Full Text of HB2354 94th General Assembly
HB2354 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2354
Introduced 2/16/2005, by Rep. Robert F. Flider SYNOPSIS AS INTRODUCED: |
|
35 ILCS 105/3-10 |
from Ch. 120, par. 439.3-10 |
|
Amends the Use Tax Act. Makes a technical change in a Section concerning the rate of the tax.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB2354 |
|
LRB094 10284 BDD 40553 b |
|
| 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 |
| 3-10 as follows:
| 6 |
| (35 ILCS 105/3-10) (from Ch. 120, par. 439.3-10)
| 7 |
| Sec. 3-10. Rate of tax. Unless otherwise provided in this | 8 |
| Section, the
the tax
imposed by this Act is at the rate of | 9 |
| 6.25% of either the selling price or the
fair market value, if | 10 |
| any, of the tangible personal property. In all cases
where | 11 |
| property functionally used or consumed is the same as the | 12 |
| property that
was purchased at retail, then the tax is imposed | 13 |
| on the selling price of the
property. In all cases where | 14 |
| property functionally used or consumed is a
by-product or waste | 15 |
| product that has been refined, manufactured, or produced
from | 16 |
| property purchased at retail, then the tax is imposed on the | 17 |
| lower of the
fair market value, if any, of the specific | 18 |
| property so used in this State or on
the selling price of the | 19 |
| property purchased at retail. For purposes of this
Section | 20 |
| "fair market value" means the price at which property would | 21 |
| change
hands between a willing buyer and a willing seller, | 22 |
| neither being under any
compulsion to buy or sell and both | 23 |
| having reasonable knowledge of the
relevant facts. The fair | 24 |
| market value shall be established by Illinois sales by
the | 25 |
| taxpayer of the same property as that functionally used or | 26 |
| consumed, or if
there are no such sales by the taxpayer, then | 27 |
| comparable sales or purchases of
property of like kind and | 28 |
| character in Illinois.
| 29 |
| Beginning on July 1, 2000 and through December 31, 2000, | 30 |
| with respect to
motor fuel, as defined in Section 1.1 of the | 31 |
| Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 32 |
| the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
|
|
|
HB2354 |
- 2 - |
LRB094 10284 BDD 40553 b |
|
| 1 |
| With respect to gasohol, the tax imposed by this Act | 2 |
| applies to (i) 70%
of the proceeds of sales made on or after | 3 |
| January 1, 1990, and before
July 1, 2003, (ii) 80% of the | 4 |
| proceeds of sales made
on or after July 1, 2003 and on or | 5 |
| before December 31, 2013, and (iii) 100% of the proceeds of | 6 |
| sales made
thereafter.
If, at any time, however, the tax under | 7 |
| this Act on sales of gasohol is
imposed at the
rate of 1.25%, | 8 |
| then the tax imposed by this Act applies to 100% of the | 9 |
| proceeds
of sales of gasohol made during that time.
| 10 |
| With respect to majority blended ethanol fuel, the tax | 11 |
| imposed by this Act
does
not apply
to the proceeds of sales | 12 |
| made on or after July 1, 2003 and on or before
December
31, | 13 |
| 2013 but applies to 100% of the proceeds of sales made | 14 |
| thereafter.
| 15 |
| With respect to biodiesel blends with no less than 1% and | 16 |
| no more than 10%
biodiesel, the tax imposed by this Act applies | 17 |
| to (i) 80% of the
proceeds of sales made on or after July 1, | 18 |
| 2003 and on or before December 31,
2013 and (ii) 100% of the | 19 |
| proceeds of sales made
thereafter.
If, at any time, however, | 20 |
| the tax under this Act on sales of biodiesel blends
with no | 21 |
| less than 1% and no more than 10% biodiesel
is imposed at the | 22 |
| rate of
1.25%, then the
tax imposed by this Act applies to 100% | 23 |
| of the proceeds of sales of biodiesel
blends with no less than | 24 |
| 1% and no more than 10% biodiesel
made
during that time.
| 25 |
| With respect to 100% biodiesel and biodiesel blends with | 26 |
| more than 10%
but no more than 99% biodiesel, the tax imposed | 27 |
| by this Act does not apply to
the
proceeds of sales made on or | 28 |
| after July 1, 2003 and on or before
December 31, 2013 but | 29 |
| applies to 100% of the proceeds of sales made
thereafter.
| 30 |
| With respect to food for human consumption that is to be | 31 |
| consumed off the
premises where it is sold (other than | 32 |
| alcoholic beverages, soft drinks, and
food that has been | 33 |
| prepared for immediate consumption) and prescription and
| 34 |
| nonprescription medicines, drugs, medical appliances, | 35 |
| modifications to a motor
vehicle for the purpose of rendering | 36 |
| it usable by a disabled person, and
insulin, urine testing |
|
|
|
HB2354 |
- 3 - |
LRB094 10284 BDD 40553 b |
|
| 1 |
| materials, syringes, and needles used by diabetics, for
human | 2 |
| use, the tax is imposed at the rate of 1%. For the purposes of | 3 |
| this
Section, the term "soft drinks" means any complete, | 4 |
| finished, ready-to-use,
non-alcoholic drink, whether | 5 |
| carbonated or not, including but not limited to
soda water, | 6 |
| cola, fruit juice, vegetable juice, carbonated water, and all | 7 |
| other
preparations commonly known as soft drinks of whatever | 8 |
| kind or description that
are contained in any closed or sealed | 9 |
| bottle, can, carton, or container,
regardless of size. "Soft | 10 |
| drinks" does not include coffee, tea, non-carbonated
water, | 11 |
| infant formula, milk or milk products as defined in the Grade A
| 12 |
| Pasteurized Milk and Milk Products Act, or drinks containing | 13 |
| 50% or more
natural fruit or vegetable juice.
| 14 |
| Notwithstanding any other provisions of this
Act, "food for | 15 |
| human consumption that is to be consumed off the premises where
| 16 |
| it is sold" includes all food sold through a vending machine, | 17 |
| except soft
drinks and food products that are dispensed hot | 18 |
| from a vending machine,
regardless of the location of the | 19 |
| vending machine.
| 20 |
| If the property that is purchased at retail from a retailer | 21 |
| is acquired
outside Illinois and used outside Illinois before | 22 |
| being brought to Illinois
for use here and is taxable under | 23 |
| this Act, the "selling price" on which
the tax is computed | 24 |
| shall be reduced by an amount that represents a
reasonable | 25 |
| allowance for depreciation for the period of prior out-of-state | 26 |
| use.
| 27 |
| (Source: P.A. 93-17, eff. 6-11-03.)
|
|