HB1090 97TH GENERAL ASSEMBLY

LRB097 06439 HLH 46521 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Aircraft Use Tax Law is amended by changing Section 10-15 as follows:

(35 ILCS 157/10-15)

Sec. 10-15. Tax imposed. A tax is hereby imposed on the privilege of using, in this State, any aircraft as defined in Section 3 of the Illinois Aeronautics Act acquired by gift, transfer, or purchase after June 30, 2003. This tax does not apply (i) if the use of the aircraft is otherwise taxed under the Use Tax Act; (ii) if the aircraft is bought and used by a governmental agency or a society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes; (iii) if the use of the aircraft is not subject to the Use Tax Act by reason of subsection (a), (b), (c), (d), or (e) of Section 3-55 of that Act dealing with the prevention of actual or likely multistate taxation; or (iv) if the transfer is a gift to a beneficiary in the administration of an estate and the beneficiary is a surviving spouse; or (v) if the aircraft is not eligible to receive a certificate of airworthiness from the Federal Aviation Administration because it is not in a condition for safe operation. The rate of tax shall be 6.25% of the selling price for each purchase of aircraft that qualifies under this Law. For purposes of calculating the tax due under this Law when an aircraft is acquired by gift or transfer, the tax shall be imposed on the fair market value of the aircraft on the date the aircraft is acquired or the date the aircraft is brought into the State, whichever is later. Tax shall be imposed on the selling price of an aircraft acquired through purchase. However, the selling price shall not be less than the fair market value of the aircraft on the date the aircraft is purchased or the date the aircraft is brought into the State, whichever is later.

(Source: P.A. 93-24, eff. 6-20-03.)