97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1090

 

Introduced 02/04/11, by Rep. Thomas Holbrook

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 157/10-15

    Amends the Aircraft Use Tax Law. Provides that the tax does not apply to an aircraft that is not eligible to receive a certificate of airworthiness from the Federal Aviation Administration because the aircraft is not in a condition for safe operation.


LRB097 06439 HLH 46521 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1090LRB097 06439 HLH 46521 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Aircraft Use Tax Law is amended by changing
5Section 10-15 as follows:
 
6    (35 ILCS 157/10-15)
7    Sec. 10-15. Tax imposed. A tax is hereby imposed on the
8privilege of using, in this State, any aircraft as defined in
9Section 3 of the Illinois Aeronautics Act acquired by gift,
10transfer, or purchase after June 30, 2003. This tax does not
11apply (i) if the use of the aircraft is otherwise taxed under
12the Use Tax Act; (ii) if the aircraft is bought and used by a
13governmental agency or a society, association, foundation, or
14institution organized and operated exclusively for charitable,
15religious, or educational purposes; (iii) if the use of the
16aircraft is not subject to the Use Tax Act by reason of
17subsection (a), (b), (c), (d), or (e) of Section 3-55 of that
18Act dealing with the prevention of actual or likely multistate
19taxation; or (iv) if the transfer is a gift to a beneficiary in
20the administration of an estate and the beneficiary is a
21surviving spouse; or (v) if the aircraft is not eligible to
22receive a certificate of airworthiness from the Federal
23Aviation Administration because it is not in a condition for

 

 

HB1090- 2 -LRB097 06439 HLH 46521 b

1safe operation. The rate of tax shall be 6.25% of the selling
2price for each purchase of aircraft that qualifies under this
3Law. For purposes of calculating the tax due under this Law
4when an aircraft is acquired by gift or transfer, the tax shall
5be imposed on the fair market value of the aircraft on the date
6the aircraft is acquired or the date the aircraft is brought
7into the State, whichever is later. Tax shall be imposed on the
8selling price of an aircraft acquired through purchase.
9However, the selling price shall not be less than the fair
10market value of the aircraft on the date the aircraft is
11purchased or the date the aircraft is brought into the State,
12whichever is later.
13(Source: P.A. 93-24, eff. 6-20-03.)