Full Text of HB5072 98th General Assembly
HB5072ham001 98TH GENERAL ASSEMBLY | Rep. Adam Brown Filed: 3/31/2014
| | 09800HB5072ham001 | | LRB098 18505 HLH 57717 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5072
| 2 | | AMENDMENT NO. ______. Amend House Bill 5072 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Use Tax Act is amended by changing Section | 5 | | 9 as follows: | 6 | | (35 ILCS 105/9) (from Ch. 120, par. 439.9) | 7 | | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | 8 | | and
trailers that are required to be registered with an agency | 9 | | of this State,
each retailer
required or authorized to collect | 10 | | the tax imposed by this Act shall pay
to the Department the | 11 | | amount of such tax (except as otherwise provided)
at the time | 12 | | when he is required to file his return for the period during
| 13 | | which such tax was collected, less a discount of 2.1% prior to
| 14 | | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | 15 | | per calendar
year, whichever is greater, which is allowed to | 16 | | reimburse the retailer
for expenses incurred in collecting the |
| | | 09800HB5072ham001 | - 2 - | LRB098 18505 HLH 57717 a |
|
| 1 | | tax, keeping records, preparing
and filing returns, remitting | 2 | | the tax and supplying data to the
Department on request. In the | 3 | | case of retailers who report and pay the
tax on a transaction | 4 | | by transaction basis, as provided in this Section,
such | 5 | | discount shall be taken with each such tax remittance instead | 6 | | of
when such retailer files his periodic return. The Department | 7 | | may disallow the discount for retailers whose certificate of | 8 | | registration is revoked at the time the return is filed, but | 9 | | only if the Department's decision to revoke the certificate of | 10 | | registration has become final. A retailer need not remit
that | 11 | | part of any tax collected by him to the extent that he is | 12 | | required
to remit and does remit the tax imposed by the | 13 | | Retailers' Occupation
Tax Act, with respect to the sale of the | 14 | | same property. | 15 | | Where such tangible personal property is sold under a | 16 | | conditional
sales contract, or under any other form of sale | 17 | | wherein the payment of
the principal sum, or a part thereof, is | 18 | | extended beyond the close of
the period for which the return is | 19 | | filed, the retailer, in collecting
the tax (except as to motor | 20 | | vehicles, watercraft, aircraft, and
trailers that are required | 21 | | to be registered with an agency of this State),
may collect for | 22 | | each
tax return period, only the tax applicable to that part of | 23 | | the selling
price actually received during such tax return | 24 | | period. | 25 | | Except as provided in this Section, on or before the | 26 | | twentieth day of each
calendar month, such retailer shall file |
| | | 09800HB5072ham001 | - 3 - | LRB098 18505 HLH 57717 a |
|
| 1 | | a return for the preceding
calendar month. Such return shall be | 2 | | filed on forms prescribed by the
Department and shall furnish | 3 | | such information as the Department may
reasonably require. | 4 | | The Department may require returns to be filed on a | 5 | | quarterly basis.
If so required, a return for each calendar | 6 | | quarter shall be filed on or
before the twentieth day of the | 7 | | calendar month following the end of such
calendar quarter. The | 8 | | taxpayer shall also file a return with the
Department for each | 9 | | of the first two months of each calendar quarter, on or
before | 10 | | the twentieth day of the following calendar month, stating: | 11 | | 1. The name of the seller; | 12 | | 2. The address of the principal place of business from | 13 | | which he engages
in the business of selling tangible | 14 | | personal property at retail in this State; | 15 | | 3. The total amount of taxable receipts received by him | 16 | | during the
preceding calendar month from sales of tangible | 17 | | personal property by him
during such preceding calendar | 18 | | month, including receipts from charge and
time sales, but | 19 | | less all deductions allowed by law; | 20 | | 4. The amount of credit provided in Section 2d of this | 21 | | Act; | 22 | | 5. The amount of tax due; | 23 | | 5-5. The signature of the taxpayer; and | 24 | | 6. Such other reasonable information as the Department | 25 | | may
require. | 26 | | If a taxpayer fails to sign a return within 30 days after |
| | | 09800HB5072ham001 | - 4 - | LRB098 18505 HLH 57717 a |
|
| 1 | | the proper notice
and demand for signature by the Department, | 2 | | the return shall be considered
valid and any amount shown to be | 3 | | due on the return shall be deemed assessed. | 4 | | Beginning October 1, 1993, a taxpayer who has an average | 5 | | monthly tax
liability of $150,000 or more shall make all | 6 | | payments required by rules of the
Department by electronic | 7 | | funds transfer. Beginning October 1, 1994, a taxpayer
who has | 8 | | an average monthly tax liability of $100,000 or more shall make | 9 | | all
payments required by rules of the Department by electronic | 10 | | funds transfer.
Beginning October 1, 1995, a taxpayer who has | 11 | | an average monthly tax liability
of $50,000 or more shall make | 12 | | all payments required by rules of the Department
by electronic | 13 | | funds transfer. Beginning October 1, 2000, a taxpayer who has
| 14 | | an annual tax liability of $200,000 or more shall make all | 15 | | payments required by
rules of the Department by electronic | 16 | | funds transfer. The term "annual tax
liability" shall be the | 17 | | sum of the taxpayer's liabilities under this Act, and
under all | 18 | | other State and local occupation and use tax laws administered | 19 | | by the
Department, for the immediately preceding calendar year. | 20 | | The term "average
monthly tax liability" means
the sum of the | 21 | | taxpayer's liabilities under this Act, and under all other | 22 | | State
and local occupation and use tax laws administered by the | 23 | | Department, for the
immediately preceding calendar year | 24 | | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 25 | | a tax liability in the
amount set forth in subsection (b) of | 26 | | Section 2505-210 of the Department of
Revenue Law shall make |
| | | 09800HB5072ham001 | - 5 - | LRB098 18505 HLH 57717 a |
|
| 1 | | all payments required by rules of the Department by
electronic | 2 | | funds transfer. | 3 | | Before August 1 of each year beginning in 1993, the | 4 | | Department shall notify
all taxpayers required to make payments | 5 | | by electronic funds transfer. All
taxpayers required to make | 6 | | payments by electronic funds transfer shall make
those payments | 7 | | for a minimum of one year beginning on October 1. | 8 | | Any taxpayer not required to make payments by electronic | 9 | | funds transfer may
make payments by electronic funds transfer | 10 | | with the permission of the
Department. | 11 | | All taxpayers required to make payment by electronic funds | 12 | | transfer and any
taxpayers authorized to voluntarily make | 13 | | payments by electronic funds transfer
shall make those payments | 14 | | in the manner authorized by the Department. | 15 | | The Department shall adopt such rules as are necessary to | 16 | | effectuate a
program of electronic funds transfer and the | 17 | | requirements of this Section. | 18 | | Before October 1, 2000, if the taxpayer's average monthly | 19 | | tax liability
to the Department
under this Act, the Retailers' | 20 | | Occupation Tax Act, the Service
Occupation Tax Act, the Service | 21 | | Use Tax Act was $10,000 or more
during
the preceding 4 complete | 22 | | calendar quarters, he shall file a return with the
Department | 23 | | each month by the 20th day of the month next following the | 24 | | month
during which such tax liability is incurred and shall | 25 | | make payments to the
Department on or before the 7th, 15th, | 26 | | 22nd and last day of the month
during which such liability is |
| | | 09800HB5072ham001 | - 6 - | LRB098 18505 HLH 57717 a |
|
| 1 | | incurred.
On and after October 1, 2000, if the taxpayer's | 2 | | average monthly tax liability
to the Department under this Act, | 3 | | the Retailers' Occupation Tax Act,
the
Service Occupation Tax | 4 | | Act, and the Service Use Tax Act was $20,000 or more
during the | 5 | | preceding 4 complete calendar quarters, he shall file a return | 6 | | with
the Department each month by the 20th day of the month | 7 | | next following the month
during which such tax liability is | 8 | | incurred and shall make payment to the
Department on or before | 9 | | the 7th, 15th, 22nd and last day of the
month during
which such | 10 | | liability is incurred.
If the month during which such tax
| 11 | | liability is incurred began prior to January 1, 1985, each | 12 | | payment shall be
in an amount equal to 1/4 of the taxpayer's
| 13 | | actual liability for the month or an amount set by the | 14 | | Department not to
exceed 1/4 of the average monthly liability | 15 | | of the taxpayer to the
Department for the preceding 4 complete | 16 | | calendar quarters (excluding the
month of highest liability and | 17 | | the month of lowest liability in such 4
quarter period). If the | 18 | | month during which such tax liability is incurred
begins on or | 19 | | after January 1, 1985, and prior to January 1, 1987, each
| 20 | | payment shall be in an amount equal to 22.5% of the taxpayer's | 21 | | actual liability
for the month or 27.5% of the taxpayer's | 22 | | liability for the same calendar
month of the preceding year. If | 23 | | the month during which such tax liability
is incurred begins on | 24 | | or after January 1, 1987, and prior to January 1,
1988, each | 25 | | payment shall be in an amount equal to 22.5% of the taxpayer's
| 26 | | actual liability for the month or 26.25% of the taxpayer's |
| | | 09800HB5072ham001 | - 7 - | LRB098 18505 HLH 57717 a |
|
| 1 | | liability for
the same calendar month of the preceding year. If | 2 | | the month during which such
tax liability is incurred begins on | 3 | | or after January 1, 1988, and prior to
January 1, 1989,
or | 4 | | begins on or after January 1, 1996, each payment shall be in an | 5 | | amount equal
to 22.5% of the taxpayer's actual liability for | 6 | | the month or 25% of the
taxpayer's liability for the same | 7 | | calendar month of the preceding year. If the
month during which | 8 | | such tax liability is incurred begins on or after January 1,
| 9 | | 1989,
and prior to January 1, 1996, each payment shall be in an | 10 | | amount equal to 22.5%
of the taxpayer's actual liability for | 11 | | the month or 25% of the taxpayer's
liability for the same | 12 | | calendar month of the preceding year or 100% of the
taxpayer's | 13 | | actual liability for the quarter monthly reporting period. The
| 14 | | amount of such quarter monthly payments shall be credited | 15 | | against the final tax
liability
of the taxpayer's return for | 16 | | that month. Before October 1, 2000, once
applicable, the | 17 | | requirement
of the making of quarter monthly payments to the | 18 | | Department shall continue
until such taxpayer's average | 19 | | monthly liability to the Department during
the preceding 4 | 20 | | complete calendar quarters (excluding the month of highest
| 21 | | liability and the month of lowest liability) is less than
| 22 | | $9,000, or until
such taxpayer's average monthly liability to | 23 | | the Department as computed for
each calendar quarter of the 4 | 24 | | preceding complete calendar quarter period
is less than | 25 | | $10,000. However, if a taxpayer can show the
Department that
a | 26 | | substantial change in the taxpayer's business has occurred |
| | | 09800HB5072ham001 | - 8 - | LRB098 18505 HLH 57717 a |
|
| 1 | | which causes
the taxpayer to anticipate that his average | 2 | | monthly tax liability for the
reasonably foreseeable future | 3 | | will fall below the $10,000 threshold
stated above, then
such | 4 | | taxpayer
may petition the Department for change in such | 5 | | taxpayer's reporting status.
On and after October 1, 2000, once | 6 | | applicable, the requirement of the making
of quarter monthly | 7 | | payments to the Department shall continue until such
taxpayer's | 8 | | average monthly liability to the Department during the | 9 | | preceding 4
complete calendar quarters (excluding the month of | 10 | | highest liability and the
month of lowest liability) is less | 11 | | than $19,000 or until such taxpayer's
average monthly liability | 12 | | to the Department as computed for each calendar
quarter of the | 13 | | 4 preceding complete calendar quarter period is less than
| 14 | | $20,000. However, if a taxpayer can show the Department that a | 15 | | substantial
change in the taxpayer's business has occurred | 16 | | which causes the taxpayer to
anticipate that his average | 17 | | monthly tax liability for the reasonably
foreseeable future | 18 | | will fall below the $20,000 threshold stated above, then
such | 19 | | taxpayer may petition the Department for a change in such | 20 | | taxpayer's
reporting status.
The Department shall change such | 21 | | taxpayer's reporting status unless it
finds that such change is | 22 | | seasonal in nature and not likely to be long
term. If any such | 23 | | quarter monthly payment is not paid at the time or in
the | 24 | | amount required by this Section, then the taxpayer shall be | 25 | | liable for
penalties and interest on
the difference between the | 26 | | minimum amount due and the amount of such
quarter monthly |
| | | 09800HB5072ham001 | - 9 - | LRB098 18505 HLH 57717 a |
|
| 1 | | payment actually and timely paid, except insofar as the
| 2 | | taxpayer has previously made payments for that month to the | 3 | | Department in
excess of the minimum payments previously due as | 4 | | provided in this Section.
The Department shall make reasonable | 5 | | rules and regulations to govern the
quarter monthly payment | 6 | | amount and quarter monthly payment dates for
taxpayers who file | 7 | | on other than a calendar monthly basis. | 8 | | If any such payment provided for in this Section exceeds | 9 | | the taxpayer's
liabilities under this Act, the Retailers' | 10 | | Occupation Tax Act, the Service
Occupation Tax Act and the | 11 | | Service Use Tax Act, as shown by an original
monthly return, | 12 | | the Department shall issue to the taxpayer a credit
memorandum | 13 | | no later than 30 days after the date of payment, which
| 14 | | memorandum may be submitted by the taxpayer to the Department | 15 | | in payment of
tax liability subsequently to be remitted by the | 16 | | taxpayer to the Department
or be assigned by the taxpayer to a | 17 | | similar taxpayer under this Act, the
Retailers' Occupation Tax | 18 | | Act, the Service Occupation Tax Act or the
Service Use Tax Act, | 19 | | in accordance with reasonable rules and regulations to
be | 20 | | prescribed by the Department, except that if such excess | 21 | | payment is
shown on an original monthly return and is made | 22 | | after December 31, 1986, no
credit memorandum shall be issued, | 23 | | unless requested by the taxpayer. If no
such request is made, | 24 | | the taxpayer may credit such excess payment against
tax | 25 | | liability subsequently to be remitted by the taxpayer to the | 26 | | Department
under this Act, the Retailers' Occupation Tax Act, |
| | | 09800HB5072ham001 | - 10 - | LRB098 18505 HLH 57717 a |
|
| 1 | | the Service Occupation
Tax Act or the Service Use Tax Act, in | 2 | | accordance with reasonable rules and
regulations prescribed by | 3 | | the Department. If the Department subsequently
determines that | 4 | | all or any part of the credit taken was not actually due to
the | 5 | | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | 6 | | be
reduced by 2.1% or 1.75% of the difference between the | 7 | | credit taken and
that actually due, and the taxpayer shall be | 8 | | liable for penalties and
interest on such difference. | 9 | | If the retailer is otherwise required to file a monthly | 10 | | return and if the
retailer's average monthly tax liability to | 11 | | the Department
does not exceed $200, the Department may | 12 | | authorize his returns to be
filed on a quarter annual basis, | 13 | | with the return for January, February,
and March of a given | 14 | | year being due by April 20 of such year; with the
return for | 15 | | April, May and June of a given year being due by July 20 of
such | 16 | | year; with the return for July, August and September of a given
| 17 | | year being due by October 20 of such year, and with the return | 18 | | for
October, November and December of a given year being due by | 19 | | January 20
of the following year. | 20 | | If the retailer is otherwise required to file a monthly or | 21 | | quarterly
return and if the retailer's average monthly tax | 22 | | liability to the
Department does not exceed $50, the Department | 23 | | may authorize his returns to
be filed on an annual basis, with | 24 | | the return for a given year being due by
January 20 of the | 25 | | following year. | 26 | | Such quarter annual and annual returns, as to form and |
| | | 09800HB5072ham001 | - 11 - | LRB098 18505 HLH 57717 a |
|
| 1 | | substance,
shall be subject to the same requirements as monthly | 2 | | returns. | 3 | | Notwithstanding any other provision in this Act concerning | 4 | | the time
within which a retailer may file his return, in the | 5 | | case of any retailer
who ceases to engage in a kind of business | 6 | | which makes him responsible
for filing returns under this Act, | 7 | | such retailer shall file a final
return under this Act with the | 8 | | Department not more than one month after
discontinuing such | 9 | | business. | 10 | | In addition, with respect to motor vehicles, watercraft,
| 11 | | aircraft, and trailers that are required to be registered with | 12 | | an agency of
this State, every
retailer selling this kind of | 13 | | tangible personal property shall file,
with the Department, | 14 | | upon a form to be prescribed and supplied by the
Department, a | 15 | | separate return for each such item of tangible personal
| 16 | | property which the retailer sells, except that if, in the same
| 17 | | transaction, (i) a retailer of aircraft, watercraft, motor | 18 | | vehicles or
trailers transfers more than
one aircraft, | 19 | | watercraft, motor
vehicle or trailer to another aircraft, | 20 | | watercraft, motor vehicle or
trailer retailer for the purpose | 21 | | of resale
or (ii) a retailer of aircraft, watercraft, motor | 22 | | vehicles, or trailers
transfers more than one aircraft, | 23 | | watercraft, motor vehicle, or trailer to a
purchaser for use as | 24 | | a qualifying rolling stock as provided in Section 3-55 of
this | 25 | | Act, then
that seller may report the transfer of all the
| 26 | | aircraft, watercraft, motor
vehicles
or trailers involved in |
| | | 09800HB5072ham001 | - 12 - | LRB098 18505 HLH 57717 a |
|
| 1 | | that transaction to the Department on the same
uniform
| 2 | | invoice-transaction reporting return form.
