the Build Illinois Fund from | ||||||
13 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
14 | than 1/12 of the Annual Specified Amount, an amount equal to | ||||||
15 | the difference shall be immediately paid into the Build | ||||||
16 | Illinois Fund from other moneys received by the Department | ||||||
17 | pursuant to the Tax Acts; and, further provided, that in no | ||||||
18 | event shall the payments required under the preceding proviso | ||||||
19 | result in aggregate payments into the Build Illinois Fund | ||||||
20 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
21 | the greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
22 | Specified Amount for such fiscal year; and, further provided, | ||||||
23 | that the amounts payable into the Build Illinois Fund under | ||||||
24 | this clause (b) shall be payable only until such time as the | ||||||
25 | aggregate amount on deposit under each trust indenture | ||||||
26 | securing Bonds issued and outstanding pursuant to the Build |
| |||||||
| |||||||
1 | Illinois Bond Act is sufficient, taking into account any | ||||||
2 | future investment income, to fully provide, in accordance with | ||||||
3 | such indenture, for the defeasance of or the payment of the | ||||||
4 | principal of, premium, if any, and interest on the Bonds | ||||||
5 | secured by such indenture and on any Bonds expected to be | ||||||
6 | issued thereafter and all fees and costs payable with respect | ||||||
7 | thereto, all as certified by the Director of the Bureau of the | ||||||
8 | Budget (now Governor's Office of Management and Budget). If on | ||||||
9 | the last business day of any month in which Bonds are | ||||||
10 | outstanding pursuant to the Build Illinois Bond Act, the | ||||||
11 | aggregate of the moneys deposited in the Build Illinois Bond | ||||||
12 | Account in the Build Illinois Fund in such month shall be less | ||||||
13 | than the amount required to be transferred in such month from | ||||||
14 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
15 | Retirement and Interest Fund pursuant to Section 13 of the | ||||||
16 | Build Illinois Bond Act, an amount equal to such deficiency | ||||||
17 | shall be immediately paid from other moneys received by the | ||||||
18 | Department pursuant to the Tax Acts to the Build Illinois | ||||||
19 | Fund; provided, however, that any amounts paid to the Build | ||||||
20 | Illinois Fund in any fiscal year pursuant to this sentence | ||||||
21 | shall be deemed to constitute payments pursuant to clause (b) | ||||||
22 | of the preceding sentence and shall reduce the amount | ||||||
23 | otherwise payable for such fiscal year pursuant to clause (b) | ||||||
24 | of the preceding sentence. The moneys received by the | ||||||
25 | Department pursuant to this Act and required to be deposited | ||||||
26 | into the Build Illinois Fund are subject to the pledge, claim |
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1 | and charge set forth in Section 12 of the Build Illinois Bond | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | as provided in the preceding paragraph or in any amendment | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | thereto hereafter enacted, the following specified monthly | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | installment of the amount requested in the certificate of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Chairman of the Metropolitan Pier and Exposition Authority | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | in excess of the sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | deposited in the aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | 9 of the Service Occupation Tax Act, and Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Retailers' Occupation Tax Act into the McCormick Place | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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17 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | year thereafter, one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | certificate of the Chairman of the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Exposition Authority for that fiscal year, less the amount | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | the State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | (g) of Section 13 of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Authority Act, plus cumulative deficiencies in the deposits | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | required under this Section for previous months and years, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | shall be deposited into the McCormick Place Expansion Project |
| |||||||
| |||||||
1 | Fund, until the full amount requested for the fiscal year, but | ||||||
2 | not in excess of the amount specified above as "Total | ||||||
3 | Deposit", has been deposited. | ||||||
4 | Subject to payment of amounts into the Capital Projects | ||||||
5 | Fund, the Build Illinois Fund, and the McCormick Place | ||||||
6 | Expansion Project Fund pursuant to the preceding paragraphs or | ||||||
7 | in any amendments thereto hereafter enacted, for aviation fuel | ||||||
8 | sold on or after December 1, 2019, the Department shall each | ||||||
9 | month deposit into the Aviation Fuel Sales Tax Refund Fund an | ||||||
10 | amount estimated by the Department to be required for refunds | ||||||
11 | of the 80% portion of the tax on aviation fuel under this Act. | ||||||
12 | The Department shall only deposit moneys into the Aviation | ||||||
13 | Fuel Sales Tax Refund Fund under this paragraph for so long as | ||||||
14 | the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
15 | U.S.C. 47133 are binding on the State. | ||||||
16 | Subject to payment of amounts into the Build Illinois Fund | ||||||
17 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
18 | preceding paragraphs or in any amendments thereto hereafter | ||||||
19 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
20 | 2013, the Department shall each month pay into the Illinois | ||||||
21 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
22 | the preceding month from the 6.25% general rate on the selling | ||||||
23 | price of tangible personal property. | ||||||
24 | Subject to payment of amounts into the Build Illinois | ||||||
25 | Fund, the McCormick Place Expansion Project Fund, and the | ||||||
26 | Illinois Tax Increment Fund pursuant to the preceding |
| |||||||
| |||||||
1 | paragraphs or in any amendments to this Section hereafter | ||||||
2 | enacted, beginning on the first day of the first calendar | ||||||
3 | month to occur on or after August 26, 2014 (the effective date | ||||||
4 | of Public Act 98-1098), each month, from the collections made | ||||||
5 | under Section 9 of the Use Tax Act, Section 9 of the Service | ||||||
6 | Use Tax Act, Section 9 of the Service Occupation Tax Act, and | ||||||
7 | Section 3 of the Retailers' Occupation Tax Act, the Department | ||||||
8 | shall pay into the Tax Compliance and Administration Fund, to | ||||||
9 | be used, subject to appropriation, to fund additional auditors | ||||||
10 | and compliance personnel at the Department of Revenue, an | ||||||
11 | amount equal to 1/12 of 5% of 80% of the cash receipts | ||||||
12 | collected during the preceding fiscal year by the Audit Bureau | ||||||
13 | of the Department under the Use Tax Act, the Service Use Tax | ||||||
14 | Act, the Service Occupation Tax Act, the Retailers' Occupation | ||||||
15 | Tax Act, and associated local occupation and use taxes | ||||||
16 | administered by the Department. | ||||||
17 | Subject to payments of amounts into the Build Illinois | ||||||
18 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
19 | Tax Increment Fund, and the Tax Compliance and Administration | ||||||
20 | Fund as provided in this Section, beginning on July 1, 2018 the | ||||||
21 | Department shall pay each month into the Downstate Public | ||||||
22 | Transportation Fund the moneys required to be so paid under | ||||||
23 | Section 2-3 of the Downstate Public Transportation Act. | ||||||
24 | Subject to successful execution and delivery of a | ||||||
25 | public-private agreement between the public agency and private | ||||||
26 | entity and completion of the civic build, beginning on July 1, |
| |||||||
| |||||||
1 | 2023, of the remainder of the moneys received by the | ||||||
2 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
3 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
4 | deposit the following specified deposits in the aggregate from | ||||||
5 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
6 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
7 | Act, as required under Section 8.25g of the State Finance Act | ||||||
8 | for distribution consistent with the Public-Private | ||||||
9 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
10 | The moneys received by the Department pursuant to this Act and | ||||||
11 | required to be deposited into the Civic and Transit | ||||||
12 | Infrastructure Fund are subject to the pledge, claim and | ||||||
13 | charge set forth in Section 25-55 of the Public-Private | ||||||
14 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
15 | As used in this paragraph, "civic build", "private entity", | ||||||
16 | "public-private agreement", and "public agency" have the | ||||||
17 | meanings provided in Section 25-10 of the Public-Private | ||||||
18 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
19 | Fiscal Year ............................Total Deposit | ||||||
20 | 2024 ....................................$200,000,000 | ||||||
21 | 2025 ....................................$206,000,000 | ||||||
22 | 2026 ....................................$212,200,000 | ||||||
23 | 2027 ....................................$218,500,000 | ||||||
24 | 2028 ....................................$225,100,000 | ||||||
25 | 2029 ....................................$288,700,000 | ||||||
26 | 2030 ....................................$298,900,000 |
| |||||||
| |||||||
1 | 2031 ....................................$309,300,000 | ||||||
2 | 2032 ....................................$320,100,000 | ||||||
3 | 2033 ....................................$331,200,000 | ||||||
4 | 2034 ....................................$341,200,000 | ||||||
5 | 2035 ....................................$351,400,000 | ||||||
6 | 2036 ....................................$361,900,000 | ||||||
7 | 2037 ....................................$372,800,000 | ||||||
8 | 2038 ....................................$384,000,000 | ||||||
9 | 2039 ....................................$395,500,000 | ||||||
10 | 2040 ....................................$407,400,000 | ||||||
11 | 2041 ....................................$419,600,000 | ||||||
12 | 2042 ....................................$432,200,000 | ||||||
13 | 2043 ....................................$445,100,000 | ||||||
14 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
15 | the payment of amounts into the County and Mass Transit | ||||||
16 | District Fund, the Local Government Tax Fund, the Build | ||||||
17 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
18 | Illinois Tax Increment Fund, and the Tax Compliance and | ||||||
19 | Administration Fund as provided in this Section, the | ||||||
20 | Department shall pay each month into the Road Fund the amount | ||||||
21 | estimated to represent 16% of the net revenue realized from | ||||||
22 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
23 | 2022 and until July 1, 2023, subject to the payment of amounts | ||||||
24 | into the County and Mass Transit District Fund, the Local | ||||||
25 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
26 | Place Expansion Project Fund, the Illinois Tax Increment Fund, |
| |||||||
| |||||||
1 | and the Tax Compliance and Administration Fund as provided in | ||||||
2 | this Section, the Department shall pay each month into the | ||||||
3 | Road Fund the amount estimated to represent 32% of the net | ||||||
4 | revenue realized from the taxes imposed on motor fuel and | ||||||
5 | gasohol. Beginning July 1, 2023 and until July 1, 2024, | ||||||
6 | subject to the payment of amounts into the County and Mass | ||||||
7 | Transit District Fund, the Local Government Tax Fund, the | ||||||
8 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
