Rep. Dave Winters

Filed: 3/16/2011

 

 


 

 


 
09700HB1090ham001LRB097 06439 HLH 53168 a

1
AMENDMENT TO HOUSE BILL 1090

2    AMENDMENT NO. ______. Amend House Bill 1090 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09700HB1090ham001- 2 -LRB097 06439 HLH 53168 a

1subsection (a), (b), (c), (d), or (e) of Section 3-55 of that
2Act dealing with the prevention of actual or likely multistate
3taxation; or (iv) if the transfer is a gift to a beneficiary in
4the administration of an estate and the beneficiary is a
5surviving spouse; (v) if the transfer is between family
6members; or (vi) if the transfer is between divisions within
7the same corporation. For purposes of this Section "family
8member" means mother, father, grandmother, grandfather, son,
9daughter, grandson, granddaughter, sibling, aunt, uncle,
10niece, nephew, or cousin. The rate of tax shall be 6.25% of the
11selling price for each purchase of aircraft that qualifies
12under this Law. For purposes of calculating the tax due under
13this Law when an aircraft is acquired by gift or transfer, the
14tax shall be imposed on the fair market value of the aircraft
15on the date the aircraft is acquired or the date the aircraft
16is brought into the State, whichever is later. Tax shall be
17imposed on the selling price of an aircraft acquired through
18purchase. However, the selling price shall not be less than the
19fair market value of the aircraft on the date the aircraft is
20purchased or the date the aircraft is brought into the State,
21whichever is later.
22(Source: P.A. 93-24, eff. 6-20-03.)".