Full Text of HB6586 093rd General Assembly
HB6586 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6586
Introduced 02/09/04, by Jim Sacia SYNOPSIS AS INTRODUCED: |
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35 ILCS 105/9 |
from Ch. 120, par. 439.9 |
35 ILCS 120/3 |
from Ch. 120, par. 442 |
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Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that
a transaction reporting return for an item that must be titled or registered
that is transmitted by mail by the retailer and postmarked not later than 20
days after the date of delivery of the item that is being sold shall be deemed
to have been filed in accordance with the 20-day deadline for filing
transaction returns with the Department of Revenue. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6586 |
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LRB093 19871 SJM 45614 b |
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| AN ACT concerning taxes.
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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 Use Tax Act is amended by changing
Section 9 | 5 |
| as follows:
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| (35 ILCS 105/9) (from Ch. 120, par. 439.9)
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| 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
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| 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 | 17 |
| tax, keeping records, preparing
and filing returns, remitting | 18 |
| the tax and supplying data to the
Department on request. In the | 19 |
| case of retailers who report and pay the
tax on a transaction | 20 |
| by transaction basis, as provided in this Section,
such | 21 |
| discount shall be taken with each such tax remittance instead | 22 |
| of
when such retailer files his periodic return. A retailer | 23 |
| need not remit
that part of any tax collected by him to the | 24 |
| extent that he is required
to remit and does remit the tax | 25 |
| imposed by the Retailers' Occupation
Tax Act, with respect to | 26 |
| the sale of the same property.
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| Where such tangible personal property is sold under a | 28 |
| conditional
sales contract, or under any other form of sale | 29 |
| wherein the payment of
the principal sum, or a part thereof, is | 30 |
| extended beyond the close of
the period for which the return is | 31 |
| filed, the retailer, in collecting
the tax (except as to motor | 32 |
| vehicles, watercraft, aircraft, and
trailers that are required |
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LRB093 19871 SJM 45614 b |
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| to be registered with an agency of this State),
may collect for | 2 |
| each
tax return period, only the tax applicable to that part of | 3 |
| the selling
price actually received during such tax return | 4 |
| period.
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| Except as provided in this Section, on or before the | 6 |
| twentieth day of each
calendar month, such retailer shall file | 7 |
| a return for the preceding
calendar month. Such return shall be | 8 |
| filed on forms prescribed by the
Department and shall furnish | 9 |
| such information as the Department may
reasonably require.
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| The Department may require returns to be filed on a | 11 |
| quarterly basis.
If so required, a return for each calendar | 12 |
| quarter shall be filed on or
before the twentieth day of the | 13 |
| calendar month following the end of such
calendar quarter. The | 14 |
| taxpayer shall also file a return with the
Department for each | 15 |
| of the first two months of each calendar quarter, on or
before | 16 |
| the twentieth day of the following calendar month, stating:
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| 1. The name of the seller;
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| 2. The address of the principal place of business from | 19 |
| which he engages
in the business of selling tangible | 20 |
| personal property at retail in this State;
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| 3. The total amount of taxable receipts received by him | 22 |
| during the
preceding calendar month from sales of tangible | 23 |
| personal property by him
during such preceding calendar | 24 |
| month, including receipts from charge and
time sales, but | 25 |
| less all deductions allowed by law;
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| 4. The amount of credit provided in Section 2d of this | 27 |
| Act;
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| 5. The amount of tax due;
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| 5-5. The signature of the taxpayer; and
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| 6. Such other reasonable information as the Department | 31 |
| may
require.
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| If a taxpayer fails to sign a return within 30 days after | 33 |
| the proper notice
and demand for signature by the Department, | 34 |
| the return shall be considered
valid and any amount shown to be | 35 |
| due on the return shall be deemed assessed.
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| Beginning October 1, 1993, a taxpayer who has an average |
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LRB093 19871 SJM 45614 b |
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| monthly tax
liability of $150,000 or more shall make all | 2 |
| payments required by rules of the
Department by electronic | 3 |
| funds transfer. Beginning October 1, 1994, a taxpayer
who has | 4 |
| an average monthly tax liability of $100,000 or more shall make | 5 |
| all
payments required by rules of the Department by electronic | 6 |
| funds transfer.
Beginning October 1, 1995, a taxpayer who has | 7 |
| an average monthly tax liability
of $50,000 or more shall make | 8 |
| all payments required by rules of the Department
by electronic | 9 |
| funds transfer. Beginning October 1, 2000, a taxpayer who has
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| an annual tax liability of $200,000 or more shall make all | 11 |
| payments required by
rules of the Department by electronic | 12 |
| funds transfer. The term "annual tax
liability" shall be the | 13 |
| sum of the taxpayer's liabilities under this Act, and
under all | 14 |
| other State and local occupation and use tax laws administered | 15 |
| by the
Department, for the immediately preceding calendar year. | 16 |
| The term "average
monthly tax liability" means
the sum of the | 17 |
| taxpayer's liabilities under this Act, and under all other | 18 |
| State
and local occupation and use tax laws administered by the | 19 |
| Department, for the
immediately preceding calendar year | 20 |
| divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 21 |
| a tax liability in the
amount set forth in subsection (b) of | 22 |
| Section 2505-210 of the Department of
Revenue Law shall make | 23 |
| all payments required by rules of the Department by
electronic | 24 |
| funds transfer.
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| Before August 1 of each year beginning in 1993, the | 26 |
| Department shall notify
all taxpayers required to make payments | 27 |
| by electronic funds transfer. All
taxpayers required to make | 28 |
| payments by electronic funds transfer shall make
those payments | 29 |
| for a minimum of one year beginning on October 1.
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| Any taxpayer not required to make payments by electronic | 31 |
| funds transfer may
make payments by electronic funds transfer | 32 |
| with the permission of the
Department.
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| All taxpayers required to make payment by electronic funds | 34 |
| transfer and any
taxpayers authorized to voluntarily make | 35 |
| payments by electronic funds transfer
shall make those payments | 36 |
| in the manner authorized by the Department.
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| The Department shall adopt such rules as are necessary to | 2 |
| effectuate a
program of electronic funds transfer and the | 3 |
| requirements of this Section.
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| Before October 1, 2000, if the taxpayer's average monthly | 5 |
| tax liability
to the Department
under this Act, the Retailers' | 6 |
| Occupation Tax Act, the Service
Occupation Tax Act, the Service | 7 |
| Use Tax Act was $10,000 or more
during
the preceding 4 complete | 8 |
| calendar quarters, he shall file a return with the
Department | 9 |
| each month by the 20th day of the month next following the | 10 |
| month
during which such tax liability is incurred and shall | 11 |
| make payments to the
Department on or before the 7th, 15th, | 12 |
| 22nd and last day of the month
during which such liability is | 13 |
| incurred.
On and after October 1, 2000, if the taxpayer's | 14 |
| average monthly tax liability
to the Department under this Act, | 15 |
| the Retailers' Occupation Tax Act,
the
Service Occupation Tax | 16 |
| Act, and the Service Use Tax Act was $20,000 or more
during the | 17 |
| preceding 4 complete calendar quarters, he shall file a return | 18 |
| with
the Department each month by the 20th day of the month | 19 |
| next following the month
during which such tax liability is | 20 |
| incurred and shall make payment to the
Department on or before | 21 |
| the 7th, 15th, 22nd and last day of the
month during
which such | 22 |
| liability is incurred.
If the month during which such tax
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| liability is incurred began prior to January 1, 1985, each | 24 |
| payment shall be
in an amount equal to 1/4 of the taxpayer's
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| actual liability for the month or an amount set by the | 26 |
| Department not to
exceed 1/4 of the average monthly liability | 27 |
| of the taxpayer to the
Department for the preceding 4 complete | 28 |
| calendar quarters (excluding the
month of highest liability and | 29 |
| the month of lowest liability in such 4
quarter period). If the | 30 |
| month during which such tax liability is incurred
begins on or | 31 |
| after January 1, 1985, and prior to January 1, 1987, each
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| payment shall be in an amount equal to 22.5% of the taxpayer's | 33 |
| actual liability
for the month or 27.5% of the taxpayer's | 34 |
| liability for the same calendar
month of the preceding year. If | 35 |
| the month during which such tax liability
is incurred begins on | 36 |
| or after January 1, 1987, and prior to January 1,
1988, each |
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| payment shall be in an amount equal to 22.5% of the taxpayer's
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| actual liability for the month or 26.25% of the taxpayer's | 3 |
| liability for
the same calendar month of the preceding year. If | 4 |
| the month during which such
tax liability is incurred begins on | 5 |
| or after January 1, 1988, and prior to
January 1, 1989,
or | 6 |
| begins on or after January 1, 1996, each payment shall be in an | 7 |
| amount equal
to 22.5% of the taxpayer's actual liability for | 8 |
| the month or 25% of the
taxpayer's liability for the same | 9 |
| calendar month of the preceding year. If the
month during which | 10 |
| such tax liability is incurred begins on or after January 1,
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| 1989,
and prior to January 1, 1996, each payment shall be in an | 12 |
| amount equal to 22.5%
of the taxpayer's actual liability for | 13 |
| the month or 25% of the taxpayer's
liability for the same | 14 |
| calendar month of the preceding year or 100% of the
taxpayer's | 15 |
| actual liability for the quarter monthly reporting period. The
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| amount of such quarter monthly payments shall be credited | 17 |
| against the final tax
liability
of the taxpayer's return for | 18 |
| that month. Before October 1, 2000, once
applicable, the | 19 |
| requirement
of the making of quarter monthly payments to the | 20 |
| Department shall continue
until such taxpayer's average | 21 |
| monthly liability to the Department during
the preceding 4 | 22 |
| complete calendar quarters (excluding the month of highest
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| liability and the month of lowest liability) is less than
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| $9,000, or until
such taxpayer's average monthly liability to | 25 |
| the Department as computed for
each calendar quarter of the 4 | 26 |
| preceding complete calendar quarter period
is less than | 27 |
| $10,000. However, if a taxpayer can show the
Department that
a | 28 |
| substantial change in the taxpayer's business has occurred | 29 |
| which causes
the taxpayer to anticipate that his average | 30 |
| monthly tax liability for the
reasonably foreseeable future | 31 |
| will fall below the $10,000 threshold
stated above, then
such | 32 |
| taxpayer
may petition the Department for change in such | 33 |
| taxpayer's reporting status.