For purposes of | 3 | | this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | 4 | | watercraft as defined in Section 3-2 of the Boat Registration | 5 | | and Safety Act,
a
personal watercraft, or any boat equipped | 6 | | with an inboard motor. | 7 | | The transaction reporting return in the case of motor | 8 | | vehicles
or trailers that are required to be registered with an | 9 | | agency of this
State, shall
be the same document as the Uniform | 10 | | Invoice referred to in Section 5-402
of the Illinois Vehicle | 11 | | Code and must show the name and address of the
seller; the name | 12 | | and address of the purchaser; the amount of the selling
price | 13 | | including the amount allowed by the retailer for traded-in
| 14 | | property, if any; the amount allowed by the retailer for the | 15 | | traded-in
tangible personal property, if any, to the extent to | 16 | | which Section 2 of
this Act allows an exemption for the value | 17 | | of traded-in property; the
balance payable after deducting such | 18 | | trade-in allowance from the total
selling price; the amount of | 19 | | tax due from the retailer with respect to
such transaction; the | 20 | | amount of tax collected from the purchaser by the
retailer on | 21 | | such transaction (or satisfactory evidence that such tax is
not | 22 | | due in that particular instance, if that is claimed to be the | 23 | | fact);
the place and date of the sale; a sufficient | 24 | | identification of the
property sold; such other information as | 25 | | is required in Section 5-402 of
the Illinois Vehicle Code, and | 26 | | such other information as the Department
may reasonably |
| | | 09800HB5072ham001 | - 13 - | LRB098 18505 HLH 57717 a |
|
| 1 | | require. | 2 | | The transaction reporting return in the case of watercraft
| 3 | | and aircraft must show
the name and address of the seller; the | 4 | | name and address of the
purchaser; the amount of the selling | 5 | | price including the amount allowed
by the retailer for | 6 | | traded-in property, if any; the amount allowed by
the retailer | 7 | | for the traded-in tangible personal property, if any, to
the | 8 | | extent to which Section 2 of this Act allows an exemption for | 9 | | the
value of traded-in property; the balance payable after | 10 | | deducting such
trade-in allowance from the total selling price; | 11 | | the amount of tax due
from the retailer with respect to such | 12 | | transaction; the amount of tax
collected from the purchaser by | 13 | | the retailer on such transaction (or
satisfactory evidence that | 14 | | such tax is not due in that particular
instance, if that is | 15 | | claimed to be the fact); the place and date of the
sale, a | 16 | | sufficient identification of the property sold, and such other
| 17 | | information as the Department may reasonably require. | 18 | | Such transaction reporting return shall be filed not later | 19 | | than 20
days after the date of delivery of the item that is | 20 | | being sold, but may
be filed by the retailer at any time sooner | 21 | | than that if he chooses to
do so. The transaction reporting | 22 | | return and tax remittance or proof of
exemption from the tax | 23 | | that is imposed by this Act may be transmitted to
the | 24 | | Department by way of the State agency with which, or State | 25 | | officer
with whom, the tangible personal property must be | 26 | | titled or registered
(if titling or registration is required) |
| | | 09800HB5072ham001 | - 14 - | LRB098 18505 HLH 57717 a |
|
| 1 | | if the Department and such
agency or State officer determine | 2 | | that this procedure will expedite the
processing of | 3 | | applications for title or registration. | 4 | | With each such transaction reporting return, the retailer | 5 | | shall remit
the proper amount of tax due (or shall submit | 6 | | satisfactory evidence that
the sale is not taxable if that is | 7 | | the case), to the Department or its
agents, whereupon the | 8 | | Department shall issue, in the purchaser's name, a
tax receipt | 9 | | (or a certificate of exemption if the Department is
satisfied | 10 | | that the particular sale is tax exempt) which such purchaser
| 11 | | may submit to the agency with which, or State officer with | 12 | | whom, he must
title or register the tangible personal property | 13 | | that is involved (if
titling or registration is required) in | 14 | | support of such purchaser's
application for an Illinois | 15 | | certificate or other evidence of title or
registration to such | 16 | | tangible personal property. | 17 | | No retailer's failure or refusal to remit tax under this | 18 | | Act
precludes a user, who has paid the proper tax to the | 19 | | retailer, from
obtaining his certificate of title or other | 20 | | evidence of title or
registration (if titling or registration | 21 | | is required) upon satisfying
the Department that such user has | 22 | | paid the proper tax (if tax is due) to
the retailer. The | 23 | | Department shall adopt appropriate rules to carry out
the | 24 | | mandate of this paragraph. | 25 | | If the user who would otherwise pay tax to the retailer | 26 | | wants the
transaction reporting return filed and the payment of |
| | | 09800HB5072ham001 | - 15 - | LRB098 18505 HLH 57717 a |
|
| 1 | | tax or proof of
exemption made to the Department before the | 2 | | retailer is willing to take
these actions and such user has not | 3 | | paid the tax to the retailer, such
user may certify to the fact | 4 | | of such delay by the retailer, and may
(upon the Department | 5 | | being satisfied of the truth of such certification)
transmit | 6 | | the information required by the transaction reporting return
| 7 | | and the remittance for tax or proof of exemption directly to | 8 | | the
Department and obtain his tax receipt or exemption | 9 | | determination, in
which event the transaction reporting return | 10 | | and tax remittance (if a
tax payment was required) shall be | 11 | | credited by the Department to the
proper retailer's account | 12 | | with the Department, but without the 2.1% or 1.75%
discount | 13 | | provided for in this Section being allowed. When the user pays
| 14 | | the tax directly to the Department, he shall pay the tax in the | 15 | | same
amount and in the same form in which it would be remitted | 16 | | if the tax had
been remitted to the Department by the retailer. | 17 | | Where a retailer collects the tax with respect to the | 18 | | selling price
of tangible personal property which he sells and | 19 | | the purchaser
thereafter returns such tangible personal | 20 | | property and the retailer
refunds the selling price thereof to | 21 | | the purchaser, such retailer shall
also refund, to the | 22 | | purchaser, the tax so collected from the purchaser.
When filing | 23 | | his return for the period in which he refunds such tax to
the | 24 | | purchaser, the retailer may deduct the amount of the tax so | 25 | | refunded
by him to the purchaser from any other use tax which | 26 | | such retailer may
be required to pay or remit to the |
| | | 09800HB5072ham001 | - 16 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Department, as shown by such return,
if the amount of the tax | 2 | | to be deducted was previously remitted to the
Department by | 3 | | such retailer. If the retailer has not previously
remitted the | 4 | | amount of such tax to the Department, he is entitled to no
| 5 | | deduction under this Act upon refunding such tax to the | 6 | | purchaser. | 7 | | Any retailer filing a return under this Section shall also | 8 | | include
(for the purpose of paying tax thereon) the total tax | 9 | | covered by such
return upon the selling price of tangible | 10 | | personal property purchased by
him at retail from a retailer, | 11 | | but as to which the tax imposed by this
Act was not collected | 12 | | from the retailer filing such return, and such
retailer shall | 13 | | remit the amount of such tax to the Department when
filing such | 14 | | return. | 15 | | If experience indicates such action to be practicable, the | 16 | | Department
may prescribe and furnish a combination or joint | 17 | | return which will
enable retailers, who are required to file | 18 | | returns hereunder and also
under the Retailers' Occupation Tax | 19 | | Act, to furnish all the return
information required by both | 20 | | Acts on the one form. | 21 | | Where the retailer has more than one business registered | 22 | | with the
Department under separate registration under this Act, | 23 | | such retailer may
not file each return that is due as a single | 24 | | return covering all such
registered businesses, but shall file | 25 | | separate returns for each such
registered business. | 26 | | Notwithstanding any other provision of law, beginning July |
| | | 09800HB5072ham001 | - 17 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 1, 2014, each month the Department shall pay into the State and | 2 | | Local Sales Tax Reform Fund 20% of the net revenue realized for | 3 | | the
preceding month from the tax imposed under this Act on the | 4 | | use of motor fuel and
gasohol. | 5 | | Notwithstanding any other provision of law, beginning July | 6 | | 1, 2014, each month the Department shall pay into the Road Fund | 7 | | 80% of the net revenue realized for the
preceding month from | 8 | | the tax imposed under this Act on the use of motor fuel and
| 9 | | gasohol. | 10 | | Beginning January 1, 1990, each month the Department shall | 11 | | pay into the
State and Local Sales Tax Reform Fund, a special | 12 | | fund in the State Treasury
which is hereby created, the net | 13 | | revenue realized for the preceding month
from the 1% tax on | 14 | | sales of food for human consumption which is to be
consumed off | 15 | | the premises where it is sold (other than alcoholic beverages,
| 16 | | soft drinks and food which has been prepared for immediate | 17 | | consumption) and
prescription and nonprescription medicines, | 18 | | drugs, medical appliances and
insulin, urine testing | 19 | | materials, syringes and needles used by diabetics. | 20 | | Beginning January 1, 1990, each month the Department shall | 21 | | pay into
the County and Mass Transit District Fund 4% of the | 22 | | net revenue realized
for the preceding month from the 6.25% | 23 | | general rate
on the selling price of tangible personal property | 24 | | which is purchased
outside Illinois at retail from a retailer | 25 | | and which is titled or
registered by an agency of this State's | 26 | | government. |
| | | 09800HB5072ham001 | - 18 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Beginning January 1, 1990, each month the Department shall | 2 | | pay into
the State and Local Sales Tax Reform Fund, a special | 3 | | fund in the State
Treasury, 20% of the net revenue realized
for | 4 | | the preceding month from the 6.25% general rate on the selling
| 5 | | price of tangible personal property, other than tangible | 6 | | personal property
which is purchased outside Illinois at retail | 7 | | from a retailer and which is
titled or registered by an agency | 8 | | of this State's government. | 9 | | Beginning August 1, 2000, each
month the Department shall | 10 | | pay into the
State and Local Sales Tax Reform Fund 100% of the | 11 | | net revenue realized for the
preceding month from the 1.25% | 12 | | rate on the selling price of motor fuel and
gasohol. Beginning | 13 | | September 1, 2010, each
month the Department shall pay into the
| 14 | | State and Local Sales Tax Reform Fund 100% of the net revenue | 15 | | realized for the
preceding month from the 1.25% rate on the | 16 | | selling price of sales tax holiday items. | 17 | | Beginning January 1, 1990, each month the Department shall | 18 | | pay into
the Local Government Tax Fund 16% of the net revenue | 19 | | realized for the
preceding month from the 6.25% general rate on | 20 | | the selling price of
tangible personal property which is | 21 | | purchased outside Illinois at retail
from a retailer and which | 22 | | is titled or registered by an agency of this
State's | 23 | | government. | 24 | | Beginning October 1, 2009, each month the Department shall | 25 | | pay into the Capital Projects Fund an amount that is equal to | 26 | | an amount estimated by the Department to represent 80% of the |
| | | 09800HB5072ham001 | - 19 - | LRB098 18505 HLH 57717 a |
|
| 1 | | net revenue realized for the preceding month from the sale of | 2 | | candy, grooming and hygiene products, and soft drinks that had | 3 | | been taxed at a rate of 1% prior to September 1, 2009 but that | 4 | | are is now taxed at 6.25%. | 5 | | Beginning July 1, 2011, each
month the Department shall pay | 6 | | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue | 7 | | realized for the
preceding month from the 6.25% general rate on | 8 | | the selling price of sorbents used in Illinois in the process | 9 | | of sorbent injection as used to comply with the Environmental | 10 | | Protection Act or the federal Clean Air Act, but the total | 11 | | payment into the Clean Air Act (CAA) Permit Fund under this Act | 12 | | and the Retailers' Occupation Tax Act shall not exceed | 13 | | $2,000,000 in any fiscal year. | 14 | | Beginning July 1, 2013, each month the Department shall pay | 15 | | into the Underground Storage Tank Fund from the proceeds | 16 | | collected under this Act, the Service Use Tax Act, the Service | 17 | | Occupation Tax Act, and the Retailers' Occupation Tax Act an | 18 | | amount equal to the average monthly deficit in the Underground | 19 | | Storage Tank Fund during the prior year, as certified annually | 20 | | by the Illinois Environmental Protection Agency, but the total | 21 | | payment into the Underground Storage Tank Fund under this Act, | 22 | | the Service Use Tax Act, the Service Occupation Tax Act, and | 23 | | the Retailers' Occupation Tax Act shall not exceed $18,000,000 | 24 | | in any State fiscal year. As used in this paragraph, the | 25 | | "average monthly deficit" shall be equal to the difference | 26 | | between the average monthly claims for payment by the fund and |
| | | 09800HB5072ham001 | - 20 - | LRB098 18505 HLH 57717 a |
|
| 1 | | the average monthly revenues deposited into the fund, excluding | 2 | | payments made pursuant to this paragraph. | 3 | | Of the remainder of the moneys received by the Department | 4 | | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | 5 | | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | 6 | | and after July 1, 1989, 3.8% thereof shall be paid into the
| 7 | | Build Illinois Fund; provided, however, that if in any fiscal | 8 | | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | 9 | | may be, of the
moneys received by the Department and required | 10 | | to be paid into the Build
Illinois Fund pursuant to Section 3 | 11 | | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | 12 | | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | 13 | | Service Occupation Tax Act, such Acts being
hereinafter called | 14 | | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | 15 | | may be, of moneys being hereinafter called the "Tax Act | 16 | | Amount",
and (2) the amount transferred to the Build Illinois | 17 | | Fund from the State
and Local Sales Tax Reform Fund shall be | 18 | | less than the Annual Specified
Amount (as defined in Section 3 | 19 | | of the Retailers' Occupation Tax Act), an
amount equal to the | 20 | | difference shall be immediately paid into the Build
Illinois | 21 | | Fund from other moneys received by the Department pursuant to | 22 | | the
Tax Acts; and further provided, that if on the last | 23 | | business day of any
month the sum of (1) the Tax Act Amount | 24 | | required to be deposited into the
Build Illinois Bond Account | 25 | | in the Build Illinois Fund during such month
and (2) the amount | 26 | | transferred during such month to the Build Illinois Fund
from |
| | | 09800HB5072ham001 | - 21 - | LRB098 18505 HLH 57717 a |
|
| 1 | | the State and Local Sales Tax Reform Fund shall have been less | 2 | | than
1/12 of the Annual Specified Amount, an amount equal to | 3 | | the difference
shall be immediately paid into the Build | 4 | | Illinois Fund from other moneys
received by the Department | 5 | | pursuant to the Tax Acts; and,
further provided, that in no | 6 | | event shall the payments required under the
preceding proviso | 7 | | result in aggregate payments into the Build Illinois Fund
| 8 | | pursuant to this clause (b) for any fiscal year in excess of | 9 | | the greater
of (i) the Tax Act Amount or (ii) the Annual | 10 | | Specified Amount for such
fiscal year; and, further provided, | 11 | | that the amounts payable into the Build
Illinois Fund under | 12 | | this clause (b) shall be payable only until such time
as the | 13 | | aggregate amount on deposit under each trust
indenture securing | 14 | | Bonds issued and outstanding pursuant to the Build
Illinois | 15 | | Bond Act is sufficient, taking into account any future | 16 | | investment
income, to fully provide, in accordance with such | 17 | | indenture, for the
defeasance of or the payment of the | 18 | | principal of, premium, if any, and
interest on the Bonds | 19 | | secured by such indenture and on any Bonds expected
to be | 20 | | issued thereafter and all fees and costs payable with respect | 21 | | thereto,
all as certified by the Director of the
Bureau of the | 22 | | Budget (now Governor's Office of Management and Budget). If
on | 23 | | the last
business day of any month in which Bonds are | 24 | | outstanding pursuant to the
Build Illinois Bond Act, the | 25 | | aggregate of the moneys deposited
in the Build Illinois Bond | 26 | | Account in the Build Illinois Fund in such month
shall be less |
| | | 09800HB5072ham001 | - 22 - | LRB098 18505 HLH 57717 a |
|
| 1 | | than the amount required to be transferred in such month from
| 2 | | the Build Illinois Bond Account to the Build Illinois Bond | 3 | | Retirement and
Interest Fund pursuant to Section 13 of the | 4 | | Build Illinois Bond Act, an
amount equal to such deficiency | 5 | | shall be immediately paid
from other moneys received by the | 6 | | Department pursuant to the Tax Acts
to the Build Illinois Fund; | 7 | | provided, however, that any amounts paid to the
Build Illinois | 8 | | Fund in any fiscal year pursuant to this sentence shall be
| 9 | | deemed to constitute payments pursuant to clause (b) of the | 10 | | preceding
sentence and shall reduce the amount otherwise | 11 | | payable for such fiscal year
pursuant to clause (b) of the | 12 | | preceding sentence. The moneys received by
the Department | 13 | | pursuant to this Act and required to be deposited into the
| 14 | | Build Illinois Fund are subject to the pledge, claim and charge | 15 | | set forth
in Section 12 of the Build Illinois Bond Act. | 16 | | Subject to payment of amounts into the Build Illinois Fund | 17 | | as provided in
the preceding paragraph or in any amendment | 18 | | thereto hereafter enacted, the
following specified monthly | 19 | | installment of the amount requested in the
certificate of the | 20 | | Chairman of the Metropolitan Pier and Exposition
Authority | 21 | | provided under Section 8.25f of the State Finance Act, but not | 22 | | in
excess of the sums designated as "Total Deposit", shall be
| 23 | | deposited in the aggregate from collections under Section 9 of | 24 | | the Use Tax
Act, Section 9 of the Service Use Tax Act, Section | 25 | | 9 of the Service
Occupation Tax Act, and Section 3 of the | 26 | | Retailers' Occupation Tax Act into
the McCormick Place |
| | | 09800HB5072ham001 | - 23 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Expansion Project Fund in the specified fiscal years. | |
2 | | Fiscal Year | | Total Deposit | |
3 | | 1993 | | $0 | |
4 | | 1994 | | 53,000,000 | |
5 | | 1995 | | 58,000,000 | |
6 | | 1996 | | 61,000,000 | |
7 | | 1997 | | 64,000,000 | |
8 | | 1998 | | 68,000,000 | |
9 | | 1999 | | 71,000,000 | |
10 | | 2000 | | 75,000,000 | |
11 | | 2001 | | 80,000,000 | |
12 | | 2002 | | 93,000,000 | |
13 | | 2003 | | 99,000,000 | |
14 | | 2004 | | 103,000,000 | |
15 | | 2005 | | 108,000,000 | |
16 | | 2006 | | 113,000,000 | |
17 | | 2007 | | 119,000,000 | |
18 | | 2008 | | 126,000,000 | |
19 | | 2009 | | 132,000,000 | |
20 | | 2010 | | 139,000,000 | |
21 | | 2011 | | 146,000,000 | |
22 | | 2012 | | 153,000,000 | |
23 | | 2013 | | 161,000,000 | |
24 | | 2014 | | 170,000,000 | |
25 | | 2015 | | 179,000,000 | |
26 | | 2016 | | 189,000,000 | |
|
| | | 09800HB5072ham001 | - 24 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 2017 | | 199,000,000 | |
2 | | 2018 | | 210,000,000 | |
3 | | 2019 | | 221,000,000 | |
4 | | 2020 | | 233,000,000 | |
5 | | 2021 | | 246,000,000 | |
6 | | 2022 | | 260,000,000 | |
7 | | 2023 | | 275,000,000 | |
8 | | 2024 | | 275,000,000 | |
9 | | 2025 | | 275,000,000 | |
10 | | 2026 | | 279,000,000 | |
11 | | 2027 | | 292,000,000 | |
12 | | 2028 | | 307,000,000 | |
13 | | 2029 | | 322,000,000 | |
14 | | 2030 | | 338,000,000 | |
15 | | 2031 | | 350,000,000 | |
16 | | 2032 | | 350,000,000 | |
17 | | and | | |
|
18 | | each fiscal year | | |
|
19 | | thereafter that bonds | | |
|
20 | | are outstanding under | | |
|
21 | | Section 13.2 of the | | |
|
22 | | Metropolitan Pier and | | |
|
23 | | Exposition Authority Act, | | |
|
24 | | but not after fiscal year 2060. | | |
| 25 | | Beginning July 20, 1993 and in each month of each fiscal | 26 | | year thereafter,
one-eighth of the amount requested in the |
| | | 09800HB5072ham001 | - 25 - | LRB098 18505 HLH 57717 a |
|
| 1 | | certificate of the Chairman of
the Metropolitan Pier and | 2 | | Exposition Authority for that fiscal year, less
the amount | 3 | | deposited into the McCormick Place Expansion Project Fund by | 4 | | the
State Treasurer in the respective month under subsection | 5 | | (g) of Section 13
of the Metropolitan Pier and Exposition | 6 | | Authority Act, plus cumulative
deficiencies in the deposits | 7 | | required under this Section for previous
months and years, | 8 | | shall be deposited into the McCormick Place Expansion
Project | 9 | | Fund, until the full amount requested for the fiscal year, but | 10 | | not
in excess of the amount specified above as "Total Deposit", | 11 | | has been deposited. | 12 | | Subject to payment of amounts into the Build Illinois Fund | 13 | | and the
McCormick Place Expansion Project Fund pursuant to the | 14 | | preceding paragraphs or
in any amendments thereto
hereafter | 15 | | enacted,
beginning July 1, 1993 and ending on September 30, | 16 | | 2013, the Department shall each month pay into the Illinois
Tax | 17 | | Increment Fund 0.27% of 80% of the net revenue realized for the | 18 | | preceding
month from the 6.25% general rate on the selling | 19 | | price of tangible personal
property. | 20 | | Subject to payment of amounts into the Build Illinois Fund | 21 | | and the
McCormick Place Expansion Project Fund pursuant to the | 22 | | preceding paragraphs or in any
amendments thereto hereafter | 23 | | enacted, beginning with the receipt of the first
report of | 24 | | taxes paid by an eligible business and continuing for a 25-year
| 25 | | period, the Department shall each month pay into the Energy | 26 | | Infrastructure
Fund 80% of the net revenue realized from the |
| | | 09800HB5072ham001 | - 26 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 6.25% general rate on the
selling price of Illinois-mined coal | 2 | | that was sold to an eligible business.
