HB1090ham001 97TH GENERAL ASSEMBLY

Rep. Dave Winters

Filed: 3/16/2011

09700HB1090ham001 LRB097 06439 HLH 53168 a

AMENDMENT TO HOUSE BILL 1090

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

"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; (v) if the transfer is between family members; or (vi) if the transfer is between divisions within the same corporation. For purposes of this Section "family member" means mother, father, grandmother, grandfather, son, daughter, grandson, granddaughter, sibling, aunt, uncle, niece, nephew, or cousin. 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.)".