On and after October 1, 2000, once | 34 |
| applicable, the requirement of the making
of quarter monthly | 35 |
| payments to the Department shall continue until such
taxpayer's | 36 |
| average monthly liability to the Department during the |
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LRB093 19871 SJM 45614 b |
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| preceding 4
complete calendar quarters (excluding the month of | 2 |
| highest liability and the
month of lowest liability) is less | 3 |
| than $19,000 or until such taxpayer's
average monthly liability | 4 |
| to the Department as computed for each calendar
quarter of the | 5 |
| 4 preceding complete calendar quarter period is less than
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| $20,000. However, if a taxpayer can show the Department that a | 7 |
| substantial
change in the taxpayer's business has occurred | 8 |
| which causes the taxpayer to
anticipate that his average | 9 |
| monthly tax liability for the reasonably
foreseeable future | 10 |
| will fall below the $20,000 threshold stated above, then
such | 11 |
| taxpayer may petition the Department for a change in such | 12 |
| taxpayer's
reporting status.
The Department shall change such | 13 |
| taxpayer's reporting status unless it
finds that such change is | 14 |
| seasonal in nature and not likely to be long
term. If any such | 15 |
| quarter monthly payment is not paid at the time or in
the | 16 |
| amount required by this Section, then the taxpayer shall be | 17 |
| liable for
penalties and interest on
the difference between the | 18 |
| minimum amount due and the amount of such
quarter monthly | 19 |
| payment actually and timely paid, except insofar as the
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| taxpayer has previously made payments for that month to the | 21 |
| Department in
excess of the minimum payments previously due as | 22 |
| provided in this Section.
The Department shall make reasonable | 23 |
| rules and regulations to govern the
quarter monthly payment | 24 |
| amount and quarter monthly payment dates for
taxpayers who file | 25 |
| on other than a calendar monthly basis.
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| If any such payment provided for in this Section exceeds | 27 |
| the taxpayer's
liabilities under this Act, the Retailers' | 28 |
| Occupation Tax Act, the Service
Occupation Tax Act and the | 29 |
| Service Use Tax Act, as shown by an original
monthly return, | 30 |
| the Department shall issue to the taxpayer a credit
memorandum | 31 |
| no later than 30 days after the date of payment, which
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| memorandum may be submitted by the taxpayer to the Department | 33 |
| in payment of
tax liability subsequently to be remitted by the | 34 |
| taxpayer to the Department
or be assigned by the taxpayer to a | 35 |
| similar taxpayer under this Act, the
Retailers' Occupation Tax | 36 |
| Act, the Service Occupation Tax Act or the
Service Use Tax Act, |
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| in accordance with reasonable rules and regulations to
be | 2 |
| prescribed by the Department, except that if such excess | 3 |
| payment is
shown on an original monthly return and is made | 4 |
| after December 31, 1986, no
credit memorandum shall be issued, | 5 |
| unless requested by the taxpayer. If no
such request is made, | 6 |
| the taxpayer may credit such excess payment against
tax | 7 |
| liability subsequently to be remitted by the taxpayer to the | 8 |
| Department
under this Act, the Retailers' Occupation Tax Act, | 9 |
| the Service Occupation
Tax Act or the Service Use Tax Act, in | 10 |
| accordance with reasonable rules and
regulations prescribed by | 11 |
| the Department. If the Department subsequently
determines that | 12 |
| all or any part of the credit taken was not actually due to
the | 13 |
| taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | 14 |
| be
reduced by 2.1% or 1.75% of the difference between the | 15 |
| credit taken and
that actually due, and the taxpayer shall be | 16 |
| liable for penalties and
interest on such difference.
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| If the retailer is otherwise required to file a monthly | 18 |
| return and if the
retailer's average monthly tax liability to | 19 |
| the Department
does not exceed $200, the Department may | 20 |
| authorize his returns to be
filed on a quarter annual basis, | 21 |
| with the return for January, February,
and March of a given | 22 |
| year being due by April 20 of such year; with the
return for | 23 |
| April, May and June of a given year being due by July 20 of
such | 24 |
| year; with the return for July, August and September of a given
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| year being due by October 20 of such year, and with the return | 26 |
| for
October, November and December of a given year being due by | 27 |
| January 20
of the following year.
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| If the retailer is otherwise required to file a monthly or | 29 |
| quarterly
return and if the retailer's average monthly tax | 30 |
| liability to the
Department does not exceed $50, the Department | 31 |
| may authorize his returns to
be filed on an annual basis, with | 32 |
| the return for a given year being due by
January 20 of the | 33 |
| following year.
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| Such quarter annual and annual returns, as to form and | 35 |
| substance,
shall be subject to the same requirements as monthly | 36 |
| returns.
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| Notwithstanding any other provision in this Act concerning | 2 |
| the time
within which a retailer may file his return, in the | 3 |
| case of any retailer
who ceases to engage in a kind of business | 4 |
| which makes him responsible
for filing returns under this Act, | 5 |
| such retailer shall file a final
return under this Act with the | 6 |
| Department not more than one month after
discontinuing such | 7 |
| business.
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| In addition, with respect to motor vehicles, watercraft,
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| aircraft, and trailers that are required to be registered with | 10 |
| an agency of
this State, every
retailer selling this kind of | 11 |
| tangible personal property shall file,
with the Department, | 12 |
| upon a form to be prescribed and supplied by the
Department, a | 13 |
| separate return for each such item of tangible personal
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| property which the retailer sells, except that if, in the same
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| transaction, (i) a retailer of aircraft, watercraft, motor | 16 |
| vehicles or
trailers transfers more than
one aircraft, | 17 |
| watercraft, motor
vehicle or trailer to another aircraft, | 18 |
| watercraft, motor vehicle or
trailer retailer for the purpose | 19 |
| of resale
or (ii) a retailer of aircraft, watercraft, motor | 20 |
| vehicles, or trailers
transfers more than one aircraft, | 21 |
| watercraft, motor vehicle, or trailer to a
purchaser for use as | 22 |
| a qualifying rolling stock as provided in Section 3-55 of
this | 23 |
| Act, then
that seller may report the transfer of all the
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| aircraft, watercraft, motor
vehicles
or trailers involved in | 25 |
| that transaction to the Department on the same
uniform
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| invoice-transaction reporting return form.
For purposes of | 27 |
| this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | 28 |
| watercraft as defined in Section 3-2 of the Boat Registration | 29 |
| and Safety Act,
a
personal watercraft, or any boat equipped | 30 |
| with an inboard motor.
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| The transaction reporting return in the case of motor | 32 |
| vehicles
or trailers that are required to be registered with an | 33 |
| agency of this
State, shall
be the same document as the Uniform | 34 |
| Invoice referred to in Section 5-402
of the Illinois Vehicle | 35 |
| Code and must show the name and address of the
seller; the name | 36 |
| and address of the purchaser; the amount of the selling
price |
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LRB093 19871 SJM 45614 b |
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| including the amount allowed by the retailer for traded-in
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| property, if any; the amount allowed by the retailer for the | 3 |
| traded-in
tangible personal property, if any, to the extent to | 4 |
| which Section 2 of
this Act allows an exemption for the value | 5 |
| of traded-in property; the
balance payable after deducting such | 6 |
| trade-in allowance from the total
selling price; the amount of | 7 |
| tax due from the retailer with respect to
such transaction; the | 8 |
| amount of tax collected from the purchaser by the
retailer on | 9 |
| such transaction (or satisfactory evidence that such tax is
not | 10 |
| due in that particular instance, if that is claimed to be the | 11 |
| fact);
the place and date of the sale; a sufficient | 12 |
| identification of the
property sold; such other information as | 13 |
| is required in Section 5-402 of
the Illinois Vehicle Code, and | 14 |
| such other information as the Department
may reasonably | 15 |
| require.
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| The transaction reporting return in the case of watercraft
| 17 |
| and aircraft must show
the name and address of the seller; the | 18 |
| name and address of the
purchaser; the amount of the selling | 19 |
| price including the amount allowed
by the retailer for | 20 |
| traded-in property, if any; the amount allowed by
the retailer | 21 |
| for the traded-in tangible personal property, if any, to
the | 22 |
| extent to which Section 2 of this Act allows an exemption for | 23 |
| the
value of traded-in property; the balance payable after | 24 |
| deducting such
trade-in allowance from the total selling price; | 25 |
| the amount of tax due
from the retailer with respect to such | 26 |
| transaction; the amount of tax
collected from the purchaser by | 27 |
| the retailer on such transaction (or
satisfactory evidence that | 28 |
| such tax is not due in that particular
instance, if that is | 29 |
| claimed to be the fact); the place and date of the
sale, a | 30 |
| sufficient identification of the property sold, and such other
| 31 |
| information as the Department may reasonably require.
| 32 |
| Such transaction reporting return shall be filed not later | 33 |
| than 20
days after the date of delivery of the item that is | 34 |
| being sold, but may
be filed by the retailer at any time sooner | 35 |
| than that if he chooses to
do so. The transaction reporting | 36 |
| return and tax remittance or proof of
exemption from the tax |
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| that is imposed by this Act may be transmitted to
the | 2 |
| Department by way of the State agency with which, or State | 3 |
| officer
with whom, the tangible personal property must be | 4 |
| titled or registered
(if titling or registration is required) | 5 |
| if the Department and such
agency or State officer determine | 6 |
| that this procedure will expedite the
processing of | 7 |
| applications for title or registration. A transaction
| 8 |
| reporting return that is transmitted by mail by the retailer | 9 |
| and postmarked not
later than
20 days after the
date of | 10 |
| delivery of the item that is being sold
shall
be deemed to have | 11 |
| been filed in accordance with the 20-day deadline created in
| 12 |
| this
paragraph.
| 13 |
| With each such transaction reporting return, the retailer | 14 |
| shall remit
the proper amount of tax due (or shall submit | 15 |
| satisfactory evidence that
the sale is not taxable if that is | 16 |
| the case), to the Department or its
agents, whereupon the | 17 |
| Department shall issue, in the purchaser's name, a
tax receipt | 18 |
| (or a certificate of exemption if the Department is
satisfied | 19 |
| that the particular sale is tax exempt) which such purchaser
| 20 |
| may submit to the agency with which, or State officer with | 21 |
| whom, he must
title or register the tangible personal property | 22 |
| that is involved (if
titling or registration is required) in | 23 |
| support of such purchaser's
application for an Illinois | 24 |
| certificate or other evidence of title or
registration to such | 25 |
| tangible personal property.
| 26 |
| No retailer's failure or refusal to remit tax under this | 27 |
| Act
precludes a user, who has paid the proper tax to the | 28 |
| retailer, from
obtaining his certificate of title or other | 29 |
| evidence of title or
registration (if titling or registration | 30 |
| is required) upon satisfying
the Department that such user has | 31 |
| paid the proper tax (if tax is due) to
the retailer. The | 32 |
| Department shall adopt appropriate rules to carry out
the | 33 |
| mandate of this paragraph.
| 34 |
| If the user who would otherwise pay tax to the retailer | 35 |
| wants the
transaction reporting return filed and the payment of | 36 |
| tax or proof of
exemption made to the Department before the |
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| retailer is willing to take
these actions and such user has not | 2 |
| paid the tax to the retailer, such
user may certify to the fact | 3 |
| of such delay by the retailer, and may
(upon the Department | 4 |
| being satisfied of the truth of such certification)
transmit | 5 |
| the information required by the transaction reporting return
| 6 |
| and the remittance for tax or proof of exemption directly to | 7 |
| the
Department and obtain his tax receipt or exemption | 8 |
| determination, in
which event the transaction reporting return | 9 |
| and tax remittance (if a
tax payment was required) shall be | 10 |
| credited by the Department to the
proper retailer's account | 11 |
| with the Department, but without the 2.1% or 1.75%
discount | 12 |
| provided for in this Section being allowed. When the user pays
| 13 |
| the tax directly to the Department, he shall pay the tax in the | 14 |
| same
amount and in the same form in which it would be remitted | 15 |
| if the tax had
been remitted to the Department by the retailer.
| 16 |
| Where a retailer collects the tax with respect to the | 17 |
| selling price
of tangible personal property which he sells and | 18 |
| the purchaser
thereafter returns such tangible personal | 19 |
| property and the retailer
refunds the selling price thereof to | 20 |
| the purchaser, such retailer shall
also refund, to the | 21 |
| purchaser, the tax so collected from the purchaser.