9 | Fund, the Illinois Tax Increment Fund, and the Tax Compliance | ||||||
10 | and Administration Fund as provided in this Section, the | ||||||
11 | Department shall pay each month into the Road Fund the amount | ||||||
12 | estimated to represent 48% of the net revenue realized from | ||||||
13 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
14 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
15 | into the County and Mass Transit District Fund, the Local | ||||||
16 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
17 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
18 | and the Tax Compliance and Administration Fund as provided in | ||||||
19 | this Section, the Department shall pay each month into the | ||||||
20 | Road Fund the amount estimated to represent 64% of the net | ||||||
21 | revenue realized from the taxes imposed on motor fuel and | ||||||
22 | gasohol. Beginning on July 1, 2025, subject to the payment of | ||||||
23 | amounts into the County and Mass Transit District Fund, the | ||||||
24 | Local Government Tax Fund, the Build Illinois Fund, the | ||||||
25 | McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
26 | Increment Fund, and the Tax Compliance and Administration Fund |
| |||||||
| |||||||
1 | as provided in this Section, the Department shall pay each | ||||||
2 | month into the Road Fund the amount estimated to represent 80% | ||||||
3 | of the net revenue realized from the taxes imposed on motor | ||||||
4 | fuel and gasohol. As used in this paragraph "motor fuel" has | ||||||
5 | the meaning given to that term in Section 1.1 of the Motor Fuel | ||||||
6 | Tax Law, and "gasohol" has the meaning given to that term in | ||||||
7 | Section 3-40 of the Use Tax Act. | ||||||
8 | Of the remainder of the moneys received by the Department | ||||||
9 | pursuant to this Act, 75% shall be paid into the General | ||||||
10 | Revenue Fund of the State treasury Treasury and 25% shall be | ||||||
11 | reserved in a special account and used only for the transfer to | ||||||
12 | the Common School Fund as part of the monthly transfer from the | ||||||
13 | General Revenue Fund in accordance with Section 8a of the | ||||||
14 | State Finance Act. | ||||||
15 | The Department may, upon separate written notice to a | ||||||
16 | taxpayer, require the taxpayer to prepare and file with the | ||||||
17 | Department on a form prescribed by the Department within not | ||||||
18 | less than 60 days after receipt of the notice an annual | ||||||
19 | information return for the tax year specified in the notice. | ||||||
20 | Such annual return to the Department shall include a statement | ||||||
21 | of gross receipts as shown by the taxpayer's last federal | ||||||
22 | Federal income tax return. If the total receipts of the | ||||||
23 | business as reported in the federal Federal income tax return | ||||||
24 | do not agree with the gross receipts reported to the | ||||||
25 | Department of Revenue for the same period, the taxpayer shall | ||||||
26 | attach to his annual return a schedule showing a |
| |||||||
| |||||||
1 | reconciliation of the 2 amounts and the reasons for the | ||||||
2 | difference. The taxpayer's annual return to the Department | ||||||
3 | shall also disclose the cost of goods sold by the taxpayer | ||||||
4 | during the year covered by such return, opening and closing | ||||||
5 | inventories of such goods for such year, cost of goods used | ||||||
6 | from stock or taken from stock and given away by the taxpayer | ||||||
7 | during such year, pay roll information of the taxpayer's | ||||||
8 | business during such year and any additional reasonable | ||||||
9 | information which the Department deems would be helpful in | ||||||
10 | determining the accuracy of the monthly, quarterly or annual | ||||||
11 | returns filed by such taxpayer as hereinbefore provided for in | ||||||
12 | this Section. | ||||||
13 | If the annual information return required by this Section | ||||||
14 | is not filed when and as required, the taxpayer shall be liable | ||||||
15 | as follows: | ||||||
16 | (i) Until January 1, 1994, the taxpayer shall be | ||||||
17 | liable for a penalty equal to 1/6 of 1% of the tax due from | ||||||
18 | such taxpayer under this Act during the period to be | ||||||
19 | covered by the annual return for each month or fraction of | ||||||
20 | a month until such return is filed as required, the | ||||||
21 | penalty to be assessed and collected in the same manner as | ||||||
22 | any other penalty provided for in this Act. | ||||||
23 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
24 | be liable for a penalty as described in Section 3-4 of the | ||||||
25 | Uniform Penalty and Interest Act. | ||||||
26 | The chief executive officer, proprietor, owner , or highest |
| |||||||
| |||||||
1 | ranking manager shall sign the annual return to certify the | ||||||
2 | accuracy of the information contained therein. Any person who | ||||||
3 | willfully signs the annual return containing false or | ||||||
4 | inaccurate information shall be guilty of perjury and punished | ||||||
5 | accordingly. The annual return form prescribed by the | ||||||
6 | Department shall include a warning that the person signing the | ||||||
7 | return may be liable for perjury. | ||||||
8 | The foregoing portion of this Section concerning the | ||||||
9 | filing of an annual information return shall not apply to a | ||||||
10 | serviceman who is not required to file an income tax return | ||||||
11 | with the United States Government. | ||||||
12 | As soon as possible after the first day of each month, upon | ||||||
13 | certification of the Department of Revenue, the Comptroller | ||||||
14 | shall order transferred and the Treasurer shall transfer from | ||||||
15 | the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||||||
16 | equal to 1.7% of 80% of the net revenue realized under this Act | ||||||
17 | for the second preceding month. Beginning April 1, 2000, this | ||||||
18 | transfer is no longer required and shall not be made. | ||||||
19 | Net revenue realized for a month shall be the revenue | ||||||
20 | collected by the State pursuant to this Act, less the amount | ||||||
21 | paid out during that month as refunds to taxpayers for | ||||||
22 | overpayment of liability. | ||||||
23 | For greater simplicity of administration, it shall be | ||||||
24 | permissible for manufacturers, importers and wholesalers whose | ||||||
25 | products are sold by numerous servicemen in Illinois, and who | ||||||
26 | wish to do so, to assume the responsibility for accounting and |
| |||||||
| |||||||
1 | paying to the Department all tax accruing under this Act with | ||||||
2 | respect to such sales, if the servicemen who are affected do | ||||||
3 | not make written objection to the Department to this | ||||||
4 | arrangement. | ||||||
5 | (Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23; | ||||||
6 | 103-363, eff. 7-28-23; revised 9-25-23.) | ||||||
7 | Section 30. The Retailers' Occupation Tax Act is amended | ||||||
8 | by changing Section 3 as follows: | ||||||
9 | (35 ILCS 120/3) (from Ch. 120, par. 442) | ||||||
10 | Sec. 3. Except as provided in this Section, on or before | ||||||
11 | the twentieth day of each calendar month, every person engaged | ||||||
12 | in the business of selling tangible personal property at | ||||||
13 | retail in this State during the preceding calendar month shall | ||||||
14 | file a return with the Department, stating: | ||||||
15 | 1. The name of the seller; | ||||||
16 | 2. His residence address and the address of his | ||||||
17 | principal place of business and the address of the | ||||||
18 | principal place of business (if that is a different | ||||||
19 | address) from which he engages in the business of selling | ||||||
20 | tangible personal property at retail in this State; | ||||||
21 | 3. Total amount of receipts received by him during the | ||||||
22 | preceding calendar month or quarter, as the case may be, | ||||||
23 | from sales of tangible personal property, and from | ||||||
24 | services furnished, by him during such preceding calendar |
| |||||||
| |||||||
1 | month or quarter; | ||||||
2 | 4. Total amount received by him during the preceding | ||||||
3 | calendar month or quarter on charge and time sales of | ||||||
4 | tangible personal property, and from services furnished, | ||||||
5 | by him prior to the month or quarter for which the return | ||||||
6 | is filed; | ||||||
7 | 5. Deductions allowed by law; | ||||||
8 | 6. Gross receipts which were received by him during | ||||||
9 | the preceding calendar month or quarter and upon the basis | ||||||
10 | of which the tax is imposed, including gross receipts on | ||||||
11 | food for human consumption that is to be consumed off the | ||||||
12 | premises where it is sold (other than alcoholic beverages, | ||||||
13 | food consisting of or infused with adult use cannabis, | ||||||
14 | soft drinks, and food that has been prepared for immediate | ||||||
15 | consumption) which were received during the preceding | ||||||
16 | calendar month or quarter and upon which tax would have | ||||||
17 | been due but for the 0% rate imposed under Public Act | ||||||
18 | 102-700; | ||||||
19 | 7. The amount of credit provided in Section 2d of this | ||||||
20 | Act; | ||||||
21 | 8. The amount of tax due, including the amount of tax | ||||||
22 | that would have been due on food for human consumption | ||||||
23 | that is to be consumed off the premises where it is sold | ||||||
24 | (other than alcoholic beverages, food consisting of or | ||||||
25 | infused with adult use cannabis, soft drinks, and food | ||||||
26 | that has been prepared for immediate consumption) but for |
| |||||||
| |||||||
1 | the 0% rate imposed under Public Act 102-700; | ||||||
2 | 9. The signature of the taxpayer; and | ||||||
3 | 10. Such other reasonable information as the | ||||||
4 | Department may require. | ||||||
5 | On and after January 1, 2018, except for returns required | ||||||
6 | to be filed prior to January 1, 2023 for motor vehicles, | ||||||
7 | watercraft, aircraft, and trailers that are required to be | ||||||
8 | registered with an agency of this State, with respect to | ||||||
9 | retailers whose annual gross receipts average $20,000 or more, | ||||||
10 | all returns required to be filed pursuant to this Act shall be | ||||||
11 | filed electronically. On and after January 1, 2023, with | ||||||
12 | respect to retailers whose annual gross receipts average | ||||||
13 | $20,000 or more, all returns required to be filed pursuant to | ||||||
14 | this Act, including, but not limited to, returns for motor | ||||||
15 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
16 | to be registered with an agency of this State, shall be filed | ||||||
17 | electronically. Retailers who demonstrate that they do not | ||||||
18 | have access to the Internet or demonstrate hardship in filing | ||||||
19 | electronically may petition the Department to waive the | ||||||
20 | electronic filing requirement. | ||||||
21 | If a taxpayer fails to sign a return within 30 days after | ||||||
22 | the proper notice and demand for signature by the Department, | ||||||
23 | the return shall be considered valid and any amount shown to be | ||||||
24 | due on the return shall be deemed assessed. | ||||||
25 | Each return shall be accompanied by the statement of | ||||||
26 | prepaid tax issued pursuant to Section 2e for which credit is |
| |||||||
| |||||||
1 | claimed. | ||||||
2 | Prior to October 1, 2003 , and on and after September 1, | ||||||
3 | 2004 , a retailer may accept a Manufacturer's Purchase Credit | ||||||
4 | certification from a purchaser in satisfaction of Use Tax as | ||||||
5 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
6 | provides the appropriate documentation as required by Section | ||||||
7 | 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit | ||||||
8 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
9 | and on and after September 1, 2004 as provided in Section 3-85 | ||||||
10 | of the Use Tax Act, may be used by that retailer to satisfy | ||||||
11 | Retailers' Occupation Tax liability in the amount claimed in | ||||||
12 | the certification, not to exceed 6.25% of the receipts subject | ||||||
13 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
14 | Credit reported on any original or amended return filed under | ||||||
