Full Text of HB0160 95th General Assembly
HB0160eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Road | 5 |
| Fund Transfer Procedures Act. | 6 |
| Section 5. Road Fund transfers; motion required. A bill | 7 |
| transferring moneys, during the 2008 and 2009 fiscal years, | 8 |
| from the Road Fund to the General Revenue Fund or any other | 9 |
| fund in the State treasury may not be considered for final | 10 |
| passage by either the House of Representatives or the Senate | 11 |
| unless that chamber first adopts, by a record vote of at least | 12 |
| two-thirds of the members elected, a motion to consider that | 13 |
| bill. | 14 |
| Section 900. The State Finance Act is amended by changing | 15 |
| Section 8h as follows: | 16 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 18 |
| (a) Except as otherwise provided in this Section and | 19 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 20 |
| any other
State law to the contrary, the Governor
may, through | 21 |
| June 30, 2007, from time to time direct the State Treasurer and |
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| Comptroller to transfer
a specified sum from any fund held by | 2 |
| the State Treasurer to the General
Revenue Fund in order to | 3 |
| help defray the State's operating costs for the
fiscal year. | 4 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 6 |
| revenues to be deposited
into the fund during that fiscal year | 7 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 8 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 9 |
| 2005 only, prior to calculating the July 1, 2004 final | 10 |
| balances, the Governor may calculate and direct the State | 11 |
| Treasurer with the Comptroller to transfer additional amounts | 12 |
| determined by applying the formula authorized in Public Act | 13 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 14 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 16 |
| amount less than
the amount remaining unexpended and unreserved | 17 |
| from the total appropriation
from that fund estimated to be | 18 |
| expended for that fiscal year. This Section does not apply to | 19 |
| any
funds that are restricted by federal law to a specific use, | 20 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 21 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 22 |
| Provider Relief Fund, the Teacher Health Insurance Security | 23 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 24 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 25 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 26 |
| Projects Fund, the Supreme Court Special State Projects Fund, |
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| the Supplemental Low-Income Energy Assistance Fund, the Good | 2 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 3 |
| Facility Development and Operation Fund, the Horse Racing | 4 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 5 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 6 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 7 |
| transfers may be made under this Section from the Pet | 8 |
| Population Control Fund. Notwithstanding any
other provision | 9 |
| of this Section, for fiscal year 2004,
the total transfer under | 10 |
| this Section from the Road Fund or the State
Construction | 11 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 12 |
| revenues to be deposited
into the fund during that fiscal year | 13 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 14 |
| year 2005 through fiscal year 2007, no amounts may be | 15 |
| transferred under this Section from the Road Fund, the State | 16 |
| Construction Account Fund, the Criminal Justice Information | 17 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 18 |
| Mandatory Arbitration Fund. For fiscal year 2005 and | 19 |
| thereafter, no amounts may be transferred under this Section | 20 |
| from the Road Fund.
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| In determining the available balance in a fund, the | 22 |
| Governor
may include receipts, transfers into the fund, and | 23 |
| other
resources anticipated to be available in the fund in that | 24 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 26 |
| amounts designated
under this Section as soon as may be |
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| practicable after receiving the direction
to transfer from the | 2 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 4 |
| or before February 28, 2006 that are still pending on May 19, | 5 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 6 |
| Act of the 94th General Assembly shall be redirected as | 7 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 9 |
| Cure Fund; (ii) any fund established under the Community Senior | 10 |
| Services and Resources Act; or (iii) on or after January 1, | 11 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 12 |
| and Day and Temporary Labor Enforcement Fund. | 13 |
| (c) This Section does not apply to the Demutualization | 14 |
| Trust Fund established under the Uniform Disposition of | 15 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 17 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 18 |
| scholarships and residency programs under the Podiatric | 19 |
| Scholarship and Residency Act. | 20 |
| (e) Subsection (a) does not apply to, and no transfer may | 21 |
| be made under this Section from, the Pension Stabilization | 22 |
| Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 24 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 25 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 26 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. |
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| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 2 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 3 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 4 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 5 |
| eff. 6-6-06; revised 6-19-06.)
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| Section 905. The Use Tax Act is amended by changing Section | 7 |
| 9 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, | 10 |
| and
trailers that are required to be registered with an agency | 11 |
| of this State,
each retailer
required or authorized to collect | 12 |
| the tax imposed by this Act shall pay
to the Department the | 13 |
| amount of such tax (except as otherwise provided)
at the time | 14 |
| when he is required to file his return for the period during
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| 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 | 17 |
| per calendar
year, whichever is greater, which is allowed to | 18 |
| reimburse the retailer
for expenses incurred in collecting the | 19 |
| tax, keeping records, preparing
and filing returns, remitting | 20 |
| the tax and supplying data to the
Department on request. In the | 21 |
| case of retailers who report and pay the
tax on a transaction | 22 |
| by transaction basis, as provided in this Section,
such | 23 |
| discount shall be taken with each such tax remittance instead | 24 |
| of
when such retailer files his periodic return. A retailer |
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| need not remit
that part of any tax collected by him to the | 2 |
| extent that he is required
to remit and does remit the tax | 3 |
| imposed by the Retailers' Occupation
Tax Act, with respect to | 4 |
| the sale of the same property.
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| Where such tangible personal property is sold under a | 6 |
| conditional
sales contract, or under any other form of sale | 7 |
| wherein the payment of
the principal sum, or a part thereof, is | 8 |
| extended beyond the close of
the period for which the return is | 9 |
| filed, the retailer, in collecting
the tax (except as to motor | 10 |
| vehicles, watercraft, aircraft, and
trailers that are required | 11 |
| to be registered with an agency of this State),
may collect for | 12 |
| each
tax return period, only the tax applicable to that part of | 13 |
| the selling
price actually received during such tax return | 14 |
| period.
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| Except as provided in this Section, on or before the | 16 |
| twentieth day of each
calendar month, such retailer shall file | 17 |
| a return for the preceding
calendar month. Such return shall be | 18 |
| filed on forms prescribed by the
Department and shall furnish | 19 |
| such information as the Department may
reasonably require.
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| The Department may require returns to be filed on a | 21 |
| quarterly basis.
