Rep. Dave Winters
Filed: 3/16/2011
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1 | AMENDMENT TO HOUSE BILL 1090
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2 | AMENDMENT NO. ______. Amend House Bill 1090 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Aircraft Use Tax Law is amended by changing | ||||||
5 | Section 10-15 as follows:
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6 | (35 ILCS 157/10-15)
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7 | Sec. 10-15. Tax imposed. A tax is hereby imposed on the | ||||||
8 | privilege of
using,
in this State, any aircraft as defined in | ||||||
9 | Section 3 of the Illinois Aeronautics
Act acquired
by gift, | ||||||
10 | transfer, or purchase after June 30, 2003. This tax does not | ||||||
11 | apply (i)
if the use of
the aircraft is otherwise taxed under | ||||||
12 | the Use Tax Act; (ii) if the aircraft is
bought and
used by a | ||||||
13 | governmental agency or a society, association, foundation, or
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14 | institution
organized and operated exclusively for charitable, | ||||||
15 | religious, or educational
purposes; (iii)
if the use of the | ||||||
16 | aircraft is not subject to the Use Tax Act by reason of
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1 | subsection (a), (b),
(c), (d), or (e) of Section 3-55 of that | ||||||
2 | Act dealing with the prevention of
actual or likely
multistate | ||||||
3 | taxation; or (iv) if the transfer is a gift to a beneficiary in | ||||||
4 | the
administration of
an estate and the beneficiary is a | ||||||
5 | surviving spouse ; (v) if the transfer is between family | ||||||
6 | members; or (vi) if the transfer is between divisions within | ||||||
7 | the same corporation. For purposes of this Section "family | ||||||
8 | member" means mother, father, grandmother, grandfather, son, | ||||||
9 | daughter, grandson, granddaughter, sibling, aunt, uncle, | ||||||
10 | niece, nephew, or cousin . The rate of tax shall be
6.25% of the
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11 | selling price for each purchase of aircraft that qualifies | ||||||
12 | under this Law. For
purposes of
calculating the tax due under | ||||||
13 | this Law when an aircraft is acquired by gift or
transfer, the
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14 | tax shall be imposed on the fair market value of the aircraft | ||||||
15 | on the date the
aircraft is
acquired or the date the aircraft | ||||||
16 | is brought into the State, whichever is
later.
Tax shall be
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17 | imposed on the selling price of an aircraft acquired through | ||||||
18 | purchase. However,
the
selling price shall not be less than the | ||||||
19 | fair market value of the aircraft on
the date the
aircraft is | ||||||
20 | purchased or the date the aircraft is brought into the State,
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21 | whichever is later.
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22 | (Source: P.A. 93-24, eff. 6-20-03.)".
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