Full Text of HB1938 102nd General Assembly
HB1938 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1938 Introduced 2/17/2021, by Rep. Tony McCombie SYNOPSIS AS INTRODUCED: |
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35 ILCS 105/3-55 | from Ch. 120, par. 439.3-55 |
35 ILCS 110/3-45 | from Ch. 120, par. 439.33-45 |
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Amends the Use Tax Act and the Service Use Tax Act. Provides that the multistate exemption includes the return of property of an out-of-State lessor or purchaser to this State for storage, repair, or refurbishment, so long as the property is not used by a lessee or purchaser in this State. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Use Tax Act is amended by changing Section | 5 | | 3-55 as follows:
| 6 | | (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
| 7 | | Sec. 3-55. Multistate exemption. To prevent actual or | 8 | | likely multistate taxation, the tax imposed by this
Act
does | 9 | | not apply to the use of
tangible personal property in this | 10 | | State under the following circumstances:
| 11 | | (a) The use, in this State, of tangible personal property | 12 | | acquired
outside this State by a nonresident individual and | 13 | | brought into this
State by the individual for his or her own | 14 | | use while temporarily within
this State or while passing | 15 | | through this State.
| 16 | | (b) (Blank).
| 17 | | (c) The use, in this State, by owners, lessors,
or
| 18 | | shippers
of tangible personal property that is utilized by | 19 | | interstate carriers
for hire for use as rolling stock moving | 20 | | in interstate commerce as
long as so used by the interstate | 21 | | carriers for hire, and equipment
operated by a | 22 | | telecommunications provider, licensed as a common carrier by | 23 | | the
Federal Communications Commission, which is permanently |
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| 1 | | installed in or affixed
to aircraft moving in interstate | 2 | | commerce.
| 3 | | (d) The use, in this State, of tangible personal property | 4 | | that is
acquired outside this State and caused to be brought | 5 | | into this State by
a person who has already paid a tax in | 6 | | another State in respect to the
sale, purchase, or use of that | 7 | | property, to the extent of the amount of
the tax properly due | 8 | | and paid in the other State.
| 9 | | (e) The temporary storage, in this State, of tangible | 10 | | personal
property that is acquired outside this State and | 11 | | that, after
being brought into this State and stored here | 12 | | temporarily, is used
solely outside this State or is | 13 | | physically attached to or incorporated
into other tangible | 14 | | personal property that is used solely outside this
State, or | 15 | | is altered by converting, fabricating, manufacturing, | 16 | | printing,
processing, or shaping, and, as altered, is used | 17 | | solely outside this State.
| 18 | | (e-5) The return of property of an out-of-State lessor or | 19 | | purchaser to this State for storage, repair, or refurbishment, | 20 | | so long as the property is not used by a lessee or purchaser in | 21 | | this State. As used in this subsection (e-5), refurbishment | 22 | | includes the replacement of component parts as well as | 23 | | upgrades. | 24 | | (f) The temporary storage in this State of building | 25 | | materials and
fixtures that are acquired either in this State | 26 | | or outside this State
by an Illinois registered combination |
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| 1 | | retailer and construction contractor, and
that the purchaser | 2 | | thereafter uses outside this State by incorporating that
| 3 | | property into real estate located outside this State.
| 4 | | (g) The use or purchase of tangible personal property by a | 5 | | common carrier
by rail or motor that receives the physical | 6 | | possession of the property in
Illinois, and
that transports | 7 | | the property, or shares with another common carrier in the
| 8 | | transportation of the property, out of Illinois on a standard | 9 | | uniform bill of
lading showing the seller of the property as | 10 | | the shipper or consignor of the
property to a destination | 11 | | outside Illinois, for use outside Illinois.
| 12 | | (h) Except as provided in subsection (h-1), the use, in | 13 | | this State, of a motor vehicle that was sold in
this State to a | 14 | | nonresident, even though the motor vehicle is
delivered to the | 15 | | nonresident in this State, if the motor vehicle
is not to be | 16 | | titled in this State, and if a
drive-away permit is issued to | 17 | | the motor vehicle as
provided in Section 3-603 of the Illinois | 18 | | Vehicle Code or if the
nonresident purchaser has vehicle | 19 | | registration plates to transfer
to the motor vehicle upon | 20 | | returning to his or her home state.