15 | this Act after October 20, 2003 for reporting periods prior to | ||||||
16 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
17 | Credit reported on annual returns due on or after January 1, | ||||||
18 | 2005 will be disallowed for periods prior to September 1, | ||||||
19 | 2004. No Manufacturer's Purchase Credit may be used after | ||||||
20 | September 30, 2003 through August 31, 2004 to satisfy any tax | ||||||
21 | liability imposed under this Act, including any audit | ||||||
22 | liability. | ||||||
23 | Beginning on July 1, 2023 and through December 31, 2032, a | ||||||
24 | retailer may accept a Sustainable Aviation Fuel Purchase | ||||||
25 | Credit certification from an air common carrier-purchaser in | ||||||
26 | satisfaction of Use Tax on aviation fuel as provided in |
| |||||||
| |||||||
1 | Section 3-87 of the Use Tax Act if the purchaser provides the | ||||||
2 | appropriate documentation as required by Section 3-87 of the | ||||||
3 | Use Tax Act. A Sustainable Aviation Fuel Purchase Credit | ||||||
4 | certification accepted by a retailer in accordance with this | ||||||
5 | paragraph may be used by that retailer to satisfy Retailers' | ||||||
6 | Occupation Tax liability (but not in satisfaction of penalty | ||||||
7 | or interest) in the amount claimed in the certification, not | ||||||
8 | to exceed 6.25% of the receipts subject to tax from a sale of | ||||||
9 | aviation fuel. In addition, for a sale of aviation fuel to | ||||||
10 | qualify to earn the Sustainable Aviation Fuel Purchase Credit, | ||||||
11 | retailers must retain in their books and records a | ||||||
12 | certification from the producer of the aviation fuel that the | ||||||
13 | aviation fuel sold by the retailer and for which a sustainable | ||||||
14 | aviation fuel purchase credit was earned meets the definition | ||||||
15 | of sustainable aviation fuel under Section 3-87 of the Use Tax | ||||||
16 | Act. The documentation must include detail sufficient for the | ||||||
17 | Department to determine the number of gallons of sustainable | ||||||
18 | aviation fuel sold. | ||||||
19 | The Department may require returns to be filed on a | ||||||
20 | quarterly basis. If so required, a return for each calendar | ||||||
21 | quarter shall be filed on or before the twentieth day of the | ||||||
22 | calendar month following the end of such calendar quarter. The | ||||||
23 | taxpayer shall also file a return with the Department for each | ||||||
24 | of the first 2 two months of each calendar quarter, on or | ||||||
25 | before the twentieth day of the following calendar month, | ||||||
26 | stating: |
| |||||||
| |||||||
1 | 1. The name of the seller; | ||||||
2 | 2. The address of the principal place of business from | ||||||
3 | which he engages in the business of selling tangible | ||||||
4 | personal property at retail in this State; | ||||||
5 | 3. The total amount of taxable receipts received by | ||||||
6 | him during the preceding calendar month from sales of | ||||||
7 | tangible personal property by him during such preceding | ||||||
8 | calendar month, including receipts from charge and time | ||||||
9 | sales, but less all deductions allowed by law; | ||||||
10 | 4. The amount of credit provided in Section 2d of this | ||||||
11 | Act; | ||||||
12 | 5. The amount of tax due; and | ||||||
13 | 6. Such other reasonable information as the Department | ||||||
14 | may require. | ||||||
15 | Every person engaged in the business of selling aviation | ||||||
16 | fuel at retail in this State during the preceding calendar | ||||||
17 | month shall, instead of reporting and paying tax as otherwise | ||||||
18 | required by this Section, report and pay such tax on a separate | ||||||
19 | aviation fuel tax return. The requirements related to the | ||||||
20 | return shall be as otherwise provided in this Section. | ||||||
21 | Notwithstanding any other provisions of this Act to the | ||||||
22 | contrary, retailers selling aviation fuel shall file all | ||||||
23 | aviation fuel tax returns and shall make all aviation fuel tax | ||||||
24 | payments by electronic means in the manner and form required | ||||||
25 | by the Department. For purposes of this Section, "aviation | ||||||
26 | fuel" means jet fuel and aviation gasoline. |
| |||||||
| |||||||
1 | Beginning on October 1, 2003, any person who is not a | ||||||
2 | licensed distributor, importing distributor, or manufacturer, | ||||||
3 | as defined in the Liquor Control Act of 1934, but is engaged in | ||||||
4 | the business of selling, at retail, alcoholic liquor shall | ||||||
5 | file a statement with the Department of Revenue, in a format | ||||||
6 | and at a time prescribed by the Department, showing the total | ||||||
7 | amount paid for alcoholic liquor purchased during the | ||||||
8 | preceding month and such other information as is reasonably | ||||||
9 | required by the Department. The Department may adopt rules to | ||||||
10 | require that this statement be filed in an electronic or | ||||||
11 | telephonic format. Such rules may provide for exceptions from | ||||||
12 | the filing requirements of this paragraph. For the purposes of | ||||||
13 | this paragraph, the term "alcoholic liquor" shall have the | ||||||
14 | meaning prescribed in the Liquor Control Act of 1934. | ||||||
15 | Beginning on October 1, 2003, every distributor, importing | ||||||
16 | distributor, and manufacturer of alcoholic liquor as defined | ||||||
17 | in the Liquor Control Act of 1934, shall file a statement with | ||||||
18 | the Department of Revenue, no later than the 10th day of the | ||||||
19 | month for the preceding month during which transactions | ||||||
20 | occurred, by electronic means, showing the total amount of | ||||||
21 | gross receipts from the sale of alcoholic liquor sold or | ||||||
22 | distributed during the preceding month to purchasers; | ||||||
23 | identifying the purchaser to whom it was sold or distributed; | ||||||
24 | the purchaser's tax registration number; and such other | ||||||
25 | information reasonably required by the Department. A | ||||||
26 | distributor, importing distributor, or manufacturer of |
| |||||||
| |||||||
1 | alcoholic liquor must personally deliver, mail, or provide by | ||||||
2 | electronic means to each retailer listed on the monthly | ||||||
3 | statement a report containing a cumulative total of that | ||||||
4 | distributor's, importing distributor's, or manufacturer's | ||||||
5 | total sales of alcoholic liquor to that retailer no later than | ||||||
6 | the 10th day of the month for the preceding month during which | ||||||
7 | the transaction occurred. The distributor, importing | ||||||
8 | distributor, or manufacturer shall notify the retailer as to | ||||||
9 | the method by which the distributor, importing distributor, or | ||||||
10 | manufacturer will provide the sales information. If the | ||||||
11 | retailer is unable to receive the sales information by | ||||||
12 | electronic means, the distributor, importing distributor, or | ||||||
13 | manufacturer shall furnish the sales information by personal | ||||||
14 | delivery or by mail. For purposes of this paragraph, the term | ||||||
15 | "electronic means" includes, but is not limited to, the use of | ||||||
16 | a secure Internet website, e-mail, or facsimile. | ||||||
17 | If a total amount of less than $1 is payable, refundable or | ||||||
18 | creditable, such amount shall be disregarded if it is less | ||||||
19 | than 50 cents and shall be increased to $1 if it is 50 cents or | ||||||
20 | more. | ||||||
21 | Notwithstanding any other provision of this Act to the | ||||||
22 | contrary, retailers subject to tax on cannabis shall file all | ||||||
23 | cannabis tax returns and shall make all cannabis tax payments | ||||||
24 | by electronic means in the manner and form required by the | ||||||
25 | Department. | ||||||
26 | Beginning October 1, 1993, a taxpayer who has an average |
| |||||||
| |||||||
1 | monthly tax liability of $150,000 or more shall make all | ||||||
2 | payments required by rules of the Department by electronic | ||||||
3 | funds transfer. Beginning October 1, 1994, a taxpayer who has | ||||||
4 | an average monthly tax liability of $100,000 or more shall | ||||||
5 | make all payments required by rules of the Department by | ||||||
6 | electronic funds transfer. Beginning October 1, 1995, a | ||||||
7 | taxpayer who has an average monthly tax liability of $50,000 | ||||||
8 | or more shall make all payments required by rules of the | ||||||
9 | Department by electronic funds transfer. Beginning October 1, | ||||||
10 | 2000, a taxpayer who has an annual tax liability of $200,000 or | ||||||
11 | more shall make all payments required by rules of the | ||||||
12 | Department by electronic funds transfer. The term "annual tax | ||||||
13 | liability" shall be the sum of the taxpayer's liabilities | ||||||
14 | under this Act, and under all other State and local occupation | ||||||
15 | and use tax laws administered by the Department, for the | ||||||
16 | immediately preceding calendar year. The term "average monthly | ||||||
17 | tax liability" shall be the sum of the taxpayer's liabilities | ||||||
18 | under this Act, and under all other State and local occupation | ||||||
19 | and use tax laws administered by the Department, for the | ||||||
20 | immediately preceding calendar year divided by 12. Beginning | ||||||
21 | on October 1, 2002, a taxpayer who has a tax liability in the | ||||||
22 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
23 | Department of Revenue Law shall make all payments required by | ||||||
24 | rules of the Department by electronic funds transfer. | ||||||
25 | Before August 1 of each year beginning in 1993, the | ||||||
26 | Department shall notify all taxpayers required to make |
| |||||||
| |||||||
1 | payments by electronic funds transfer. All taxpayers required | ||||||
2 | to make payments by electronic funds transfer shall make those | ||||||
3 | payments for a minimum of one year beginning on October 1. | ||||||
4 | Any taxpayer not required to make payments by electronic | ||||||
5 | funds transfer may make payments by electronic funds transfer | ||||||
6 | with the permission of the Department. | ||||||
7 | All taxpayers required to make payment by electronic funds | ||||||
8 | transfer and any taxpayers authorized to voluntarily make | ||||||
9 | payments by electronic funds transfer shall make those | ||||||
10 | payments in the manner authorized by the Department. | ||||||
11 | The Department shall adopt such rules as are necessary to | ||||||
12 | effectuate a program of electronic funds transfer and the | ||||||
13 | requirements of this Section. | ||||||
14 | Any amount which is required to be shown or reported on any | ||||||
15 | return or other document under this Act shall, if such amount | ||||||
16 | is not a whole-dollar amount, be increased to the nearest | ||||||
17 | whole-dollar amount in any case where the fractional part of a | ||||||
18 | dollar is 50 cents or more, and decreased to the nearest | ||||||
19 | whole-dollar amount where the fractional part of a dollar is | ||||||
20 | less than 50 cents. | ||||||
21 | If the retailer is otherwise required to file a monthly | ||||||
22 | return and if the retailer's average monthly tax liability to | ||||||
23 | the Department does not exceed $200, the Department may | ||||||
24 | authorize his returns to be filed on a quarter annual basis, | ||||||
25 | with the return for January, February , and March of a given | ||||||
26 | year being due by April 20 of such year; with the return for |
| |||||||
| |||||||
1 | April, May , and June of a given year being due by July 20 of | ||||||
2 | such year; with the return for July, August , and September of a | ||||||
3 | given year being due by October 20 of such year, and with the | ||||||
4 | return for October, November , and December of a given year | ||||||
5 | being due by January 20 of the following year. | ||||||
6 | If the retailer is otherwise required to file a monthly or | ||||||
7 | quarterly return and if the retailer's average monthly tax | ||||||
8 | liability with the Department does not exceed $50, the | ||||||
9 | Department may authorize his returns to be filed on an annual | ||||||
10 | basis, with the return for a given year being due by January 20 | ||||||