If so required, a return for each calendar | 22 |
| quarter shall be filed on or
before the twentieth day of the | 23 |
| calendar month following the end of such
calendar quarter. The | 24 |
| taxpayer shall also file a return with the
Department for each | 25 |
| of the first two months of each calendar quarter, on or
before | 26 |
| the twentieth day of the following calendar month, stating:
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| 1. The name of the seller;
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| 2. The address of the principal place of business from | 3 |
| which he engages
in the business of selling tangible | 4 |
| personal property at retail in this State;
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| 3. The total amount of taxable receipts received by him | 6 |
| during the
preceding calendar month from sales of tangible | 7 |
| personal property by him
during such preceding calendar | 8 |
| month, including receipts from charge and
time sales, but | 9 |
| less all deductions allowed by law;
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| 4. The amount of credit provided in Section 2d of this | 11 |
| 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 | 15 |
| may
require.
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| If a taxpayer fails to sign a return within 30 days after | 17 |
| the proper notice
and demand for signature by the Department, | 18 |
| the return shall be considered
valid and any amount shown to be | 19 |
| due on the return shall be deemed assessed.
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| Beginning October 1, 1993, a taxpayer who has an average | 21 |
| monthly tax
liability of $150,000 or more shall make all | 22 |
| payments required by rules of the
Department by electronic | 23 |
| funds transfer. Beginning October 1, 1994, a taxpayer
who has | 24 |
| an average monthly tax liability of $100,000 or more shall make | 25 |
| all
payments required by rules of the Department by electronic | 26 |
| funds transfer.
Beginning October 1, 1995, a taxpayer who has |
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| an average monthly tax liability
of $50,000 or more shall make | 2 |
| all payments required by rules of the Department
by electronic | 3 |
| 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 | 5 |
| payments required by
rules of the Department by electronic | 6 |
| funds transfer. The term "annual tax
liability" shall be the | 7 |
| sum of the taxpayer's liabilities under this Act, and
under all | 8 |
| other State and local occupation and use tax laws administered | 9 |
| by the
Department, for the immediately preceding calendar year. | 10 |
| The term "average
monthly tax liability" means
the sum of the | 11 |
| taxpayer's liabilities under this Act, and under all other | 12 |
| State
and local occupation and use tax laws administered by the | 13 |
| Department, for the
immediately preceding calendar year | 14 |
| divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 15 |
| a tax liability in the
amount set forth in subsection (b) of | 16 |
| Section 2505-210 of the Department of
Revenue Law shall make | 17 |
| all payments required by rules of the Department by
electronic | 18 |
| funds transfer.
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| Before August 1 of each year beginning in 1993, the | 20 |
| Department shall notify
all taxpayers required to make payments | 21 |
| by electronic funds transfer. All
taxpayers required to make | 22 |
| payments by electronic funds transfer shall make
those payments | 23 |
| for a minimum of one year beginning on October 1.
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| Any taxpayer not required to make payments by electronic | 25 |
| funds transfer may
make payments by electronic funds transfer | 26 |
| with the permission of the
Department.
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| All taxpayers required to make payment by electronic funds | 2 |
| transfer and any
taxpayers authorized to voluntarily make | 3 |
| payments by electronic funds transfer
shall make those payments | 4 |
| in the manner authorized by the Department.
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| The Department shall adopt such rules as are necessary to | 6 |
| effectuate a
program of electronic funds transfer and the | 7 |
| requirements of this Section.
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| Before October 1, 2000, if the taxpayer's average monthly | 9 |
| tax liability
to the Department
under this Act, the Retailers' | 10 |
| Occupation Tax Act, the Service
Occupation Tax Act, the Service | 11 |
| Use Tax Act was $10,000 or more
during
the preceding 4 complete | 12 |
| calendar quarters, he shall file a return with the
Department | 13 |
| each month by the 20th day of the month next following the | 14 |
| month
during which such tax liability is incurred and shall | 15 |
| make payments to the
Department on or before the 7th, 15th, | 16 |
| 22nd and last day of the month
during which such liability is | 17 |
| incurred.
On and after October 1, 2000, if the taxpayer's | 18 |
| average monthly tax liability
to the Department under this Act, | 19 |
| the Retailers' Occupation Tax Act,
the
Service Occupation Tax | 20 |
| Act, and the Service Use Tax Act was $20,000 or more
during the | 21 |
| preceding 4 complete calendar quarters, he shall file a return | 22 |
| with
the Department each month by the 20th day of the month | 23 |
| next following the month
during which such tax liability is | 24 |
| incurred and shall make payment to the
Department on or before | 25 |
| the 7th, 15th, 22nd and last day of the
month during
which such | 26 |
| liability is incurred.
If the month during which such tax
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| liability is incurred began prior to January 1, 1985, each | 2 |
| 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 | 4 |
| Department not to
exceed 1/4 of the average monthly liability | 5 |
| of the taxpayer to the
Department for the preceding 4 complete | 6 |
| calendar quarters (excluding the
month of highest liability and | 7 |
| the month of lowest liability in such 4
quarter period). If the | 8 |
| month during which such tax liability is incurred
begins on or | 9 |
| 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 | 11 |
| actual liability
for the month or 27.5% of the taxpayer's | 12 |
| liability for the same calendar
month of the preceding year. If | 13 |
| the month during which such tax liability
is incurred begins on | 14 |
| or after January 1, 1987, and prior to January 1,
1988, each | 15 |
| 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 | 17 |
| liability for
the same calendar month of the preceding year. If | 18 |
| the month during which such
tax liability is incurred begins on | 19 |
| or after January 1, 1988, and prior to
January 1, 1989,
or | 20 |
| begins on or after January 1, 1996, each payment shall be in an | 21 |
| amount equal
to 22.5% of the taxpayer's actual liability for | 22 |
| the month or 25% of the
taxpayer's liability for the same | 23 |
| calendar month of the preceding year. If the
month during which | 24 |
| 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 | 26 |
| amount equal to 22.5%
of the taxpayer's actual liability for |
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| the month or 25% of the taxpayer's
liability for the same | 2 |
| calendar month of the preceding year or 100% of the
taxpayer's | 3 |
| actual liability for the quarter monthly reporting period. The
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| amount of such quarter monthly payments shall be credited | 5 |
| against the final tax
liability
of the taxpayer's return for | 6 |
| that month. Before October 1, 2000, once
applicable, the | 7 |
| requirement
of the making of quarter monthly payments to the | 8 |
| Department shall continue
until such taxpayer's average | 9 |
| monthly liability to the Department during
the preceding 4 | 10 |
| 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 | 13 |
| the Department as computed for
each calendar quarter of the 4 | 14 |
| preceding complete calendar quarter period
is less than | 15 |
| $10,000. However, if a taxpayer can show the
Department that
a | 16 |
| substantial change in the taxpayer's business has occurred | 17 |
| which causes
the taxpayer to anticipate that his average | 18 |
| monthly tax liability for the
reasonably foreseeable future | 19 |
| will fall below the $10,000 threshold
stated above, then
such | 20 |
| taxpayer
may petition the Department for change in such | 21 |
| taxpayer's reporting status.