The issuance of the | 21 | | drive-away permit or having the
out-of-state
registration | 22 | | plates to be transferred shall be prima facie evidence
that | 23 | | the motor vehicle will not be titled in this State.
| 24 | | (h-1) The exemption under subsection (h) does not apply if | 25 | | the state in which the motor vehicle will be titled does not | 26 | | allow a reciprocal exemption for the use in that state of a |
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| 1 | | motor vehicle sold and delivered in that state to an Illinois | 2 | | resident but titled in Illinois. The tax collected under this | 3 | | Act on the sale of a motor vehicle in this State to a resident | 4 | | of another state that does not allow a reciprocal exemption | 5 | | shall be imposed at a rate equal to the state's rate of tax on | 6 | | taxable property in the state in which the purchaser is a | 7 | | resident, except that the tax shall not exceed the tax that | 8 | | would otherwise be imposed under this Act. At the time of the | 9 | | sale, the purchaser shall execute a statement, signed under | 10 | | penalty of perjury, of his or her intent to title the vehicle | 11 | | in the state in which the purchaser is a resident within 30 | 12 | | days after the sale and of the fact of the payment to the State | 13 | | of Illinois of tax in an amount equivalent to the state's rate | 14 | | of tax on taxable property in his or her state of residence and | 15 | | shall submit the statement to the appropriate tax collection | 16 | | agency in his or her state of residence. In addition, the | 17 | | retailer must retain a signed copy of the statement in his or | 18 | | her records. Nothing in this subsection shall be construed to | 19 | | require the removal of the vehicle from this state following | 20 | | the filing of an intent to title the vehicle in the purchaser's | 21 | | state of residence if the purchaser titles the vehicle in his | 22 | | or her state of residence within 30 days after the date of | 23 | | sale. The tax collected under this Act in accordance with this | 24 | | subsection (h-1) shall be proportionately distributed as if | 25 | | the tax were collected at the 6.25% general rate imposed under | 26 | | this Act.
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| 1 | | (h-2) The following exemptions apply with respect to | 2 | | certain aircraft: | 3 | | (1) Beginning on July 1, 2007, no tax is imposed under | 4 | | this Act on the purchase of an aircraft, as defined in | 5 | | Section 3 of the Illinois Aeronautics Act, if all of the | 6 | | following conditions are met: | 7 | | (A) the aircraft leaves this State within 15 days | 8 | | after the later of either the issuance of the final | 9 | | billing for the purchase of the aircraft or the | 10 | | authorized approval for return to service, completion | 11 | | of the maintenance record entry, and completion of the | 12 | | test flight and ground test for inspection, as | 13 | | required by 14 C.F.R. 91.407; | 14 | | (B) the aircraft is not based or registered in | 15 | | this State after the purchase of the aircraft; and | 16 | | (C) the purchaser provides the Department with a | 17 | | signed and dated certification, on a form prescribed | 18 | | by the Department, certifying that the requirements of | 19 | | this item (1) are met. The certificate must also | 20 | | include the name and address of the purchaser, the | 21 | | address of the location where the aircraft is to be | 22 | | titled or registered, the address of the primary | 23 | | physical location of the aircraft, and other | 24 | | information that the Department may reasonably | 25 | | require. | 26 | | (2) Beginning on July 1, 2007, no tax is imposed under |
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| 1 | | this Act on the use of an aircraft, as defined in Section 3 | 2 | | of the Illinois Aeronautics Act, that is temporarily | 3 | | located in this State for the purpose of a prepurchase | 4 | | evaluation if all of the following conditions are met: | 5 | | (A) the aircraft is not based or registered in | 6 | | this State after the prepurchase evaluation; and | 7 | | (B) the purchaser provides the Department with a | 8 | | signed and dated certification, on a form prescribed | 9 | | by the Department, certifying that the requirements of | 10 | | this item (2) are met. The certificate must also | 11 | | include the name and address of the purchaser, the | 12 | | address of the location where the aircraft is to be | 13 | | titled or registered, the address of the primary | 14 | | physical location of the aircraft, and other | 15 | | information that the Department may reasonably | 16 | | require. | 17 | | (3) Beginning on July 1, 2007, no tax is imposed under | 18 | | this Act on the use of an aircraft, as defined in Section 3 | 19 | | of the Illinois Aeronautics Act, that is temporarily | 20 | | located in this State for the purpose of a post-sale | 21 | | customization if all of the following conditions are met: | 22 | | (A) the aircraft leaves this State within 15 days | 23 | | after the authorized approval for return to service, | 24 | | completion of the maintenance record entry, and | 25 | | completion of the test flight and ground test for | 26 | | inspection, as required by 14 C.F.R. 91.407; |