For purposes of this | 3 | | paragraph, the term "eligible business" means a new
electric | 4 | | generating facility certified pursuant to Section 605-332 of | 5 | | the
Department of Commerce and
Economic Opportunity Law of the | 6 | | Civil Administrative
Code of Illinois. | 7 | | Of the remainder of the moneys received by the Department | 8 | | pursuant
to this Act, 75% thereof shall be paid into the State | 9 | | Treasury and 25%
shall be reserved in a special account and | 10 | | used only for the transfer to
the Common School Fund as part of | 11 | | the monthly transfer from the General
Revenue Fund in | 12 | | accordance with Section 8a of the State
Finance Act. | 13 | | As soon as possible after the first day of each month, upon | 14 | | certification
of the Department of Revenue, the Comptroller | 15 | | shall order transferred and
the Treasurer shall transfer from | 16 | | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 17 | | equal to 1.7% of 80% of the net revenue realized
under this Act | 18 | | for the second preceding month.
Beginning April 1, 2000, this | 19 | | transfer is no longer required
and shall not be made. | 20 | | Net revenue realized for a month shall be the revenue | 21 | | collected
by the State pursuant to this Act, less the amount | 22 | | paid out during that
month as refunds to taxpayers for | 23 | | overpayment of liability. | 24 | | For greater simplicity of administration, manufacturers, | 25 | | importers
and wholesalers whose products are sold at retail in | 26 | | Illinois by
numerous retailers, and who wish to do so, may |
| | | 09800HB5072ham001 | - 27 - | LRB098 18505 HLH 57717 a |
|
| 1 | | assume the responsibility
for accounting and paying to the | 2 | | Department all tax accruing under this
Act with respect to such | 3 | | sales, if the retailers who are affected do not
make written | 4 | | objection to the Department to this arrangement. | 5 | | (Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24, | 6 | | eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14; | 7 | | revised 9-9-13.) | 8 | | Section 10. The Service Use Tax Act is amended by changing | 9 | | Section 9 as follows: | 10 | | (35 ILCS 110/9) (from Ch. 120, par. 439.39) | 11 | | Sec. 9. Each serviceman required or authorized to collect | 12 | | the tax
herein imposed shall pay to the Department the amount | 13 | | of such tax
(except as otherwise provided) at the time when he | 14 | | is required to file
his return for the period during which such | 15 | | tax was collected, less a
discount of 2.1% prior to January 1, | 16 | | 1990 and 1.75% on and after January 1,
1990, or $5 per calendar | 17 | | year, whichever is greater, which is allowed to
reimburse the | 18 | | serviceman for expenses incurred in collecting the tax,
keeping | 19 | | records, preparing and filing returns, remitting the tax and
| 20 | | supplying data to the Department on request. The Department may | 21 | | disallow the discount for servicemen whose certificate of | 22 | | registration is revoked at the time the return is filed, but | 23 | | only if the Department's decision to revoke the certificate of | 24 | | registration has become final. A serviceman need not remit
that |
| | | 09800HB5072ham001 | - 28 - | LRB098 18505 HLH 57717 a |
|
| 1 | | part of any tax collected by him to the extent that he is | 2 | | required to
pay and does pay the tax imposed by the Service | 3 | | Occupation Tax Act with
respect to his sale of service | 4 | | involving the incidental transfer by him of
the same property. | 5 | | Except as provided hereinafter in this Section, on or | 6 | | before the twentieth
day of each calendar month, such | 7 | | serviceman shall file a return for the
preceding calendar month | 8 | | in accordance with reasonable Rules and
Regulations to be | 9 | | promulgated by the Department. Such return shall be
filed on a | 10 | | form prescribed by the Department and shall contain such
| 11 | | information as the Department may reasonably require. | 12 | | The Department may require returns to be filed on a | 13 | | quarterly basis.
If so required, a return for each calendar | 14 | | quarter shall be filed on or
before the twentieth day of the | 15 | | calendar month following the end of such
calendar quarter. The | 16 | | taxpayer shall also file a return with the
Department for each | 17 | | of the first two months of each calendar quarter, on or
before | 18 | | the twentieth day of the following calendar month, stating: | 19 | | 1. The name of the seller; | 20 | | 2. The address of the principal place of business from | 21 | | which he engages
in business as a serviceman in this State; | 22 | | 3. The total amount of taxable receipts received by him | 23 | | during the
preceding calendar month, including receipts | 24 | | from charge and time sales,
but less all deductions allowed | 25 | | by law; | 26 | | 4. The amount of credit provided in Section 2d of this |
| | | 09800HB5072ham001 | - 29 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Act; | 2 | | 5. The amount of tax due; | 3 | | 5-5. The signature of the taxpayer; and | 4 | | 6. Such other reasonable information as the Department | 5 | | may
require. | 6 | | If a taxpayer fails to sign a return within 30 days after | 7 | | the proper notice
and demand for signature by the Department, | 8 | | the return shall be considered
valid and any amount shown to be | 9 | | due on the return shall be deemed assessed. | 10 | | Beginning October 1, 1993, a taxpayer who has an average | 11 | | monthly tax
liability of $150,000 or more shall make all | 12 | | payments required by rules of
the Department by electronic | 13 | | funds transfer. Beginning October 1, 1994, a
taxpayer who has | 14 | | an average monthly tax liability of $100,000 or more shall
make | 15 | | all payments required by rules of the Department by electronic | 16 | | funds
transfer. Beginning October 1, 1995, a taxpayer who has | 17 | | an average monthly
tax liability of $50,000 or more shall make | 18 | | all payments required by rules
of the Department by electronic | 19 | | funds transfer.
Beginning October 1, 2000, a taxpayer who has | 20 | | an annual tax liability of
$200,000 or more shall make all | 21 | | payments required by rules of the Department by
electronic | 22 | | funds transfer. The term "annual tax liability" shall be the | 23 | | sum of
the taxpayer's liabilities under this Act, and under all | 24 | | other State and local
occupation and use tax laws administered | 25 | | by the Department, for the immediately
preceding calendar year.
| 26 | | The term "average monthly tax
liability" means the sum of the |
| | | 09800HB5072ham001 | - 30 - | LRB098 18505 HLH 57717 a |
|
| 1 | | taxpayer's liabilities under this Act, and
under all other | 2 | | State and local occupation and use tax laws administered by the
| 3 | | Department, for the immediately preceding calendar year | 4 | | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 5 | | a tax liability in the
amount set forth in subsection (b) of | 6 | | Section 2505-210 of the Department of
Revenue Law shall make | 7 | | all payments required by rules of the Department by
electronic | 8 | | funds transfer. | 9 | | Before August 1 of each year beginning in 1993, the | 10 | | Department shall
notify all taxpayers required to make payments | 11 | | by electronic funds transfer.
All taxpayers required to make | 12 | | payments by electronic funds transfer shall
make those payments | 13 | | for a minimum of one year beginning on October 1. | 14 | | Any taxpayer not required to make payments by electronic | 15 | | funds transfer
may make payments by electronic funds transfer | 16 | | with the permission of the
Department. | 17 | | All taxpayers required to make payment by electronic funds | 18 | | transfer and
any taxpayers authorized to voluntarily make | 19 | | payments by electronic funds
transfer shall make those payments | 20 | | in the manner authorized by the Department. | 21 | | The Department shall adopt such rules as are necessary to | 22 | | effectuate a
program of electronic funds transfer and the | 23 | | requirements of this Section. | 24 | | If the serviceman is otherwise required to file a monthly | 25 | | return and
if the serviceman's average monthly tax liability to | 26 | | the Department
does not exceed $200, the Department may |
| | | 09800HB5072ham001 | - 31 - | LRB098 18505 HLH 57717 a |
|
| 1 | | authorize his returns to be
filed on a quarter annual basis, | 2 | | with the return for January, February
and March of a given year | 3 | | being due by April 20 of such year; with the
return for April, | 4 | | May and June of a given year being due by July 20 of
such year; | 5 | | with the return for July, August and September of a given
year | 6 | | being due by October 20 of such year, and with the return for
| 7 | | October, November and December of a given year being due by | 8 | | January 20
of the following year. | 9 | | If the serviceman is otherwise required to file a monthly | 10 | | or quarterly
return and if the serviceman's average monthly tax | 11 | | liability to the Department
does not exceed $50, the Department | 12 | | may authorize his returns to be
filed on an annual basis, with | 13 | | the return for a given year being due by
January 20 of the | 14 | | following year. | 15 | | Such quarter annual and annual returns, as to form and | 16 | | substance,
shall be subject to the same requirements as monthly | 17 | | returns. | 18 | | Notwithstanding any other provision in this Act concerning | 19 | | the time
within which a serviceman may file his return, in the | 20 | | case of any
serviceman who ceases to engage in a kind of | 21 | | business which makes him
responsible for filing returns under | 22 | | this Act, such serviceman shall
file a final return under this | 23 | | Act with the Department not more than 1
month after | 24 | | discontinuing such business. | 25 | | Where a serviceman collects the tax with respect to the | 26 | | selling price of
property which he sells and the purchaser |
| | | 09800HB5072ham001 | - 32 - | LRB098 18505 HLH 57717 a |
|
| 1 | | thereafter returns such
property and the serviceman refunds the | 2 | | selling price thereof to the
purchaser, such serviceman shall | 3 | | also refund, to the purchaser, the tax
so collected from the | 4 | | purchaser. When filing his return for the period
in which he | 5 | | refunds such tax to the purchaser, the serviceman may deduct
| 6 | | the amount of the tax so refunded by him to the purchaser from | 7 | | any other
Service Use Tax, Service Occupation Tax, retailers' | 8 | | occupation tax or
use tax which such serviceman may be required | 9 | | to pay or remit to the
Department, as shown by such return, | 10 | | provided that the amount of the tax
to be deducted shall | 11 | | previously have been remitted to the Department by
such | 12 | | serviceman. If the serviceman shall not previously have | 13 | | remitted
the amount of such tax to the Department, he shall be | 14 | | entitled to no
deduction hereunder upon refunding such tax to | 15 | | the purchaser. | 16 | | Any serviceman filing a return hereunder shall also include | 17 | | the total
tax upon the selling price of tangible personal | 18 | | property purchased for use
by him as an incident to a sale of | 19 | | service, and such serviceman shall remit
the amount of such tax | 20 | | to the Department when filing such return. | 21 | | If experience indicates such action to be practicable, the | 22 | | Department
may prescribe and furnish a combination or joint | 23 | | return which will
enable servicemen, who are required to file | 24 | | returns hereunder and also
under the Service Occupation Tax | 25 | | Act, to furnish all the return
information required by both | 26 | | Acts on the one form. |
| | | 09800HB5072ham001 | - 33 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Where the serviceman has more than one business registered | 2 | | with the
Department under separate registration hereunder, | 3 | | such serviceman shall
not file each return that is due as a | 4 | | single return covering all such
registered businesses, but | 5 | | shall file separate returns for each such
registered business. | 6 | | Notwithstanding any other provision of law, beginning July | 7 | | 1, 2014, each month the Department shall pay into the State and | 8 | | Local Sales Tax Reform Fund 20% of the net revenue realized for | 9 | | the
preceding month from the tax imposed under this Act on the | 10 | | use of motor fuel and
gasohol. | 11 | | Notwithstanding any other provision of law, beginning July | 12 | | 1, 2014, each month the Department shall pay into the Road Fund | 13 | | 80% of the net revenue realized for the
preceding month from | 14 | | the tax imposed under this Act on the use of motor fuel and
| 15 | | gasohol. | 16 | | Beginning January 1, 1990, each month the Department shall | 17 | | pay into
the State and Local Tax Reform Fund, a special fund in | 18 | | the State Treasury,
the net revenue realized for the preceding | 19 | | month from the 1% tax on sales
of food for human consumption | 20 | | which is to be consumed off the premises
where it is sold | 21 | | (other than alcoholic beverages, soft drinks and food
which has | 22 | | been prepared for immediate consumption) and prescription and
| 23 | | nonprescription medicines, drugs, medical appliances and | 24 | | insulin, urine
testing materials, syringes and needles used by | 25 | | diabetics. | 26 | | Beginning January 1, 1990, each month the Department shall |
| | | 09800HB5072ham001 | - 34 - | LRB098 18505 HLH 57717 a |
|
| 1 | | pay into
the State and Local Sales Tax Reform Fund 20% of the | 2 | | net revenue realized
for the preceding month from the 6.25% | 3 | | general rate on transfers of
tangible personal property, other | 4 | | than tangible personal property which is
purchased outside | 5 | | Illinois at retail from a retailer and which is titled or
| 6 | | registered by an agency of this State's government. | 7 | | Beginning August 1, 2000, each
month the Department shall | 8 | | pay into the
State and Local Sales Tax Reform Fund 100% of the | 9 | | net revenue realized for the
preceding
month from the 1.25% | 10 | | rate on the selling price of motor fuel and gasohol. | 11 | | Beginning October 1, 2009, each month the Department shall | 12 | | pay into the Capital Projects Fund an amount that is equal to | 13 | | an amount estimated by the Department to represent 80% of the | 14 | | net revenue realized for the preceding month from the sale of | 15 | | candy, grooming and hygiene products, and soft drinks that had | 16 | | been taxed at a rate of 1% prior to September 1, 2009 but that | 17 | | are is now taxed at 6.25%. | 18 | | Beginning July 1, 2013, each month the Department shall pay | 19 | | into the Underground Storage Tank Fund from the proceeds | 20 | | collected under this Act, the Use Tax Act, the Service | 21 | | Occupation Tax Act, and the Retailers' Occupation Tax Act an | 22 | | amount equal to the average monthly deficit in the Underground | 23 | | Storage Tank Fund during the prior year, as certified annually | 24 | | by the Illinois Environmental Protection Agency, but the total | 25 | | payment into the Underground Storage Tank Fund under this Act, | 26 | | the Use Tax Act, the Service Occupation Tax Act, and the |
| | | 09800HB5072ham001 | - 35 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Retailers' Occupation Tax Act shall not exceed $18,000,000 in | 2 | | any State fiscal year. As used in this paragraph, the "average | 3 | | monthly deficit" shall be equal to the difference between the | 4 | | average monthly claims for payment by the fund and the average | 5 | | monthly revenues deposited into the fund, excluding payments | 6 | | made pursuant to this paragraph. | 7 | | Of the remainder of the moneys received by the Department | 8 | | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | 9 | | Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | 10 | | and after July 1,
1989, 3.8% thereof shall be paid into the | 11 | | Build Illinois Fund; provided,
however, that if in any fiscal | 12 | | year the sum of (1) the aggregate of 2.2% or
3.8%, as the case | 13 | | may be, of the moneys received by the Department and
required | 14 | | to be paid into the Build Illinois Fund pursuant to Section 3 | 15 | | of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax | 16 | | Act, Section 9
of the Service Use Tax Act, and Section 9 of the | 17 | | Service Occupation Tax
Act, such Acts being hereinafter called | 18 | | the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | 19 | | may be, of moneys being hereinafter called the
"Tax Act | 20 | | Amount", and (2) the amount transferred to the Build Illinois | 21 | | Fund
from the State and Local Sales Tax Reform Fund shall be | 22 | | less than the
Annual Specified Amount (as defined in Section 3 | 23 | | of the Retailers'
Occupation Tax Act), an amount equal to the | 24 | | difference shall be immediately
paid into the Build Illinois | 25 | | Fund from other moneys received by the
Department pursuant to | 26 | | the Tax Acts; and further provided, that if on the
last |
| | | 09800HB5072ham001 | - 36 - | LRB098 18505 HLH 57717 a |
|
| 1 | | business day of any month the sum of (1) the Tax Act Amount | 2 | | required
to be deposited into the Build Illinois Bond Account | 3 | | in the Build Illinois
Fund during such month and (2) the amount | 4 | | transferred during such month to
the Build Illinois Fund from | 5 | | the State and Local Sales Tax Reform Fund