On and after October 1, 2000, once | 22 |
| applicable, the requirement of the making
of quarter monthly | 23 |
| payments to the Department shall continue until such
taxpayer's | 24 |
| average monthly liability to the Department during the | 25 |
| preceding 4
complete calendar quarters (excluding the month of | 26 |
| highest liability and the
month of lowest liability) is less |
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| than $19,000 or until such taxpayer's
average monthly liability | 2 |
| to the Department as computed for each calendar
quarter of the | 3 |
| 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 | 5 |
| substantial
change in the taxpayer's business has occurred | 6 |
| which causes the taxpayer to
anticipate that his average | 7 |
| monthly tax liability for the reasonably
foreseeable future | 8 |
| will fall below the $20,000 threshold stated above, then
such | 9 |
| taxpayer may petition the Department for a change in such | 10 |
| taxpayer's
reporting status.
The Department shall change such | 11 |
| taxpayer's reporting status unless it
finds that such change is | 12 |
| seasonal in nature and not likely to be long
term. If any such | 13 |
| quarter monthly payment is not paid at the time or in
the | 14 |
| amount required by this Section, then the taxpayer shall be | 15 |
| liable for
penalties and interest on
the difference between the | 16 |
| minimum amount due and the amount of such
quarter monthly | 17 |
| payment actually and timely paid, except insofar as the
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| taxpayer has previously made payments for that month to the | 19 |
| Department in
excess of the minimum payments previously due as | 20 |
| provided in this Section.
The Department shall make reasonable | 21 |
| rules and regulations to govern the
quarter monthly payment | 22 |
| amount and quarter monthly payment dates for
taxpayers who file | 23 |
| on other than a calendar monthly basis.
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| If any such payment provided for in this Section exceeds | 25 |
| the taxpayer's
liabilities under this Act, the Retailers' | 26 |
| Occupation Tax Act, the Service
Occupation Tax Act and the |
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| Service Use Tax Act, as shown by an original
monthly return, | 2 |
| the Department shall issue to the taxpayer a credit
memorandum | 3 |
| 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 | 5 |
| in payment of
tax liability subsequently to be remitted by the | 6 |
| taxpayer to the Department
or be assigned by the taxpayer to a | 7 |
| similar taxpayer under this Act, the
Retailers' Occupation Tax | 8 |
| Act, the Service Occupation Tax Act or the
Service Use Tax Act, | 9 |
| in accordance with reasonable rules and regulations to
be | 10 |
| prescribed by the Department, except that if such excess | 11 |
| payment is
shown on an original monthly return and is made | 12 |
| after December 31, 1986, no
credit memorandum shall be issued, | 13 |
| unless requested by the taxpayer. If no
such request is made, | 14 |
| the taxpayer may credit such excess payment against
tax | 15 |
| liability subsequently to be remitted by the taxpayer to the | 16 |
| Department
under this Act, the Retailers' Occupation Tax Act, | 17 |
| the Service Occupation
Tax Act or the Service Use Tax Act, in | 18 |
| accordance with reasonable rules and
regulations prescribed by | 19 |
| the Department. If the Department subsequently
determines that | 20 |
| all or any part of the credit taken was not actually due to
the | 21 |
| taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | 22 |
| be
reduced by 2.1% or 1.75% of the difference between the | 23 |
| credit taken and
that actually due, and the taxpayer shall be | 24 |
| liable for penalties and
interest on such difference.
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| If the retailer is otherwise required to file a monthly | 26 |
| return and if the
retailer's average monthly tax liability to |
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| the Department
does not exceed $200, the Department may | 2 |
| authorize his returns to be
filed on a quarter annual basis, | 3 |
| with the return for January, February,
and March of a given | 4 |
| year being due by April 20 of such year; with the
return for | 5 |
| April, May and June of a given year being due by July 20 of
such | 6 |
| year; with the return for July, August and September of a given
| 7 |
| year being due by October 20 of such year, and with the return | 8 |
| for
October, November and December of a given year being due by | 9 |
| January 20
of the following year.
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| If the retailer is otherwise required to file a monthly or | 11 |
| quarterly
return and if the retailer's average monthly tax | 12 |
| liability to the
Department does not exceed $50, the Department | 13 |
| may authorize his returns to
be filed on an annual basis, with | 14 |
| the return for a given year being due by
January 20 of the | 15 |
| following year.
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| Such quarter annual and annual returns, as to form and | 17 |
| substance,
shall be subject to the same requirements as monthly | 18 |
| returns.
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| Notwithstanding any other provision in this Act concerning | 20 |
| the time
within which a retailer may file his return, in the | 21 |
| case of any retailer
who ceases to engage in a kind of business | 22 |
| which makes him responsible
for filing returns under this Act, | 23 |
| such retailer shall file a final
return under this Act with the | 24 |
| Department not more than one month after
discontinuing such | 25 |
| 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 | 2 |
| an agency of
this State, every
retailer selling this kind of | 3 |
| tangible personal property shall file,
with the Department, | 4 |
| upon a form to be prescribed and supplied by the
Department, a | 5 |
| separate return for each such item of tangible personal
| 6 |
| property which the retailer sells, except that if, in the same
| 7 |
| transaction, (i) a retailer of aircraft, watercraft, motor | 8 |
| vehicles or
trailers transfers more than
one aircraft, | 9 |
| watercraft, motor
vehicle or trailer to another aircraft, | 10 |
| watercraft, motor vehicle or
trailer retailer for the purpose | 11 |
| of resale
or (ii) a retailer of aircraft, watercraft, motor | 12 |
| vehicles, or trailers
transfers more than one aircraft, | 13 |
| watercraft, motor vehicle, or trailer to a
purchaser for use as | 14 |
| a qualifying rolling stock as provided in Section 3-55 of
this | 15 |
| Act, then
that seller may report the transfer of all the
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| aircraft, watercraft, motor
vehicles
or trailers involved in | 17 |
| that transaction to the Department on the same
uniform
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| invoice-transaction reporting return form.
For purposes of | 19 |
| this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | 20 |
| watercraft as defined in Section 3-2 of the Boat Registration | 21 |
| and Safety Act,
a
personal watercraft, or any boat equipped | 22 |
| with an inboard motor.