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| 1 | | (B) the aircraft is not based or registered in | 2 | | this State either before or after the post-sale | 3 | | customization; and | 4 | | (C) the purchaser provides the Department with a | 5 | | signed and dated certification, on a form prescribed | 6 | | by the Department, certifying that the requirements of | 7 | | this item (3) are met. The certificate must also | 8 | | include the name and address of the purchaser, the | 9 | | address of the location where the aircraft is to be | 10 | | titled or registered, the address of the primary | 11 | | physical location of the aircraft, and other | 12 | | information that the Department may reasonably | 13 | | require. | 14 | | If tax becomes due under this subsection (h-2) because of | 15 | | the purchaser's use of the aircraft in this State, the | 16 | | purchaser shall file a return with the Department and pay the | 17 | | tax on the fair market value of the aircraft. This return and | 18 | | payment of the tax must be made no later than 30 days after the | 19 | | aircraft is used in a taxable manner in this State. The tax is | 20 | | based on the fair market value of the aircraft on the date that | 21 | | it is first used in a taxable manner in this State. | 22 | | For purposes of this subsection (h-2): | 23 | | "Based in this State" means hangared, stored, or otherwise | 24 | | used, excluding post-sale customizations as defined in this | 25 | | Section, for 10 or more days in each 12-month period | 26 | | immediately following the date of the sale of the aircraft. |
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| 1 | | "Post-sale customization" means any improvement, | 2 | | maintenance, or repair that is performed on an aircraft | 3 | | following a transfer of ownership of the aircraft. | 4 | | "Prepurchase evaluation" means an examination of an | 5 | | aircraft to provide a potential purchaser with information | 6 | | relevant to the potential purchase. | 7 | | "Registered in this State" means an aircraft registered | 8 | | with the Department of Transportation, Aeronautics Division, | 9 | | or titled or registered with the Federal Aviation | 10 | | Administration to an address located in this State.
| 11 | | This subsection (h-2) is exempt from the provisions of | 12 | | Section 3-90.
| 13 | | (i) Beginning July 1, 1999, the use, in this State, of fuel | 14 | | acquired
outside this State and brought into this State in the | 15 | | fuel supply
tanks of locomotives engaged in freight hauling | 16 | | and passenger service for
interstate commerce. This subsection | 17 | | is exempt from the provisions of Section
3-90.
| 18 | | (j) Beginning on January 1, 2002 and through June 30, | 19 | | 2016, the use of tangible personal property
purchased from an | 20 | | Illinois retailer by a taxpayer engaged in centralized
| 21 | | purchasing activities in Illinois who will, upon receipt of | 22 | | the property in
Illinois, temporarily store the property in | 23 | | Illinois (i) for the purpose of
subsequently transporting it | 24 | | outside this State for use or consumption
thereafter solely | 25 | | outside this State or (ii) for the purpose of being
processed, | 26 | | fabricated, or manufactured into, attached to, or incorporated |
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| 1 | | into
other tangible personal property to be transported | 2 | | outside this State and
thereafter used or consumed solely | 3 | | outside this State. The Director of Revenue
shall, pursuant to | 4 | | rules adopted in accordance with the Illinois Administrative
| 5 | | Procedure Act, issue a permit to any taxpayer in good standing | 6 | | with the
Department who is eligible for the exemption under | 7 | | this subsection (j). The
permit issued under this subsection | 8 | | (j) shall authorize the holder, to the
extent and in the manner | 9 | | specified in the rules adopted under this Act, to
purchase | 10 | | tangible personal property from a retailer exempt from the | 11 | | taxes
imposed by this Act. Taxpayers shall maintain all | 12 | | necessary books and records
to substantiate the use and | 13 | | consumption of all such tangible personal property
outside of | 14 | | the State of Illinois.