shall have been less | 6 | | than 1/12 of the Annual Specified Amount, an amount
equal to | 7 | | the difference shall be immediately paid into the Build | 8 | | Illinois
Fund from other moneys received by the Department | 9 | | pursuant to the Tax Acts;
and, further provided, that in no | 10 | | event shall the payments required under
the preceding proviso | 11 | | result in aggregate payments into the Build Illinois
Fund | 12 | | pursuant to this clause (b) for any fiscal year in excess of | 13 | | the
greater of (i) the Tax Act Amount or (ii) the Annual | 14 | | Specified Amount for
such fiscal year; and, further provided, | 15 | | that the amounts payable into the
Build Illinois Fund under | 16 | | this clause (b) shall be payable only until such
time as the | 17 | | aggregate amount on deposit under each trust indenture securing
| 18 | | Bonds issued and outstanding pursuant to the Build Illinois | 19 | | Bond Act is
sufficient, taking into account any future | 20 | | investment income, to fully
provide, in accordance with such | 21 | | indenture, for the defeasance of or the
payment of the | 22 | | principal of, premium, if any, and interest on the Bonds
| 23 | | secured by such indenture and on any Bonds expected to be | 24 | | issued thereafter
and all fees and costs payable with respect | 25 | | thereto, all as certified by
the Director of the
Bureau of the | 26 | | Budget (now Governor's Office of Management and Budget). If
on |
| | | 09800HB5072ham001 | - 37 - | LRB098 18505 HLH 57717 a |
|
| 1 | | the last business day of
any month in which Bonds are | 2 | | outstanding pursuant to the Build Illinois
Bond Act, the | 3 | | aggregate of the moneys deposited in the Build Illinois Bond
| 4 | | Account in the Build Illinois Fund in such month shall be less | 5 | | than the
amount required to be transferred in such month from | 6 | | the Build Illinois
Bond Account to the Build Illinois Bond | 7 | | Retirement and Interest Fund
pursuant to Section 13 of the | 8 | | Build Illinois Bond Act, an amount equal to
such deficiency | 9 | | shall be immediately paid from other moneys received by the
| 10 | | Department pursuant to the Tax Acts to the Build Illinois Fund; | 11 | | provided,
however, that any amounts paid to the Build Illinois | 12 | | Fund in any fiscal
year pursuant to this sentence shall be | 13 | | deemed to constitute payments
pursuant to clause (b) of the | 14 | | preceding sentence and shall reduce the
amount otherwise | 15 | | payable for such fiscal year pursuant to clause (b) of the
| 16 | | preceding sentence. The moneys received by the Department | 17 | | pursuant to this
Act and required to be deposited into the | 18 | | Build Illinois Fund are subject
to the pledge, claim and charge | 19 | | set forth in Section 12 of the Build Illinois
Bond Act. | 20 | | Subject to payment of amounts into the Build Illinois Fund | 21 | | as provided in
the preceding paragraph or in any amendment | 22 | | thereto hereafter enacted, the
following specified monthly | 23 | | installment of the amount requested in the
certificate of the | 24 | | Chairman of the Metropolitan Pier and Exposition
Authority | 25 | | provided under Section 8.25f of the State Finance Act, but not | 26 | | in
excess of the sums designated as "Total Deposit", shall be |
| | | 09800HB5072ham001 | - 38 - | LRB098 18505 HLH 57717 a |
|
| 1 | | deposited in the
aggregate from collections under Section 9 of | 2 | | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | 3 | | 9 of the Service Occupation Tax Act, and
Section 3 of the | 4 | | Retailers' Occupation Tax Act into the McCormick Place
| 5 | | Expansion Project Fund in the specified fiscal years. | |
6 | | Fiscal Year | | Total Deposit | |
7 | | 1993 | | $0 | |
8 | | 1994 | | 53,000,000 | |
9 | | 1995 | | 58,000,000 | |
10 | | 1996 | | 61,000,000 | |
11 | | 1997 | | 64,000,000 | |
12 | | 1998 | | 68,000,000 | |
13 | | 1999 | | 71,000,000 | |
14 | | 2000 | | 75,000,000 | |
15 | | 2001 | | 80,000,000 | |
16 | | 2002 | | 93,000,000 | |
17 | | 2003 | | 99,000,000 | |
18 | | 2004 | | 103,000,000 | |
19 | | 2005 | | 108,000,000 | |
20 | | 2006 | | 113,000,000 | |
21 | | 2007 | | 119,000,000 | |
22 | | 2008 | | 126,000,000 | |
23 | | 2009 | | 132,000,000 | |
24 | | 2010 | | 139,000,000 | |
25 | | 2011 | | 146,000,000 | |
|
| | | 09800HB5072ham001 | - 39 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 2012 | | 153,000,000 | |
2 | | 2013 | | 161,000,000 | |
3 | | 2014 | | 170,000,000 | |
4 | | 2015 | | 179,000,000 | |
5 | | 2016 | | 189,000,000 | |
6 | | 2017 | | 199,000,000 | |
7 | | 2018 | | 210,000,000 | |
8 | | 2019 | | 221,000,000 | |
9 | | 2020 | | 233,000,000 | |
10 | | 2021 | | 246,000,000 | |
11 | | 2022 | | 260,000,000 | |
12 | | 2023 | | 275,000,000 | |
13 | | 2024 | | 275,000,000 | |
14 | | 2025 | | 275,000,000 | |
15 | | 2026 | | 279,000,000 | |
16 | | 2027 | | 292,000,000 | |
17 | | 2028 | | 307,000,000 | |
18 | | 2029 | | 322,000,000 | |
19 | | 2030 | | 338,000,000 | |
20 | | 2031 | | 350,000,000 | |
21 | | 2032 | | 350,000,000 | |
22 | | and | | |
|
23 | | each fiscal year | | |
|
24 | | thereafter that bonds | | |
|
25 | | are outstanding under | | |
|
26 | | Section 13.2 of the | | |
|
|
| | | 09800HB5072ham001 | - 40 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Metropolitan Pier and | | |
|
2 | | Exposition Authority Act, | | |
|
3 | | but not after fiscal year 2060. | | |
| 4 | | Beginning July 20, 1993 and in each month of each fiscal | 5 | | year thereafter,
one-eighth of the amount requested in the | 6 | | certificate of the Chairman of
the Metropolitan Pier and | 7 | | Exposition Authority for that fiscal year, less
the amount | 8 | | deposited into the McCormick Place Expansion Project Fund by | 9 | | the
State Treasurer in the respective month under subsection | 10 | | (g) of Section 13
of the Metropolitan Pier and Exposition | 11 | | Authority Act, plus cumulative
deficiencies in the deposits | 12 | | required under this Section for previous
months and years, | 13 | | shall be deposited into the McCormick Place Expansion
Project | 14 | | Fund, until the full amount requested for the fiscal year, but | 15 | | not
in excess of the amount specified above as "Total Deposit", | 16 | | has been deposited. | 17 | | Subject to payment of amounts into the Build Illinois Fund | 18 | | and the
McCormick Place Expansion Project Fund
pursuant to the | 19 | | preceding paragraphs or in any amendments thereto hereafter
| 20 | | enacted, beginning July 1, 1993 and ending on September 30, | 21 | | 2013, the Department shall each month pay into the
Illinois Tax | 22 | | Increment Fund 0.27% of 80% of the net revenue realized for the
| 23 | | preceding month from the 6.25% general rate on the selling | 24 | | price of tangible
personal property. | 25 | | Subject to payment of amounts into the Build Illinois Fund | 26 | | and the
McCormick Place Expansion Project Fund pursuant to the |
| | | 09800HB5072ham001 | - 41 - | LRB098 18505 HLH 57717 a |
|
| 1 | | preceding paragraphs or
in any
amendments thereto hereafter | 2 | | enacted, beginning with the receipt of the first
report of | 3 | | taxes paid by an eligible business and continuing for a 25-year
| 4 | | period, the Department shall each month pay into the Energy | 5 | | Infrastructure
Fund 80% of the net revenue realized from the | 6 | | 6.25% general rate on the
selling price of Illinois-mined coal | 7 | | that was sold to an eligible business.
For purposes of this | 8 | | paragraph, the term "eligible business" means a new
electric | 9 | | generating facility certified pursuant to Section 605-332 of | 10 | | the
Department of Commerce and
Economic Opportunity Law of the | 11 | | Civil Administrative
Code of Illinois. | 12 | | Of the remainder of the moneys received by the Department | 13 | | pursuant to this
Act, 75% thereof shall be paid into the | 14 | | General Revenue Fund of the State Treasury and 25% shall be | 15 | | reserved in a special account and used only for the transfer to | 16 | | the Common School Fund as part of the monthly transfer from the | 17 | | General Revenue Fund in accordance with Section 8a of the State | 18 | | Finance Act. | 19 | | As soon as possible after the first day of each month, upon | 20 | | certification
of the Department of Revenue, the Comptroller | 21 | | shall order transferred and
the Treasurer shall transfer from | 22 | | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 23 | | equal to 1.7% of 80% of the net revenue realized
under this Act | 24 | | for the second preceding month.
Beginning April 1, 2000, this | 25 | | transfer is no longer required
and shall not be made. | 26 | | Net revenue realized for a month shall be the revenue |
| | | 09800HB5072ham001 | - 42 - | LRB098 18505 HLH 57717 a |
|
| 1 | | collected by the State
pursuant to this Act, less the amount | 2 | | paid out during that month as refunds
to taxpayers for | 3 | | overpayment of liability. | 4 | | (Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13; | 5 | | 98-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.) | 6 | | Section 15. The Service Occupation Tax Act is amended by | 7 | | changing Section 9 as follows: | 8 | | (35 ILCS 115/9) (from Ch. 120, par. 439.109) | 9 | | Sec. 9. Each serviceman required or authorized to collect | 10 | | the tax
herein imposed shall pay to the Department the amount | 11 | | of such tax at the
time when he is required to file his return | 12 | | for the period during which
such tax was collectible, less a | 13 | | discount of 2.1% prior to
January 1, 1990, and 1.75% on and | 14 | | after January 1, 1990, or
$5 per calendar year, whichever is | 15 | | greater, which is allowed to reimburse
the serviceman for | 16 | | expenses incurred in collecting the tax, keeping
records, | 17 | | preparing and filing returns, remitting the tax and supplying | 18 | | data
to the Department on request. The Department may disallow | 19 | | the discount for servicemen whose certificate of registration | 20 | | is revoked at the time the return is filed, but only if the | 21 | | Department's decision to revoke the certificate of | 22 | | registration has become final. | 23 | | Where such tangible personal property is sold under a | 24 | | conditional
sales contract, or under any other form of sale |
| | | 09800HB5072ham001 | - 43 - | LRB098 18505 HLH 57717 a |
|
| 1 | | wherein the payment of
the principal sum, or a part thereof, is | 2 | | extended beyond the close of
the period for which the return is | 3 | | filed, the serviceman, in collecting
the tax may collect, for | 4 | | each tax return period, only the tax applicable
to the part of | 5 | | the selling price actually received during such tax return
| 6 | | period. | 7 | | Except as provided hereinafter in this Section, on or | 8 | | before the twentieth
day of each calendar month, such | 9 | | serviceman shall file a
return for the preceding calendar month | 10 | | in accordance with reasonable
rules and regulations to be | 11 | | promulgated by the Department of Revenue.
Such return shall be | 12 | | filed on a form prescribed by the Department and
shall contain | 13 | | such information as the Department may reasonably require. | 14 | | The Department may require returns to be filed on a | 15 | | quarterly basis.
If so required, a return for each calendar | 16 | | quarter shall be filed on or
before the twentieth day of the | 17 | | calendar month following the end of such
calendar quarter. The | 18 | | taxpayer shall also file a return with the
Department for each | 19 | | of the first two months of each calendar quarter, on or
before | 20 | | the twentieth day of the following calendar month, stating: | 21 | | 1. The name of the seller; | 22 | | 2. The address of the principal place of business from | 23 | | which he engages
in business as a serviceman in this State; | 24 | | 3. The total amount of taxable receipts received by him | 25 | | during the
preceding calendar month, including receipts | 26 | | from charge and time sales,
but less all deductions allowed |
| | | 09800HB5072ham001 | - 44 - | LRB098 18505 HLH 57717 a |
|
| 1 | | by law; | 2 | | 4. The amount of credit provided in Section 2d of this | 3 | | Act; | 4 | | 5. The amount of tax due; | 5 | | 5-5. The signature of the taxpayer; and | 6 | | 6. Such other reasonable information as the Department | 7 | | may
require. | 8 | | If a taxpayer fails to sign a return within 30 days after | 9 | | the proper notice
and demand for signature by the Department, | 10 | | the return shall be considered
valid and any amount shown to be | 11 | | due on the return shall be deemed assessed. | 12 | | Prior to October 1, 2003, and on and after September 1, | 13 | | 2004 a serviceman may accept a Manufacturer's
Purchase Credit | 14 | | certification
from a purchaser in satisfaction
of Service Use | 15 | | Tax as provided in Section 3-70 of the
Service Use Tax Act if | 16 | | the purchaser provides
the
appropriate
documentation as | 17 | | required by Section 3-70 of the Service Use Tax Act.
A | 18 | | Manufacturer's Purchase Credit certification, accepted prior | 19 | | to October 1,
2003 or on or after September 1, 2004 by a | 20 | | serviceman as
provided in Section 3-70 of the Service Use Tax | 21 | | Act, may be used by that
serviceman to satisfy Service | 22 | | Occupation Tax liability in the amount claimed in
the | 23 | | certification, not to exceed 6.25% of the receipts subject to | 24 | | tax from a
qualifying purchase. A Manufacturer's Purchase | 25 | | Credit reported on any
original or amended return
filed under
| 26 | | this Act after October 20, 2003 for reporting periods prior to |
| | | 09800HB5072ham001 | - 45 - | LRB098 18505 HLH 57717 a |
|
| 1 | | September 1, 2004 shall be disallowed. Manufacturer's Purchase | 2 | | Credit reported on annual returns due on or after January 1, | 3 | | 2005 will be disallowed for periods prior to September 1, 2004.
| 4 | | No Manufacturer's
Purchase Credit may be used after September | 5 | | 30, 2003 through August 31, 2004 to
satisfy any
tax liability | 6 | | imposed under this Act, including any audit liability. | 7 | | If the serviceman's average monthly tax liability to
the | 8 | | Department does not exceed $200, the Department may authorize | 9 | | his
returns to be filed on a quarter annual basis, with the | 10 | | return for
January, February and March of a given year being | 11 | | due by April 20 of
such year; with the return for April, May | 12 | | and June of a given year being
due by July 20 of such year; with | 13 | | the return for July, August and
September of a given year being | 14 | | due by October 20 of such year, and with
the return for | 15 | | October, November and December of a given year being due
by | 16 | | January 20 of the following year. | 17 | | If the serviceman's average monthly tax liability to
the | 18 | | Department does not exceed $50, the Department may authorize | 19 | | his
returns to be filed on an annual basis, with the return for | 20 | | a given year
being due by January 20 of the following year. | 21 | | Such quarter annual and annual returns, as to form and | 22 | | substance,
shall be subject to the same requirements as monthly | 23 | | returns. | 24 | | Notwithstanding any other provision in this Act concerning | 25 | | the time within
which a serviceman may file his return, in the | 26 | | case of any serviceman who
ceases to engage in a kind of |
| | | 09800HB5072ham001 | - 46 - | LRB098 18505 HLH 57717 a |
|
| 1 | | business which makes him responsible for filing
returns under | 2 | | this Act, such serviceman shall file a final return under this
| 3 | | Act with the Department not more than 1 month after | 4 | | discontinuing such
business. | 5 | | Beginning October 1, 1993, a taxpayer who has an average | 6 | | monthly tax
liability of $150,000 or more shall make all | 7 | | payments required by rules of the
Department by electronic | 8 | | funds transfer. Beginning October 1, 1994, a taxpayer
who has | 9 | | an average monthly tax liability of $100,000 or more shall make | 10 | | all
payments required by rules of the Department by electronic | 11 | | funds transfer.
Beginning October 1, 1995, a taxpayer who has | 12 | | an average monthly tax liability
of $50,000 or more shall make | 13 | | all payments required by rules of the Department
by electronic | 14 | | funds transfer. Beginning October 1, 2000, a taxpayer who has
| 15 | | an annual tax liability of $200,000 or more shall make all | 16 | | payments required by
rules of the Department by electronic | 17 | | funds transfer. The term "annual tax
liability" shall be the | 18 | | sum of the taxpayer's liabilities under this Act, and
under all | 19 | | other State and local occupation and use tax laws administered | 20 | | by the
Department, for the immediately preceding calendar year. | 21 | | The term "average
monthly tax liability" means
the sum of the | 22 | | taxpayer's liabilities under this Act, and under all other | 23 | | State
and local occupation and use tax laws administered by the | 24 | | Department, for the
immediately preceding calendar year | 25 | | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 26 | | a tax liability in the
amount set forth in subsection (b) of |
| | | 09800HB5072ham001 | - 47 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Section 2505-210 of the Department of
Revenue Law shall make | 2 | | all payments required by rules of the Department by
electronic | 3 | | funds transfer. | 4 | | Before August 1 of each year beginning in 1993, the | 5 | | Department shall
notify all taxpayers required to make payments | 6 | | by electronic funds transfer.