11 | of the following year. | ||||||
12 | Such quarter annual and annual returns, as to form and | ||||||
13 | substance, shall be subject to the same requirements as | ||||||
14 | monthly returns. | ||||||
15 | Notwithstanding any other provision in this Act concerning | ||||||
16 | the time within which a retailer may file his return, in the | ||||||
17 | case of any retailer who ceases to engage in a kind of business | ||||||
18 | which makes him responsible for filing returns under this Act, | ||||||
19 | such retailer shall file a final return under this Act with the | ||||||
20 | Department not more than one month after discontinuing such | ||||||
21 | business. | ||||||
22 | Where the same person has more than one business | ||||||
23 | registered with the Department under separate registrations | ||||||
24 | under this Act, such person may not file each return that is | ||||||
25 | due as a single return covering all such registered | ||||||
26 | businesses, but shall file separate returns for each such |
| |||||||
| |||||||
1 | registered business. | ||||||
2 | In addition, with respect to motor vehicles, watercraft, | ||||||
3 | aircraft, and trailers that are required to be registered with | ||||||
4 | an agency of this State, except as otherwise provided in this | ||||||
5 | Section, every retailer selling this kind of tangible personal | ||||||
6 | property shall file, with the Department, upon a form to be | ||||||
7 | prescribed and supplied by the Department, a separate return | ||||||
8 | for each such item of tangible personal property which the | ||||||
9 | retailer sells, except that if, in the same transaction, (i) a | ||||||
10 | retailer of aircraft, watercraft, motor vehicles , or trailers | ||||||
11 | transfers more than one aircraft, watercraft, motor vehicle , | ||||||
12 | or trailer to another aircraft, watercraft, motor vehicle | ||||||
13 | retailer , or trailer retailer for the purpose of resale or | ||||||
14 | (ii) a retailer of aircraft, watercraft, motor vehicles, or | ||||||
15 | trailers transfers more than one aircraft, watercraft, motor | ||||||
16 | vehicle, or trailer to a purchaser for use as a qualifying | ||||||
17 | rolling stock as provided in Section 2-5 of this Act, then that | ||||||
18 | seller may report the transfer of all aircraft, watercraft, | ||||||
19 | motor vehicles , or trailers involved in that transaction to | ||||||
20 | the Department on the same uniform invoice-transaction | ||||||
21 | reporting return form. For purposes of this Section, | ||||||
22 | "watercraft" means a Class 2, Class 3, or Class 4 watercraft as | ||||||
23 | defined in Section 3-2 of the Boat Registration and Safety | ||||||
24 | Act, a personal watercraft, or any boat equipped with an | ||||||
25 | inboard motor. | ||||||
26 | In addition, with respect to motor vehicles, watercraft, |
| |||||||
| |||||||
1 | aircraft, and trailers that are required to be registered with | ||||||
2 | an agency of this State, every person who is engaged in the | ||||||
3 | business of leasing or renting such items and who, in | ||||||
4 | connection with such business, sells any such item to a | ||||||
5 | retailer for the purpose of resale is, notwithstanding any | ||||||
6 | other provision of this Section to the contrary, authorized to | ||||||
7 | meet the return-filing requirement of this Act by reporting | ||||||
8 | the transfer of all the aircraft, watercraft, motor vehicles, | ||||||
9 | or trailers transferred for resale during a month to the | ||||||
10 | Department on the same uniform invoice-transaction reporting | ||||||
11 | return form on or before the 20th of the month following the | ||||||
12 | month in which the transfer takes place. Notwithstanding any | ||||||
13 | other provision of this Act to the contrary, all returns filed | ||||||
14 | under this paragraph must be filed by electronic means in the | ||||||
15 | manner and form as required by the Department. | ||||||
16 | Any retailer who sells only motor vehicles, watercraft, | ||||||
17 | aircraft, or trailers that are required to be registered with | ||||||
18 | an agency of this State, so that all retailers' occupation tax | ||||||
19 | liability is required to be reported, and is reported, on such | ||||||
20 | transaction reporting returns and who is not otherwise | ||||||
21 | required to file monthly or quarterly returns, need not file | ||||||
22 | monthly or quarterly returns. However, those retailers shall | ||||||
23 | be required to file returns on an annual basis. | ||||||
24 | The transaction reporting return, in the case of motor | ||||||
25 | vehicles or trailers that are required to be registered with | ||||||
26 | an agency of this State, shall be the same document as the |
| |||||||
| |||||||
1 | Uniform Invoice referred to in Section 5-402 of the Illinois | ||||||
2 | Vehicle Code and must show the name and address of the seller; | ||||||
3 | the name and address of the purchaser; the amount of the | ||||||
4 | selling price including the amount allowed by the retailer for | ||||||
5 | traded-in property, if any; the amount allowed by the retailer | ||||||
6 | for the traded-in tangible personal property, if any, to the | ||||||
7 | extent to which Section 1 of this Act allows an exemption for | ||||||
8 | the value of traded-in property; the balance payable after | ||||||
9 | deducting such trade-in allowance from the total selling | ||||||
10 | price; the amount of tax due from the retailer with respect to | ||||||
11 | such transaction; the amount of tax collected from the | ||||||
12 | purchaser by the retailer on such transaction (or satisfactory | ||||||
13 | evidence that such tax is not due in that particular instance, | ||||||
14 | if that is claimed to be the fact); the place and date of the | ||||||
15 | sale; a sufficient identification of the property sold; such | ||||||
16 | other information as is required in Section 5-402 of the | ||||||
17 | Illinois Vehicle Code, and such other information as the | ||||||
18 | Department may reasonably require. | ||||||
19 | The transaction reporting return in the case of watercraft | ||||||
20 | or aircraft must show the name and address of the seller; the | ||||||
21 | name and address of the purchaser; the amount of the selling | ||||||
22 | price including the amount allowed by the retailer for | ||||||
23 | traded-in property, if any; the amount allowed by the retailer | ||||||
24 | for the traded-in tangible personal property, if any, to the | ||||||
25 | extent to which Section 1 of this Act allows an exemption for | ||||||
26 | the value of traded-in property; the balance payable after |
| |||||||
| |||||||
1 | deducting such trade-in allowance from the total selling | ||||||
2 | price; the amount of tax due from the retailer with respect to | ||||||
3 | such transaction; the amount of tax collected from the | ||||||
4 | purchaser by the retailer on such transaction (or satisfactory | ||||||
5 | evidence that such tax is not due in that particular instance, | ||||||
6 | if that is claimed to be the fact); the place and date of the | ||||||
7 | sale, a sufficient identification of the property sold, and | ||||||
8 | such other information as the Department may reasonably | ||||||
9 | require. | ||||||
10 | Such transaction reporting return shall be filed not later | ||||||
11 | than 20 days after the day of delivery of the item that is | ||||||
12 | being sold, but may be filed by the retailer at any time sooner | ||||||
13 | than that if he chooses to do so. The transaction reporting | ||||||
14 | return and tax remittance or proof of exemption from the | ||||||
15 | Illinois use tax may be transmitted to the Department by way of | ||||||
16 | the State agency with which, or State officer with whom the | ||||||
17 | tangible personal property must be titled or registered (if | ||||||
18 | titling or registration is required) if the Department and | ||||||
19 | such agency or State officer determine that this procedure | ||||||
20 | will expedite the processing of applications for title or | ||||||
21 | registration. | ||||||
22 | With each such transaction reporting return, the retailer | ||||||
23 | shall remit the proper amount of tax due (or shall submit | ||||||
24 | satisfactory evidence that the sale is not taxable if that is | ||||||
25 | the case), to the Department or its agents, whereupon the | ||||||
26 | Department shall issue, in the purchaser's name, a use tax |
| |||||||
| |||||||
1 | receipt (or a certificate of exemption if the Department is | ||||||
2 | satisfied that the particular sale is tax exempt) which such | ||||||
3 | purchaser may submit to the agency with which, or State | ||||||
4 | officer with whom, he must title or register the tangible | ||||||
5 | personal property that is involved (if titling or registration | ||||||
6 | is required) in support of such purchaser's application for an | ||||||
7 | Illinois certificate or other evidence of title or | ||||||
8 | registration to such tangible personal property. | ||||||
9 | No retailer's failure or refusal to remit tax under this | ||||||
10 | Act precludes a user, who has paid the proper tax to the | ||||||
11 | retailer, from obtaining his certificate of title or other | ||||||
12 | evidence of title or registration (if titling or registration | ||||||
13 | is required) upon satisfying the Department that such user has | ||||||
14 | paid the proper tax (if tax is due) to the retailer. The | ||||||
15 | Department shall adopt appropriate rules to carry out the | ||||||
16 | mandate of this paragraph. | ||||||
17 | If the user who would otherwise pay tax to the retailer | ||||||
18 | wants the transaction reporting return filed and the payment | ||||||
19 | of the tax or proof of exemption made to the Department before | ||||||
20 | the retailer is willing to take these actions and such user has | ||||||
21 | not paid the tax to the retailer, such user may certify to the | ||||||
22 | fact of such delay by the retailer and may (upon the Department | ||||||
23 | being satisfied of the truth of such certification) transmit | ||||||
24 | the information required by the transaction reporting return | ||||||
25 | and the remittance for tax or proof of exemption directly to | ||||||
26 | the Department and obtain his tax receipt or exemption |
| |||||||
| |||||||
1 | determination, in which event the transaction reporting return | ||||||
2 | and tax remittance (if a tax payment was required) shall be | ||||||
3 | credited by the Department to the proper retailer's account | ||||||
4 | with the Department, but without the 2.1% or 1.75% discount | ||||||
5 | provided for in this Section being allowed. When the user pays | ||||||
6 | the tax directly to the Department, he shall pay the tax in the | ||||||
7 | same amount and in the same form in which it would be remitted | ||||||
8 | if the tax had been remitted to the Department by the retailer. | ||||||
9 | Refunds made by the seller during the preceding return | ||||||
10 | period to purchasers, on account of tangible personal property | ||||||
11 | returned to the seller, shall be allowed as a deduction under | ||||||
12 | subdivision 5 of his monthly or quarterly return, as the case | ||||||
13 | may be, in case the seller had theretofore included the | ||||||
14 | receipts from the sale of such tangible personal property in a | ||||||
15 | return filed by him and had paid the tax imposed by this Act | ||||||
16 | with respect to such receipts. | ||||||
17 | Where the seller is a corporation, the return filed on | ||||||
18 | behalf of such corporation shall be signed by the president, | ||||||
19 | vice-president, secretary , or treasurer or by the properly | ||||||
20 | accredited agent of such corporation. | ||||||
21 | Where the seller is a limited liability company, the | ||||||
22 | return filed on behalf of the limited liability company shall | ||||||
23 | be signed by a manager, member, or properly accredited agent | ||||||
24 | of the limited liability company. | ||||||
25 | Except as provided in this Section, the retailer filing | ||||||
26 | the return under this Section shall, at the time of filing such |
| |||||||
| |||||||
1 | return, pay to the Department the amount of tax imposed by this | ||||||
2 | Act less a discount of 2.1% prior to January 1, 1990 and 1.75% | ||||||
3 | on and after January 1, 1990, or $5 per calendar year, | ||||||
