Full Text of HB2479 95th General Assembly
HB2479 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2479
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John E. Bradley SYNOPSIS AS INTRODUCED: |
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Amends the Gas Use Tax Law. Makes a technical change in a Section
concerning self-assessing purchasers.
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A BILL FOR
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HB2479 |
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LRB095 00895 BDD 20897 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Gas Use Tax Law is amended by changing | 5 |
| Section 5-25 as follows:
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| (35 ILCS 173/5-25)
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| Sec. 5-25. Self-assessing purchaser; direct return and | 8 |
| payment of tax. Except for
purchasers who
have chosen the
the
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| alternate tax rate to be paid to a delivering supplier
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| maintaining a place
of business in this State,
the tax imposed | 11 |
| in Section 5-10 of
this
Law shall be
paid to the
Department | 12 |
| directly by each self-assessing purchaser who is subject to the | 13 |
| tax
imposed by
this
Law. Each self-assessing purchaser shall, | 14 |
| on or before the 15th day of each
month, make a
return to the
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| Department for the preceding calendar month, stating the | 16 |
| following:
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| (1) His or her name and principal address.
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| (2) The total number of therms used by him or her | 19 |
| during the preceding
calendar month and upon the basis of | 20 |
| which the tax is imposed.
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| (3) The purchase price of gas used by him or her during | 22 |
| the preceding
calendar month and upon the basis of which | 23 |
| the tax is imposed.
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| (4) Amount of tax (computed upon items 2 and 3).
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| (5) Such other reasonable information as the | 3 |
| Department may require.
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| In making such return, the self-assessing purchaser may use | 5 |
| any reasonable
method to
derive
reportable "therms" and | 6 |
| "purchase price" from his or her billing and payment
records.
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| If the average monthly liability of the self-assessing | 8 |
| purchaser to the
Department does
not
exceed $100, the | 9 |
| Department may authorize his or her returns to be filed on a
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| quarter-annual basis, with the return for January, February, | 11 |
| and March of a
given year
being due
by April 30 of such year; | 12 |
| with the return for April, May, and June of a given
year being
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| due by July 31 of such year; with the return for July, August, | 14 |
| and September of
a given
year being due by October 31 of such | 15 |
| year; and with the return for October,
November,
and December | 16 |
| of a given year being due by January 31 of the following year.
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| If the average monthly liability of the self-assessing | 18 |
| purchaser to the
Department does
not
exceed $20, the Department | 19 |
| may authorize his or her returns to be filed on a
annual basis,
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| with the return for a given year being due by January 31 of the | 21 |
| following year.
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| Such quarter-annual and annual returns, as to form and | 23 |
| substance, shall
be subject
to the same requirements as monthly | 24 |
| returns.
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| Notwithstanding any other provision in this Law concerning | 26 |
| the time
within which
a self-assessing purchaser may file his |
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| or her return, in the case of any such
self-assessing purchaser | 2 |
| who
ceases to
engage in a kind of business which makes him or | 3 |
| her responsible for filing
returns under
this Law, such person | 4 |
| shall file a final return under this Law with the
Department | 5 |
| not more
than one month after discontinuing such business.
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| Each self-assessing purchaser whose average monthly | 7 |
| liability to the
Department under
this Law
was $10,000 or more | 8 |
| during the preceding calendar year, excluding the month of
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| highest
liability and the month of lowest liability in such | 10 |
| calendar year, and who is
not operated
by a unit of local | 11 |
| government, shall make estimated payments to the Department
on | 12 |
| or
before the 7th, 15th, 22nd, and last day of the month during | 13 |
| which tax
liability
to the
Department is incurred in an amount | 14 |
| not less than the lower of either 22.5% of
such
person's actual | 15 |
| tax liability for the month or 25% of such person's actual tax
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| liability for the
same calendar month of the preceding year. | 17 |
| The amount of such quarter-monthly
payments shall be credited | 18 |
| against the final tax liability of the
self-assessing | 19 |
| purchaser's
return for that
month. Any outstanding credit, | 20 |
| approved by the Department, arising from the
self-assessing | 21 |
| purchaser's
overpayment of his or her final tax liability for | 22 |
| any month may be applied to
reduce the
amount of any subsequent | 23 |
| quarter-monthly payment or credited against the final
tax
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| liability of such self-assessing purchaser's return for any | 25 |
| subsequent month.
If any
quarter-monthly
payment is not paid at | 26 |
| the time or in the amount required by this Section, such
person
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| shall be liable for penalty and interest on the difference | 2 |
| between the minimum
amount
due as a payment and the amount of | 3 |
| such payment actually and timely paid,
except
insofar as such | 4 |
| person has previously made payments for that month to the
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| Department in
excess of the minimum payments previously due.
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| The self-assessing purchaser making the return provided | 7 |
| for in this Section
shall, at
the time of
making such return, | 8 |
| pay to the Department the amount of tax imposed by this
Law.
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| All
moneys received by the Department under this Law shall be | 10 |
| paid into the General
Revenue Fund in the State treasury.
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| (Source: P.A. 93-31, eff. 10-1-03.)
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