All taxpayers required to make | 7 | | payments by electronic funds transfer shall make
those payments | 8 | | for a minimum of one year beginning on October 1. | 9 | | Any taxpayer not required to make payments by electronic | 10 | | funds transfer may
make payments by electronic funds transfer | 11 | | with the
permission of the Department. | 12 | | All taxpayers required to make payment by electronic funds | 13 | | transfer and
any taxpayers authorized to voluntarily make | 14 | | payments by electronic funds
transfer shall make those payments | 15 | | in the manner authorized by the Department. | 16 | | The Department shall adopt such rules as are necessary to | 17 | | effectuate a
program of electronic funds transfer and the | 18 | | requirements of this Section. | 19 | | Where a serviceman collects the tax with respect to the | 20 | | selling price of
tangible personal property which he sells and | 21 | | the purchaser thereafter returns
such tangible personal | 22 | | property and the serviceman refunds the
selling price thereof | 23 | | to the purchaser, such serviceman shall also refund,
to the | 24 | | purchaser, the tax so collected from the purchaser. When
filing | 25 | | his return for the period in which he refunds such tax to the
| 26 | | purchaser, the serviceman may deduct the amount of the tax so |
| | | 09800HB5072ham001 | - 48 - | LRB098 18505 HLH 57717 a |
|
| 1 | | refunded by
him to the purchaser from any other Service | 2 | | Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or | 3 | | Use Tax which such serviceman may be
required to pay or remit | 4 | | to the Department, as shown by such return,
provided that the | 5 | | amount of the tax to be deducted shall previously have
been | 6 | | remitted to the Department by such serviceman. If the | 7 | | serviceman shall
not previously have remitted the amount of | 8 | | such tax to the Department,
he shall be entitled to no | 9 | | deduction hereunder upon refunding such tax
to the purchaser. | 10 | | If experience indicates such action to be practicable, the | 11 | | Department
may prescribe and furnish a combination or joint | 12 | | return which will
enable servicemen, who are required to file | 13 | | returns
hereunder and also under the Retailers' Occupation Tax | 14 | | Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | 15 | | the return
information required by all said Acts on the one | 16 | | form. | 17 | | Where the serviceman has more than one business
registered | 18 | | with the Department under separate registrations hereunder,
| 19 | | such serviceman shall file separate returns for each
registered | 20 | | business. | 21 | | Notwithstanding any other provision of law, beginning July | 22 | | 1, 2014, each month the Department shall pay into
the Local | 23 | | Government Tax Fund 16% of the net revenue realized for the
| 24 | | preceding month from the tax imposed under this Act on the sale | 25 | | of motor fuel and
gasohol. | 26 | | Notwithstanding any other provision of law, beginning July |
| | | 09800HB5072ham001 | - 49 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 1, 2014, each month the Department shall pay into the County | 2 | | and Mass Transit District Fund 4% of the net revenue realized | 3 | | for the
preceding month from the tax imposed under this Act on | 4 | | the sale of motor fuel and
gasohol. | 5 | | Notwithstanding any other provision of law, beginning July | 6 | | 1, 2014, each month the Department shall pay into the Road Fund | 7 | | 80% of the net revenue realized for the
preceding month from | 8 | | the tax imposed under this Act on the sale of motor fuel and
| 9 | | gasohol. | 10 | | Beginning January 1, 1990, each month the Department shall | 11 | | pay into
the Local Government Tax Fund the revenue realized for | 12 | | the
preceding month from the 1% tax on sales of food for human | 13 | | consumption
which is to be consumed off the premises where it | 14 | | is sold (other than
alcoholic beverages, soft drinks and food | 15 | | which has been prepared for
immediate consumption) and | 16 | | prescription and nonprescription medicines,
drugs, medical | 17 | | appliances and insulin, urine testing materials, syringes
and | 18 | | needles used by diabetics. | 19 | | Beginning January 1, 1990, each month the Department shall | 20 | | pay into
the County and Mass Transit District Fund 4% of the | 21 | | revenue realized
for the preceding month from the 6.25% general | 22 | | rate. | 23 | | Beginning August 1, 2000, each
month the Department shall | 24 | | pay into the
County and Mass Transit District Fund 20% of the | 25 | | net revenue realized for the
preceding month from the 1.25% | 26 | | rate on the selling price of motor fuel and
gasohol. |
| | | 09800HB5072ham001 | - 50 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Beginning January 1, 1990, each month the Department shall | 2 | | pay into
the Local Government Tax Fund 16% of the revenue | 3 | | realized for the
preceding month from the 6.25% general rate on | 4 | | transfers of
tangible personal property. | 5 | | Beginning August 1, 2000, each
month the Department shall | 6 | | pay into the
Local Government Tax Fund 80% of the net revenue | 7 | | realized for the preceding
month from the 1.25% rate on the | 8 | | selling price of motor fuel and gasohol. | 9 | | Beginning October 1, 2009, each month the Department shall | 10 | | pay into the Capital Projects Fund an amount that is equal to | 11 | | an amount estimated by the Department to represent 80% of the | 12 | | net revenue realized for the preceding month from the sale of | 13 | | candy, grooming and hygiene products, and soft drinks that had | 14 | | been taxed at a rate of 1% prior to September 1, 2009 but that | 15 | | are is now taxed at 6.25%. | 16 | | Beginning July 1, 2013, each month the Department shall pay | 17 | | into the Underground Storage Tank Fund from the proceeds | 18 | | collected under this Act, the Use Tax Act, the Service Use Tax | 19 | | Act, and the Retailers' Occupation Tax Act an amount equal to | 20 | | the average monthly deficit in the Underground Storage Tank | 21 | | Fund during the prior year, as certified annually by the | 22 | | Illinois Environmental Protection Agency, but the total | 23 | | payment into the Underground Storage Tank Fund under this Act, | 24 | | the Use Tax Act, the Service Use Tax Act, and the Retailers' | 25 | | Occupation Tax Act shall not exceed $18,000,000 in any State | 26 | | fiscal year. As used in this paragraph, the "average monthly |
| | | 09800HB5072ham001 | - 51 - | LRB098 18505 HLH 57717 a |
|
| 1 | | deficit" shall be equal to the difference between the average | 2 | | monthly claims for payment by the fund and the average monthly | 3 | | revenues deposited into the fund, excluding payments made | 4 | | pursuant to this paragraph. | 5 | | Of the remainder of the moneys received by the Department | 6 | | pursuant to
this Act, (a) 1.75% thereof shall be paid into the | 7 | | Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on | 8 | | and after July 1, 1989, 3.8% thereof
shall be paid into the | 9 | | Build Illinois Fund; provided, however, that if in
any fiscal | 10 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
| 11 | | may be, of the moneys received by the Department and required | 12 | | to be paid
into the Build Illinois Fund pursuant to Section 3 | 13 | | of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax | 14 | | Act, Section 9 of the Service
Use Tax Act, and Section 9 of the | 15 | | Service Occupation Tax Act, such Acts
being hereinafter called | 16 | | the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case | 17 | | may be, of moneys being hereinafter called the "Tax Act
| 18 | | Amount", and (2) the amount transferred to the Build Illinois | 19 | | Fund from the
State and Local Sales Tax Reform Fund shall be | 20 | | less than the Annual
Specified Amount (as defined in Section 3 | 21 | | of the Retailers' Occupation Tax
Act), an amount equal to the | 22 | | difference shall be immediately paid into the
Build Illinois | 23 | | Fund from other moneys received by the Department pursuant
to | 24 | | the Tax Acts; and further provided, that if on the last | 25 | | business day of
any month the sum of (1) the Tax Act Amount | 26 | | required to be deposited into
the Build Illinois Account in the |
| | | 09800HB5072ham001 | - 52 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Build Illinois Fund during such month and
(2) the amount | 2 | | transferred during such month to the Build Illinois Fund
from | 3 | | the State and Local Sales Tax Reform Fund shall have been less | 4 | | than
1/12 of the Annual Specified Amount, an amount equal to | 5 | | the difference
shall be immediately paid into the Build | 6 | | Illinois Fund from other moneys
received by the Department | 7 | | pursuant to the Tax Acts; and, further provided,
that in no | 8 | | event shall the payments required under the preceding proviso
| 9 | | result in aggregate payments into the Build Illinois Fund | 10 | | pursuant to this
clause (b) for any fiscal year in excess of | 11 | | the greater of (i) the Tax Act
Amount or (ii) the Annual | 12 | | Specified Amount for such fiscal year; and,
further provided, | 13 | | that the amounts payable into the Build Illinois Fund
under | 14 | | this clause (b) shall be payable only until such time as the
| 15 | | aggregate amount on deposit under each trust indenture securing | 16 | | Bonds
issued and outstanding pursuant to the Build Illinois | 17 | | Bond Act is
sufficient, taking into account any future | 18 | | investment income, to fully
provide, in accordance with such | 19 | | indenture, for the defeasance of or the
payment of the | 20 | | principal of, premium, if any, and interest on the Bonds
| 21 | | secured by such indenture and on any Bonds expected to be | 22 | | issued thereafter
and all fees and costs payable with respect | 23 | | thereto, all as certified by
the Director of the
Bureau of the | 24 | | Budget (now Governor's Office of Management and Budget). If
on | 25 | | the last business day of
any month in which Bonds are | 26 | | outstanding pursuant to the Build Illinois
Bond Act, the |
| | | 09800HB5072ham001 | - 53 - | LRB098 18505 HLH 57717 a |
|
| 1 | | aggregate of the moneys deposited
in the Build Illinois Bond | 2 | | Account in the Build Illinois Fund in such month
shall be less | 3 | | than the amount required to be transferred in such month from
| 4 | | the Build Illinois Bond Account to the Build Illinois Bond | 5 | | Retirement and
Interest Fund pursuant to Section 13 of the | 6 | | Build Illinois Bond Act, an
amount equal to such deficiency | 7 | | shall be immediately paid
from other moneys received by the | 8 | | Department pursuant to the Tax Acts
to the Build Illinois Fund; | 9 | | provided, however, that any amounts paid to the
Build Illinois | 10 | | Fund in any fiscal year pursuant to this sentence shall be
| 11 | | deemed to constitute payments pursuant to clause (b) of the | 12 | | preceding
sentence and shall reduce the amount otherwise | 13 | | payable for such fiscal year
pursuant to clause (b) of the | 14 | | preceding sentence. The moneys received by
the Department | 15 | | pursuant to this Act and required to be deposited into the
| 16 | | Build Illinois Fund are subject to the pledge, claim and charge | 17 | | set forth
in Section 12 of the Build Illinois Bond Act. | 18 | | Subject to payment of amounts into the Build Illinois Fund | 19 | | as provided in
the preceding paragraph or in any amendment | 20 | | thereto hereafter enacted, the
following specified monthly | 21 | | installment of the amount requested in the
certificate of the | 22 | | Chairman of the Metropolitan Pier and Exposition
Authority | 23 | | provided under Section 8.25f of the State Finance Act, but not | 24 | | in
excess of the sums designated as "Total Deposit", shall be | 25 | | deposited in the
aggregate from collections under Section 9 of | 26 | | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section |
| | | 09800HB5072ham001 | - 54 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 9 of the Service Occupation Tax Act, and
Section 3 of the | 2 | | Retailers' Occupation Tax Act into the McCormick Place
| 3 | | Expansion Project Fund in the specified fiscal years. | |
4 | | Fiscal Year | | Total Deposit | |
5 | | 1993 | | $0 | |
6 | | 1994 | | 53,000,000 | |
7 | | 1995 | | 58,000,000 | |
8 | | 1996 | | 61,000,000 | |
9 | | 1997 | | 64,000,000 | |
10 | | 1998 | | 68,000,000 | |
11 | | 1999 | | 71,000,000 | |
12 | | 2000 | | 75,000,000 | |
13 | | 2001 | | 80,000,000 | |
14 | | 2002 | | 93,000,000 | |
15 | | 2003 | | 99,000,000 | |
16 | | 2004 | | 103,000,000 | |
17 | | 2005 | | 108,000,000 | |
18 | | 2006 | | 113,000,000 | |
19 | | 2007 | | 119,000,000 | |
20 | | 2008 | | 126,000,000 | |
21 | | 2009 | | 132,000,000 | |
22 | | 2010 | | 139,000,000 | |
23 | | 2011 | | 146,000,000 | |
24 | | 2012 | | 153,000,000 | |
25 | | 2013 | | 161,000,000 | |
|
| | | 09800HB5072ham001 | - 55 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 2014 | | 170,000,000 | |
2 | | 2015 | | 179,000,000 | |
3 | | 2016 | | 189,000,000 | |
4 | | 2017 | | 199,000,000 | |
5 | | 2018 | | 210,000,000 | |
6 | | 2019 | | 221,000,000 | |
7 | | 2020 | | 233,000,000 | |
8 | | 2021 | | 246,000,000 | |
9 | | 2022 | | 260,000,000 | |
10 | | 2023 | | 275,000,000 | |
11 | | 2024 | | 275,000,000 | |
12 | | 2025 | | 275,000,000 | |
13 | | 2026 | | 279,000,000 | |
14 | | 2027 | | 292,000,000 | |
15 | | 2028 | | 307,000,000 | |
16 | | 2029 | | 322,000,000 | |
17 | | 2030 | | 338,000,000 | |
18 | | 2031 | | 350,000,000 | |
19 | | 2032 | | 350,000,000 | |
20 | | and | | |
|
21 | | each fiscal year | | |
|
22 | | thereafter that bonds | | |
|
23 | | are outstanding under | | |
|
24 | | Section 13.2 of the | | |
|
25 | | Metropolitan Pier and | | |
|
26 | | Exposition Authority Act, | | |
|
|
| | | 09800HB5072ham001 | - 56 - | LRB098 18505 HLH 57717 a |
|
| 1 | | but not after fiscal year 2060. | | |
| 2 | | Beginning July 20, 1993 and in each month of each fiscal | 3 | | year thereafter,
one-eighth of the amount requested in the | 4 | | certificate of the Chairman of
the Metropolitan Pier and | 5 | | Exposition Authority for that fiscal year, less
the amount | 6 | | deposited into the McCormick Place Expansion Project Fund by | 7 | | the
State Treasurer in the respective month under subsection | 8 | | (g) of Section 13
of the Metropolitan Pier and Exposition | 9 | | Authority Act, plus cumulative
deficiencies in the deposits | 10 | | required under this Section for previous
months and years, | 11 | | shall be deposited into the McCormick Place Expansion
Project | 12 | | Fund, until the full amount requested for the fiscal year, but | 13 | | not
in excess of the amount specified above as "Total Deposit", | 14 | | has been deposited. | 15 | | Subject to payment of amounts into the Build Illinois Fund | 16 | | and the
McCormick
Place Expansion Project Fund
pursuant to the | 17 | | preceding paragraphs or in any amendments thereto hereafter
| 18 | | enacted, beginning July 1, 1993 and ending on September 30, | 19 | | 2013, the Department shall each month pay into the
Illinois Tax | 20 | | Increment Fund 0.27% of 80% of the net revenue realized for the
| 21 | | preceding month from the 6.25% general rate on the selling | 22 | | price of tangible
personal property. | 23 | | Subject to payment of amounts into the Build Illinois Fund | 24 | | and the
McCormick Place Expansion Project Fund pursuant to the | 25 | | preceding paragraphs or in any
amendments thereto hereafter | 26 | | enacted, beginning with the receipt of the first
report of |
| | | 09800HB5072ham001 | - 57 - | LRB098 18505 HLH 57717 a |
|
| 1 | | taxes paid by an eligible business and continuing for a 25-year
| 2 | | period, the Department shall each month pay into the Energy | 3 | | Infrastructure
Fund 80% of the net revenue realized from the | 4 | | 6.25% general rate on the
selling price of Illinois-mined coal | 5 | | that was sold to an eligible business.
For purposes of this | 6 | | paragraph, the term "eligible business" means a new
electric | 7 | | generating facility certified pursuant to Section 605-332 of | 8 | | the
Department of Commerce and
Economic Opportunity Law of the | 9 | | Civil Administrative
Code of Illinois. | 10 | | Of the remainder of the moneys received by the Department | 11 | | pursuant to this
Act, 75% shall be paid into the General | 12 | | Revenue Fund of the State Treasury and 25% shall be reserved in | 13 | | a special account and used only for the transfer to the Common | 14 | | School Fund as part of the monthly transfer from the General | 15 | | Revenue Fund in accordance with Section 8a of the State Finance | 16 | | Act. | 17 | | The Department may, upon separate written notice to a | 18 | | taxpayer,
require the taxpayer to prepare and file with the | 19 | | Department on a form
prescribed by the Department within not | 20 | | less than 60 days after receipt
of the notice an annual | 21 | | information return for the tax year specified in
the notice. | 22 | | Such annual return to the Department shall include a
statement | 23 | | of gross receipts as shown by the taxpayer's last Federal | 24 | | income
tax return. If the total receipts of the business as | 25 | | reported in the
Federal income tax return do not agree with the | 26 | | gross receipts reported to
the Department of Revenue for the |
| | | 09800HB5072ham001 | - 58 - | LRB098 18505 HLH 57717 a |
|
| 1 | | same period, the taxpayer shall attach
to his annual return a | 2 | | schedule showing a reconciliation of the 2
amounts and the | 3 | | reasons for the difference. The taxpayer's annual
return to the | 4 | | Department shall also disclose the cost of goods sold by
the | 5 | | taxpayer during the year covered by such return, opening and | 6 | | closing
inventories of such goods for such year, cost of goods | 7 | | used from stock
or taken from stock and given away by the | 8 | | taxpayer during such year, pay
roll information of the | 9 | | taxpayer's business during such year and any
additional | 10 | | reasonable information which the Department deems would be
| 11 | | helpful in determining the accuracy of the monthly, quarterly | 12 | | or annual
returns filed by such taxpayer as hereinbefore | 13 | | provided for in this
Section. | 14 | | If the annual information return required by this Section | 15 | | is not
filed when and as required, the taxpayer shall be liable | 16 | | as follows: | 17 | | (i) Until January 1, 1994, the taxpayer shall be liable
| 18 | | for a penalty equal to 1/6 of 1% of the tax due from such | 19 | | taxpayer
under this Act during the period to be covered by | 20 | | the annual return
for each month or fraction of a month | 21 | | until such return is filed as
required, the penalty to be | 22 | | assessed and collected in the same manner
as any other | 23 | | penalty provided for in this Act. | 24 | | (ii) On and after January 1, 1994, the taxpayer shall | 25 | | be liable for a
penalty as described in Section 3-4 of the | 26 | | Uniform Penalty and Interest Act. |
| | | 09800HB5072ham001 | - 59 - | LRB098 18505 HLH 57717 a |
|
| 1 | | The chief executive officer, proprietor, owner or highest | 2 | | ranking
manager shall sign the annual return to certify the | 3 | | accuracy of the
information contained therein. Any person who | 4 | | willfully signs the
annual return containing false or | 5 | | inaccurate information shall be guilty
of perjury and punished | 6 | | accordingly. The annual return form prescribed
by the | 7 | | Department shall include a warning that the person signing the
| 8 | | return may be liable for perjury. | 9 | | The foregoing portion of this Section concerning the filing | 10 | | of an
annual information return shall not apply to a serviceman | 11 | | who is not
required to file an income tax return with the | 12 | | United States Government. | 13 | | As soon as possible after the first day of each month, upon | 14 | | certification
of the Department of Revenue, the Comptroller | 15 | | shall order transferred and
the Treasurer shall transfer from | 16 | | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 17 | | equal to 1.7% of 80% of the net revenue realized
under this Act | 18 | | for the second preceding month.