4 | whichever is greater, which is allowed to reimburse the | ||||||
5 | retailer for the expenses incurred in keeping records, | ||||||
6 | preparing and filing returns, remitting the tax and supplying | ||||||
7 | data to the Department on request. On and after January 1, | ||||||
8 | 2021, a certified service provider, as defined in the Leveling | ||||||
9 | the Playing Field for Illinois Retail Act, filing the return | ||||||
10 | under this Section on behalf of a remote retailer shall, at the | ||||||
11 | time of such return, pay to the Department the amount of tax | ||||||
12 | imposed by this Act less a discount of 1.75%. A remote retailer | ||||||
13 | using a certified service provider to file a return on its | ||||||
14 | behalf, as provided in the Leveling the Playing Field for | ||||||
15 | Illinois Retail Act, is not eligible for the discount. When | ||||||
16 | determining the discount allowed under this Section, retailers | ||||||
17 | shall include the amount of tax that would have been due at the | ||||||
18 | 1% rate but for the 0% rate imposed under Public Act 102-700. | ||||||
19 | When determining the discount allowed under this Section, | ||||||
20 | retailers shall include the amount of tax that would have been | ||||||
21 | due at the 6.25% rate but for the 1.25% rate imposed on sales | ||||||
22 | tax holiday items under Public Act 102-700. The discount under | ||||||
23 | this Section is not allowed for the 1.25% portion of taxes paid | ||||||
24 | on aviation fuel that is subject to the revenue use | ||||||
25 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any | ||||||
26 | prepayment made pursuant to Section 2d of this Act shall be |
| |||||||
| |||||||
1 | included in the amount on which such 2.1% or 1.75% discount is | ||||||
2 | computed. In the case of retailers who report and pay the tax | ||||||
3 | on a transaction by transaction basis, as provided in this | ||||||
4 | Section, such discount shall be taken with each such tax | ||||||
5 | remittance instead of when such retailer files his periodic | ||||||
6 | return. The discount allowed under this Section is allowed | ||||||
7 | only for returns that are filed in the manner required by this | ||||||
8 | Act. The Department may disallow the discount for retailers | ||||||
9 | whose certificate of registration is revoked at the time the | ||||||
10 | return is filed, but only if the Department's decision to | ||||||
11 | revoke the certificate of registration has become final. | ||||||
12 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
13 | tax liability to the Department under this Act, the Use Tax | ||||||
14 | Act, the Service Occupation Tax Act, and the Service Use Tax | ||||||
15 | Act, excluding any liability for prepaid sales tax to be | ||||||
16 | remitted in accordance with Section 2d of this Act, was | ||||||
17 | $10,000 or more during the preceding 4 complete calendar | ||||||
18 | quarters, he shall file a return with the Department each | ||||||
19 | month by the 20th day of the month next following the month | ||||||
20 | during which such tax liability is incurred and shall make | ||||||
21 | payments to the Department on or before the 7th, 15th, 22nd and | ||||||
22 | last day of the month during which such liability is incurred. | ||||||
23 | On and after October 1, 2000, if the taxpayer's average | ||||||
24 | monthly tax liability to the Department under this Act, the | ||||||
25 | Use Tax Act, the Service Occupation Tax Act, and the Service | ||||||
26 | Use Tax Act, excluding any liability for prepaid sales tax to |
| |||||||
| |||||||
1 | be remitted in accordance with Section 2d of this Act, was | ||||||
2 | $20,000 or more during the preceding 4 complete calendar | ||||||
3 | quarters, he shall file a return with the Department each | ||||||
4 | month by the 20th day of the month next following the month | ||||||
5 | during which such tax liability is incurred and shall make | ||||||
6 | payment to the Department on or before the 7th, 15th, 22nd and | ||||||
7 | last day of the month during which such liability is incurred. | ||||||
8 | If the month during which such tax liability is incurred began | ||||||
9 | prior to January 1, 1985, each payment shall be in an amount | ||||||
10 | equal to 1/4 of the taxpayer's actual liability for the month | ||||||
11 | or an amount set by the Department not to exceed 1/4 of the | ||||||
12 | average monthly liability of the taxpayer to the Department | ||||||
13 | for the preceding 4 complete calendar quarters (excluding the | ||||||
14 | month of highest liability and the month of lowest liability | ||||||
15 | in such 4 quarter period). If the month during which such tax | ||||||
16 | liability is incurred begins on or after January 1, 1985 and | ||||||
17 | prior to January 1, 1987, each payment shall be in an amount | ||||||
18 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
19 | month or 27.5% of the taxpayer's liability for the same | ||||||
20 | calendar month of the preceding year. If the month during | ||||||
21 | which such tax liability is incurred begins on or after | ||||||
22 | January 1, 1987 and prior to January 1, 1988, each payment | ||||||
23 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
24 | liability for the month or 26.25% of the taxpayer's liability | ||||||
25 | for the same calendar month of the preceding year. If the month | ||||||
26 | during which such tax liability is incurred begins on or after |
| |||||||
| |||||||
1 | January 1, 1988, and prior to January 1, 1989, or begins on or | ||||||
2 | after January 1, 1996, each payment shall be in an amount equal | ||||||
3 | to 22.5% of the taxpayer's actual liability for the month or | ||||||
4 | 25% of the taxpayer's liability for the same calendar month of | ||||||
5 | the preceding year. If the month during which such tax | ||||||
6 | liability is incurred begins on or after January 1, 1989, and | ||||||
7 | prior to January 1, 1996, each payment shall be in an amount | ||||||
8 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
9 | month or 25% of the taxpayer's liability for the same calendar | ||||||
10 | month of the preceding year or 100% of the taxpayer's actual | ||||||
11 | liability for the quarter monthly reporting period. The amount | ||||||
12 | of such quarter monthly payments shall be credited against the | ||||||
13 | final tax liability of the taxpayer's return for that month. | ||||||
14 | Before October 1, 2000, once applicable, the requirement of | ||||||
15 | the making of quarter monthly payments to the Department by | ||||||
16 | taxpayers having an average monthly tax liability of $10,000 | ||||||
17 | or more as determined in the manner provided above shall | ||||||
18 | continue until such taxpayer's average monthly liability to | ||||||
19 | the Department during the preceding 4 complete calendar | ||||||
20 | quarters (excluding the month of highest liability and the | ||||||
21 | month of lowest liability) is less than $9,000, or until such | ||||||
22 | taxpayer's average monthly liability to the Department as | ||||||
23 | computed for each calendar quarter of the 4 preceding complete | ||||||
24 | calendar quarter period is less than $10,000. However, if a | ||||||
25 | taxpayer can show the Department that a substantial change in | ||||||
26 | the taxpayer's business has occurred which causes the taxpayer |
| |||||||
| |||||||
1 | to anticipate that his average monthly tax liability for the | ||||||
2 | reasonably foreseeable future will fall below the $10,000 | ||||||
3 | threshold stated above, then such taxpayer may petition the | ||||||
4 | Department for a change in such taxpayer's reporting status. | ||||||
5 | On and after October 1, 2000, once applicable, the requirement | ||||||
6 | of the making of quarter monthly payments to the Department by | ||||||
7 | taxpayers having an average monthly tax liability of $20,000 | ||||||
8 | or more as determined in the manner provided above shall | ||||||
9 | continue until such taxpayer's average monthly liability to | ||||||
10 | the Department during the preceding 4 complete calendar | ||||||
11 | quarters (excluding the month of highest liability and the | ||||||
12 | month of lowest liability) is less than $19,000 or until such | ||||||
13 | taxpayer's average monthly liability to the Department as | ||||||
14 | computed for each calendar quarter of the 4 preceding complete | ||||||
15 | calendar quarter period is less than $20,000. However, if a | ||||||
16 | taxpayer can show the Department that a substantial change in | ||||||
17 | the taxpayer's business has occurred which causes the taxpayer | ||||||
18 | to anticipate that his average monthly tax liability for the | ||||||
19 | reasonably foreseeable future will fall below the $20,000 | ||||||
20 | threshold stated above, then such taxpayer may petition the | ||||||
21 | Department for a change in such taxpayer's reporting status. | ||||||
22 | The Department shall change such taxpayer's reporting status | ||||||
23 | unless it finds that such change is seasonal in nature and not | ||||||
24 | likely to be long term. Quarter monthly payment status shall | ||||||
25 | be determined under this paragraph as if the rate reduction to | ||||||
26 | 0% in Public Act 102-700 on food for human consumption that is |
| |||||||
| |||||||
1 | to be consumed off the premises where it is sold (other than | ||||||
2 | alcoholic beverages, food consisting of or infused with adult | ||||||
3 | use cannabis, soft drinks, and food that has been prepared for | ||||||
4 | immediate consumption) had not occurred. For quarter monthly | ||||||
5 | payments due under this paragraph on or after July 1, 2023 and | ||||||
6 | through June 30, 2024, "25% of the taxpayer's liability for | ||||||
7 | the same calendar month of the preceding year" shall be | ||||||
8 | determined as if the rate reduction to 0% in Public Act 102-700 | ||||||
9 | had not occurred. Quarter monthly payment status shall be | ||||||
10 | determined under this paragraph as if the rate reduction to | ||||||
11 | 1.25% in Public Act 102-700 on sales tax holiday items had not | ||||||
12 | occurred. For quarter monthly payments due on or after July 1, | ||||||
13 | 2023 and through June 30, 2024, "25% of the taxpayer's | ||||||
14 | liability for the same calendar month of the preceding year" | ||||||
15 | shall be determined as if the rate reduction to 1.25% in Public | ||||||
16 | Act 102-700 on sales tax holiday items had not occurred. If any | ||||||
17 | such quarter monthly payment is not paid at the time or in the | ||||||
18 | amount required by this Section, then the taxpayer shall be | ||||||
19 | liable for penalties and interest on the difference between | ||||||
20 | the minimum amount due as a payment and the amount of such | ||||||
21 | quarter monthly payment actually and timely paid, except | ||||||
22 | insofar as the taxpayer has previously made payments for that | ||||||
23 | month to the Department in excess of the minimum payments | ||||||
24 | previously due as provided in this Section. The Department | ||||||
25 | shall make reasonable rules and regulations to govern the | ||||||
26 | quarter monthly payment amount and quarter monthly payment |
| |||||||
| |||||||
1 | dates for taxpayers who file on other than a calendar monthly | ||||||
2 | basis. | ||||||
3 | The provisions of this paragraph apply before October 1, | ||||||
4 | 2001. Without regard to whether a taxpayer is required to make | ||||||
5 | quarter monthly payments as specified above, any taxpayer who | ||||||
6 | is required by Section 2d of this Act to collect and remit | ||||||
7 | prepaid taxes and has collected prepaid taxes which average in | ||||||
8 | excess of $25,000 per month during the preceding 2 complete | ||||||
9 | calendar quarters, shall file a return with the Department as | ||||||
10 | required by Section 2f and shall make payments to the | ||||||
11 | Department on or before the 7th, 15th, 22nd and last day of the | ||||||
12 | month during which such liability is incurred. If the month | ||||||
13 | during which such tax liability is incurred began prior to | ||||||
14 | September 1, 1985 (the effective date of Public Act 84-221), | ||||||
15 | each payment shall be in an amount not less than 22.5% of the | ||||||
16 | taxpayer's actual liability under Section 2d. If the month | ||||||