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| The transaction reporting return in the case of motor | 24 |
| vehicles
or trailers that are required to be registered with an | 25 |
| agency of this
State, shall
be the same document as the Uniform | 26 |
| Invoice referred to in Section 5-402
of the Illinois Vehicle |
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LRB095 03354 BDD 23358 b |
|
| 1 |
| Code and must show the name and address of the
seller; the name | 2 |
| and address of the purchaser; the amount of the selling
price | 3 |
| including the amount allowed by the retailer for traded-in
| 4 |
| property, if any; the amount allowed by the retailer for the | 5 |
| traded-in
tangible personal property, if any, to the extent to | 6 |
| which Section 2 of
this Act allows an exemption for the value | 7 |
| of traded-in property; the
balance payable after deducting such | 8 |
| trade-in allowance from the total
selling price; the amount of | 9 |
| tax due from the retailer with respect to
such transaction; the | 10 |
| amount of tax collected from the purchaser by the
retailer on | 11 |
| such transaction (or satisfactory evidence that such tax is
not | 12 |
| due in that particular instance, if that is claimed to be the | 13 |
| fact);
the place and date of the sale; a sufficient | 14 |
| identification of the
property sold; such other information as | 15 |
| is required in Section 5-402 of
the Illinois Vehicle Code, and | 16 |
| such other information as the Department
may reasonably | 17 |
| require.
| 18 |
| The transaction reporting return in the case of watercraft
| 19 |
| and aircraft must show
the name and address of the seller; the | 20 |
| name and address of the
purchaser; the amount of the selling | 21 |
| price including the amount allowed
by the retailer for | 22 |
| traded-in property, if any; the amount allowed by
the retailer | 23 |
| for the traded-in tangible personal property, if any, to
the | 24 |
| extent to which Section 2 of this Act allows an exemption for | 25 |
| the
value of traded-in property; the balance payable after | 26 |
| deducting such
trade-in allowance from the total selling price; |
|
|
|
HB0160 Engrossed |
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LRB095 03354 BDD 23358 b |
|
| 1 |
| the amount of tax due
from the retailer with respect to such | 2 |
| transaction; the amount of tax
collected from the purchaser by | 3 |
| the retailer on such transaction (or
satisfactory evidence that | 4 |
| such tax is not due in that particular
instance, if that is | 5 |
| claimed to be the fact); the place and date of the
sale, a | 6 |
| sufficient identification of the property sold, and such other
| 7 |
| information as the Department may reasonably require.
| 8 |
| Such transaction reporting return shall be filed not later | 9 |
| than 20
days after the date of delivery of the item that is | 10 |
| being sold, but may
be filed by the retailer at any time sooner | 11 |
| than that if he chooses to
do so. The transaction reporting | 12 |
| return and tax remittance or proof of
exemption from the tax | 13 |
| that is imposed by this Act may be transmitted to
the | 14 |
| Department by way of the State agency with which, or State | 15 |
| officer
with whom, the tangible personal property must be | 16 |
| titled or registered
(if titling or registration is required) | 17 |
| if the Department and such
agency or State officer determine | 18 |
| that this procedure will expedite the
processing of | 19 |
| applications for title or registration.
| 20 |
| With each such transaction reporting return, the retailer | 21 |
| shall remit
the proper amount of tax due (or shall submit | 22 |
| satisfactory evidence that
the sale is not taxable if that is | 23 |
| the case), to the Department or its
agents, whereupon the | 24 |
| Department shall issue, in the purchaser's name, a
tax receipt | 25 |
| (or a certificate of exemption if the Department is
satisfied | 26 |
| that the particular sale is tax exempt) which such purchaser
|
|
|
|
HB0160 Engrossed |
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LRB095 03354 BDD 23358 b |
|
| 1 |
| may submit to the agency with which, or State officer with | 2 |
| whom, he must
title or register the tangible personal property | 3 |
| that is involved (if
titling or registration is required) in | 4 |
| support of such purchaser's
application for an Illinois | 5 |
| certificate or other evidence of title or
registration to such | 6 |
| tangible personal property.
| 7 |
| No retailer's failure or refusal to remit tax under this | 8 |
| Act
precludes a user, who has paid the proper tax to the | 9 |
| retailer, from
obtaining his certificate of title or other | 10 |
| evidence of title or
registration (if titling or registration | 11 |
| is required) upon satisfying
the Department that such user has | 12 |
| paid the proper tax (if tax is due) to
the retailer. The | 13 |
| Department shall adopt appropriate rules to carry out
the | 14 |
| mandate of this paragraph.
| 15 |
| If the user who would otherwise pay tax to the retailer | 16 |
| wants the
transaction reporting return filed and the payment of | 17 |
| tax or proof of
exemption made to the Department before the | 18 |
| retailer is willing to take
these actions and such user has not | 19 |
| paid the tax to the retailer, such
user may certify to the fact | 20 |
| of such delay by the retailer, and may
(upon the Department | 21 |
| being satisfied of the truth of such certification)
transmit | 22 |
| the information required by the transaction reporting return
| 23 |
| and the remittance for tax or proof of exemption directly to | 24 |
| the
Department and obtain his tax receipt or exemption | 25 |
| determination, in
which event the transaction reporting return | 26 |
| and tax remittance (if a
tax payment was required) shall be |
|
|
|
HB0160 Engrossed |
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LRB095 03354 BDD 23358 b |
|
| 1 |
| credited by the Department to the
proper retailer's account | 2 |
| with the Department, but without the 2.1% or 1.75%
discount | 3 |
| provided for in this Section being allowed. When the user pays
| 4 |
| the tax directly to the Department, he shall pay the tax in the | 5 |
| same
amount and in the same form in which it would be remitted | 6 |
| if the tax had
been remitted to the Department by the retailer.
| 7 |
| Where a retailer collects the tax with respect to the | 8 |
| selling price
of tangible personal property which he sells and | 9 |
| the purchaser
thereafter returns such tangible personal | 10 |
| property and the retailer
refunds the selling price thereof to | 11 |
| the purchaser, such retailer shall
also refund, to the | 12 |
| purchaser, the tax so collected from the purchaser.