Beginning April 1, 2000, this | 19 | | transfer is no longer required
and shall not be made. | 20 | | Net revenue realized for a month shall be the revenue | 21 | | collected by the State
pursuant to this Act, less the amount | 22 | | paid out during that month as
refunds to taxpayers for | 23 | | overpayment of liability. | 24 | | For greater simplicity of administration, it shall be | 25 | | permissible for
manufacturers, importers and wholesalers whose | 26 | | products are sold by numerous
servicemen in Illinois, and who |
| | | 09800HB5072ham001 | - 60 - | LRB098 18505 HLH 57717 a |
|
| 1 | | wish to do so, to
assume the responsibility for accounting and | 2 | | paying to the Department
all tax accruing under this Act with | 3 | | respect to such sales, if the
servicemen who are affected do | 4 | | not make written objection to the
Department to this | 5 | | arrangement. | 6 | | (Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13; | 7 | | 98-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.) | 8 | | Section 20. The Retailers' Occupation Tax Act is amended by | 9 | | changing Section 3 as follows:
| 10 | | (35 ILCS 120/3) (from Ch. 120, par. 442)
| 11 | | Sec. 3. Except as provided in this Section, on or before | 12 | | the twentieth
day of each calendar month, every person engaged | 13 | | in the business of
selling tangible personal property at retail | 14 | | in this State during the
preceding calendar month shall file a | 15 | | return with the Department, stating: | 16 | | 1. The name of the seller; | 17 | | 2. His residence address and the address of his | 18 | | principal place of
business and the address of the | 19 | | principal place of business (if that is
a different | 20 | | address) from which he engages in the business of selling
| 21 | | tangible personal property at retail in this State; | 22 | | 3. Total amount of receipts received by him during the | 23 | | preceding
calendar month or quarter, as the case may be, | 24 | | from sales of tangible
personal property, and from services |
| | | 09800HB5072ham001 | - 61 - | LRB098 18505 HLH 57717 a |
|
| 1 | | furnished, by him during such
preceding calendar month or | 2 | | quarter; | 3 | | 4. Total amount received by him during the preceding | 4 | | calendar month or
quarter on charge and time sales of | 5 | | tangible personal property, and from
services furnished, | 6 | | by him prior to the month or quarter for which the return
| 7 | | is filed; | 8 | | 5. Deductions allowed by law; | 9 | | 6. Gross receipts which were received by him during the | 10 | | preceding
calendar month or quarter and upon the basis of | 11 | | which the tax is imposed; | 12 | | 7. The amount of credit provided in Section 2d of this | 13 | | Act; | 14 | | 8. The amount of tax due; | 15 | | 9. The signature of the taxpayer; and | 16 | | 10. Such other reasonable information as the | 17 | | Department may require. | 18 | | If a taxpayer fails to sign a return within 30 days after | 19 | | the proper notice
and demand for signature by the Department, | 20 | | the return shall be considered
valid and any amount shown to be | 21 | | due on the return shall be deemed assessed. | 22 | | Each return shall be accompanied by the statement of | 23 | | prepaid tax issued
pursuant to Section 2e for which credit is | 24 | | claimed. | 25 | | Prior to October 1, 2003, and on and after September 1, | 26 | | 2004 a retailer may accept a Manufacturer's Purchase
Credit
|
| | | 09800HB5072ham001 | - 62 - | LRB098 18505 HLH 57717 a |
|
| 1 | | certification from a purchaser in satisfaction of Use Tax
as | 2 | | provided in Section 3-85 of the Use Tax Act if the purchaser | 3 | | provides the
appropriate documentation as required by Section | 4 | | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| 5 | | certification, accepted by a retailer prior to October 1, 2003 | 6 | | and on and after September 1, 2004 as provided
in
Section 3-85 | 7 | | of the Use Tax Act, may be used by that retailer to
satisfy | 8 | | Retailers' Occupation Tax liability in the amount claimed in
| 9 | | the certification, not to exceed 6.25% of the receipts
subject | 10 | | to tax from a qualifying purchase. A Manufacturer's Purchase | 11 | | Credit
reported on any original or amended return
filed under
| 12 | | this Act after October 20, 2003 for reporting periods prior to | 13 | | September 1, 2004 shall be disallowed. Manufacturer's | 14 | | Purchaser Credit reported on annual returns due on or after | 15 | | January 1, 2005 will be disallowed for periods prior to | 16 | | September 1, 2004. No Manufacturer's
Purchase Credit may be | 17 | | used after September 30, 2003 through August 31, 2004 to
| 18 | | satisfy any
tax liability imposed under this Act, including any | 19 | | audit liability. | 20 | | The Department may require returns to be filed on a | 21 | | quarterly basis.
If so required, a return for each calendar | 22 | | quarter shall be filed on or
before the twentieth day of the | 23 | | calendar month following the end of such
calendar quarter. The | 24 | | taxpayer shall also file a return with the
Department for each | 25 | | of the first two months of each calendar quarter, on or
before | 26 | | the twentieth day of the following calendar month, stating: |
| | | 09800HB5072ham001 | - 63 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 1. The name of the seller; | 2 | | 2. The address of the principal place of business from | 3 | | which he engages
in the business of selling tangible | 4 | | personal property at retail in this State; | 5 | | 3. The total amount of taxable receipts received by him | 6 | | during the
preceding calendar month from sales of tangible | 7 | | personal property by him
during such preceding calendar | 8 | | month, including receipts from charge and
time sales, but | 9 | | less all deductions allowed by law; | 10 | | 4. The amount of credit provided in Section 2d of this | 11 | | Act; | 12 | | 5. The amount of tax due; and | 13 | | 6. Such other reasonable information as the Department | 14 | | may
require. | 15 | | Beginning on October 1, 2003, any person who is not a | 16 | | licensed
distributor, importing distributor, or manufacturer, | 17 | | as defined in the Liquor
Control Act of 1934, but is engaged in | 18 | | the business of
selling, at retail, alcoholic liquor
shall file | 19 | | a statement with the Department of Revenue, in a format
and at | 20 | | a time prescribed by the Department, showing the total amount | 21 | | paid for
alcoholic liquor purchased during the preceding month | 22 | | and such other
information as is reasonably required by the | 23 | | Department.
The Department may adopt rules to require
that this | 24 | | statement be filed in an electronic or telephonic format. Such | 25 | | rules
may provide for exceptions from the filing requirements | 26 | | of this paragraph. For
the
purposes of this
paragraph, the term |
| | | 09800HB5072ham001 | - 64 - | LRB098 18505 HLH 57717 a |
|
| 1 | | "alcoholic liquor" shall have the meaning prescribed in the
| 2 | | Liquor Control Act of 1934. | 3 | | Beginning on October 1, 2003, every distributor, importing | 4 | | distributor, and
manufacturer of alcoholic liquor as defined in | 5 | | the Liquor Control Act of 1934,
shall file a
statement with the | 6 | | Department of Revenue, no later than the 10th day of the
month | 7 | | for the
preceding month during which transactions occurred, by | 8 | | electronic means,
showing the
total amount of gross receipts | 9 | | from the sale of alcoholic liquor sold or
distributed during
| 10 | | the preceding month to purchasers; identifying the purchaser to | 11 | | whom it was
sold or
distributed; the purchaser's tax | 12 | | registration number; and such other
information
reasonably | 13 | | required by the Department. A distributor, importing | 14 | | distributor, or manufacturer of alcoholic liquor must | 15 | | personally deliver, mail, or provide by electronic means to | 16 | | each retailer listed on the monthly statement a report | 17 | | containing a cumulative total of that distributor's, importing | 18 | | distributor's, or manufacturer's total sales of alcoholic | 19 | | liquor to that retailer no later than the 10th day of the month | 20 | | for the preceding month during which the transaction occurred. | 21 | | The distributor, importing distributor, or manufacturer shall | 22 | | notify the retailer as to the method by which the distributor, | 23 | | importing distributor, or manufacturer will provide the sales | 24 | | information. If the retailer is unable to receive the sales | 25 | | information by electronic means, the distributor, importing | 26 | | distributor, or manufacturer shall furnish the sales |
| | | 09800HB5072ham001 | - 65 - | LRB098 18505 HLH 57717 a |
|
| 1 | | information by personal delivery or by mail. For purposes of | 2 | | this paragraph, the term "electronic means" includes, but is | 3 | | not limited to, the use of a secure Internet website, e-mail, | 4 | | or facsimile. | 5 | | If a total amount of less than $1 is payable, refundable or | 6 | | creditable,
such amount shall be disregarded if it is less than | 7 | | 50 cents and shall be
increased to $1 if it is 50 cents or more. | 8 | | Beginning October 1, 1993,
a taxpayer who has an average | 9 | | monthly tax liability of $150,000 or more shall
make all | 10 | | payments required by rules of the
Department by electronic | 11 | | funds transfer. Beginning October 1, 1994, a taxpayer
who has | 12 | | an average monthly tax liability of $100,000 or more shall make | 13 | | all
payments required by rules of the Department by electronic | 14 | | funds transfer.
Beginning October 1, 1995, a taxpayer who has | 15 | | an average monthly tax liability
of $50,000 or more shall make | 16 | | all
payments required by rules of the Department by electronic | 17 | | funds transfer.
Beginning October 1, 2000, a taxpayer who has | 18 | | an annual tax liability of
$200,000 or more shall make all | 19 | | payments required by rules of the Department by
electronic | 20 | | funds transfer. The term "annual tax liability" shall be the | 21 | | sum of
the taxpayer's liabilities under this Act, and under all | 22 | | other State and local
occupation and use tax laws administered | 23 | | by the Department, for the immediately
preceding calendar year.
| 24 | | The term "average monthly tax liability" shall be the sum of | 25 | | the
taxpayer's liabilities under this
Act, and under all other | 26 | | State and local occupation and use tax
laws administered by the |
| | | 09800HB5072ham001 | - 66 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Department, for the immediately preceding calendar
year | 2 | | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 3 | | a tax liability in the
amount set forth in subsection (b) of | 4 | | Section 2505-210 of the Department of
Revenue Law shall make | 5 | | all payments required by rules of the Department by
electronic | 6 | | funds transfer. | 7 | | Before August 1 of each year beginning in 1993, the | 8 | | Department shall
notify all taxpayers required to make payments | 9 | | by electronic funds
transfer. All taxpayers
required to make | 10 | | payments by electronic funds transfer shall make those
payments | 11 | | for
a minimum of one year beginning on October 1. | 12 | | Any taxpayer not required to make payments by electronic | 13 | | funds transfer may
make payments by electronic funds transfer | 14 | | with
the permission of the Department. | 15 | | All taxpayers required to make payment by electronic funds | 16 | | transfer and
any taxpayers authorized to voluntarily make | 17 | | payments by electronic funds
transfer shall make those payments | 18 | | in the manner authorized by the Department. | 19 | | The Department shall adopt such rules as are necessary to | 20 | | effectuate a
program of electronic funds transfer and the | 21 | | requirements of this Section. | 22 | | Any amount which is required to be shown or reported on any | 23 | | return or
other document under this Act shall, if such amount | 24 | | is not a whole-dollar
amount, be increased to the nearest | 25 | | whole-dollar amount in any case where
the fractional part of a | 26 | | dollar is 50 cents or more, and decreased to the
nearest |
| | | 09800HB5072ham001 | - 67 - | LRB098 18505 HLH 57717 a |
|
| 1 | | whole-dollar amount where the fractional part of a dollar is | 2 | | less
than 50 cents. | 3 | | If the retailer is otherwise required to file a monthly | 4 | | return and if the
retailer's average monthly tax liability to | 5 | | the Department does not exceed
$200, the Department may | 6 | | authorize his returns to be filed on a quarter
annual basis, | 7 | | with the return for January, February and March of a given
year | 8 | | being due by April 20 of such year; with the return for April, | 9 | | May and
June of a given year being due by July 20 of such year; | 10 | | with the return for
July, August and September of a given year | 11 | | being due by October 20 of such
year, and with the return for | 12 | | October, November and December of a given
year being due by | 13 | | January 20 of the following year. | 14 | | If the retailer is otherwise required to file a monthly or | 15 | | quarterly
return and if the retailer's average monthly tax | 16 | | liability with the
Department does not exceed $50, the | 17 | | Department may authorize his returns to
be filed on an annual | 18 | | basis, with the return for a given year being due by
January 20 | 19 | | of the following year. | 20 | | Such quarter annual and annual returns, as to form and | 21 | | substance,
shall be subject to the same requirements as monthly | 22 | | returns. | 23 | | Notwithstanding any other provision in this Act concerning | 24 | | the time
within which a retailer may file his return, in the | 25 | | case of any retailer
who ceases to engage in a kind of business | 26 | | which makes him responsible
for filing returns under this Act, |
| | | 09800HB5072ham001 | - 68 - | LRB098 18505 HLH 57717 a |
|
| 1 | | such retailer shall file a final
return under this Act with the | 2 | | Department not more than one month after
discontinuing such | 3 | | business. | 4 | | Where the same person has more than one business registered | 5 | | with the
Department under separate registrations under this | 6 | | Act, such person may
not file each return that is due as a | 7 | | single return covering all such
registered businesses, but | 8 | | shall file separate returns for each such
registered business. | 9 | | In addition, with respect to motor vehicles, watercraft,
| 10 | | aircraft, and trailers that are required to be registered with | 11 | | an agency of
this State, every
retailer selling this kind of | 12 | | tangible personal property shall file,
with the Department, | 13 | | upon a form to be prescribed and supplied by the
Department, a | 14 | | separate return for each such item of tangible personal
| 15 | | property which the retailer sells, except that if, in the same
| 16 | | transaction, (i) a retailer of aircraft, watercraft, motor | 17 | | vehicles or
trailers transfers more than one aircraft, | 18 | | watercraft, motor
vehicle or trailer to another aircraft, | 19 | | watercraft, motor vehicle
retailer or trailer retailer for the | 20 | | purpose of resale
or (ii) a retailer of aircraft, watercraft, | 21 | | motor vehicles, or trailers
transfers more than one aircraft, | 22 | | watercraft, motor vehicle, or trailer to a
purchaser for use as | 23 | | a qualifying rolling stock as provided in Section 2-5 of
this | 24 | | Act, then
that seller may report the transfer of all aircraft,
| 25 | | watercraft, motor vehicles or trailers involved in that | 26 | | transaction to the
Department on the same uniform |
| | | 09800HB5072ham001 | - 69 - | LRB098 18505 HLH 57717 a |
|
| 1 | | invoice-transaction reporting return form. For
purposes of | 2 | | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| 3 | | watercraft as defined in Section 3-2 of the Boat Registration | 4 | | and Safety Act, a
personal watercraft, or any boat equipped | 5 | | with an inboard motor. | 6 | | Any retailer who sells only motor vehicles, watercraft,
| 7 | | aircraft, or trailers that are required to be registered with | 8 | | an agency of
this State, so that all
retailers' occupation tax | 9 | | liability is required to be reported, and is
reported, on such | 10 | | transaction reporting returns and who is not otherwise
required | 11 | | to file monthly or quarterly returns, need not file monthly or
| 12 | | quarterly returns. However, those retailers shall be required | 13 | | to
file returns on an annual basis. | 14 | | The transaction reporting return, in the case of motor | 15 | | vehicles
or trailers that are required to be registered with an | 16 | | agency of this
State, shall
be the same document as the Uniform | 17 | | Invoice referred to in Section 5-402
of The Illinois Vehicle | 18 | | Code and must show the name and address of the
seller; the name | 19 | | and address of the purchaser; the amount of the selling
price | 20 | | including the amount allowed by the retailer for traded-in
| 21 | | property, if any; the amount allowed by the retailer for the | 22 | | traded-in
tangible personal property, if any, to the extent to | 23 | | which Section 1 of
this Act allows an exemption for the value | 24 | | of traded-in property; the
balance payable after deducting such | 25 | | trade-in allowance from the total
selling price; the amount of | 26 | | tax due from the retailer with respect to
such transaction; the |
| | | 09800HB5072ham001 | - 70 - | LRB098 18505 HLH 57717 a |
|
| 1 | | amount of tax collected from the purchaser by the
retailer on | 2 | | such transaction (or satisfactory evidence that such tax is
not | 3 | | due in that particular instance, if that is claimed to be the | 4 | | fact);
the place and date of the sale; a sufficient | 5 | | identification of the
property sold; such other information as | 6 | | is required in Section 5-402 of
The Illinois Vehicle Code, and | 7 | | such other information as the Department
may reasonably | 8 | | require. | 9 | | The transaction reporting return in the case of watercraft
| 10 | | or aircraft must show
the name and address of the seller; the | 11 | | name and address of the
purchaser; the amount of the selling | 12 | | price including the amount allowed
by the retailer for | 13 | | traded-in property, if any; the amount allowed by
the retailer | 14 | | for the traded-in tangible personal property, if any, to
the | 15 | | extent to which Section 1 of this Act allows an exemption for | 16 | | the
value of traded-in property; the balance payable after | 17 | | deducting such
trade-in allowance from the total selling price; | 18 | | the amount of tax due
from the retailer with respect to such | 19 | | transaction; the amount of tax
collected from the purchaser by | 20 | | the retailer on such transaction (or
satisfactory evidence that | 21 | | such tax is not due in that particular
instance, if that is | 22 | | claimed to be the fact); the place and date of the
sale, a | 23 | | sufficient identification of the property sold, and such other
| 24 | | information as the Department may reasonably require. | 25 | | Such transaction reporting return shall be filed not later | 26 | | than 20
days after the day of delivery of the item that is |
| | | 09800HB5072ham001 | - 71 - | LRB098 18505 HLH 57717 a |
|
| 1 | | being sold, but may
be filed by the retailer at any time sooner | 2 | | than that if he chooses to
do so. The transaction reporting | 3 | | return and tax remittance or proof of
exemption from the | 4 | | Illinois use tax may be transmitted to the Department
by way of | 5 | | the State agency with which, or State officer with whom the
| 6 | | tangible personal property must be titled or registered (if | 7 | | titling or
registration is required) if the Department and such | 8 | | agency or State
officer determine that this procedure will | 9 | | expedite the processing of
applications for title or | 10 | | registration. | 11 | | With each such transaction reporting return, the retailer | 12 | | shall remit
the proper amount of tax due (or shall submit | 13 | | satisfactory evidence that
the sale is not taxable if that is | 14 | | the case), to the Department or its
agents, whereupon the | 15 | | Department shall issue, in the purchaser's name, a
use tax | 16 | | receipt (or a certificate of exemption if the Department is
| 17 | | satisfied that the particular sale is tax exempt) which such | 18 | | purchaser
may submit to the agency with which, or State officer | 19 | | with whom, he must
title or register the tangible personal | 20 | | property that is involved (if
titling or registration is | 21 | | required) in support of such purchaser's
application for an | 22 | | Illinois certificate or other evidence of title or
registration | 23 | | to such tangible personal property. | 24 | | No retailer's failure or refusal to remit tax under this | 25 | | Act
precludes a user, who has paid the proper tax to the | 26 | | retailer, from
obtaining his certificate of title or other |
| | | 09800HB5072ham001 | - 72 - | LRB098 18505 HLH 57717 a |
|
| 1 | | evidence of title or
registration (if titling or registration | 2 | | is required) upon satisfying
the Department that such user has | 3 | | paid the proper tax (if tax is due) to
the retailer. The | 4 | | Department shall adopt appropriate rules to carry out
the | 5 | | mandate of this paragraph. | 6 | | If the user who would otherwise pay tax to the retailer | 7 | | wants the
transaction reporting return filed and the payment of | 8 | | the tax or proof
of exemption made to the Department before the | 9 | | retailer is willing to
take these actions and such user has not | 10 | | paid the tax to the retailer,
such user may certify to the fact | 11 | | of such delay by the retailer and may
(upon the Department | 12 | | being satisfied of the truth of such certification)
transmit | 13 | | the information required by the transaction reporting return
| 14 | | and the remittance for tax or proof of exemption directly to | 15 | | the
Department and obtain his tax receipt or exemption | 16 | | determination, in
which event the transaction reporting return | 17 | | and tax remittance (if a
tax payment was required) shall be | 18 | | credited by the Department to the
proper retailer's account | 19 | | with the Department, but without the 2.1% or 1.75%
discount | 20 | | provided for in this Section being allowed. When the user pays
| 21 | | the tax directly to the Department, he shall pay the tax in the | 22 | | same
amount and in the same form in which it would be remitted | 23 | | if the tax had
been remitted to the Department by the retailer. | 24 | | Refunds made by the seller during the preceding return | 25 | | period to
purchasers, on account of tangible personal property | 26 | | returned to the
seller, shall be allowed as a deduction under |
| | | 09800HB5072ham001 | - 73 - | LRB098 18505 HLH 57717 a |
|
| 1 | | subdivision 5 of his monthly
or quarterly return, as the case | 2 | | may be, in case the
seller had theretofore included the | 3 | | receipts from the sale of such
tangible personal property in a | 4 | | return filed by him and had paid the tax
imposed by this Act | 5 | | with respect to such receipts. | 6 | | Where the seller is a corporation, the return filed on | 7 | | behalf of such
corporation shall be signed by the president, | 8 | | vice-president, secretary
or treasurer or by the properly | 9 | | accredited agent of such corporation. | 10 | | Where the seller is a limited liability company, the return | 11 | | filed on behalf
of the limited liability company shall be | 12 | | signed by a manager, member, or
properly accredited agent of | 13 | | the limited liability company. | 14 | | Except as provided in this Section, the retailer filing the | 15 | | return
under this Section shall, at the time of filing such | 16 | | return, pay to the
Department the amount of tax imposed by this | 17 | | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | 18 | | on and after January 1, 1990, or $5 per
calendar year, | 19 | | whichever is greater, which is allowed to
reimburse the | 20 | | retailer for the expenses incurred in keeping records,
| 21 | | preparing and filing returns, remitting the tax and supplying | 22 | | data to
the Department on request. Any prepayment made pursuant | 23 | | to Section 2d
of this Act shall be included in the amount on | 24 | | which such
2.1% or 1.75% discount is computed. In the case of | 25 | | retailers who report
and pay the tax on a transaction by | 26 | | transaction basis, as provided in this
Section, such discount |
| | | 09800HB5072ham001 | - 74 - | LRB098 18505 HLH 57717 a |
|
| 1 | | shall be taken with each such tax remittance
instead of when | 2 | | such retailer files his periodic return. The Department may | 3 | | disallow the discount for retailers whose certificate of | 4 | | registration is revoked at the time the return is filed, but | 5 | | only if the Department's decision to revoke the certificate of | 6 | | registration has become final. | 7 | | Before October 1, 2000, if the taxpayer's average monthly | 8 | | tax liability
to the Department
under this Act, the Use Tax | 9 | | Act, the Service Occupation Tax
Act, and the Service Use Tax | 10 | | Act, excluding any liability for prepaid sales
tax to be | 11 | | remitted in accordance with Section 2d of this Act, was
$10,000
| 12 | | or more during the preceding 4 complete calendar quarters, he | 13 | | shall file a
return with the Department each month by the 20th | 14 | | day of the month next
following the month during which such tax | 15 | | liability is incurred and shall
make payments to the Department | 16 | | on or before the 7th, 15th, 22nd and last
day of the month | 17 | | during which such liability is incurred.