17 | during which such tax liability is incurred begins on or after | ||||||
18 | January 1, 1986, each payment shall be in an amount equal to | ||||||
19 | 22.5% of the taxpayer's actual liability for the month or | ||||||
20 | 27.5% of the taxpayer's liability for the same calendar month | ||||||
21 | of the preceding calendar year. If the month during which such | ||||||
22 | tax liability is incurred begins on or after January 1, 1987, | ||||||
23 | each payment shall be in an amount equal to 22.5% of the | ||||||
24 | taxpayer's actual liability for the month or 26.25% of the | ||||||
25 | taxpayer's liability for the same calendar month of the | ||||||
26 | preceding year. The amount of such quarter monthly payments |
| |||||||
| |||||||
1 | shall be credited against the final tax liability of the | ||||||
2 | taxpayer's return for that month filed under this Section or | ||||||
3 | Section 2f, as the case may be. Once applicable, the | ||||||
4 | requirement of the making of quarter monthly payments to the | ||||||
5 | Department pursuant to this paragraph shall continue until | ||||||
6 | such taxpayer's average monthly prepaid tax collections during | ||||||
7 | the preceding 2 complete calendar quarters is $25,000 or less. | ||||||
8 | If any such quarter monthly payment is not paid at the time or | ||||||
9 | in the amount required, the taxpayer shall be liable for | ||||||
10 | penalties and interest on such difference, except insofar as | ||||||
11 | the taxpayer has previously made payments for that month in | ||||||
12 | excess of the minimum payments previously due. | ||||||
13 | The provisions of this paragraph apply on and after | ||||||
14 | October 1, 2001. Without regard to whether a taxpayer is | ||||||
15 | required to make quarter monthly payments as specified above, | ||||||
16 | any taxpayer who is required by Section 2d of this Act to | ||||||
17 | collect and remit prepaid taxes and has collected prepaid | ||||||
18 | taxes that average in excess of $20,000 per month during the | ||||||
19 | preceding 4 complete calendar quarters shall file a return | ||||||
20 | with the Department as required by Section 2f and shall make | ||||||
21 | payments to the Department on or before the 7th, 15th, 22nd , | ||||||
22 | and last day of the month during which the liability is | ||||||
23 | incurred. Each payment shall be in an amount equal to 22.5% of | ||||||
24 | the taxpayer's actual liability for the month or 25% of the | ||||||
25 | taxpayer's liability for the same calendar month of the | ||||||
26 | preceding year. The amount of the quarter monthly payments |
| |||||||
| |||||||
1 | shall be credited against the final tax liability of the | ||||||
2 | taxpayer's return for that month filed under this Section or | ||||||
3 | Section 2f, as the case may be. Once applicable, the | ||||||
4 | requirement of the making of quarter monthly payments to the | ||||||
5 | Department pursuant to this paragraph shall continue until the | ||||||
6 | taxpayer's average monthly prepaid tax collections during the | ||||||
7 | preceding 4 complete calendar quarters (excluding the month of | ||||||
8 | highest liability and the month of lowest liability) is less | ||||||
9 | than $19,000 or until such taxpayer's average monthly | ||||||
10 | liability to the Department as computed for each calendar | ||||||
11 | quarter of the 4 preceding complete calendar quarters is less | ||||||
12 | than $20,000. If any such quarter monthly payment is not paid | ||||||
13 | at the time or in the amount required, the taxpayer shall be | ||||||
14 | liable for penalties and interest on such difference, except | ||||||
15 | insofar as the taxpayer has previously made payments for that | ||||||
16 | month in excess of the minimum payments previously due. | ||||||
17 | If any payment provided for in this Section exceeds the | ||||||
18 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
19 | Service Occupation Tax Act , and the Service Use Tax Act, as | ||||||
20 | shown on an original monthly return, the Department shall, if | ||||||
21 | requested by the taxpayer, issue to the taxpayer a credit | ||||||
22 | memorandum no later than 30 days after the date of payment. The | ||||||
23 | credit evidenced by such credit memorandum may be assigned by | ||||||
24 | the taxpayer to a similar taxpayer under this Act, the Use Tax | ||||||
25 | Act, the Service Occupation Tax Act , or the Service Use Tax | ||||||
26 | Act, in accordance with reasonable rules and regulations to be |
| |||||||
| |||||||
1 | prescribed by the Department. If no such request is made, the | ||||||
2 | taxpayer may credit such excess payment against tax liability | ||||||
3 | subsequently to be remitted to the Department under this Act, | ||||||
4 | the Use Tax Act, the Service Occupation Tax Act , or the Service | ||||||
5 | Use Tax Act, in accordance with reasonable rules and | ||||||
6 | regulations prescribed by the Department. If the Department | ||||||
7 | subsequently determined that all or any part of the credit | ||||||
8 | taken was not actually due to the taxpayer, the taxpayer's | ||||||
9 | 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or | ||||||
10 | 1.75% of the difference between the credit taken and that | ||||||
11 | actually due, and that taxpayer shall be liable for penalties | ||||||
12 | and interest on such difference. | ||||||
13 | If a retailer of motor fuel is entitled to a credit under | ||||||
14 | Section 2d of this Act which exceeds the taxpayer's liability | ||||||
15 | to the Department under this Act for the month for which the | ||||||
16 | taxpayer is filing a return, the Department shall issue the | ||||||
17 | taxpayer a credit memorandum for the excess. | ||||||
18 | Beginning January 1, 1990, each month the Department shall | ||||||
19 | pay into the Local Government Tax Fund, a special fund in the | ||||||
20 | State treasury which is hereby created, the net revenue | ||||||
21 | realized for the preceding month from the 1% tax imposed under | ||||||
22 | this Act. | ||||||
23 | Beginning January 1, 1990, each month the Department shall | ||||||
24 | pay into the County and Mass Transit District Fund, a special | ||||||
25 | fund in the State treasury which is hereby created, 4% of the | ||||||
26 | net revenue realized for the preceding month from the 6.25% |
| |||||||
| |||||||
1 | general rate other than aviation fuel sold on or after | ||||||
2 | December 1, 2019. This exception for aviation fuel only | ||||||
3 | applies for so long as the revenue use requirements of 49 | ||||||
4 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||||||
5 | Beginning August 1, 2000, each month the Department shall | ||||||
6 | pay into the County and Mass Transit District Fund 20% of the | ||||||
7 | net revenue realized for the preceding month from the 1.25% | ||||||
8 | rate on the selling price of motor fuel and gasohol. If, in any | ||||||
9 | month, the tax on sales tax holiday items, as defined in | ||||||
10 | Section 2-8, is imposed at the rate of 1.25%, then the | ||||||
11 | Department shall pay 20% of the net revenue realized for that | ||||||
12 | month from the 1.25% rate on the selling price of sales tax | ||||||
13 | holiday items into the County and Mass Transit District Fund. | ||||||
14 | Beginning January 1, 1990, each month the Department shall | ||||||
15 | pay into the Local Government Tax Fund 16% of the net revenue | ||||||
16 | realized for the preceding month from the 6.25% general rate | ||||||
17 | on the selling price of tangible personal property other than | ||||||
18 | aviation fuel sold on or after December 1, 2019. This | ||||||
19 | exception for aviation fuel only applies for so long as the | ||||||
20 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
21 | 47133 are binding on the State. | ||||||
22 | For aviation fuel sold on or after December 1, 2019, each | ||||||
23 | month the Department shall pay into the State Aviation Program | ||||||
24 | Fund 20% of the net revenue realized for the preceding month | ||||||
25 | from the 6.25% general rate on the selling price of aviation | ||||||
26 | fuel, less an amount estimated by the Department to be |
| |||||||
| |||||||
1 | required for refunds of the 20% portion of the tax on aviation | ||||||
2 | fuel under this Act, which amount shall be deposited into the | ||||||
3 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
4 | pay moneys into the State Aviation Program Fund and the | ||||||
5 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
6 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
7 | U.S.C. 47133 are binding on the State. | ||||||
8 | Beginning August 1, 2000, each month the Department shall | ||||||
9 | pay into the Local Government Tax Fund 80% of the net revenue | ||||||
10 | realized for the preceding month from the 1.25% rate on the | ||||||
11 | selling price of motor fuel and gasohol. If, in any month, the | ||||||
12 | tax on sales tax holiday items, as defined in Section 2-8, is | ||||||
13 | imposed at the rate of 1.25%, then the Department shall pay 80% | ||||||
14 | of the net revenue realized for that month from the 1.25% rate | ||||||
15 | on the selling price of sales tax holiday items into the Local | ||||||
16 | Government Tax Fund. | ||||||
17 | Beginning October 1, 2009, each month the Department shall | ||||||
18 | pay into the Capital Projects Fund an amount that is equal to | ||||||
19 | an amount estimated by the Department to represent 80% of the | ||||||
20 | net revenue realized for the preceding month from the sale of | ||||||
21 | candy, grooming and hygiene products, and soft drinks that had | ||||||
22 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
23 | are now taxed at 6.25%. | ||||||
24 | Beginning July 1, 2011, each month the Department shall | ||||||
25 | pay into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
26 | realized for the preceding month from the 6.25% general rate |
| |||||||
| |||||||
1 | on the selling price of sorbents used in Illinois in the | ||||||
2 | process of sorbent injection as used to comply with the | ||||||
3 | Environmental Protection Act or the federal Clean Air Act, but | ||||||
4 | the total payment into the Clean Air Act Permit Fund under this | ||||||
5 | Act and the Use Tax Act shall not exceed $2,000,000 in any | ||||||
6 | fiscal year. | ||||||
7 | Beginning July 1, 2013, each month the Department shall | ||||||
8 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
9 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
10 | Act, and the Service Occupation Tax Act an amount equal to the | ||||||
11 | average monthly deficit in the Underground Storage Tank Fund | ||||||
12 | during the prior year, as certified annually by the Illinois | ||||||
13 | Environmental Protection Agency, but the total payment into | ||||||
14 | the Underground Storage Tank Fund under this Act, the Use Tax | ||||||
15 | Act, the Service Use Tax Act, and the Service Occupation Tax | ||||||
16 | Act shall not exceed $18,000,000 in any State fiscal year. As | ||||||
17 | used in this paragraph, the "average monthly deficit" shall be | ||||||
18 | equal to the difference between the average monthly claims for | ||||||
19 | payment by the fund and the average monthly revenues deposited | ||||||
20 | into the fund, excluding payments made pursuant to this | ||||||
21 | paragraph. | ||||||
22 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
23 | received by the Department under the Use Tax Act, the Service | ||||||
24 | Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||||||
25 | month the Department shall deposit $500,000 into the State | ||||||
26 | Crime Laboratory Fund. |
| |||||||
| |||||||
1 | Beginning January 1, 2025, the remainder of the moneys | ||||||
2 | received by the Department under the Use Tax Act, the Service | ||||||
3 | Use Tax Act, the Service Occupation Tax Act, and this Act from | ||||||
4 | the sale of firearm safety devices, as defined in subsection | ||||||
5 | (c) of Section 605-1115 of the Department of Commerce and | ||||||
6 | Economic Opportunity Law of the Civil Administrative Code of | ||||||
7 | Illinois, shall be deposited into the Firearm Safety Rebate | ||||||
8 | Fund. | ||||||
9 | Of the remainder of the moneys received by the Department | ||||||
10 | pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||||||
11 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