When filing | 22 |
| his return for the period in which he refunds such tax to
the | 23 |
| purchaser, the retailer may deduct the amount of the tax so | 24 |
| refunded
by him to the purchaser from any other use tax which | 25 |
| such retailer may
be required to pay or remit to the | 26 |
| Department, as shown by such return,
if the amount of the tax | 27 |
| to be deducted was previously remitted to the
Department by | 28 |
| such retailer. If the retailer has not previously
remitted the | 29 |
| amount of such tax to the Department, he is entitled to no
| 30 |
| deduction under this Act upon refunding such tax to the | 31 |
| purchaser.
| 32 |
| Any retailer filing a return under this Section shall also | 33 |
| include
(for the purpose of paying tax thereon) the total tax | 34 |
| covered by such
return upon the selling price of tangible | 35 |
| personal property purchased by
him at retail from a retailer, | 36 |
| but as to which the tax imposed by this
Act was not collected |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| from the retailer filing such return, and such
retailer shall | 2 |
| remit the amount of such tax to the Department when
filing such | 3 |
| return.
| 4 |
| If experience indicates such action to be practicable, the | 5 |
| Department
may prescribe and furnish a combination or joint | 6 |
| return which will
enable retailers, who are required to file | 7 |
| returns hereunder and also
under the Retailers' Occupation Tax | 8 |
| Act, to furnish all the return
information required by both | 9 |
| Acts on the one form.
| 10 |
| Where the retailer has more than one business registered | 11 |
| with the
Department under separate registration under this Act, | 12 |
| such retailer may
not file each return that is due as a single | 13 |
| return covering all such
registered businesses, but shall file | 14 |
| separate returns for each such
registered business.
| 15 |
| Beginning January 1, 1990, each month the Department shall | 16 |
| pay into the
State and Local Sales Tax Reform Fund, a special | 17 |
| fund in the State Treasury
which is hereby created, the net | 18 |
| revenue realized for the preceding month
from the 1% tax on | 19 |
| sales of food for human consumption which is to be
consumed off | 20 |
| the premises where it is sold (other than alcoholic beverages,
| 21 |
| soft drinks and food which has been prepared for immediate | 22 |
| consumption) and
prescription and nonprescription medicines, | 23 |
| drugs, medical appliances and
insulin, urine testing | 24 |
| materials, syringes and needles used by diabetics.
| 25 |
| Beginning January 1, 1990, each month the Department shall | 26 |
| pay into
the County and Mass Transit District Fund 4% of the | 27 |
| net revenue realized
for the preceding month from the 6.25% | 28 |
| general rate
on the selling price of tangible personal property | 29 |
| which is purchased
outside Illinois at retail from a retailer | 30 |
| and which is titled or
registered by an agency of this State's | 31 |
| government.
| 32 |
| Beginning January 1, 1990, each month the Department shall | 33 |
| pay into
the State and Local Sales Tax Reform Fund, a special | 34 |
| fund in the State
Treasury, 20% of the net revenue realized
for | 35 |
| the preceding month from the 6.25% general rate on the selling
| 36 |
| price of tangible personal property, other than tangible |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| personal property
which is purchased outside Illinois at retail | 2 |
| from a retailer and which is
titled or registered by an agency | 3 |
| of this State's government.
| 4 |
| Beginning August 1, 2000, each
month the Department shall | 5 |
| pay into the
State and Local Sales Tax Reform Fund 100% of the | 6 |
| net revenue realized for the
preceding month from the 1.25% | 7 |
| rate on the selling price of motor fuel and
gasohol.
| 8 |
| Beginning January 1, 1990, each month the Department shall | 9 |
| pay into
the Local Government Tax Fund 16% of the net revenue | 10 |
| realized for the
preceding month from the 6.25% general rate on | 11 |
| the selling price of
tangible personal property which is | 12 |
| purchased outside Illinois at retail
from a retailer and which | 13 |
| is titled or registered by an agency of this
State's | 14 |
| government.
| 15 |
| Of the remainder of the moneys received by the Department | 16 |
| pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | 17 |
| Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | 18 |
| and after July 1, 1989, 3.8% thereof shall be paid into the
| 19 |
| Build Illinois Fund; provided, however, that if in any fiscal | 20 |
| year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | 21 |
| may be, of the
moneys received by the Department and required | 22 |
| to be paid into the Build
Illinois Fund pursuant to Section 3 | 23 |
| of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | 24 |
| Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | 25 |
| Service Occupation Tax Act, such Acts being
hereinafter called | 26 |
| the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | 27 |
| may be, of moneys being hereinafter called the "Tax Act | 28 |
| Amount",
and (2) the amount transferred to the Build Illinois | 29 |
| Fund from the State
and Local Sales Tax Reform Fund shall be | 30 |
| less than the Annual Specified
Amount (as defined in Section 3 | 31 |
| of the Retailers' Occupation Tax Act), an
amount equal to the | 32 |
| difference shall be immediately paid into the Build
Illinois | 33 |
| Fund from other moneys received by the Department pursuant to | 34 |
| the
Tax Acts; and further provided, that if on the last | 35 |
| business day of any
month the sum of (1) the Tax Act Amount | 36 |
| required to be deposited into the
Build Illinois Bond Account |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| in the 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 | 27 |
| aggregate of the moneys deposited
in the Build Illinois Bond | 28 |
| Account in the Build Illinois Fund in such month
shall be less | 29 |
| than the amount required to be transferred in such month from
| 30 |
| the Build Illinois Bond Account to the Build Illinois Bond | 31 |
| Retirement and
Interest Fund pursuant to Section 13 of the | 32 |
| Build Illinois Bond Act, an
amount equal to such deficiency | 33 |
| shall be immediately paid
from other moneys received by the | 34 |
| Department pursuant to the Tax Acts
to the Build Illinois Fund; | 35 |
| provided, however, that any amounts paid to the
Build Illinois | 36 |
| Fund in any fiscal year pursuant to this sentence shall be
|
|
|
|
HB6586 |
- 15 - |
LRB093 19871 SJM 45614 b |
|
| 1 |
| deemed to constitute payments pursuant to clause (b) of the | 2 |
| preceding
sentence and shall reduce the amount otherwise | 3 |
| payable for such fiscal year
pursuant to clause (b) of the | 4 |
| preceding sentence. The moneys received by
the Department | 5 |
| pursuant to this Act and required to be deposited into the
| 6 |
| Build Illinois Fund are subject to the pledge, claim and charge | 7 |
| set forth
in Section 12 of the Build Illinois Bond Act.
| 8 |
| Subject to payment of amounts into the Build Illinois Fund | 9 |
| as provided in
the preceding paragraph or in any amendment | 10 |
| thereto hereafter enacted, the
following specified monthly | 11 |
| installment of the amount requested in the
certificate of the | 12 |
| Chairman of the Metropolitan Pier and Exposition
Authority | 13 |
| provided under Section 8.25f of the State Finance Act, but not | 14 |
| in
excess of the sums designated as "Total Deposit", shall be
| 15 |
| deposited in the aggregate from collections under Section 9 of | 16 |
| the Use Tax
Act, Section 9 of the Service Use Tax Act, Section | 17 |
| 9 of the Service
Occupation Tax Act, and Section 3 of the | 18 |
| Retailers' Occupation Tax Act into
the McCormick Place | 19 |
| Expansion Project Fund in the specified fiscal years.
|
|
20 | | Fiscal Year |
|
Total Deposit |
|
21 | | 1993 |
|
$0 |
|
22 | | 1994 |
|
53,000,000 |
|
23 | | 1995 |
|
58,000,000 |
|
24 | | 1996 |
|
61,000,000 |
|
25 | | 1997 |
|
64,000,000 |
|
26 | | 1998 |
|
68,000,000 |
|
27 | | 1999 |
|
71,000,000 |
|
28 | | 2000 |
|
75,000,000 |
|
29 | | 2001 |
|
80,000,000 |
|
30 | | 2002 |
|
93,000,000 |
|
31 | | 2003 |
|
99,000,000 |
|
32 | | 2004 |
|
103,000,000 |
|
33 | | 2005 |
|
108,000,000 |
|
34 | | 2006 |
|
113,000,000 |
|
35 | | 2007 |
|
119,000,000 |
|
|
|
|
|
HB6586 |
- 16 - |
LRB093 19871 SJM 45614 b |
|
| 1 | | 2008 |
|
126,000,000 |
|
2 | | 2009 |
|
132,000,000 |
|
3 | | 2010 |
|
139,000,000 |
|
4 | | 2011 |
|
146,000,000 |
|
5 | | 2012 |
|
153,000,000 |
|
6 | | 2013 |
|
161,000,000 |
|
7 | | 2014 |
|
170,000,000 |
|
8 | | 2015 |
|
179,000,000 |
|
9 | | 2016 |
|
189,000,000 |
|
10 | | 2017 |
|
199,000,000 |
|
11 | | 2018 |
|
210,000,000 |
|
12 | | 2019 |
|
221,000,000 |
|
13 | | 2020 |
|
233,000,000 |
|
14 | | 2021 |
|
246,000,000 |
|
15 | | 2022 |
|
260,000,000 |
|
16 | | 2023 and |
|
275,000,000 |
|
17 | | each fiscal year | | |
|
18 | | thereafter that bonds | | |
|
19 | | are outstanding under | | |
|
20 | | Section 13.2 of the | | |
|
21 | | Metropolitan Pier and | | |
|
22 | | Exposition Authority Act, | | |
|
23 | | but not after fiscal year 2042. | | |
| 24 |
| Beginning July 20, 1993 and in each month of each fiscal | 25 |
| year thereafter,
one-eighth of the amount requested in the | 26 |
| certificate of the Chairman of
the Metropolitan Pier and | 27 |
| Exposition Authority for that fiscal year, less
the amount | 28 |
| deposited into the McCormick Place Expansion Project Fund by | 29 |
| the
State Treasurer in the respective month under subsection | 30 |
| (g) of Section 13
of the Metropolitan Pier and Exposition | 31 |
| Authority Act, plus cumulative
deficiencies in the deposits | 32 |
| required under this Section for previous
months and years, | 33 |
| shall be deposited into the McCormick Place Expansion
Project | 34 |
| Fund, until the full amount requested for the fiscal year, but | 35 |
| not
in excess of the amount specified above as "Total Deposit", | 36 |
| has been deposited.