When filing | 13 |
| his return for the period in which he refunds such tax to
the | 14 |
| purchaser, the retailer may deduct the amount of the tax so | 15 |
| refunded
by him to the purchaser from any other use tax which | 16 |
| such retailer may
be required to pay or remit to the | 17 |
| Department, as shown by such return,
if the amount of the tax | 18 |
| to be deducted was previously remitted to the
Department by | 19 |
| such retailer. If the retailer has not previously
remitted the | 20 |
| amount of such tax to the Department, he is entitled to no
| 21 |
| deduction under this Act upon refunding such tax to the | 22 |
| purchaser.
| 23 |
| Any retailer filing a return under this Section shall also | 24 |
| include
(for the purpose of paying tax thereon) the total tax | 25 |
| covered by such
return upon the selling price of tangible | 26 |
| personal property purchased by
him at retail from a retailer, |
|
|
|
HB0160 Engrossed |
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LRB095 03354 BDD 23358 b |
|
| 1 |
| but as to which the tax imposed by this
Act was not collected | 2 |
| from the retailer filing such return, and such
retailer shall | 3 |
| remit the amount of such tax to the Department when
filing such | 4 |
| return.
| 5 |
| If experience indicates such action to be practicable, the | 6 |
| Department
may prescribe and furnish a combination or joint | 7 |
| return which will
enable retailers, who are required to file | 8 |
| returns hereunder and also
under the Retailers' Occupation Tax | 9 |
| Act, to furnish all the return
information required by both | 10 |
| Acts on the one form.
| 11 |
| Where the retailer has more than one business registered | 12 |
| with the
Department under separate registration under this Act, | 13 |
| such retailer may
not file each return that is due as a single | 14 |
| return covering all such
registered businesses, but shall file | 15 |
| separate returns for each such
registered business.
| 16 |
| Beginning January 1, 1990, each month the Department shall | 17 |
| pay into the
State and Local Sales Tax Reform Fund, a special | 18 |
| fund in the State Treasury
which is hereby created, the net | 19 |
| revenue realized for the preceding month
from the 1% tax on | 20 |
| sales of food for human consumption which is to be
consumed off | 21 |
| the premises where it is sold (other than alcoholic beverages,
| 22 |
| soft drinks and food which has been prepared for immediate | 23 |
| consumption) and
prescription and nonprescription medicines, | 24 |
| drugs, medical appliances and
insulin, urine testing | 25 |
| materials, syringes and needles used by diabetics.
| 26 |
| Beginning January 1, 1990, each month the Department shall |
|
|
|
HB0160 Engrossed |
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LRB095 03354 BDD 23358 b |
|
| 1 |
| pay into
the County and Mass Transit District Fund 4% of the | 2 |
| net revenue realized
for the preceding month from the 6.25% | 3 |
| general rate
on the selling price of tangible personal property | 4 |
| which is purchased
outside Illinois at retail from a retailer | 5 |
| and which is titled or
registered by an agency of this State's | 6 |
| government.
| 7 |
| Beginning January 1, 1990, each month the Department shall | 8 |
| pay into
the State and Local Sales Tax Reform Fund, a special | 9 |
| fund in the State
Treasury, 20% of the net revenue realized
for | 10 |
| the preceding month from the 6.25% general rate on the selling
| 11 |
| price of tangible personal property, other than tangible | 12 |
| personal property
which is purchased outside Illinois at retail | 13 |
| from a retailer and which is
titled or registered by an agency | 14 |
| of this State's government.
| 15 |
| Beginning August 1, 2000, each
month the Department shall | 16 |
| pay into the
State and Local Sales Tax Reform Fund 100% of the | 17 |
| net revenue realized for the
preceding month from the 1.25% | 18 |
| rate on the selling price of motor fuel and
gasohol.
| 19 |
| Beginning January 1, 1990, each month the Department shall | 20 |
| pay into
the Local Government Tax Fund 16% of the net revenue | 21 |
| realized for the
preceding month from the 6.25% general rate on | 22 |
| the selling price of
tangible personal property which is | 23 |
| purchased outside Illinois at retail
from a retailer and which | 24 |
| is titled or registered by an agency of this
State's | 25 |
| government.
| 26 |
| Beginning on August 1, 2007 and continuing through July 31, |
|
|
|
HB0160 Engrossed |
- 22 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| 2009, each
month the Department shall pay into the
Road Fund | 2 |
| 35% of the net revenue realized for the
preceding month from | 3 |
| the 6.25% rate on the 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 Section 3 | 12 |
| of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | 13 |
| Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | 14 |
| Service Occupation Tax Act, such Acts being
hereinafter called | 15 |
| the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | 16 |
| may be, of moneys being hereinafter called the "Tax Act | 17 |
| Amount",
and (2) the amount transferred to the Build Illinois | 18 |
| Fund from the State
and Local Sales Tax Reform Fund shall be | 19 |
| less than the Annual Specified
Amount (as defined in Section 3 | 20 |
| of the Retailers' Occupation Tax Act), an
amount equal to the | 21 |
| difference shall be immediately paid into the Build
Illinois | 22 |
| Fund from other moneys received by the Department pursuant to | 23 |
| the
Tax Acts; and further provided, that if on the last | 24 |
| business day of any
month the sum of (1) the Tax Act Amount | 25 |
| required to be deposited into the
Build Illinois Bond Account | 26 |
| in the Build Illinois Fund during such month
and (2) the amount |
|
|
|
HB0160 Engrossed |
- 23 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| transferred during such month to the Build Illinois Fund
from | 2 |
| the State and Local Sales Tax Reform Fund shall have been less | 3 |
| than
1/12 of the Annual Specified Amount, an amount equal to | 4 |
| the difference
shall be immediately paid into the Build | 5 |
| Illinois Fund from other moneys
received by the Department | 6 |
| pursuant to the Tax Acts; and,
further provided, that in no | 7 |
| event shall the payments required under the
preceding proviso | 8 |
| result in aggregate payments into the Build Illinois Fund
| 9 |
| pursuant to this clause (b) for any fiscal year in excess of | 10 |
| the greater
of (i) the Tax Act Amount or (ii) the Annual | 11 |
| Specified Amount for such
fiscal year; and, further provided, | 12 |
| that the amounts payable into the Build
Illinois Fund under | 13 |
| this clause (b) shall be payable only until such time
as the | 14 |
| aggregate amount on deposit under each trust
indenture securing | 15 |
| Bonds issued and outstanding pursuant to the Build
Illinois | 16 |
| Bond Act is sufficient, taking into account any future | 17 |
| investment
income, to fully provide, in accordance with such | 18 |
| indenture, for the
defeasance of or the payment of the | 19 |
| principal of, premium, if any, and
interest on the Bonds | 20 |
| secured by such indenture and on any Bonds expected
to be | 21 |
| issued thereafter and all fees and costs payable with respect | 22 |
| thereto,
all as certified by the Director of the
Bureau of the | 23 |
| Budget (now Governor's Office of Management and Budget). If
on | 24 |
| the last
business day of any month in which Bonds are | 25 |
| outstanding pursuant to the
Build Illinois Bond Act, the | 26 |
| aggregate of the moneys deposited
in the Build Illinois Bond |
|
|
|
HB0160 Engrossed |
- 24 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Account in the Build Illinois Fund in such month
shall be less | 2 |
| than the amount required to be transferred in such month from
| 3 |
| the Build Illinois Bond Account to the Build Illinois Bond | 4 |
| Retirement and
Interest Fund pursuant to Section 13 of the | 5 |
| Build Illinois Bond Act, an
amount equal to such deficiency | 6 |
| shall be immediately paid
from other moneys received by the | 7 |
| Department pursuant to the Tax Acts
to the Build Illinois Fund; | 8 |
| provided, however, that any amounts paid to the
Build Illinois | 9 |
| Fund in any fiscal year pursuant to this sentence shall be
| 10 |
| deemed to constitute payments pursuant to clause (b) of the | 11 |
| preceding
sentence and shall reduce the amount otherwise | 12 |
| payable for such fiscal year
pursuant to clause (b) of the | 13 |
| preceding sentence. The moneys received by
the Department | 14 |
| pursuant to this Act and required to be deposited into the
| 15 |
| Build Illinois Fund are subject to the pledge, claim and charge | 16 |
| set forth
in Section 12 of the Build Illinois Bond Act.