12 | and after July 1, 1989, 3.8% thereof shall be paid into the | ||||||
13 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
14 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
15 | may be, of the moneys received by the Department and required | ||||||
16 | to be paid into the Build Illinois Fund pursuant to this Act, | ||||||
17 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
18 | Act, and Section 9 of the Service Occupation Tax Act, such Acts | ||||||
19 | being hereinafter called the "Tax Acts" and such aggregate of | ||||||
20 | 2.2% or 3.8%, as the case may be, of moneys being hereinafter | ||||||
21 | called the "Tax Act Amount", and (2) the amount transferred to | ||||||
22 | the Build Illinois Fund from the State and Local Sales Tax | ||||||
23 | Reform Fund shall be less than the Annual Specified Amount (as | ||||||
24 | hereinafter defined), an amount equal to the difference shall | ||||||
25 | be immediately paid into the Build Illinois Fund from other | ||||||
26 | moneys received by the Department pursuant to the Tax Acts; |
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1 | the "Annual Specified Amount" means the amounts specified | |||||||||||||||||||||||||||||||||||||
2 | below for fiscal years 1986 through 1993: | |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
12 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||||||||||||||
13 | defined in Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||||||||||||||
14 | Tax Act Amount, whichever is greater, for fiscal year 1994 and | |||||||||||||||||||||||||||||||||||||
15 | each fiscal year thereafter; and further provided, that if on | |||||||||||||||||||||||||||||||||||||
16 | the last business day of any month the sum of (1) the Tax Act | |||||||||||||||||||||||||||||||||||||
17 | Amount required to be deposited into the Build Illinois Bond | |||||||||||||||||||||||||||||||||||||
18 | Account in the Build Illinois Fund during such month and (2) | |||||||||||||||||||||||||||||||||||||
19 | the amount transferred to the Build Illinois Fund from the | |||||||||||||||||||||||||||||||||||||
20 | State and Local Sales Tax Reform Fund shall have been less than | |||||||||||||||||||||||||||||||||||||
21 | 1/12 of the Annual Specified Amount, an amount equal to the | |||||||||||||||||||||||||||||||||||||
22 | difference shall be immediately paid into the Build Illinois | |||||||||||||||||||||||||||||||||||||
23 | Fund from other moneys received by the Department pursuant to | |||||||||||||||||||||||||||||||||||||
24 | the Tax Acts; and, further provided, that in no event shall the | |||||||||||||||||||||||||||||||||||||
25 | payments required under the preceding proviso result in | |||||||||||||||||||||||||||||||||||||
26 | aggregate payments into the Build Illinois Fund pursuant to |
| |||||||
| |||||||
1 | this clause (b) for any fiscal year in excess of the greater of | ||||||
2 | (i) the Tax Act Amount or (ii) the Annual Specified Amount for | ||||||
3 | such fiscal year. The amounts payable into the Build Illinois | ||||||
4 | Fund under clause (b) of the first sentence in this paragraph | ||||||
5 | shall be payable only until such time as the aggregate amount | ||||||
6 | on deposit under each trust indenture securing Bonds issued | ||||||
7 | and outstanding pursuant to the Build Illinois Bond Act is | ||||||
8 | sufficient, taking into account any future investment income, | ||||||
9 | to fully provide, in accordance with such indenture, for the | ||||||
10 | defeasance of or the payment of the principal of, premium, if | ||||||
11 | any, and interest on the Bonds secured by such indenture and on | ||||||
12 | any Bonds expected to be issued thereafter and all fees and | ||||||
13 | costs payable with respect thereto, all as certified by the | ||||||
14 | Director of the Bureau of the Budget (now Governor's Office of | ||||||
15 | Management and Budget). If on the last business day of any | ||||||
16 | month in which Bonds are outstanding pursuant to the Build | ||||||
17 | Illinois Bond Act, the aggregate of moneys deposited in the | ||||||
18 | Build Illinois Bond Account in the Build Illinois Fund in such | ||||||
19 | month shall be less than the amount required to be transferred | ||||||
20 | in such month from the Build Illinois Bond Account to the Build | ||||||
21 | Illinois Bond Retirement and Interest Fund pursuant to Section | ||||||
22 | 13 of the Build Illinois Bond Act, an amount equal to such | ||||||
23 | deficiency shall be immediately paid from other moneys | ||||||
24 | received by the Department pursuant to the Tax Acts to the | ||||||
25 | Build Illinois Fund; provided, however, that any amounts paid | ||||||
26 | to the Build Illinois Fund in any fiscal year pursuant to this |
| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
1 | sentence shall be deemed to constitute payments pursuant to | |||||||||||||||||||||||||||||||
2 | clause (b) of the first sentence of this paragraph and shall | |||||||||||||||||||||||||||||||
3 | reduce the amount otherwise payable for such fiscal year | |||||||||||||||||||||||||||||||
4 | pursuant to that clause (b). The moneys received by the | |||||||||||||||||||||||||||||||
5 | Department pursuant to this Act and required to be deposited | |||||||||||||||||||||||||||||||
6 | into the Build Illinois Fund are subject to the pledge, claim | |||||||||||||||||||||||||||||||
7 | and charge set forth in Section 12 of the Build Illinois Bond | |||||||||||||||||||||||||||||||
8 | Act. | |||||||||||||||||||||||||||||||
9 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||
10 | as provided in the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||
11 | thereto hereafter enacted, the following specified monthly | |||||||||||||||||||||||||||||||
12 | installment of the amount requested in the certificate of the | |||||||||||||||||||||||||||||||
13 | Chairman of the Metropolitan Pier and Exposition Authority | |||||||||||||||||||||||||||||||
14 | provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||
15 | in excess of sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||||
16 | deposited in the aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||
17 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||
18 | 9 of the Service Occupation Tax Act, and Section 3 of the | |||||||||||||||||||||||||||||||
19 | Retailers' Occupation Tax Act into the McCormick Place | |||||||||||||||||||||||||||||||
20 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||
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22 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | year thereafter, one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | certificate of the Chairman of the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | Exposition Authority for that fiscal year, less the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | deposited into the McCormick Place Expansion Project Fund by |
| |||||||
| |||||||
1 | the State Treasurer in the respective month under subsection | ||||||
2 | (g) of Section 13 of the Metropolitan Pier and Exposition | ||||||
3 | Authority Act, plus cumulative deficiencies in the deposits | ||||||
4 | required under this Section for previous months and years, | ||||||
5 | shall be deposited into the McCormick Place Expansion Project | ||||||
6 | Fund, until the full amount requested for the fiscal year, but | ||||||
7 | not in excess of the amount specified above as "Total | ||||||
8 | Deposit", has been deposited. | ||||||
9 | Subject to payment of amounts into the Capital Projects | ||||||
10 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||
11 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
12 | preceding paragraphs or in any amendments thereto hereafter | ||||||
13 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||
14 | the Department shall each month deposit into the Aviation Fuel | ||||||
15 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
16 | be required for refunds of the 80% portion of the tax on | ||||||
17 | aviation fuel under this Act. The Department shall only | ||||||
18 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
19 | under this paragraph for so long as the revenue use | ||||||
20 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
21 | binding on the State. | ||||||
22 | Subject to payment of amounts into the Build Illinois Fund | ||||||
23 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
24 | preceding paragraphs or in any amendments thereto hereafter | ||||||
25 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
26 | 2013, the Department shall each month pay into the Illinois |
| |||||||
| |||||||
1 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
2 | the preceding month from the 6.25% general rate on the selling | ||||||
3 | price of tangible personal property. | ||||||
4 | Subject to payment of amounts into the Build Illinois | ||||||
5 | Fund, the McCormick Place Expansion Project Fund, and the | ||||||
6 | Illinois Tax Increment Fund pursuant to the preceding | ||||||
7 | paragraphs or in any amendments to this Section hereafter | ||||||
8 | enacted, beginning on the first day of the first calendar | ||||||
9 | month to occur on or after August 26, 2014 (the effective date | ||||||
10 | of Public Act 98-1098), each month, from the collections made | ||||||
11 | under Section 9 of the Use Tax Act, Section 9 of the Service | ||||||
12 | Use Tax Act, Section 9 of the Service Occupation Tax Act, and | ||||||
13 | Section 3 of the Retailers' Occupation Tax Act, the Department | ||||||
14 | shall pay into the Tax Compliance and Administration Fund, to | ||||||
15 | be used, subject to appropriation, to fund additional auditors | ||||||
16 | and compliance personnel at the Department of Revenue, an | ||||||
17 | amount equal to 1/12 of 5% of 80% of the cash receipts | ||||||
18 | collected during the preceding fiscal year by the Audit Bureau | ||||||
19 | of the Department under the Use Tax Act, the Service Use Tax | ||||||
20 | Act, the Service Occupation Tax Act, the Retailers' Occupation | ||||||
21 | Tax Act, and associated local occupation and use taxes | ||||||
22 | administered by the Department. | ||||||
23 | Subject to payments of amounts into the Build Illinois | ||||||
24 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
25 | Tax Increment Fund, the Energy Infrastructure Fund, and the | ||||||
26 | Tax Compliance and Administration Fund as provided in this |
| |||||||
| |||||||
1 | Section, beginning on July 1, 2018 the Department shall pay | ||||||
2 | each month into the Downstate Public Transportation Fund the | ||||||
3 | moneys required to be so paid under Section 2-3 of the | ||||||
4 | Downstate Public Transportation Act. | ||||||
5 | Subject to successful execution and delivery of a | ||||||
6 | public-private agreement between the public agency and private | ||||||
7 | entity and completion of the civic build, beginning on July 1, | ||||||
8 | 2023, of the remainder of the moneys received by the | ||||||
9 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
10 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
11 | deposit the following specified deposits in the aggregate from | ||||||
12 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
13 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
14 | Act, as required under Section 8.25g of the State Finance Act | ||||||
15 | for distribution consistent with the Public-Private | ||||||
16 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
17 | The moneys received by the Department pursuant to this Act and | ||||||
18 | required to be deposited into the Civic and Transit | ||||||
19 | Infrastructure Fund are subject to the pledge, claim and | ||||||
20 | charge set forth in Section 25-55 of the Public-Private | ||||||
21 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
22 | As used in this paragraph, "civic build", "private entity", | ||||||
23 | "public-private agreement", and "public agency" have the | ||||||
24 | meanings provided in Section 25-10 of the Public-Private | ||||||
25 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
26 | Fiscal Year .............................Total Deposit |
| |||||||
| |||||||
1 | 2024 .....................................$200,000,000 | ||||||
2 | 2025 ....................................$206,000,000 | ||||||
3 | 2026 ....................................$212,200,000 | ||||||