|
|
|
|
HB6586 |
- 17 - |
LRB093 19871 SJM 45614 b |
|
| 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 July 1, 1993, the Department shall each | 5 |
| month pay into the Illinois
Tax Increment Fund 0.27% of 80% of | 6 |
| the net revenue realized for the preceding
month from the 6.25% | 7 |
| general rate on the selling price of tangible personal
| 8 |
| property.
| 9 |
| Subject to payment of amounts into the Build Illinois Fund | 10 |
| and the
McCormick Place Expansion Project Fund pursuant to the | 11 |
| preceding paragraphs or in any
amendments thereto hereafter | 12 |
| enacted, beginning with the receipt of the first
report of | 13 |
| taxes paid by an eligible business and continuing for a 25-year
| 14 |
| period, the Department shall each month pay into the Energy | 15 |
| Infrastructure
Fund 80% of the net revenue realized from the | 16 |
| 6.25% general rate on the
selling price of Illinois-mined coal | 17 |
| that was sold to an eligible business.
For purposes of this | 18 |
| paragraph, the term "eligible business" means a new
electric | 19 |
| generating facility certified pursuant to Section 605-332 of | 20 |
| the
Department of Commerce and
Economic Opportunity
Community | 21 |
| Affairs Law of the Civil Administrative
Code of Illinois.
| 22 |
| Of the remainder of the moneys received by the Department | 23 |
| pursuant
to this Act, 75% thereof shall be paid into the State | 24 |
| Treasury and 25%
shall be reserved in a special account and | 25 |
| used only for the transfer to
the Common School Fund as part of | 26 |
| the monthly transfer from the General
Revenue Fund in | 27 |
| accordance with Section 8a of the State
Finance Act.
| 28 |
| As soon as possible after the first day of each month, upon | 29 |
| certification
of the Department of Revenue, the Comptroller | 30 |
| shall order transferred and
the Treasurer shall transfer from | 31 |
| the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 32 |
| equal to 1.7% of 80% of the net revenue realized
under this Act | 33 |
| for the second preceding month.
Beginning April 1, 2000, this | 34 |
| transfer is no longer required
and shall not be made.
| 35 |
| Net revenue realized for a month shall be the revenue | 36 |
| collected
by the State pursuant to this Act, less the amount |
|
|
|
HB6586 |
- 18 - |
LRB093 19871 SJM 45614 b |
|
| 1 |
| paid out during that
month as refunds to taxpayers for | 2 |
| overpayment of liability.
| 3 |
| For greater simplicity of administration, manufacturers, | 4 |
| importers
and wholesalers whose products are sold at retail in | 5 |
| Illinois by
numerous retailers, and who wish to do so, may | 6 |
| assume the responsibility
for accounting and paying to the | 7 |
| Department all tax accruing under this
Act with respect to such | 8 |
| sales, if the retailers who are affected do not
make written | 9 |
| objection to the Department to this arrangement.
| 10 |
| (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, | 11 |
| eff. 7-12-99;
91-541, eff. 8-13-99; 91-872, eff. 7-1-00; | 12 |
| 91-901, eff. 1-1-01; 92-12, eff.
7-1-01; 92-16, eff. 6-28-01; | 13 |
| 92-208, eff. 8-2-01; 92-492, eff. 1-1-02; 92-600,
eff. 6-28-02; | 14 |
| 92-651, eff. 7-11-02; revised 10-15-03 .)
| 15 |
| Section 10. The Retailers' Occupation Tax Act is amended by | 16 |
| changing Section
3 as follows:
| 17 |
| (35 ILCS 120/3) (from Ch. 120, par. 442)
| 18 |
| Sec. 3. Except as provided in this Section, on or before | 19 |
| the twentieth
day of each calendar month, every person engaged | 20 |
| in the business of
selling tangible personal property at retail | 21 |
| in this State during the
preceding calendar month shall file a | 22 |
| return with the Department, stating:
| 23 |
| 1. The name of the seller;
| 24 |
| 2. His residence address and the address of his | 25 |
| principal place of
business and the address of the | 26 |
| principal place of business (if that is
a different | 27 |
| address) from which he engages in the business of selling
| 28 |
| tangible personal property at retail in this State;
| 29 |
| 3. Total amount of receipts received by him during the | 30 |
| preceding
calendar month or quarter, as the case may be, | 31 |
| from sales of tangible
personal property, and from services | 32 |
| furnished, by him during such
preceding calendar month or | 33 |
| quarter;
| 34 |
| 4. Total amount received by him during the preceding |
|
|
|
HB6586 |
- 19 - |
LRB093 19871 SJM 45614 b |
|
| 1 |
| calendar month or
quarter on charge and time sales of | 2 |
| tangible personal property, and from
services furnished, | 3 |
| by him prior to the month or quarter for which the return
| 4 |
| is filed;
| 5 |
| 5. Deductions allowed by law;
| 6 |
| 6. Gross receipts which were received by him during the | 7 |
| preceding
calendar month or quarter and upon the basis of | 8 |
| which the tax is imposed;
| 9 |
| 7. The amount of credit provided in Section 2d of this | 10 |
| Act;
| 11 |
| 8. The amount of tax due;
| 12 |
| 9. The signature of the taxpayer; and
| 13 |
| 10. Such other reasonable information as the | 14 |
| Department may require.
| 15 |
| If a taxpayer fails to sign a return within 30 days after | 16 |
| the proper notice
and demand for signature by the Department, | 17 |
| the return shall be considered
valid and any amount shown to be | 18 |
| due on the return shall be deemed assessed.
| 19 |
| Each return shall be accompanied by the statement of | 20 |
| prepaid tax issued
pursuant to Section 2e for which credit is | 21 |
| claimed.
| 22 |
| Prior to October 1, 2003, a retailer may accept a | 23 |
| Manufacturer's Purchase
Credit
certification from a purchaser | 24 |
| in satisfaction of Use Tax
as provided in Section 3-85 of the | 25 |
| Use Tax Act if the purchaser provides the
appropriate | 26 |
| documentation as required by Section 3-85
of the Use Tax Act. A | 27 |
| Manufacturer's Purchase Credit
certification, accepted by a | 28 |
| retailer prior to October 1, 2003 as provided
in
Section 3-85 | 29 |
| of the Use Tax Act, may be used by that retailer to
satisfy | 30 |
| Retailers' Occupation Tax liability in the amount claimed in
| 31 |
| the certification, not to exceed 6.25% of the receipts
subject | 32 |
| to tax from a qualifying purchase. A Manufacturer's Purchase | 33 |
| Credit
reported on any original or amended return
filed under
| 34 |
| this Act after October 20, 2003 shall be disallowed. No | 35 |
| Manufacturer's
Purchase Credit may be used after September 30, | 36 |
| 2003 to
satisfy any
tax liability imposed under this Act, |
|
|
|
HB6586 |
- 20 - |
LRB093 19871 SJM 45614 b |
|
| 1 |
| including any audit liability.
| 2 |
| The Department may require returns to be filed on a | 3 |
| quarterly basis.
If so required, a return for each calendar | 4 |
| quarter shall be filed on or
before the twentieth day of the | 5 |
| calendar month following the end of such
calendar quarter. The | 6 |
| taxpayer shall also file a return with the
Department for each | 7 |
| of the first two months of each calendar quarter, on or
before | 8 |
| the twentieth day of the following calendar month, stating:
| 9 |
| 1. The name of the seller;
| 10 |
| 2. The address of the principal place of business from | 11 |
| which he engages
in the business of selling tangible | 12 |
| personal property at retail in this State;
| 13 |
| 3. The total amount of taxable receipts received by him | 14 |
| during the
preceding calendar month from sales of tangible | 15 |
| personal property by him
during such preceding calendar | 16 |
| month, including receipts from charge and
time sales, but | 17 |
| less all deductions allowed by law;
| 18 |
| 4. The amount of credit provided in Section 2d of this | 19 |
| Act;
| 20 |
| 5. The amount of tax due; and
| 21 |
| 6. Such other reasonable information as the Department | 22 |
| may
require.
| 23 |
| Beginning on October 1, 2003, any person who is not a | 24 |
| licensed
distributor, importing distributor, or manufacturer, | 25 |
| as defined in the Liquor
Control Act of 1934, but is engaged in | 26 |
| the business of
selling, at retail, alcoholic liquor
shall file | 27 |
| a statement with the Department of Revenue, in a format
and at | 28 |
| a time prescribed by the Department, showing the total amount | 29 |
| paid for
alcoholic liquor purchased during the preceding month | 30 |
| and such other
information as is reasonably required by the | 31 |
| Department.