| 17 |
| Subject to payment of amounts into the Build Illinois Fund | 18 |
| as provided in
the preceding paragraph or in any amendment | 19 |
| thereto hereafter enacted, the
following specified monthly | 20 |
| installment of the amount requested in the
certificate of the | 21 |
| Chairman of the Metropolitan Pier and Exposition
Authority | 22 |
| provided under Section 8.25f of the State Finance Act, but not | 23 |
| in
excess of the sums designated as "Total Deposit", shall be
| 24 |
| deposited in the aggregate from collections under Section 9 of | 25 |
| the Use Tax
Act, Section 9 of the Service Use Tax Act, Section | 26 |
| 9 of the Service
Occupation Tax Act, and Section 3 of the |
|
|
|
HB0160 Engrossed |
- 25 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Retailers' Occupation Tax Act into
the McCormick Place | 2 |
| Expansion Project Fund in the specified fiscal years.
|
|
3 | | Fiscal Year |
|
Total Deposit |
|
4 | | 1993 |
|
$0 |
|
5 | | 1994 |
|
53,000,000 |
|
6 | | 1995 |
|
58,000,000 |
|
7 | | 1996 |
|
61,000,000 |
|
8 | | 1997 |
|
64,000,000 |
|
9 | | 1998 |
|
68,000,000 |
|
10 | | 1999 |
|
71,000,000 |
|
11 | | 2000 |
|
75,000,000 |
|
12 | | 2001 |
|
80,000,000 |
|
13 | | 2002 |
|
93,000,000 |
|
14 | | 2003 |
|
99,000,000 |
|
15 | | 2004 |
|
103,000,000 |
|
16 | | 2005 |
|
108,000,000 |
|
17 | | 2006 |
|
113,000,000 |
|
18 | | 2007 |
|
119,000,000 |
|
19 | | 2008 |
|
126,000,000 |
|
20 | | 2009 |
|
132,000,000 |
|
21 | | 2010 |
|
139,000,000 |
|
22 | | 2011 |
|
146,000,000 |
|
23 | | 2012 |
|
153,000,000 |
|
24 | | 2013 |
|
161,000,000 |
|
25 | | 2014 |
|
170,000,000 |
|
|
|
|
|
HB0160 Engrossed |
- 26 - |
LRB095 03354 BDD 23358 b |
|
| 1 | | 2015 |
|
179,000,000 |
|
2 | | 2016 |
|
189,000,000 |
|
3 | | 2017 |
|
199,000,000 |
|
4 | | 2018 |
|
210,000,000 |
|
5 | | 2019 |
|
221,000,000 |
|
6 | | 2020 |
|
233,000,000 |
|
7 | | 2021 |
|
246,000,000 |
|
8 | | 2022 |
|
260,000,000 |
|
9 | | 2023 and |
|
275,000,000 |
|
10 | | each fiscal year | | |
|
11 | | thereafter that bonds | | |
|
12 | | are outstanding under | | |
|
13 | | Section 13.2 of the | | |
|
14 | | Metropolitan Pier and | | |
|
15 | | Exposition Authority Act, | | |
|
16 | | but not after fiscal year 2042. | | |
| 17 |
| Beginning July 20, 1993 and in each month of each fiscal | 18 |
| year thereafter,
one-eighth of the amount requested in the | 19 |
| certificate of the Chairman of
the Metropolitan Pier and | 20 |
| Exposition Authority for that fiscal year, less
the amount | 21 |
| deposited into the McCormick Place Expansion Project Fund by | 22 |
| the
State Treasurer in the respective month under subsection | 23 |
| (g) of Section 13
of the Metropolitan Pier and Exposition | 24 |
| Authority Act, plus cumulative
deficiencies in the deposits | 25 |
| required under this Section for previous
months and years, | 26 |
| shall be deposited into the McCormick Place Expansion
Project |
|
|
|
HB0160 Engrossed |
- 27 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Fund, until the full amount requested for the fiscal year, but | 2 |
| not
in excess of the amount specified above as "Total Deposit", | 3 |
| has been deposited.
| 4 |
| Subject to payment of amounts into the Build Illinois Fund | 5 |
| and the
McCormick Place Expansion Project Fund pursuant to the | 6 |
| preceding paragraphs or
in any amendments thereto
hereafter | 7 |
| enacted,
beginning July 1, 1993, the Department shall each | 8 |
| month pay into the Illinois
Tax Increment Fund 0.27% of 80% of | 9 |
| the net revenue realized for the preceding
month from the 6.25% | 10 |
| general rate on the selling price of tangible personal
| 11 |
| property.
| 12 |
| Subject to payment of amounts into the Build Illinois Fund | 13 |
| and the
McCormick Place Expansion Project Fund pursuant to the | 14 |
| preceding paragraphs or in any
amendments thereto hereafter | 15 |
| enacted, beginning with the receipt of the first
report of | 16 |
| taxes paid by an eligible business and continuing for a 25-year
| 17 |
| period, the Department shall each month pay into the Energy | 18 |
| Infrastructure
Fund 80% of the net revenue realized from the | 19 |
| 6.25% general rate on the
selling price of Illinois-mined coal | 20 |
| that was sold to an eligible business.