4 | 2027 ....................................$218,500,000 | ||||||
5 | 2028 ....................................$225,100,000 | ||||||
6 | 2029 ....................................$288,700,000 | ||||||
7 | 2030 ....................................$298,900,000 | ||||||
8 | 2031 ....................................$309,300,000 | ||||||
9 | 2032 ....................................$320,100,000 | ||||||
10 | 2033 ....................................$331,200,000 | ||||||
11 | 2034 ....................................$341,200,000 | ||||||
12 | 2035 ....................................$351,400,000 | ||||||
13 | 2036 ....................................$361,900,000 | ||||||
14 | 2037 ....................................$372,800,000 | ||||||
15 | 2038 ....................................$384,000,000 | ||||||
16 | 2039 ....................................$395,500,000 | ||||||
17 | 2040 ....................................$407,400,000 | ||||||
18 | 2041 ....................................$419,600,000 | ||||||
19 | 2042 ....................................$432,200,000 | ||||||
20 | 2043 ....................................$445,100,000 | ||||||
21 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
22 | the payment of amounts into the County and Mass Transit | ||||||
23 | District Fund, the Local Government Tax Fund, the Build | ||||||
24 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
25 | Illinois Tax Increment Fund, and the Tax Compliance and | ||||||
26 | Administration Fund as provided in this Section, the |
| |||||||
| |||||||
1 | Department shall pay each month into the Road Fund the amount | ||||||
2 | estimated to represent 16% of the net revenue realized from | ||||||
3 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
4 | 2022 and until July 1, 2023, subject to the payment of amounts | ||||||
5 | into the County and Mass Transit District Fund, the Local | ||||||
6 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
7 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
8 | and the Tax Compliance and Administration Fund as provided in | ||||||
9 | this Section, the Department shall pay each month into the | ||||||
10 | Road Fund the amount estimated to represent 32% of the net | ||||||
11 | revenue realized from the taxes imposed on motor fuel and | ||||||
12 | gasohol. Beginning July 1, 2023 and until July 1, 2024, | ||||||
13 | subject to the payment of amounts into the County and Mass | ||||||
14 | Transit District Fund, the Local Government Tax Fund, the | ||||||
15 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
16 | Fund, the Illinois Tax Increment Fund, and the Tax Compliance | ||||||
17 | and Administration Fund as provided in this Section, the | ||||||
18 | Department shall pay each month into the Road Fund the amount | ||||||
19 | estimated to represent 48% of the net revenue realized from | ||||||
20 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
21 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
22 | into the County and Mass Transit District Fund, the Local | ||||||
23 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
24 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
25 | and the Tax Compliance and Administration Fund as provided in | ||||||
26 | this Section, the Department shall pay each month into the |
| |||||||
| |||||||
1 | Road Fund the amount estimated to represent 64% of the net | ||||||
2 | revenue realized from the taxes imposed on motor fuel and | ||||||
3 | gasohol. Beginning on July 1, 2025, subject to the payment of | ||||||
4 | amounts into the County and Mass Transit District Fund, the | ||||||
5 | Local Government Tax Fund, the Build Illinois Fund, the | ||||||
6 | McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
7 | Increment Fund, and the Tax Compliance and Administration Fund | ||||||
8 | as provided in this Section, the Department shall pay each | ||||||
9 | month into the Road Fund the amount estimated to represent 80% | ||||||
10 | of the net revenue realized from the taxes imposed on motor | ||||||
11 | fuel and gasohol. As used in this paragraph "motor fuel" has | ||||||
12 | the meaning given to that term in Section 1.1 of the Motor Fuel | ||||||
13 | Tax Law, and "gasohol" has the meaning given to that term in | ||||||
14 | Section 3-40 of the Use Tax Act. | ||||||
15 | Of the remainder of the moneys received by the Department | ||||||
16 | pursuant to this Act, 75% thereof shall be paid into the State | ||||||
17 | treasury and 25% shall be reserved in a special account and | ||||||
18 | used only for the transfer to the Common School Fund as part of | ||||||
19 | the monthly transfer from the General Revenue Fund in | ||||||
20 | accordance with Section 8a of the State Finance Act. | ||||||
21 | The Department may, upon separate written notice to a | ||||||
22 | taxpayer, require the taxpayer to prepare and file with the | ||||||
23 | Department on a form prescribed by the Department within not | ||||||
24 | less than 60 days after receipt of the notice an annual | ||||||
25 | information return for the tax year specified in the notice. | ||||||
26 | Such annual return to the Department shall include a statement |
| |||||||
| |||||||
1 | of gross receipts as shown by the retailer's last federal | ||||||
2 | Federal income tax return. If the total receipts of the | ||||||
3 | business as reported in the federal Federal income tax return | ||||||
4 | do not agree with the gross receipts reported to the | ||||||
5 | Department of Revenue for the same period, the retailer shall | ||||||
6 | attach to his annual return a schedule showing a | ||||||
7 | reconciliation of the 2 amounts and the reasons for the | ||||||
8 | difference. The retailer's annual return to the Department | ||||||
9 | shall also disclose the cost of goods sold by the retailer | ||||||
10 | during the year covered by such return, opening and closing | ||||||
11 | inventories of such goods for such year, costs of goods used | ||||||
12 | from stock or taken from stock and given away by the retailer | ||||||
13 | during such year, payroll information of the retailer's | ||||||
14 | business during such year and any additional reasonable | ||||||
15 | information which the Department deems would be helpful in | ||||||
16 | determining the accuracy of the monthly, quarterly , or annual | ||||||
17 | returns filed by such retailer as provided for in this | ||||||
18 | Section. | ||||||
19 | If the annual information return required by this Section | ||||||
20 | is not filed when and as required, the taxpayer shall be liable | ||||||
21 | as follows: | ||||||
22 | (i) Until January 1, 1994, the taxpayer shall be | ||||||
23 | liable for a penalty equal to 1/6 of 1% of the tax due from | ||||||
24 | such taxpayer under this Act during the period to be | ||||||
25 | covered by the annual return for each month or fraction of | ||||||
26 | a month until such return is filed as required, the |
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1 | penalty to be assessed and collected in the same manner as | ||||||
2 | any other penalty provided for in this Act. | ||||||
3 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
4 | be liable for a penalty as described in Section 3-4 of the | ||||||
5 | Uniform Penalty and Interest Act. | ||||||
6 | The chief executive officer, proprietor, owner , or highest | ||||||
7 | ranking manager shall sign the annual return to certify the | ||||||
8 | accuracy of the information contained therein. Any person who | ||||||
9 | willfully signs the annual return containing false or | ||||||
10 | inaccurate information shall be guilty of perjury and punished | ||||||
11 | accordingly. The annual return form prescribed by the | ||||||
12 | Department shall include a warning that the person signing the | ||||||
13 | return may be liable for perjury. | ||||||
14 | The provisions of this Section concerning the filing of an | ||||||
15 | annual information return do not apply to a retailer who is not | ||||||
16 | required to file an income tax return with the United States | ||||||
17 | Government. | ||||||
18 | As soon as possible after the first day of each month, upon | ||||||
19 | certification of the Department of Revenue, the Comptroller | ||||||
20 | shall order transferred and the Treasurer shall transfer from | ||||||
21 | the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||||||
22 | equal to 1.7% of 80% of the net revenue realized under this Act | ||||||
23 | for the second preceding month. Beginning April 1, 2000, this | ||||||
24 | transfer is no longer required and shall not be made. | ||||||
25 | Net revenue realized for a month shall be the revenue | ||||||
26 | collected by the State pursuant to this Act, less the amount |
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1 | paid out during that month as refunds to taxpayers for | ||||||
2 | overpayment of liability. | ||||||
3 | For greater simplicity of administration, manufacturers, | ||||||
4 | importers and wholesalers whose products are sold at retail in | ||||||
5 | Illinois by numerous retailers, and who wish to do so, may | ||||||
6 | assume the responsibility for accounting and paying to the | ||||||
7 | Department all tax accruing under this Act with respect to | ||||||
8 | such sales, if the retailers who are affected do not make | ||||||
9 | written objection to the Department to this arrangement. | ||||||
10 | Any person who promotes, organizes, or provides retail | ||||||
11 | selling space for concessionaires or other types of sellers at | ||||||
12 | the Illinois State Fair, DuQuoin State Fair, county fairs, | ||||||
13 | local fairs, art shows, flea markets , and similar exhibitions | ||||||
14 | or events, including any transient merchant as defined by | ||||||
15 | Section 2 of the Transient Merchant Act of 1987, is required to | ||||||
16 | file a report with the Department providing the name of the | ||||||
17 | merchant's business, the name of the person or persons engaged | ||||||
18 | in merchant's business, the permanent address and Illinois | ||||||
19 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
20 | the dates and location of the event , and other reasonable | ||||||
21 | information that the Department may require. The report must | ||||||
22 | be filed not later than the 20th day of the month next | ||||||
23 | following the month during which the event with retail sales | ||||||
24 | was held. Any person who fails to file a report required by | ||||||
25 | this Section commits a business offense and is subject to a | ||||||
26 | fine not to exceed $250. |
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1 | Any person engaged in the business of selling tangible | ||||||
2 | personal property at retail as a concessionaire or other type | ||||||
3 | of seller at the Illinois State Fair, county fairs, art shows, | ||||||
4 | flea markets , and similar exhibitions or events, or any | ||||||
5 | transient merchants, as defined by Section 2 of the Transient | ||||||
6 | Merchant Act of 1987, may be required to make a daily report of | ||||||
7 | the amount of such sales to the Department and to make a daily | ||||||
8 | payment of the full amount of tax due. The Department shall | ||||||
9 | impose this requirement when it finds that there is a | ||||||
10 | significant risk of loss of revenue to the State at such an | ||||||
11 | exhibition or event. Such a finding shall be based on evidence | ||||||
12 | that a substantial number of concessionaires or other sellers | ||||||
13 | who are not residents of Illinois will be engaging in the | ||||||
14 | business of selling tangible personal property at retail at | ||||||
15 | the exhibition or event, or other evidence of a significant | ||||||
16 | risk of loss of revenue to the State. The Department shall | ||||||
17 | notify concessionaires and other sellers affected by the | ||||||
18 | imposition of this requirement. In the absence of notification | ||||||
19 | by the Department, the concessionaires and other sellers shall | ||||||
20 | file their returns as otherwise required in this Section. | ||||||
21 | (Source: P.A. 102-634, eff. 8-27-21; 102-700, Article 60, | ||||||
22 | Section 60-30, eff. 4-19-22; 102-700, Article 65, Section | ||||||
23 | 65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff. | ||||||
24 | 1-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363, | ||||||
25 | eff. 7-28-23; revised 9-27-23.) |