The Department may adopt rules to require
that this | 32 |
| statement be filed in an electronic or telephonic format. Such | 33 |
| rules
may provide for exceptions from the filing requirements | 34 |
| of this paragraph. For
the
purposes of this
paragraph, the term | 35 |
| "alcoholic liquor" shall have the meaning prescribed in the
| 36 |
| Liquor Control Act of 1934.
|
|
|
|
HB6586 |
- 21 - |
LRB093 19871 SJM 45614 b |
|
| 1 |
| Beginning on October 1, 2003, every distributor, importing | 2 |
| distributor, and
manufacturer of alcoholic liquor as defined in | 3 |
| the Liquor Control Act of 1934,
shall file a
statement with the | 4 |
| Department of Revenue, no later than the 10th day of the
month | 5 |
| for the
preceding month during which transactions occurred, by | 6 |
| electronic means,
showing the
total amount of gross receipts | 7 |
| from the sale of alcoholic liquor sold or
distributed during
| 8 |
| the preceding month to purchasers; identifying the purchaser to | 9 |
| whom it was
sold or
distributed; the purchaser's tax | 10 |
| registration number; and such other
information
reasonably | 11 |
| required by the Department. A copy of the monthly statement | 12 |
| shall be
sent to
the retailer no later than the 10th day of the | 13 |
| month for the preceding month
during which
transactions | 14 |
| occurred.
| 15 |
| If a total amount of less than $1 is payable, refundable or | 16 |
| creditable,
such amount shall be disregarded if it is less than | 17 |
| 50 cents and shall be
increased to $1 if it is 50 cents or more.
| 18 |
| Beginning October 1, 1993,
a taxpayer who has an average | 19 |
| monthly tax liability of $150,000 or more shall
make all | 20 |
| payments required by rules of the
Department by electronic | 21 |
| funds transfer. Beginning October 1, 1994, a taxpayer
who has | 22 |
| an average monthly tax liability of $100,000 or more shall make | 23 |
| all
payments required by rules of the Department by electronic | 24 |
| funds transfer.
Beginning October 1, 1995, a taxpayer who has | 25 |
| an average monthly tax liability
of $50,000 or more shall make | 26 |
| all
payments required by rules of the Department by electronic | 27 |
| funds transfer.
Beginning October 1, 2000, a taxpayer who has | 28 |
| an annual tax liability of
$200,000 or more shall make all | 29 |
| payments required by rules of the Department by
electronic | 30 |
| funds transfer. The term "annual tax liability" shall be the | 31 |
| sum of
the taxpayer's liabilities under this Act, and under all | 32 |
| other State and local
occupation and use tax laws administered | 33 |
| by the Department, for the immediately
preceding calendar year.
| 34 |
| The term "average monthly tax liability" shall be the sum of | 35 |
| the
taxpayer's liabilities under this
Act, and under all other | 36 |
| State and local occupation and use tax
laws administered by the |
|
|
|
HB6586 |
- 22 - |
LRB093 19871 SJM 45614 b |
|
| 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 | 27 |
| whole-dollar amount where the fractional part of a dollar is | 28 |
| less
than 50 cents.
| 29 |
| If the retailer is otherwise required to file a monthly | 30 |
| return and if the
retailer's average monthly tax liability to | 31 |
| the Department does not exceed
$200, the Department may | 32 |
| authorize his returns to be filed on a quarter
annual basis, | 33 |
| with the return for January, February and March of a given
year | 34 |
| being due by April 20 of such year; with the return for April, | 35 |
| May and
June of a given year being due by July 20 of such year; | 36 |
| with the return for
July, August and September of a given year |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| being due by October 20 of such
year, and with the return for | 2 |
| October, November and December of a given
year being due by | 3 |
| January 20 of the following year.
| 4 |
| If the retailer is otherwise required to file a monthly or | 5 |
| quarterly
return and if the retailer's average monthly tax | 6 |
| liability with the
Department does not exceed $50, the | 7 |
| Department may authorize his returns to
be filed on an annual | 8 |
| basis, with the return for a given year being due by
January 20 | 9 |
| of the following year.
| 10 |
| Such quarter annual and annual returns, as to form and | 11 |
| substance,
shall be subject to the same requirements as monthly | 12 |
| returns.
| 13 |
| Notwithstanding any other provision in this Act concerning | 14 |
| the time
within which a retailer may file his return, in the | 15 |
| case of any retailer
who ceases to engage in a kind of business | 16 |
| which makes him responsible
for filing returns under this Act, | 17 |
| such retailer shall file a final
return under this Act with the | 18 |
| Department not more than one month after
discontinuing such | 19 |
| business.
| 20 |
| Where the same person has more than one business registered | 21 |
| with the
Department under separate registrations under this | 22 |
| Act, such person may
not file each return that is due as a | 23 |
| single return covering all such
registered businesses, but | 24 |
| shall file separate returns for each such
registered business.
| 25 |
| In addition, with respect to motor vehicles, watercraft,
| 26 |
| aircraft, and trailers that are required to be registered with | 27 |
| an agency of
this State, every
retailer selling this kind of | 28 |
| tangible personal property shall file,
with the Department, | 29 |
| upon a form to be prescribed and supplied by the
Department, a | 30 |
| separate return for each such item of tangible personal
| 31 |
| property which the retailer sells, except that if, in the same
| 32 |
| transaction, (i) a retailer of aircraft, watercraft, motor | 33 |
| vehicles or
trailers transfers more than one aircraft, | 34 |
| watercraft, motor
vehicle or trailer to another aircraft, | 35 |
| watercraft, motor vehicle
retailer or trailer retailer for the | 36 |
| purpose of resale
or (ii) a retailer of aircraft, watercraft, |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| motor vehicles, or trailers
transfers more than one aircraft, | 2 |
| watercraft, motor vehicle, or trailer to a
purchaser for use as | 3 |
| a qualifying rolling stock as provided in Section 2-5 of
this | 4 |
| Act, then
that seller may report the transfer of all aircraft,
| 5 |
| watercraft, motor vehicles or trailers involved in that | 6 |
| transaction to the
Department on the same uniform | 7 |
| invoice-transaction reporting return form. For
purposes of | 8 |
| this Section, "watercraft" means a Class 2, Class 3, or Class 4
| 9 |
| watercraft as defined in Section 3-2 of the Boat Registration | 10 |
| and Safety Act, a
personal watercraft, or any boat equipped | 11 |
| with an inboard motor.
| 12 |
| Any retailer who sells only motor vehicles, watercraft,
| 13 |
| aircraft, or trailers that are required to be registered with | 14 |
| an agency of
this State, so that all
retailers' occupation tax | 15 |
| liability is required to be reported, and is
reported, on such | 16 |
| transaction reporting returns and who is not otherwise
required | 17 |
| to file monthly or quarterly returns, need not file monthly or
| 18 |
| quarterly returns. However, those retailers shall be required | 19 |
| to
file returns on an annual basis.
| 20 |
| The transaction reporting return, in the case of motor | 21 |
| vehicles
or trailers that are required to be registered with an | 22 |
| agency of this
State, shall
be the same document as the Uniform | 23 |
| Invoice referred to in Section 5-402
of The Illinois Vehicle | 24 |
| Code and must show the name and address of the
seller; the name | 25 |
| and address of the purchaser; the amount of the selling
price | 26 |
| including the amount allowed by the retailer for traded-in
| 27 |
| property, if any; the amount allowed by the retailer for the | 28 |
| traded-in
tangible personal property, if any, to the extent to | 29 |
| which Section 1 of
this Act allows an exemption for the value | 30 |
| of traded-in property; the
balance payable after deducting such | 31 |
| trade-in allowance from the total
selling price; the amount of | 32 |
| tax due from the retailer with respect to
such transaction; the | 33 |
| amount of tax collected from the purchaser by the
retailer on | 34 |
| such transaction (or satisfactory evidence that such tax is
not | 35 |
| due in that particular instance, if that is claimed to be the | 36 |
| fact);
the place and date of the sale; a sufficient |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| identification of the
property sold; such other information as | 2 |
| is required in Section 5-402 of
The Illinois Vehicle Code, and | 3 |
| such other information as the Department
may reasonably | 4 |
| require.
| 5 |
| The transaction reporting return in the case of watercraft
| 6 |
| or aircraft must show
the name and address of the seller; the | 7 |
| name and address of the
purchaser; the amount of the selling | 8 |
| price including the amount allowed
by the retailer for | 9 |
| traded-in property, if any; the amount allowed by
the retailer | 10 |
| for the traded-in tangible personal property, if any, to
the | 11 |
| extent to which Section 1 of this Act allows an exemption for | 12 |
| the
value of traded-in property; the balance payable after | 13 |
| deducting such
trade-in allowance from the total selling price; | 14 |
| the amount of tax due
from the retailer with respect to such | 15 |
| transaction; the amount of tax
collected from the purchaser by | 16 |
| the retailer on such transaction (or
satisfactory evidence that | 17 |
| such tax is not due in that particular
instance, if that is | 18 |
| claimed to be the fact); the place and date of the
sale, a | 19 |
| sufficient identification of the property sold, and such other
| 20 |
| information as the Department may reasonably require.
| 21 |
| Such transaction reporting return shall be filed not later | 22 |
| than 20
days after the day of delivery of the item that is | 23 |
| being sold, but may
be filed by the retailer at any time sooner | 24 |
| than that if he chooses to
do so. The transaction reporting | 25 |
| return and tax remittance or proof of
exemption from the | 26 |
| Illinois use tax may be transmitted to the Department
by way of | 27 |
| the State agency with which, or State officer with whom the
| 28 |
| tangible personal property must be titled or registered (if | 29 |
| titling or
registration is required) if the Department and such | 30 |
| agency or State
officer determine that this procedure will | 31 |
| expedite the processing of
applications for title or | 32 |
| registration. A transaction
reporting return that is | 33 |
| transmitted by mail by the retailer and postmarked not
later | 34 |
| than
20 days after the
date of delivery of the item that is | 35 |
| being sold
shall
be deemed to have been filed in accordance | 36 |
| with the 20-day deadline created in
this
paragraph.
|
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| With each such transaction reporting return, the retailer | 2 |
| shall remit
the proper amount of tax due (or shall submit | 3 |
| satisfactory evidence that
the sale is not taxable if that is | 4 |
| the case), to the Department or its
agents, whereupon the | 5 |
| Department shall issue, in the purchaser's name, a
use tax | 6 |
| receipt (or a certificate of exemption if the Department is
| 7 |
| satisfied that the particular sale is tax exempt) which such | 8 |
| purchaser
may submit to the agency with which, or State officer | 9 |
| with whom, he must
title or register the tangible personal | 10 |
| property that is involved (if
titling or registration is | 11 |
| required) in support of such purchaser's
application for an | 12 |
| Illinois certificate or other evidence of title or
registration | 13 |
| to such tangible personal property.
| 14 |
| No retailer's failure or refusal to remit tax under this | 15 |
| Act
precludes a user, who has paid the proper tax to the | 16 |
| retailer, from
obtaining his certificate of title or other | 17 |
| evidence of title or
registration (if titling or registration | 18 |
| is required) upon satisfying
the Department that such user has | 19 |
| paid the proper tax (if tax is due) to
the retailer. The | 20 |
| Department shall adopt appropriate rules to carry out
the | 21 |
| mandate of this paragraph.