For purposes of this | 21 |
| paragraph, the term "eligible business" means a new
electric | 22 |
| generating facility certified pursuant to Section 605-332 of | 23 |
| the
Department of Commerce and
Economic Opportunity Law of the | 24 |
| Civil Administrative
Code of Illinois.
| 25 |
| Of the remainder of the moneys received by the Department | 26 |
| pursuant
to this Act, 75% thereof shall be paid into the State |
|
|
|
HB0160 Engrossed |
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LRB095 03354 BDD 23358 b |
|
| 1 |
| Treasury and 25%
shall be reserved in a special account and | 2 |
| used only for the transfer to
the Common School Fund as part of | 3 |
| the monthly transfer from the General
Revenue Fund in | 4 |
| accordance with Section 8a of the State
Finance Act.
| 5 |
| As soon as possible after the first day of each month, upon | 6 |
| certification
of the Department of Revenue, the Comptroller | 7 |
| shall order transferred and
the Treasurer shall transfer from | 8 |
| the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 9 |
| equal to 1.7% of 80% of the net revenue realized
under this Act | 10 |
| for the second preceding month.
Beginning April 1, 2000, this | 11 |
| transfer is no longer required
and shall not be made.
| 12 |
| Net revenue realized for a month shall be the revenue | 13 |
| collected
by the State pursuant to this Act, less the amount | 14 |
| paid out during that
month as refunds to taxpayers for | 15 |
| overpayment of liability.
| 16 |
| For greater simplicity of administration, manufacturers, | 17 |
| importers
and wholesalers whose products are sold at retail in | 18 |
| Illinois by
numerous retailers, and who wish to do so, may | 19 |
| assume the responsibility
for accounting and paying to the | 20 |
| Department all tax accruing under this
Act with respect to such | 21 |
| sales, if the retailers who are affected do not
make written | 22 |
| objection to the Department to this arrangement.
| 23 |
| (Source: P.A. 94-793, eff. 5-19-06.)
| 24 |
| Section 910. The Service Use Tax Act is amended by changing | 25 |
| Section 9 as follows:
|
|
|
|
HB0160 Engrossed |
- 29 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| (35 ILCS 110/9) (from Ch. 120, par. 439.39)
| 2 |
| Sec. 9. Each serviceman required or authorized to collect | 3 |
| the tax
herein imposed shall pay to the Department the amount | 4 |
| of such tax
(except as otherwise provided) at the time when he | 5 |
| is required to file
his return for the period during which such | 6 |
| tax was collected, less a
discount of 2.1% prior to January 1, | 7 |
| 1990 and 1.75% on and after January 1,
1990, or $5 per calendar | 8 |
| year, whichever is greater, which is allowed to
reimburse the | 9 |
| serviceman for expenses incurred in collecting the tax,
keeping | 10 |
| records, preparing and filing returns, remitting the tax and
| 11 |
| supplying data to the Department on request. A serviceman need | 12 |
| not remit
that part of any tax collected by him to the extent | 13 |
| that he is required to
pay and does pay the tax imposed by the | 14 |
| Service Occupation Tax Act with
respect to his sale of service | 15 |
| involving the incidental transfer by him of
the same property.
| 16 |
| Except as provided hereinafter in this Section, on or | 17 |
| before the twentieth
day of each calendar month, such | 18 |
| serviceman shall file a return for the
preceding calendar month | 19 |
| in accordance with reasonable Rules and
Regulations to be | 20 |
| promulgated by the Department. Such return shall be
filed on a | 21 |
| form prescribed by the Department and shall contain such
| 22 |
| information as the Department may reasonably require.
| 23 |
| The Department may require returns to be filed on a | 24 |
| quarterly basis.
If so required, a return for each calendar | 25 |
| quarter shall be filed on or
before the twentieth day of the |
|
|
|
HB0160 Engrossed |
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LRB095 03354 BDD 23358 b |
|
| 1 |
| calendar month following the end of such
calendar quarter. The | 2 |
| taxpayer shall also file a return with the
Department for each | 3 |
| of the first two months of each calendar quarter, on or
before | 4 |
| the twentieth day of the following calendar month, stating:
| 5 |
| 1. The name of the seller;
| 6 |
| 2. The address of the principal place of business from | 7 |
| which he engages
in business as a serviceman in this State;
| 8 |
| 3. The total amount of taxable receipts received by him | 9 |
| during the
preceding calendar month, including receipts | 10 |
| from charge and time sales,
but less all deductions allowed | 11 |
| by law;
| 12 |
| 4. The amount of credit provided in Section 2d of this | 13 |
| Act;
| 14 |
| 5. The amount of tax due;
| 15 |
| 5-5. The signature of the taxpayer; and
| 16 |
| 6. Such other reasonable information as the Department | 17 |
| may
require.
| 18 |
| If a taxpayer fails to sign a return within 30 days after | 19 |
| the proper notice
and demand for signature by the Department, | 20 |
| the return shall be considered
valid and any amount shown to be | 21 |
| due on the return shall be deemed assessed.
| 22 |
| Beginning October 1, 1993, a taxpayer who has an average | 23 |
| monthly tax
liability of $150,000 or more shall make all | 24 |
| payments required by rules of
the Department by electronic | 25 |
| funds transfer. Beginning October 1, 1994, a
taxpayer who has | 26 |
| an average monthly tax liability of $100,000 or more shall
make |
|
|
|
HB0160 Engrossed |
- 31 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| all payments required by rules of the Department by electronic | 2 |
| funds
transfer. Beginning October 1, 1995, a taxpayer who has | 3 |
| an average monthly
tax liability of $50,000 or more shall make | 4 |
| all payments required by rules
of the Department by electronic | 5 |
| funds transfer.
Beginning October 1, 2000, a taxpayer who has | 6 |
| an annual tax liability of
$200,000 or more shall make all | 7 |
| payments required by rules of the Department by
electronic | 8 |
| funds transfer. The term "annual tax liability" shall be the | 9 |
| sum of
the taxpayer's liabilities under this Act, and under all | 10 |
| other State and local
occupation and use tax laws administered | 11 |
| by the Department, for the immediately
preceding calendar year.
| 12 |
| The term "average monthly tax
liability" means the sum of the | 13 |
| taxpayer's liabilities under this Act, and
under all other | 14 |
| State and local occupation and use tax laws administered by the
| 15 |
| Department, for the immediately preceding calendar year | 16 |
| divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 17 |
| a tax liability in the
amount set forth in subsection (b) of | 18 |
| Section 2505-210 of the Department of
Revenue Law shall make | 19 |
| all payments required by rules of the Department by
electronic | 20 |
| funds transfer.
| 21 |
| Before August 1 of each year beginning in 1993, the | 22 |
| Department shall
notify all taxpayers required to make payments | 23 |
| by electronic funds transfer.