On and after October | 18 | | 1, 2000, if the taxpayer's average monthly tax liability
to the | 19 | | Department under this Act, the Use Tax Act, the Service | 20 | | Occupation Tax
Act, and the Service Use Tax Act, excluding any | 21 | | liability for prepaid sales tax
to be remitted in accordance | 22 | | with Section 2d of this Act, was $20,000 or more
during the | 23 | | preceding 4 complete calendar quarters, he shall file a return | 24 | | with
the Department each month by the 20th day of the month | 25 | | next following the month
during which such tax liability is | 26 | | incurred and shall make payment to the
Department on or before |
| | | 09800HB5072ham001 | - 75 - | LRB098 18505 HLH 57717 a |
|
| 1 | | the 7th, 15th, 22nd and last day of the month during
which such | 2 | | liability is incurred.
If the month
during which such tax | 3 | | liability is incurred began prior to January 1, 1985,
each | 4 | | payment shall be in an amount equal to 1/4 of the taxpayer's | 5 | | actual
liability for the month or an amount set by the | 6 | | Department not to exceed
1/4 of the average monthly liability | 7 | | of the taxpayer to the Department for
the preceding 4 complete | 8 | | calendar quarters (excluding the month of highest
liability and | 9 | | the month of lowest liability in such 4 quarter period). If
the | 10 | | month during which such tax liability is incurred begins on or | 11 | | after
January 1, 1985 and prior to January 1, 1987, each | 12 | | payment shall be in an
amount equal to 22.5% of the taxpayer's | 13 | | actual liability for the month or
27.5% of the taxpayer's | 14 | | liability for the same calendar
month of the preceding year. If | 15 | | the month during which such tax
liability is incurred begins on | 16 | | or after January 1, 1987 and prior to
January 1, 1988, each | 17 | | payment shall be in an amount equal to 22.5% of the
taxpayer's | 18 | | actual liability for the month or 26.25% of the taxpayer's
| 19 | | liability for the same calendar month of the preceding year. If | 20 | | the month
during which such tax liability is incurred begins on | 21 | | or after January 1,
1988, and prior to January 1, 1989, or | 22 | | begins on or after January 1, 1996, each
payment shall be in an | 23 | | amount
equal to 22.5% of the taxpayer's actual liability for | 24 | | the month or 25% of
the taxpayer's liability for the same | 25 | | calendar month of the preceding year. If
the month during which | 26 | | such tax liability is incurred begins on or after
January 1, |
| | | 09800HB5072ham001 | - 76 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 1989, and prior to January 1, 1996, each payment shall be in an
| 2 | | amount equal to 22.5% of the
taxpayer's actual liability for | 3 | | the month or 25% of the taxpayer's
liability for the same | 4 | | calendar month of the preceding year or 100% of the
taxpayer's | 5 | | actual liability for the quarter monthly reporting period. The
| 6 | | amount of such quarter monthly payments shall be credited | 7 | | against
the final tax liability of the taxpayer's return for | 8 | | that month. Before
October 1, 2000, once
applicable, the | 9 | | requirement of the making of quarter monthly payments to
the | 10 | | Department by taxpayers having an average monthly tax liability | 11 | | of
$10,000 or more as determined in the manner provided above
| 12 | | shall continue
until such taxpayer's average monthly liability | 13 | | to the Department during
the preceding 4 complete calendar | 14 | | quarters (excluding the month of highest
liability and the | 15 | | month of lowest liability) is less than
$9,000, or until
such | 16 | | taxpayer's average monthly liability to the Department as | 17 | | computed for
each calendar quarter of the 4 preceding complete | 18 | | calendar quarter period
is less than $10,000. However, if a | 19 | | taxpayer can show the
Department that
a substantial change in | 20 | | the taxpayer's business has occurred which causes
the taxpayer | 21 | | to anticipate that his average monthly tax liability for the
| 22 | | reasonably foreseeable future will fall below the $10,000 | 23 | | threshold
stated above, then
such taxpayer
may petition the | 24 | | Department for a change in such taxpayer's reporting
status. On | 25 | | and after October 1, 2000, once applicable, the requirement of
| 26 | | the making of quarter monthly payments to the Department by |
| | | 09800HB5072ham001 | - 77 - | LRB098 18505 HLH 57717 a |
|
| 1 | | taxpayers having an
average monthly tax liability of $20,000 or | 2 | | more as determined in the manner
provided above shall continue | 3 | | until such taxpayer's average monthly liability
to the | 4 | | Department during the preceding 4 complete calendar quarters | 5 | | (excluding
the month of highest liability and the month of | 6 | | lowest liability) is less than
$19,000 or until such taxpayer's | 7 | | average monthly liability to the Department as
computed for | 8 | | each calendar quarter of the 4 preceding complete calendar | 9 | | quarter
period is less than $20,000. However, if a taxpayer can | 10 | | show the Department
that a substantial change in the taxpayer's | 11 | | business has occurred which causes
the taxpayer to anticipate | 12 | | that his average monthly tax liability for the
reasonably | 13 | | foreseeable future will fall below the $20,000 threshold stated
| 14 | | above, then such taxpayer may petition the Department for a | 15 | | change in such
taxpayer's reporting status. The Department | 16 | | shall change such taxpayer's
reporting status
unless it finds | 17 | | that such change is seasonal in nature and not likely to be
| 18 | | long term. If any such quarter monthly payment is not paid at | 19 | | the time or
in the amount required by this Section, then the | 20 | | taxpayer shall be liable for
penalties and interest on the | 21 | | difference
between the minimum amount due as a payment and the | 22 | | amount of such quarter
monthly payment actually and timely | 23 | | paid, except insofar as the
taxpayer has previously made | 24 | | payments for that month to the Department in
excess of the | 25 | | minimum payments previously due as provided in this Section.
| 26 | | The Department shall make reasonable rules and regulations to |
| | | 09800HB5072ham001 | - 78 - | LRB098 18505 HLH 57717 a |
|
| 1 | | govern the
quarter monthly payment amount and quarter monthly | 2 | | payment dates for
taxpayers who file on other than a calendar | 3 | | monthly basis. | 4 | | The provisions of this paragraph apply before October 1, | 5 | | 2001.
Without regard to whether a taxpayer is required to make | 6 | | quarter monthly
payments as specified above, any taxpayer who | 7 | | is required by Section 2d
of this Act to collect and remit | 8 | | prepaid taxes and has collected prepaid
taxes which average in | 9 | | excess of $25,000 per month during the preceding
2 complete | 10 | | calendar quarters, shall file a return with the Department as
| 11 | | required by Section 2f and shall make payments to the | 12 | | Department on or before
the 7th, 15th, 22nd and last day of the | 13 | | month during which such liability
is incurred. If the month | 14 | | during which such tax liability is incurred
began prior to the | 15 | | effective date of this amendatory Act of 1985, each
payment | 16 | | shall be in an amount not less than 22.5% of the taxpayer's | 17 | | actual
liability under Section 2d. If the month during which | 18 | | such tax liability
is incurred begins on or after January 1, | 19 | | 1986, each payment shall be in an
amount equal to 22.5% of the | 20 | | taxpayer's actual liability for the month or
27.5% of the | 21 | | taxpayer's liability for the same calendar month of the
| 22 | | preceding calendar year. If the month during which such tax | 23 | | liability is
incurred begins on or after January 1, 1987, each | 24 | | payment shall be in an
amount equal to 22.5% of the taxpayer's | 25 | | actual liability for the month or
26.25% of the taxpayer's | 26 | | liability for the same calendar month of the
preceding year. |
| | | 09800HB5072ham001 | - 79 - | LRB098 18505 HLH 57717 a |
|
| 1 | | The amount of such quarter monthly payments shall be
credited | 2 | | against the final tax liability of the taxpayer's return for | 3 | | that
month filed under this Section or Section 2f, as the case | 4 | | may be. Once
applicable, the requirement of the making of | 5 | | quarter monthly payments to
the Department pursuant to this | 6 | | paragraph shall continue until such
taxpayer's average monthly | 7 | | prepaid tax collections during the preceding 2
complete | 8 | | calendar quarters is $25,000 or less. If any such quarter | 9 | | monthly
payment is not paid at the time or in the amount | 10 | | required, the taxpayer
shall be liable for penalties and | 11 | | interest on such difference, except
insofar as the taxpayer has | 12 | | previously made payments for that month in
excess of the | 13 | | minimum payments previously due. | 14 | | The provisions of this paragraph apply on and after October | 15 | | 1, 2001.
Without regard to whether a taxpayer is required to | 16 | | make quarter monthly
payments as specified above, any taxpayer | 17 | | who is required by Section 2d of this
Act to collect and remit | 18 | | prepaid taxes and has collected prepaid taxes that
average in | 19 | | excess of $20,000 per month during the preceding 4 complete | 20 | | calendar
quarters shall file a return with the Department as | 21 | | required by Section 2f
and shall make payments to the | 22 | | Department on or before the 7th, 15th, 22nd and
last day of the | 23 | | month during which the liability is incurred. Each payment
| 24 | | shall be in an amount equal to 22.5% of the taxpayer's actual | 25 | | liability for the
month or 25% of the taxpayer's liability for | 26 | | the same calendar month of the
preceding year. The amount of |
| | | 09800HB5072ham001 | - 80 - | LRB098 18505 HLH 57717 a |
|
| 1 | | the quarter monthly payments shall be credited
against the | 2 | | final tax liability of the taxpayer's return for that month | 3 | | filed
under this Section or Section 2f, as the case may be. | 4 | | Once applicable, the
requirement of the making of quarter | 5 | | monthly payments to the Department
pursuant to this paragraph | 6 | | shall continue until the taxpayer's average monthly
prepaid tax | 7 | | collections during the preceding 4 complete calendar quarters
| 8 | | (excluding the month of highest liability and the month of | 9 | | lowest liability) is
less than $19,000 or until such taxpayer's | 10 | | average monthly liability to the
Department as computed for | 11 | | each calendar quarter of the 4 preceding complete
calendar | 12 | | quarters is less than $20,000. If any such quarter monthly | 13 | | payment is
not paid at the time or in the amount required, the | 14 | | taxpayer shall be liable
for penalties and interest on such | 15 | | difference, except insofar as the taxpayer
has previously made | 16 | | payments for that month in excess of the minimum payments
| 17 | | previously due. | 18 | | If any payment provided for in this Section exceeds
the | 19 | | taxpayer's liabilities under this Act, the Use Tax Act, the | 20 | | Service
Occupation Tax Act and the Service Use Tax Act, as | 21 | | shown on an original
monthly return, the Department shall, if | 22 | | requested by the taxpayer, issue to
the taxpayer a credit | 23 | | memorandum no later than 30 days after the date of
payment. The | 24 | | credit evidenced by such credit memorandum may
be assigned by | 25 | | the taxpayer to a similar taxpayer under this Act, the
Use Tax | 26 | | Act, the Service Occupation Tax Act or the Service Use Tax Act, |
| | | 09800HB5072ham001 | - 81 - | LRB098 18505 HLH 57717 a |
|
| 1 | | in
accordance with reasonable rules and regulations to be | 2 | | prescribed by the
Department. If no such request is made, the | 3 | | taxpayer may credit such excess
payment against tax liability | 4 | | subsequently to be remitted to the Department
under this Act, | 5 | | the Use Tax Act, the Service Occupation Tax Act or the
Service | 6 | | Use Tax Act, in accordance with reasonable rules and | 7 | | regulations
prescribed by the Department. If the Department | 8 | | subsequently determined
that all or any part of the credit | 9 | | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | 10 | | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | 11 | | of the difference between the credit taken and that
actually | 12 | | due, and that taxpayer shall be liable for penalties and | 13 | | interest
on such difference. | 14 | | If a retailer of motor fuel is entitled to a credit under | 15 | | Section 2d of
this Act which exceeds the taxpayer's liability | 16 | | to the Department under
this Act for the month which the | 17 | | taxpayer is filing a return, the
Department shall issue the | 18 | | taxpayer a credit memorandum for the excess. | 19 | | Notwithstanding any other provision of law, beginning July | 20 | | 1, 2014, each month the Department shall pay into
the Local | 21 | | Government Tax Fund 16% of the net revenue realized for the
| 22 | | preceding month from the tax imposed under this Act on the sale | 23 | | of motor fuel and
gasohol. | 24 | | Notwithstanding any other provision of law, beginning July | 25 | | 1, 2014, each month the Department shall pay into the County | 26 | | and Mass Transit District Fund 4% of the net revenue realized |
| | | 09800HB5072ham001 | - 82 - | LRB098 18505 HLH 57717 a |
|
| 1 | | for the
preceding month from the tax imposed under this Act on | 2 | | the sale of motor fuel and
gasohol. | 3 | | Notwithstanding any other provision of law, beginning July | 4 | | 1, 2014, each month the Department shall pay into the Road Fund | 5 | | 80% of the net revenue realized for the
preceding month from | 6 | | the tax imposed under this Act on the sale of motor fuel and
| 7 | | gasohol. | 8 | | Beginning January 1, 1990, each month the Department shall | 9 | | pay into
the Local Government Tax Fund, a special fund in the | 10 | | State treasury which
is hereby created, the net revenue | 11 | | realized for the preceding month from
the 1% tax on sales of | 12 | | food for human consumption which is to be consumed
off the | 13 | | premises where it is sold (other than alcoholic beverages, soft
| 14 | | drinks and food which has been prepared for immediate | 15 | | consumption) and
prescription and nonprescription medicines, | 16 | | drugs, medical appliances and
insulin, urine testing | 17 | | materials, syringes and needles used by diabetics. | 18 | | Beginning January 1, 1990, each month the Department shall | 19 | | pay into
the County and Mass Transit District Fund, a special | 20 | | fund in the State
treasury which is hereby created, 4% of the | 21 | | net revenue realized
for the preceding month from the 6.25% | 22 | | general rate. | 23 | | Beginning August 1, 2000, each
month the Department shall | 24 | | pay into the
County and Mass Transit District Fund 20% of the | 25 | | net revenue realized for the
preceding month from the 1.25% | 26 | | rate on the selling price of motor fuel and
gasohol. Beginning |
| | | 09800HB5072ham001 | - 83 - | LRB098 18505 HLH 57717 a |
|
| 1 | | September 1, 2010, each month the Department shall pay into the | 2 | | County and Mass Transit District Fund 20% of the net revenue | 3 | | realized for the preceding month from the 1.25% rate on the | 4 | | selling price of sales tax holiday items. | 5 | | Beginning January 1, 1990, each month the Department shall | 6 | | pay into
the Local Government Tax Fund 16% of the net revenue | 7 | | realized for the
preceding month from the 6.25% general rate on | 8 | | the selling price of
tangible personal property. | 9 | | Beginning August 1, 2000, each
month the Department shall | 10 | | pay into the
Local Government Tax Fund 80% of the net revenue | 11 | | realized for the preceding
month from the 1.25% rate on the | 12 | | selling price of motor fuel and gasohol. Beginning September 1, | 13 | | 2010, each month the Department shall pay into the Local | 14 | | Government Tax Fund 80% of the net revenue realized for the | 15 | | preceding month from the 1.25% rate on the selling price of | 16 | | sales tax holiday items. | 17 | | Beginning October 1, 2009, each month the Department shall | 18 | | pay into the Capital Projects Fund an amount that is equal to | 19 | | an amount estimated by the Department to represent 80% of the | 20 | | net revenue realized for the preceding month from the sale of | 21 | | candy, grooming and hygiene products, and soft drinks that had | 22 | | been taxed at a rate of 1% prior to September 1, 2009 but that | 23 | | are is now taxed at 6.25%. | 24 | | Beginning July 1, 2011, each
month the Department shall pay | 25 | | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue | 26 | | realized for the
preceding month from the 6.25% general rate on |
| | | 09800HB5072ham001 | - 84 - | LRB098 18505 HLH 57717 a |
|
| 1 | | the selling price of sorbents used in Illinois in the process | 2 | | of sorbent injection as used to comply with the Environmental | 3 | | Protection Act or the federal Clean Air Act, but the total | 4 | | payment into the Clean Air Act (CAA) Permit Fund under this Act | 5 | | and the Use Tax Act shall not exceed $2,000,000 in any fiscal | 6 | | year. | 7 | | Beginning July 1, 2013, each month the Department shall pay | 8 | | into the Underground Storage Tank Fund from the proceeds | 9 | | collected under this Act, the Use Tax Act, the Service Use Tax | 10 | | Act, and the Service Occupation Tax Act an amount equal to the | 11 | | average monthly deficit in the Underground Storage Tank Fund | 12 | | during the prior year, as certified annually by the Illinois | 13 | | Environmental Protection Agency, but the total payment into the | 14 | | Underground Storage Tank Fund under this Act, the Use Tax Act, | 15 | | the Service Use Tax Act, and the Service Occupation Tax Act | 16 | | shall not exceed $18,000,000 in any State fiscal year. As used | 17 | | in this paragraph, the "average monthly deficit" shall be equal | 18 | | to the difference between the average monthly claims for | 19 | | payment by the fund and the average monthly revenues deposited | 20 | | into the fund, excluding payments made pursuant to this | 21 | | paragraph. | 22 | | Of the remainder of the moneys received by the Department | 23 | | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | 24 | | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | 25 | | and after July 1, 1989,