| 22 |
| If the user who would otherwise pay tax to the retailer | 23 |
| wants the
transaction reporting return filed and the payment of | 24 |
| the tax or proof
of exemption made to the Department before the | 25 |
| retailer is willing to
take these actions and such user has not | 26 |
| paid the tax to the retailer,
such user may certify to the fact | 27 |
| of such delay by the retailer and may
(upon the Department | 28 |
| being satisfied of the truth of such certification)
transmit | 29 |
| the information required by the transaction reporting return
| 30 |
| and the remittance for tax or proof of exemption directly to | 31 |
| the
Department and obtain his tax receipt or exemption | 32 |
| determination, in
which event the transaction reporting return | 33 |
| and tax remittance (if a
tax payment was required) shall be | 34 |
| credited by the Department to the
proper retailer's account | 35 |
| with the Department, but without the 2.1% or 1.75%
discount | 36 |
| provided for in this Section being allowed. When the user pays
|
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| the tax directly to the Department, he shall pay the tax in the | 2 |
| same
amount and in the same form in which it would be remitted | 3 |
| if the tax had
been remitted to the Department by the retailer.
| 4 |
| Refunds made by the seller during the preceding return | 5 |
| period to
purchasers, on account of tangible personal property | 6 |
| returned to the
seller, shall be allowed as a deduction under | 7 |
| subdivision 5 of his monthly
or quarterly return, as the case | 8 |
| may be, in case the
seller had theretofore included the | 9 |
| receipts from the sale of such
tangible personal property in a | 10 |
| return filed by him and had paid the tax
imposed by this Act | 11 |
| with respect to such receipts.
| 12 |
| Where the seller is a corporation, the return filed on | 13 |
| behalf of such
corporation shall be signed by the president, | 14 |
| vice-president, secretary
or treasurer or by the properly | 15 |
| accredited agent of such corporation.
| 16 |
| Where the seller is a limited liability company, the return | 17 |
| filed on behalf
of the limited liability company shall be | 18 |
| signed by a manager, member, or
properly accredited agent of | 19 |
| the limited liability company.
| 20 |
| Except as provided in this Section, the retailer filing the | 21 |
| return
under this Section shall, at the time of filing such | 22 |
| return, pay to the
Department the amount of tax imposed by this | 23 |
| Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | 24 |
| on and after January 1, 1990, or $5 per
calendar year, | 25 |
| whichever is greater, which is allowed to
reimburse the | 26 |
| retailer for the expenses incurred in keeping records,
| 27 |
| preparing and filing returns, remitting the tax and supplying | 28 |
| data to
the Department on request. Any prepayment made pursuant | 29 |
| to Section 2d
of this Act shall be included in the amount on | 30 |
| which such
2.1% or 1.75% discount is computed. In the case of | 31 |
| retailers who report
and pay the tax on a transaction by | 32 |
| transaction basis, as provided in this
Section, such discount | 33 |
| shall be taken with each such tax remittance
instead of when | 34 |
| such retailer files his periodic return.
| 35 |
| Before October 1, 2000, if the taxpayer's average monthly | 36 |
| tax liability
to the Department
under this Act, the Use Tax |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| Act, the Service Occupation Tax
Act, and the Service Use Tax | 2 |
| Act, excluding any liability for prepaid sales
tax to be | 3 |
| remitted in accordance with Section 2d of this Act, was
$10,000
| 4 |
| or more during the preceding 4 complete calendar quarters, he | 5 |
| shall file a
return with the Department each month by the 20th | 6 |
| day of the month next
following the month during which such tax | 7 |
| liability is incurred and shall
make payments to the Department | 8 |
| on or before the 7th, 15th, 22nd and last
day of the month | 9 |
| during which such liability is incurred.
On and after October | 10 |
| 1, 2000, if the taxpayer's average monthly tax liability
to the | 11 |
| Department under this Act, the Use Tax Act, the Service | 12 |
| Occupation Tax
Act, and the Service Use Tax Act, excluding any | 13 |
| liability for prepaid sales tax
to be remitted in accordance | 14 |
| with Section 2d of this Act, was $20,000 or more
during the | 15 |
| preceding 4 complete calendar quarters, he shall file a return | 16 |
| with
the Department each month by the 20th day of the month | 17 |
| next following the month
during which such tax liability is | 18 |
| incurred and shall make payment to the
Department on or before | 19 |
| the 7th, 15th, 22nd and last day of the month during
which such | 20 |
| liability is incurred.
If the month
during which such tax | 21 |
| liability is incurred began prior to January 1, 1985,
each | 22 |
| payment shall be in an amount equal to 1/4 of the taxpayer's | 23 |
| actual
liability for the month or an amount set by the | 24 |
| Department not to exceed
1/4 of the average monthly liability | 25 |
| of the taxpayer to the Department for
the preceding 4 complete | 26 |
| calendar quarters (excluding the month of highest
liability and | 27 |
| the month of lowest liability in such 4 quarter period). If
the | 28 |
| month during which such tax liability is incurred begins on or | 29 |
| after
January 1, 1985 and prior to January 1, 1987, each | 30 |
| payment shall be in an
amount equal to 22.5% of the taxpayer's | 31 |
| actual liability for the month or
27.5% of the taxpayer's | 32 |
| liability for the same calendar
month of the preceding year. If | 33 |
| the month during which such tax
liability is incurred begins on | 34 |
| or after January 1, 1987 and prior to
January 1, 1988, each | 35 |
| payment shall be in an amount equal to 22.5% of the
taxpayer's | 36 |
| actual liability for the month or 26.25% of the taxpayer's
|
|
|
|
HB6586 |
- 29 - |
LRB093 19871 SJM 45614 b |
|
| 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 by taxpayers having an average monthly tax liability | 19 |
| of
$10,000 or more as determined in the manner provided above
| 20 |
| shall continue
until such taxpayer's average monthly liability | 21 |
| to the Department during
the preceding 4 complete calendar | 22 |
| quarters (excluding the month of highest
liability and the | 23 |
| month of lowest liability) is less than
$9,000, or until
such | 24 |
| taxpayer's average monthly liability to the Department as | 25 |
| computed for
each calendar quarter of the 4 preceding complete | 26 |
| calendar quarter period
is less than $10,000. However, if a | 27 |
| taxpayer can show the
Department that
a substantial change in | 28 |
| the taxpayer's business has occurred which causes
the taxpayer | 29 |
| to anticipate that his average monthly tax liability for the
| 30 |
| reasonably foreseeable future will fall below the $10,000 | 31 |
| threshold
stated above, then
such taxpayer
may petition the | 32 |
| Department for a change in such taxpayer's reporting
status. On | 33 |
| and after October 1, 2000, once applicable, the requirement of
| 34 |
| the making of quarter monthly payments to the Department by | 35 |
| taxpayers having an
average monthly tax liability of $20,000 or | 36 |
| more as determined in the manner
provided above shall continue |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| until such taxpayer's average monthly liability
to the | 2 |
| Department during the preceding 4 complete calendar quarters | 3 |
| (excluding
the month of highest liability and the month of | 4 |
| lowest liability) is less than
$19,000 or until such taxpayer's | 5 |
| average monthly liability to the Department as
computed for | 6 |
| each calendar quarter of the 4 preceding complete calendar | 7 |
| quarter
period is less than $20,000. However, if a taxpayer can | 8 |
| show the Department
that a substantial change in the taxpayer's | 9 |
| business has occurred which causes
the taxpayer to anticipate | 10 |
| that his average monthly tax liability for the
reasonably | 11 |
| foreseeable future will fall below the $20,000 threshold stated
| 12 |
| above, then such taxpayer may petition the Department for a | 13 |
| change in such
taxpayer's reporting status. The Department | 14 |
| shall change such taxpayer's
reporting status
unless it finds | 15 |
| that such change is seasonal in nature and not likely to be
| 16 |
| long term. If any such quarter monthly payment is not paid at | 17 |
| the time or
in the amount required by this Section, then the | 18 |
| taxpayer shall be liable for
penalties and interest on the | 19 |
| difference
between the minimum amount due as a payment and the | 20 |
| amount of such quarter
monthly payment actually and timely | 21 |
| paid, except insofar as the
taxpayer has previously made | 22 |
| payments for that month to the Department in
excess of the | 23 |
| minimum payments previously due as provided in this Section.
| 24 |
| The Department shall make reasonable rules and regulations to | 25 |
| govern the
quarter monthly payment amount and quarter monthly | 26 |
| payment dates for
taxpayers who file on other than a calendar | 27 |
| monthly basis.
| 28 |
| The provisions of this paragraph apply before October 1, | 29 |
| 2001.
Without regard to whether a taxpayer is required to make | 30 |
| quarter monthly
payments as specified above, any taxpayer who | 31 |
| is required by Section 2d
of this Act to collect and remit | 32 |
| prepaid taxes and has collected prepaid
taxes which average in | 33 |
| excess of $25,000 per month during the preceding
2 complete | 34 |
| calendar quarters, shall file a return with the Department as
| 35 |
| required by Section 2f and shall make payments to the | 36 |
| Department on or before
the 7th, 15th, 22nd and last day of the |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| month during which such liability
is incurred. If the month | 2 |
| during which such tax liability is incurred
began prior to the | 3 |
| effective date of this amendatory Act of 1985, each
payment | 4 |
| shall be in an amount not less than 22.5% of the taxpayer's | 5 |
| actual
liability under Section 2d. If the month during which | 6 |
| such tax liability
is incurred begins on or after January 1, | 7 |
| 1986, each payment shall be in an
amount equal to 22.5% of the | 8 |
| taxpayer's actual liability for the month or
27.5% of the | 9 |
| taxpayer's liability for the same calendar month of the
| 10 |
| preceding calendar year. If the month during which such tax | 11 |
| liability is
incurred begins on or after 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
26.25% of the taxpayer's | 14 |
| liability for the same calendar month of the
preceding year. | 15 |
| The amount of such quarter monthly payments shall be
credited | 16 |
| against the final tax liability of the taxpayer's return for | 17 |
| that
month filed under this Section or Section 2f, as the case | 18 |
| may be. Once
applicable, the requirement of the making of | 19 |
| quarter monthly payments to
the Department pursuant to this | 20 |
| paragraph shall continue until such
taxpayer's average monthly | 21 |
| prepaid tax collections during the preceding 2
complete | 22 |
| calendar quarters is $25,000 or less. If any such quarter | 23 |
| monthly
payment is not paid at the time or in the amount | 24 |
| required, the taxpayer
shall be liable for penalties and | 25 |
| interest on such difference, except
insofar as the taxpayer has | 26 |
| previously made payments for that month in
excess of the | 27 |
| minimum payments previously due.
| 28 |
| The provisions of this paragraph apply on and after October | 29 |
| 1, 2001.