| 15 | | (Source: P.A. 100-321, eff. 8-24-17.)
| 16 | | Section 10. The Service Use Tax Act is amended by changing | 17 | | Section 3-45 as follows:
| 18 | | (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
| 19 | | Sec. 3-45. Multistate exemption. To prevent actual or | 20 | | likely multistate
taxation, the tax imposed by this Act does | 21 | | not apply
to the use of tangible personal property in this | 22 | | State under the following
circumstances:
| 23 | | (a) The use, in this State, of property acquired outside | 24 | | this State
by a nonresident individual and brought into this |
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| 1 | | State by the
individual for his or her own use while | 2 | | temporarily within this State or
while passing through this | 3 | | State.
| 4 | | (b) The use, in this State, of property that is
acquired | 5 | | outside
this State and that is moved into this State for use as | 6 | | rolling stock
moving in interstate commerce.
| 7 | | (c) The use, in this State, of property that is acquired | 8 | | outside
this State and caused to be brought into this State by | 9 | | a person who has
already paid a tax in another state in respect | 10 | | to the sale, purchase, or
use of that property, to the extent | 11 | | of the amount of the tax properly
due and paid in the other | 12 | | state.
| 13 | | (d) The temporary storage, in this State, of property that | 14 | | is
acquired outside this State and that after being brought | 15 | | into
this State and stored here temporarily, is used solely | 16 | | outside this
State or is physically attached to or | 17 | | incorporated into other property
that is used solely outside | 18 | | this State, or is altered by converting,
fabricating, | 19 | | manufacturing, printing, processing, or shaping, and, as
| 20 | | altered, is used solely outside this State.
| 21 | | (d-5) The return of property of an out-of-State lessor or | 22 | | purchaser to this State for storage, repair, or refurbishment, | 23 | | so long as the property is not used by a lessee or purchaser in | 24 | | this State. As used in this subsection (d-5), refurbishment | 25 | | includes the replacement of component parts as well as | 26 | | upgrades. |
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| 1 | | (e) Beginning July 1, 1999, the use, in this State, of fuel | 2 | | acquired
outside this State and brought into this State in the | 3 | | fuel supply
tanks of locomotives engaged in freight hauling | 4 | | and passenger service for
interstate commerce. This subsection | 5 | | is exempt from the provisions of Section
3-75.
| 6 | | (f) Beginning on January 1, 2002 and through June 30, | 7 | | 2016, the use of tangible personal property
purchased from an | 8 | | Illinois retailer by a taxpayer engaged in centralized
| 9 | | purchasing activities in Illinois who will, upon receipt of | 10 | | the property in
Illinois, temporarily store the property in | 11 | | Illinois (i) for the purpose of
subsequently transporting it | 12 | | outside this State for use or consumption
thereafter solely | 13 | | outside this State or (ii) for the purpose of being
processed, | 14 | | fabricated, or manufactured into, attached to, or incorporated | 15 | | into
other tangible personal property to be transported | 16 | | outside this State and
thereafter used or consumed solely | 17 | | outside this State. The Director of Revenue
shall, pursuant to | 18 | | rules adopted in accordance with the Illinois Administrative
| 19 | | Procedure Act, issue a permit to any taxpayer in good standing | 20 | | with the
Department who is eligible for the exemption under | 21 | | this subsection (f). The
permit issued under this subsection | 22 | | (f) shall authorize the holder, to the
extent and in the manner | 23 | | specified in the rules adopted under this Act, to
purchase | 24 | | tangible personal property from a retailer exempt from the | 25 | | taxes
imposed by this Act. Taxpayers shall maintain all | 26 | | necessary books and records
to substantiate the use and |
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| 1 | | consumption of all such tangible personal property
outside of | 2 | | the State of Illinois.
| 3 | | (Source: P.A. 97-73, eff. 6-30-11.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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