3.8% thereof shall be paid into the | 26 | | Build Illinois Fund; provided, however,
that if in any fiscal |
| | | 09800HB5072ham001 | - 85 - | LRB098 18505 HLH 57717 a |
|
| 1 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | 2 | | may be, of the moneys received by the Department and required | 3 | | to
be paid into the Build Illinois Fund pursuant to this Act, | 4 | | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | 5 | | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | 6 | | being hereinafter called the "Tax
Acts" and such aggregate of | 7 | | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | 8 | | called the "Tax Act Amount", and (2) the amount
transferred to | 9 | | the Build Illinois Fund from the State and Local Sales Tax
| 10 | | Reform Fund shall be less than the Annual Specified Amount (as | 11 | | hereinafter
defined), an amount equal to the difference shall | 12 | | be immediately paid into
the Build Illinois Fund from other | 13 | | moneys received by the Department
pursuant to the Tax Acts; the | 14 | | "Annual Specified Amount" means the amounts
specified below for | 15 | | fiscal years 1986 through 1993: | |
16 | | Fiscal Year | Annual Specified Amount | |
17 | | 1986 | $54,800,000 | |
18 | | 1987 | $76,650,000 | |
19 | | 1988 | $80,480,000 | |
20 | | 1989 | $88,510,000 | |
21 | | 1990 | $115,330,000 | |
22 | | 1991 | $145,470,000 | |
23 | | 1992 | $182,730,000 | |
24 | | 1993 | $206,520,000; |
| 25 | | and means the Certified Annual Debt Service Requirement (as | 26 | | defined in
Section 13 of the Build Illinois Bond Act) or the |
| | | 09800HB5072ham001 | - 86 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | 2 | | each fiscal year thereafter; and
further provided, that if on | 3 | | the last business day of any month the sum of
(1) the Tax Act | 4 | | Amount required to be deposited into the Build Illinois
Bond | 5 | | Account in the Build Illinois Fund during such month and (2) | 6 | | the
amount transferred to the Build Illinois Fund from the | 7 | | State and Local
Sales Tax Reform Fund shall have been less than | 8 | | 1/12 of the Annual
Specified Amount, an amount equal to the | 9 | | difference shall be immediately
paid into the Build Illinois | 10 | | Fund from other moneys received by the
Department pursuant to | 11 | | the Tax Acts; and, further provided, that in no
event shall the | 12 | | payments required under the preceding proviso result in
| 13 | | aggregate payments into the Build Illinois Fund pursuant to | 14 | | this clause (b)
for any fiscal year in excess of the greater of | 15 | | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | 16 | | such fiscal year. The amounts payable
into the Build Illinois | 17 | | Fund under clause (b) of the first sentence in this
paragraph | 18 | | shall be payable only until such time as the aggregate amount | 19 | | on
deposit under each trust indenture securing Bonds issued and | 20 | | outstanding
pursuant to the Build Illinois Bond Act is | 21 | | sufficient, taking into account
any future investment income, | 22 | | to fully provide, in accordance with such
indenture, for the | 23 | | defeasance of or the payment of the principal of,
premium, if | 24 | | any, and interest on the Bonds secured by such indenture and on
| 25 | | any Bonds expected to be issued thereafter and all fees and | 26 | | costs payable
with respect thereto, all as certified by the |
| | | 09800HB5072ham001 | - 87 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Director of the Bureau of the
Budget (now Governor's Office of | 2 | | Management and Budget). If on the last
business day of any | 3 | | month in which Bonds are
outstanding pursuant to the Build | 4 | | Illinois Bond Act, the aggregate of
moneys deposited in the | 5 | | Build Illinois Bond Account in the Build Illinois
Fund in such | 6 | | month shall be less than the amount required to be transferred
| 7 | | in such month from the Build Illinois Bond Account to the Build | 8 | | Illinois
Bond Retirement and Interest Fund pursuant to Section | 9 | | 13 of the Build
Illinois Bond Act, an amount equal to such | 10 | | deficiency shall be immediately
paid from other moneys received | 11 | | by the Department pursuant to the Tax Acts
to the Build | 12 | | Illinois Fund; provided, however, that any amounts paid to the
| 13 | | Build Illinois Fund in any fiscal year pursuant to this | 14 | | sentence shall be
deemed to constitute payments pursuant to | 15 | | clause (b) of the first sentence
of this paragraph and shall | 16 | | reduce the amount otherwise payable for such
fiscal year | 17 | | pursuant to that clause (b). The moneys received by the
| 18 | | Department pursuant to this Act and required to be deposited | 19 | | into the Build
Illinois Fund are subject to the pledge, claim | 20 | | and charge set forth in
Section 12 of the Build Illinois Bond | 21 | | Act. | 22 | | Subject to payment of amounts into the Build Illinois Fund | 23 | | as provided in
the preceding paragraph or in any amendment | 24 | | thereto hereafter enacted, the
following specified monthly | 25 | | installment of the amount requested in the
certificate of the | 26 | | Chairman of the Metropolitan Pier and Exposition
Authority |
| | | 09800HB5072ham001 | - 88 - | LRB098 18505 HLH 57717 a |
|
| 1 | | provided under Section 8.25f of the State Finance Act, but not | 2 | | in
excess of sums designated as "Total Deposit", shall be | 3 | | deposited in the
aggregate from collections under Section 9 of | 4 | | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | 5 | | 9 of the Service Occupation Tax Act, and
Section 3 of the | 6 | | Retailers' Occupation Tax Act into the McCormick Place
| 7 | | Expansion Project Fund in the specified fiscal years. | |
8 | | Fiscal Year | | Total Deposit | |
9 | | 1993 | | $0 | |
10 | | 1994 | | 53,000,000 | |
11 | | 1995 | | 58,000,000 | |
12 | | 1996 | | 61,000,000 | |
13 | | 1997 | | 64,000,000 | |
14 | | 1998 | | 68,000,000 | |
15 | | 1999 | | 71,000,000 | |
16 | | 2000 | | 75,000,000 | |
17 | | 2001 | | 80,000,000 | |
18 | | 2002 | | 93,000,000 | |
19 | | 2003 | | 99,000,000 | |
20 | | 2004 | | 103,000,000 | |
21 | | 2005 | | 108,000,000 | |
22 | | 2006 | | 113,000,000 | |
23 | | 2007 | | 119,000,000 | |
24 | | 2008 | | 126,000,000 | |
25 | | 2009 | | 132,000,000 | |
|
| | | 09800HB5072ham001 | - 89 - | LRB098 18505 HLH 57717 a |
|
| 1 | | 2010 | | 139,000,000 | |
2 | | 2011 | | 146,000,000 | |
3 | | 2012 | | 153,000,000 | |
4 | | 2013 | | 161,000,000 | |
5 | | 2014 | | 170,000,000 | |
6 | | 2015 | | 179,000,000 | |
7 | | 2016 | | 189,000,000 | |
8 | | 2017 | | 199,000,000 | |
9 | | 2018 | | 210,000,000 | |
10 | | 2019 | | 221,000,000 | |
11 | | 2020 | | 233,000,000 | |
12 | | 2021 | | 246,000,000 | |
13 | | 2022 | | 260,000,000 | |
14 | | 2023 | | 275,000,000 | |
15 | | 2024 | | 275,000,000 | |
16 | | 2025 | | 275,000,000 | |
17 | | 2026 | | 279,000,000 | |
18 | | 2027 | | 292,000,000 | |
19 | | 2028 | | 307,000,000 | |
20 | | 2029 | | 322,000,000 | |
21 | | 2030 | | 338,000,000 | |
22 | | 2031 | | 350,000,000 | |
23 | | 2032 | | 350,000,000 | |
24 | | and | | |
|
25 | | each fiscal year | | |
|
26 | | thereafter that bonds | | |
|
|
| | | 09800HB5072ham001 | - 90 - | LRB098 18505 HLH 57717 a |
|
| 1 | | are outstanding under | | |
|
2 | | Section 13.2 of the | | |
|
3 | | Metropolitan Pier and | | |
|
4 | | Exposition Authority Act, | | |
|
5 | | but not after fiscal year 2060. | | |
| 6 | | Beginning July 20, 1993 and in each month of each fiscal | 7 | | year thereafter,
one-eighth of the amount requested in the | 8 | | certificate of the Chairman of
the Metropolitan Pier and | 9 | | Exposition Authority for that fiscal year, less
the amount | 10 | | deposited into the McCormick Place Expansion Project Fund by | 11 | | the
State Treasurer in the respective month under subsection | 12 | | (g) of Section 13
of the Metropolitan Pier and Exposition | 13 | | Authority Act, plus cumulative
deficiencies in the deposits | 14 | | required under this Section for previous
months and years, | 15 | | shall be deposited into the McCormick Place Expansion
Project | 16 | | Fund, until the full amount requested for the fiscal year, but | 17 | | not
in excess of the amount specified above as "Total Deposit", | 18 | | has been deposited. | 19 | | Subject to payment of amounts into the Build Illinois Fund | 20 | | and the
McCormick Place Expansion Project Fund pursuant to the | 21 | | preceding paragraphs
or in any amendments
thereto hereafter | 22 | | enacted, beginning July 1, 1993 and ending on September 30, | 23 | | 2013, the Department shall each
month pay into the Illinois Tax | 24 | | Increment Fund 0.27% of 80% of the net revenue
realized for the | 25 | | preceding month from the 6.25% general rate on the selling
| 26 | | price of tangible personal property. |
| | | 09800HB5072ham001 | - 91 - | LRB098 18505 HLH 57717 a |
|
| 1 | | Subject to payment of amounts into the Build Illinois Fund | 2 | | and the
McCormick Place Expansion Project Fund pursuant to the | 3 | | preceding paragraphs or in any
amendments thereto hereafter | 4 | | enacted, beginning with the receipt of the first
report of | 5 | | taxes paid by an eligible business and continuing for a 25-year
| 6 | | period, the Department shall each month pay into the Energy | 7 | | Infrastructure
Fund 80% of the net revenue realized from the | 8 | | 6.25% general rate on the
selling price of Illinois-mined coal | 9 | | that was sold to an eligible business.
For purposes of this | 10 | | paragraph, the term "eligible business" means a new
electric | 11 | | generating facility certified pursuant to Section 605-332 of | 12 | | the
Department of Commerce and Economic Opportunity
Law of the | 13 | | Civil Administrative Code of Illinois. | 14 | | Of the remainder of the moneys received by the Department | 15 | | pursuant to
this Act, 75% thereof shall be paid into the State | 16 | | Treasury and 25% shall
be reserved in a special account and | 17 | | used only for the transfer to the
Common School Fund as part of | 18 | | the monthly transfer from the General Revenue
Fund in | 19 | | accordance with Section 8a of the State Finance Act. | 20 | | The Department may, upon separate written notice to a | 21 | | taxpayer,
require the taxpayer to prepare and file with the | 22 | | Department on a form
prescribed by the Department within not | 23 | | less than 60 days after receipt
of the notice an annual | 24 | | information return for the tax year specified in
the notice. | 25 | | Such annual return to the Department shall include a
statement | 26 | | of gross receipts as shown by the retailer's last Federal |
| | | 09800HB5072ham001 | - 92 - | LRB098 18505 HLH 57717 a |
|
| 1 | | income
tax return. If the total receipts of the business as | 2 | | reported in the
Federal income tax return do not agree with the | 3 | | gross receipts reported to
the Department of Revenue for the | 4 | | same period, the retailer shall attach
to his annual return a | 5 | | schedule showing a reconciliation of the 2
amounts and the | 6 | | reasons for the difference. The retailer's annual
return to the | 7 | | Department shall also disclose the cost of goods sold by
the | 8 | | retailer during the year covered by such return, opening and | 9 | | closing
inventories of such goods for such year, costs of goods | 10 | | used from stock
or taken from stock and given away by the | 11 | | retailer during such year,
payroll information of the | 12 | | retailer's business during such year and any
additional | 13 | | reasonable information which the Department deems would be
| 14 | | helpful in determining the accuracy of the monthly, quarterly | 15 | | or annual
returns filed by such retailer as provided for in | 16 | | this Section. | 17 | | If the annual information return required by this Section | 18 | | is not
filed when and as required, the taxpayer shall be liable | 19 | | as follows: | 20 | | (i) Until January 1, 1994, the taxpayer shall be liable
| 21 | | for a penalty equal to 1/6 of 1% of the tax due from such | 22 | | taxpayer under
this Act during the period to be covered by | 23 | | the annual return for each
month or fraction of a month | 24 | | until such return is filed as required, the
penalty to be | 25 | | assessed and collected in the same manner as any other
| 26 | | penalty provided for in this Act. |
| | | 09800HB5072ham001 | - 93 - | LRB098 18505 HLH 57717 a |
|
| 1 | | (ii) On and after January 1, 1994, the taxpayer shall | 2 | | be
liable for a penalty as described in Section 3-4 of the | 3 | | Uniform Penalty and
Interest Act. | 4 | | The chief executive officer, proprietor, owner or highest | 5 | | ranking
manager shall sign the annual return to certify the | 6 | | accuracy of the
information contained therein. Any person who | 7 | | willfully signs the
annual return containing false or | 8 | | inaccurate information shall be guilty
of perjury and punished | 9 | | accordingly. The annual return form prescribed
by the | 10 | | Department shall include a warning that the person signing the
| 11 | | return may be liable for perjury. | 12 | | The provisions of this Section concerning the filing of an | 13 | | annual
information return do not apply to a retailer who is not | 14 | | required to
file an income tax return with the United States | 15 | | Government. | 16 | | As soon as possible after the first day of each month, upon | 17 | | certification
of the Department of Revenue, the Comptroller | 18 | | shall order transferred and
the Treasurer shall transfer from | 19 | | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 20 | | equal to 1.7% of 80% of the net revenue realized
under this Act | 21 | | for the second preceding
month.
Beginning April 1, 2000, this | 22 | | transfer is no longer required
and shall not be made. | 23 | | Net revenue realized for a month shall be the revenue | 24 | | collected by the
State pursuant to this Act, less the amount | 25 | | paid out during that month as
refunds to taxpayers for | 26 | | overpayment of liability. |
| | | 09800HB5072ham001 | - 94 - | LRB098 18505 HLH 57717 a |
|
| 1 | | For greater simplicity of administration, manufacturers, | 2 | | importers
and wholesalers whose products are sold at retail in | 3 | | Illinois by
numerous retailers, and who wish to do so, may | 4 | | assume the responsibility
for accounting and paying to the | 5 | | Department all tax accruing under this
Act with respect to such | 6 | | sales, if the retailers who are affected do not
make written | 7 | | objection to the Department to this arrangement. | 8 | | Any person who promotes, organizes, provides retail | 9 | | selling space for
concessionaires or other types of sellers at | 10 | | the Illinois State Fair, DuQuoin
State Fair, county fairs, | 11 | | local fairs, art shows, flea markets and similar
exhibitions or | 12 | | events, including any transient merchant as defined by Section | 13 | | 2
of the Transient Merchant Act of 1987, is required to file a | 14 | | report with the
Department providing the name of the merchant's | 15 | | business, the name of the
person or persons engaged in | 16 | | merchant's business, the permanent address and
Illinois | 17 | | Retailers Occupation Tax Registration Number of the merchant, | 18 | | the
dates and location of the event and other reasonable | 19 | | information that the
Department may require. The report must be | 20 | | filed not later than the 20th day
of the month next following | 21 | | the month during which the event with retail sales
was held. | 22 | | Any person who fails to file a report required by this Section
| 23 | | commits a business offense and is subject to a fine not to | 24 | | exceed $250. | 25 | | Any person engaged in the business of selling tangible | 26 | | personal
property at retail as a concessionaire or other type |
| | | 09800HB5072ham001 | - 95 - | LRB098 18505 HLH 57717 a |
|
| 1 | | of seller at the
Illinois State Fair, county fairs, art shows, | 2 | | flea markets and similar
exhibitions or events, or any | 3 | | transient merchants, as defined by Section 2
of the Transient | 4 | | Merchant Act of 1987, may be required to make a daily report
of | 5 | | the amount of such sales to the Department and to make a daily | 6 | | payment of
the full amount of tax due. The Department shall | 7 | | impose this
requirement when it finds that there is a | 8 | | significant risk of loss of
revenue to the State at such an | 9 | | exhibition or event. Such a finding
shall be based on evidence | 10 | | that a substantial number of concessionaires
or other sellers | 11 | | who are not residents of Illinois will be engaging in
the | 12 | | business of selling tangible personal property at retail at the
| 13 | | exhibition or event, or other evidence of a significant risk of | 14 | | loss of revenue
to the State. The Department shall notify | 15 | | concessionaires and other sellers
affected by the imposition of | 16 | | this requirement. In the absence of
notification by the | 17 | | Department, the concessionaires and other sellers
shall file | 18 | | their returns as otherwise required in this Section. | 19 | | (Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24, | 20 | | eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14; | 21 | | revised 9-9-13.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
|
|