Without regard to whether a taxpayer is required to | 30 |
| make quarter monthly
payments as specified above, any taxpayer | 31 |
| who is required by Section 2d of this
Act to collect and remit | 32 |
| prepaid taxes and has collected prepaid taxes that
average in | 33 |
| excess of $20,000 per month during the preceding 4 complete | 34 |
| calendar
quarters shall file a return with the Department as | 35 |
| required by Section 2f
and shall make payments to the | 36 |
| Department on or before the 7th, 15th, 22nd and
last day of the |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| month during which the liability is incurred. Each payment
| 2 |
| shall be in an amount equal to 22.5% of the taxpayer's actual | 3 |
| liability for the
month or 25% of the taxpayer's liability for | 4 |
| the same calendar month of the
preceding year. The amount of | 5 |
| the quarter monthly payments shall be credited
against the | 6 |
| final tax liability of the taxpayer's return for that month | 7 |
| filed
under this Section or Section 2f, as the case may be. | 8 |
| Once applicable, the
requirement of the making of quarter | 9 |
| monthly payments to the Department
pursuant to this paragraph | 10 |
| shall continue until the taxpayer's average monthly
prepaid tax | 11 |
| collections during the preceding 4 complete calendar quarters
| 12 |
| (excluding the month of highest liability and the month of | 13 |
| lowest liability) is
less than $19,000 or until such taxpayer's | 14 |
| average monthly liability to the
Department as computed for | 15 |
| each calendar quarter of the 4 preceding complete
calendar | 16 |
| quarters is less than $20,000. If any such quarter monthly | 17 |
| payment is
not paid at the time or in the amount required, the | 18 |
| taxpayer shall be liable
for penalties and interest on such | 19 |
| difference, except insofar as the taxpayer
has previously made | 20 |
| payments for that month in excess of the minimum payments
| 21 |
| previously due.
| 22 |
| If any payment provided for in this Section exceeds
the | 23 |
| taxpayer's liabilities under this Act, the Use Tax Act, the | 24 |
| Service
Occupation Tax Act and the Service Use Tax Act, as | 25 |
| shown on an original
monthly return, the Department shall, if | 26 |
| requested by the taxpayer, issue to
the taxpayer a credit | 27 |
| memorandum no later than 30 days after the date of
payment. The | 28 |
| credit evidenced by such credit memorandum may
be assigned by | 29 |
| the taxpayer to a similar taxpayer under this Act, the
Use Tax | 30 |
| Act, the Service Occupation Tax Act or the Service Use Tax Act, | 31 |
| in
accordance with reasonable rules and regulations to be | 32 |
| prescribed by the
Department. If no such request is made, the | 33 |
| taxpayer may credit such excess
payment against tax liability | 34 |
| subsequently to be remitted to the Department
under this Act, | 35 |
| the Use Tax Act, the Service Occupation Tax Act or the
Service | 36 |
| Use Tax Act, in accordance with reasonable rules and |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 |
| regulations
prescribed by the Department. If the Department | 2 |
| subsequently determined
that all or any part of the credit | 3 |
| taken was not actually due to the
taxpayer, the taxpayer's 2.1% | 4 |
| and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | 5 |
| of the difference between the credit taken and that
actually | 6 |
| due, and that taxpayer shall be liable for penalties and | 7 |
| interest
on such difference.
| 8 |
| If a retailer of motor fuel is entitled to a credit under | 9 |
| Section 2d of
this Act which exceeds the taxpayer's liability | 10 |
| to the Department under
this Act for the month which the | 11 |
| taxpayer is filing a return, the
Department shall issue the | 12 |
| taxpayer a credit memorandum for the excess.
| 13 |
| Beginning January 1, 1990, each month the Department shall | 14 |
| pay into
the Local Government Tax Fund, a special fund in the | 15 |
| State treasury which
is hereby created, the net revenue | 16 |
| realized for the preceding month from
the 1% tax on sales of | 17 |
| food for human consumption which is to be consumed
off the | 18 |
| premises where it is sold (other than alcoholic beverages, soft
| 19 |
| drinks and food which has been prepared for immediate | 20 |
| consumption) and
prescription and nonprescription medicines, | 21 |
| drugs, medical appliances and
insulin, urine testing | 22 |
| materials, syringes and needles used by diabetics.
| 23 |
| Beginning January 1, 1990, each month the Department shall | 24 |
| pay into
the County and Mass Transit District Fund, a special | 25 |
| fund in the State
treasury which is hereby created, 4% of the | 26 |
| net revenue realized
for the preceding month from the 6.25% | 27 |
| general rate.
| 28 |
| Beginning August 1, 2000, each
month the Department shall | 29 |
| pay into the
County and Mass Transit District Fund 20% of the | 30 |
| net revenue realized for the
preceding month from the 1.25% | 31 |
| rate on the selling price of motor fuel and
gasohol.
| 32 |
| Beginning January 1, 1990, each month the Department shall | 33 |
| pay into
the Local Government Tax Fund 16% of the net revenue | 34 |
| realized for the
preceding month from the 6.25% general rate on | 35 |
| the selling price of
tangible personal property.
| 36 |
| Beginning August 1, 2000, each
month the Department shall |
|
|
|
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| 1 |
| pay into the
Local Government Tax Fund 80% of the net revenue | 2 |
| realized for the preceding
month from the 1.25% rate on the | 3 |
| selling price of motor fuel and gasohol.
| 4 |
| Of the remainder of the moneys received by the Department | 5 |
| pursuant
to this Act, (a) 1.75% thereof shall be paid into the | 6 |
| Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | 7 |
| and after July 1, 1989,
3.8% thereof shall be paid into the | 8 |
| Build Illinois Fund; provided, however,
that if in any fiscal | 9 |
| year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | 10 |
| may be, of the moneys received by the Department and required | 11 |
| to
be paid into the Build Illinois Fund pursuant to this Act, | 12 |
| Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | 13 |
| Act, and Section 9 of the
Service Occupation Tax Act, such Acts | 14 |
| being hereinafter called the "Tax
Acts" and such aggregate of | 15 |
| 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | 16 |
| called the "Tax Act Amount", and (2) the amount
transferred to | 17 |
| the Build Illinois Fund from the State and Local Sales Tax
| 18 |
| Reform Fund shall be less than the Annual Specified Amount (as | 19 |
| hereinafter
defined), an amount equal to the difference shall | 20 |
| be immediately paid into
the Build Illinois Fund from other | 21 |
| moneys received by the Department
pursuant to the Tax Acts; the | 22 |
| "Annual Specified Amount" means the amounts
specified below for | 23 |
| fiscal years 1986 through 1993:
|
|
24 | | Fiscal Year |
Annual Specified Amount |
|
25 | | 1986 |
$54,800,000 |
|
26 | | 1987 |
$76,650,000 |
|
27 | | 1988 |
$80,480,000 |
|
28 | | 1989 |
$88,510,000 |
|
29 | | 1990 |
$115,330,000 |
|
30 | | 1991 |
$145,470,000 |
|
31 | | 1992 |
$182,730,000 |
|
32 | | 1993 |
$206,520,000; |
|
33 |
| and means the Certified Annual Debt Service Requirement (as | 34 |
| defined in
Section 13 of the Build Illinois Bond Act) or the | 35 |
| Tax Act Amount, whichever
is greater, for fiscal year 1994 and | 36 |
| each fiscal year thereafter; and
further provided, that if on |
|
|
|
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| the last business day of any month the sum of
(1) the Tax Act | 2 |
| Amount required to be deposited into the Build Illinois
Bond | 3 |
| Account in the Build Illinois Fund during such month and (2) | 4 |
| the
amount transferred to the Build Illinois Fund from the | 5 |
| State and Local
Sales Tax Reform Fund shall have been less than | 6 |
| 1/12 of the Annual
Specified Amount, an amount equal to the | 7 |
| difference shall be immediately
paid into the Build Illinois | 8 |
| Fund from other moneys received by the
Department pursuant to | 9 |
| the Tax Acts; and, further provided, that in no
event shall the | 10 |
| payments required under the preceding proviso result in
| 11 |
| aggregate payments into the Build Illinois Fund pursuant to | 12 |
| this clause (b)
for any fiscal year in excess of the greater of | 13 |
| (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | 14 |
| such fiscal year. The amounts payable
into the Build Illinois | 15 |
| Fund under clause (b) of the first sentence in this
paragraph | 16 |
| shall be payable only until such time as the aggregate amount | 17 |
| on
deposit under each trust indenture securing Bonds issued and | 18 |
| outstanding
pursuant to the Build Illinois Bond Act is | 19 |
| sufficient, taking into account
any future investment income, | 20 |
| to fully provide, in accordance with such
indenture, for the | 21 |
| defeasance of or the payment of the principal of,
premium, if | 22 |
| any, and interest on the Bonds secured by such indenture and on
| 23 |
| any Bonds expected to be issued thereafter and all fees and | 24 |
| costs payable
with respect thereto, all as certified by the | 25 |
| Director of the Bureau of the
Budget (now Governor's Office of | 26 |
| Management and Budget) . If on the last
business day of any | 27 |
| month in which Bonds are
outstanding pursuant to the Build | 28 |
| Illinois Bond Act, the aggregate of
moneys deposited in the | 29 |
| Build Illinois Bond Account in the Build Illinois
Fund in such | 30 |
| month shall be less than the amount required to be transferred
| 31 |
| in such month from the Build Illinois Bond Account to the Build | 32 |
| Illinois
Bond Retirement and Interest Fund pursuant to Section | 33 |
| 13 of the Build
Illinois Bond Act, an amount equal to such | 34 |
| deficiency shall be immediately
paid from other moneys received | 35 |
| by the Department pursuant to the Tax Acts
to the Build | 36 |
| Illinois Fund; provided, however, that any amounts paid to the
|
|
|
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LRB093 19871 SJM 45614 b |
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| Build Illinois Fund in any fiscal year pursuant to this | 2 |
| sentence shall be
deemed to constitute payments pursuant to | 3 |
| clause (b) of the first sentence
of this paragraph and shall | 4 |
| reduce the amount otherwise payable for such
fiscal year | 5 |
| pursuant to that clause (b). The moneys received by the
| 6 |
| Department pursuant to this Act and required to be deposited | 7 |
| into the Build
Illinois Fund are subject to the pledge, claim | 8 |
| and charge set forth in
Section 12 of the Build Illinois Bond | 9 |
| Act.
| 10 |
| Subject to payment of amounts into the Build Illinois Fund | 11 |
| as provided in
the preceding paragraph or in any amendment | 12 |
| thereto hereafter enacted, the
following specified monthly | 13 |
| installment of the amount requested in the
certificate of the | 14 |
| Chairman of the Metropolitan Pier and Exposition
Authority | 15 |
| provided under Section 8.25f of the State Finance Act, but not | 16 |
| in
excess of sums designated as "Total Deposit", shall be | 17 |
| deposited in the
aggregate from collections under Section 9 of | 18 |
| the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | 19 |
| 9 of the Service Occupation Tax Act, and
Section 3 of the | 20 |
| Retailers' Occupation Tax Act into the McCormick Place
| 21 |
| Expansion Project Fund in the specified fiscal years.
|
|
22 | | Fiscal Year |
|
Total Deposit |
|
23 | | 1993 |
|
$0 |
|
24 | | 1994 |
|
53,000,000 |
|
25 | | 1995 |
|
58,000,000 |
|
26 | | 1996 |
|
61,000,000 |
|
27 | | 1997 |
|
64,000,000 |
|
28 | | 1998 |
|
68,000,000 |
|
29 | | 1999 |
|
71,000,000 |
|
30 | | 2000 |
|
75,000,000 |
|
31 | | 2001 |
|
80,000,000 |
|
32 | | 2002 |
|
93,000,000 |
|
33 | | 2003 |
|
99,000,000 |
|
34 | | 2004 |
|
103,000,000 |
|
35 | | 2005 |
|
108,000,000 |
|
|
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
|
| 1 | | 2006 |
|
113,000,000 |
|
2 | | 2007 |
|
119,000,000 |
|
3 | | 2008 |
|
126,000,000 |
|
4 | | 2009 |
|
132,000,000 |
|
5 | | 2010 |
|
139,000,000 |
|
6 | | 2011 |
|
146,000,000 |
|
7 | | 2012 |
|
153,000,000 |
|
8 | | 2013 |
|
161,000,000 |
|
9 | | 2014 |
|
170,000,000 |
|
10 | | 2015 |
|
179,000,000 |
|
11 | | 2016 |
|
189,000,000 |
|
12 | | 2017 |
|
199,000,000 |
|
13 | | 2018 |
|
210,000,000 |
|
14 | | 2019 |
|
221,000,000 |
|
15 | | 2020 |
|
233,000,000 |
|
16 | | 2021 |
|
246,000,000 |
|
17 | | 2022 |
|
260,000,000 |
|
18 | | 2023 and |
|
275,000,000 |
|
19 | | each fiscal year | | |
|
20 | | thereafter that bonds | | |
|
21 | | are outstanding under | | |
|
22 | | Section 13.2 of the | | |
|
23 | | Metropolitan Pier and | | |
|
24 | | Exposition Authority Act, | | |
|
25 | | but not after fiscal year 2042. | | |
|
26 |
| Beginning July 20, 1993 and in each month of each fiscal | 27 |
| year thereafter,
one-eighth of the amount requested in the | 28 |
| certificate of the Chairman of
the Metropolitan Pier and | 29 |
| Exposition Authority for that fiscal year, less
the amount | 30 |
| deposited into the McCormick Place Expansion Project Fund by | 31 |
| the
State Treasurer in the respective month under subsection | 32 |
| (g) of Section 13
of the Metropolitan Pier and Exposition | 33 |
| Authority Act, plus cumulative
deficiencies in the deposits | 34 |
| required under this Section for previous
months and years, | 35 |
| shall be deposited into the McCormick Place Expansion
Project | 36 |
| Fund, until the full amount requested for the fiscal year, but |
|
|
|
HB6586 |
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LRB093 19871 SJM 45614 b |
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| 1 |
| not
in excess of the amount specified above as "Total Deposit", | 2 |
| has been deposited.
| 3 |
| Subject to payment of amounts into the Build Illinois Fund | 4 |
| and the
McCormick Place Expansion Project Fund pursuant to the | 5 |
| preceding paragraphs
or in any amendments
thereto hereafter | 6 |
| enacted, beginning July 1, 1993, the Department shall each
| 7 |
| month pay into the Illinois Tax Increment Fund 0.27% of 80% of | 8 |
| the net revenue
realized for the preceding month from the 6.25% | 9 |
| general rate on the selling
price of tangible personal | 10 |
| property.
| 11 |
| Subject to payment of amounts into the Build Illinois Fund | 12 |
| and the
McCormick Place Expansion Project Fund pursuant to the | 13 |
| preceding paragraphs or in any
amendments thereto hereafter | 14 |
| enacted, beginning with the receipt of the first
report of | 15 |
| taxes paid by an eligible business and continuing for a 25-year
| 16 |
| period, the Department shall each month pay into the Energy | 17 |
| Infrastructure
Fund 80% of the net revenue realized from the | 18 |
| 6.25% general rate on the
selling price of Illinois-mined coal | 19 |
| that was sold to an eligible business.
For purposes of this | 20 |
| paragraph, the term "eligible business" means a new
electric | 21 |
| generating facility certified pursuant to Section 605-332 of | 22 |
| the
Department of Commerce and Economic Opportunity
Community | 23 |
| Affairs
Law of the Civil Administrative Code of Illinois.
| 24 |
| Of the remainder of the moneys received by the Department | 25 |
| pursuant to
this Act, 75% thereof shall be paid into the State | 26 |
| Treasury and 25% shall
be reserved in a special account and | 27 |
| used only for the transfer to the
Common School Fund as part of | 28 |
| the monthly transfer from the General Revenue
Fund in | 29 |
| accordance with Section 8a of the State Finance Act.
| 30 |
| The Department may, upon separate written notice to a | 31 |
| taxpayer,
require the taxpayer to prepare and file with the | 32 |
| Department on a form
prescribed by the Department within not | 33 |
| less than 60 days after receipt
of the notice an annual | 34 |
| information return for the tax year specified in
the notice. | 35 |
| Such annual return to the Department shall include a
statement | 36 |
| of gross receipts as shown by the retailer's last Federal |
|
|
|
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| 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.
| 27 |
| (ii) On and after January 1, 1994, the taxpayer shall | 28 |
| be
liable for a penalty as described in Section 3-4 of the | 29 |
| Uniform Penalty and
Interest Act.
| 30 |
| The chief executive officer, proprietor, owner or highest | 31 |
| ranking
manager shall sign the annual return to certify the | 32 |
| accuracy of the
information contained therein. Any person who | 33 |
| willfully signs the
annual return containing false or | 34 |
| inaccurate information shall be guilty
of perjury and punished | 35 |
| accordingly. The annual return form prescribed
by the | 36 |
| Department shall include a warning that the person signing the
|
|
|
|
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LRB093 19871 SJM 45614 b |
|
| 1 |
| return may be liable for perjury.
| 2 |
| The provisions of this Section concerning the filing of an | 3 |
| annual
information return do not apply to a retailer who is not | 4 |
| required to
file an income tax return with the United States | 5 |
| Government.
| 6 |
| As soon as possible after the first day of each month, upon | 7 |
| certification
of the Department of Revenue, the Comptroller | 8 |
| shall order transferred and
the Treasurer shall transfer from | 9 |
| the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 10 |
| equal to 1.7% of 80% of the net revenue realized
under this Act | 11 |
| for the second preceding
month.
Beginning April 1, 2000, this | 12 |
| transfer is no longer required
and shall not be made.
| 13 |
| Net revenue realized for a month shall be the revenue | 14 |
| collected by the
State pursuant to this Act, less the amount | 15 |
| paid out during that month as
refunds to taxpayers for | 16 |
| overpayment of liability.
| 17 |
| For greater simplicity of administration, manufacturers, | 18 |
| importers
and wholesalers whose products are sold at retail in | 19 |
| Illinois by
numerous retailers, and who wish to do so, may | 20 |
| assume the responsibility
for accounting and paying to the | 21 |
| Department all tax accruing under this
Act with respect to such | 22 |
| sales, if the retailers who are affected do not
make written | 23 |
| objection to the Department to this arrangement.
| 24 |
| Any person who promotes, organizes, provides retail | 25 |
| selling space for
concessionaires or other types of sellers at | 26 |
| the Illinois State Fair, DuQuoin
State Fair, county fairs, | 27 |
| local fairs, art shows, flea markets and similar
exhibitions or | 28 |
| events, including any transient merchant as defined by Section | 29 |
| 2
of the Transient Merchant Act of 1987, is required to file a | 30 |
| report with the
Department providing the name of the merchant's | 31 |
| business, the name of the
person or persons engaged in | 32 |
| merchant's business, the permanent address and
Illinois | 33 |
| Retailers Occupation Tax Registration Number of the merchant, | 34 |
| the
dates and location of the event and other reasonable | 35 |
| information that the
Department may require. The report must be | 36 |
| filed not later than the 20th day
of the month next following |
|
|
|
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|
| 1 |
| the month during which the event with retail sales
was held. | 2 |
| Any person who fails to file a report required by this Section
| 3 |
| commits a business offense and is subject to a fine not to | 4 |
| exceed $250.
| 5 |
| Any person engaged in the business of selling tangible | 6 |
| personal
property at retail as a concessionaire or other type | 7 |
| of seller at the
Illinois State Fair, county fairs, art shows, | 8 |
| flea markets and similar
exhibitions or events, or any | 9 |
| transient merchants, as defined by Section 2
of the Transient | 10 |
| Merchant Act of 1987, may be required to make a daily report
of | 11 |
| the amount of such sales to the Department and to make a daily | 12 |
| payment of
the full amount of tax due. The Department shall | 13 |
| impose this
requirement when it finds that there is a | 14 |
| significant risk of loss of
revenue to the State at such an | 15 |
| exhibition or event. Such a finding
shall be based on evidence | 16 |
| that a substantial number of concessionaires
or other sellers | 17 |
| who are not residents of Illinois will be engaging in
the | 18 |
| business of selling tangible personal property at retail at the
| 19 |
| exhibition or event, or other evidence of a significant risk of | 20 |
| loss of revenue
to the State. The Department shall notify | 21 |
| concessionaires and other sellers
affected by the imposition of | 22 |
| this requirement. In the absence of
notification by the | 23 |
| Department, the concessionaires and other sellers
shall file | 24 |
| their returns as otherwise required in this Section.
| 25 |
| (Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-208, | 26 |
| eff. 8-2-01;
92-484, eff. 8-23-01; 92-492, eff. 1-1-02; 92-600, | 27 |
| eff. 6-28-02; 92-651, eff.
7-11-02; 93-22, eff. 6-20-03; 93-24, | 28 |
| eff. 6-20-03; revised 10-15-03 .)
| 29 |
| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law. |
|