All taxpayers required to make | 24 |
| payments by electronic funds transfer shall
make those payments | 25 |
| for a minimum of one year beginning on October 1.
| 26 |
| Any taxpayer not required to make payments by electronic |
|
|
|
HB0160 Engrossed |
- 32 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| funds transfer
may make payments by electronic funds transfer | 2 |
| with the permission of the
Department.
| 3 |
| All taxpayers required to make payment by electronic funds | 4 |
| transfer and
any taxpayers authorized to voluntarily make | 5 |
| payments by electronic funds
transfer shall make those payments | 6 |
| in the manner authorized by the Department.
| 7 |
| The Department shall adopt such rules as are necessary to | 8 |
| effectuate a
program of electronic funds transfer and the | 9 |
| requirements of this Section.
| 10 |
| If the serviceman is otherwise required to file a monthly | 11 |
| return and
if the serviceman's average monthly tax liability to | 12 |
| the Department
does not exceed $200, the Department may | 13 |
| authorize his returns to be
filed on a quarter annual basis, | 14 |
| with the return for January, February
and March of a given year | 15 |
| being due by April 20 of such year; with the
return for April, | 16 |
| May and June of a given year being due by July 20 of
such year; | 17 |
| with the return for July, August and September of a given
year | 18 |
| being due by October 20 of such year, and with the return for
| 19 |
| October, November and December of a given year being due by | 20 |
| January 20
of the following year.
| 21 |
| If the serviceman is otherwise required to file a monthly | 22 |
| or quarterly
return and if the serviceman's average monthly tax | 23 |
| liability to the Department
does not exceed $50, the Department | 24 |
| may authorize his returns to be
filed on an annual basis, with | 25 |
| the return for a given year being due by
January 20 of the | 26 |
| following year.
|
|
|
|
HB0160 Engrossed |
- 33 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Such quarter annual and annual returns, as to form and | 2 |
| substance,
shall be subject to the same requirements as monthly | 3 |
| returns.
| 4 |
| Notwithstanding any other provision in this Act concerning | 5 |
| the time
within which a serviceman may file his return, in the | 6 |
| case of any
serviceman who ceases to engage in a kind of | 7 |
| business which makes him
responsible for filing returns under | 8 |
| this Act, such serviceman shall
file a final return under this | 9 |
| Act with the Department not more than 1
month after | 10 |
| discontinuing such business.
| 11 |
| Where a serviceman collects the tax with respect to the | 12 |
| selling price of
property which he sells and the purchaser | 13 |
| thereafter returns such
property and the serviceman refunds the | 14 |
| selling price thereof to the
purchaser, such serviceman shall | 15 |
| also refund, to the purchaser, the tax
so collected from the | 16 |
| purchaser. When filing his return for the period
in which he | 17 |
| refunds such tax to the purchaser, the serviceman may deduct
| 18 |
| the amount of the tax so refunded by him to the purchaser from | 19 |
| any other
Service Use Tax, Service Occupation Tax, retailers' | 20 |
| occupation tax or
use tax which such serviceman may be required | 21 |
| to pay or remit to the
Department, as shown by such return, | 22 |
| provided that the amount of the tax
to be deducted shall | 23 |
| previously have been remitted to the Department by
such | 24 |
| serviceman. If the serviceman shall not previously have | 25 |
| remitted
the amount of such tax to the Department, he shall be | 26 |
| entitled to no
deduction hereunder upon refunding such tax to |
|
|
|
HB0160 Engrossed |
- 34 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| the purchaser.
| 2 |
| Any serviceman filing a return hereunder shall also include | 3 |
| the total
tax upon the selling price of tangible personal | 4 |
| property purchased for use
by him as an incident to a sale of | 5 |
| service, and such serviceman shall remit
the amount of such tax | 6 |
| to the Department when filing such return.
| 7 |
| If experience indicates such action to be practicable, the | 8 |
| Department
may prescribe and furnish a combination or joint | 9 |
| return which will
enable servicemen, who are required to file | 10 |
| returns hereunder and also
under the Service Occupation Tax | 11 |
| Act, to furnish all the return
information required by both | 12 |
| Acts on the one form.
| 13 |
| Where the serviceman has more than one business registered | 14 |
| with the
Department under separate registration hereunder, | 15 |
| such serviceman shall
not file each return that is due as a | 16 |
| single return covering all such
registered businesses, but | 17 |
| shall file separate returns for each such
registered business.
| 18 |
| Beginning January 1, 1990, each month the Department shall | 19 |
| pay into
the State and Local Tax Reform Fund, a special fund in | 20 |
| the State Treasury,
the net revenue realized for the preceding | 21 |
| month from the 1% tax on sales
of food for human consumption | 22 |
| which is to be consumed off the premises
where it is sold | 23 |
| (other than alcoholic beverages, soft drinks and food
which has | 24 |
| been prepared for immediate consumption) and prescription and
| 25 |
| nonprescription medicines, drugs, medical appliances and | 26 |
| insulin, urine
testing materials, syringes and needles used by |
|
|
|
HB0160 Engrossed |
- 35 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| diabetics.
| 2 |
| Beginning January 1, 1990, each month the Department shall | 3 |
| pay into
the State and Local Sales Tax Reform Fund 20% of the | 4 |
| net revenue realized
for the preceding month from the 6.25% | 5 |
| general rate on transfers of
tangible personal property, other | 6 |
| than tangible personal property which is
purchased outside | 7 |
| Illinois at retail from a retailer and which is titled or
| 8 |
| registered by an agency of this State's government.
| 9 |
| Beginning August 1, 2000, each
month the Department shall | 10 |
| pay into the
State and Local Sales Tax Reform Fund 100% of the | 11 |
| net revenue realized for the
preceding
month from the 1.25% | 12 |
| rate on the selling price of motor fuel and gasohol.
| 13 |
| Beginning on August 1, 2007 and continuing through July 31, | 14 |
| 2009, each
month the Department shall pay into the
Road Fund | 15 |
| 35% of the net revenue realized for the
preceding month from | 16 |
| the 6.25% rate on the selling price of motor fuel and
gasohol.
| 17 |
| Of the remainder of the moneys received by the Department | 18 |
| pursuant
to this Act, (a) 1.75% thereof shall be paid into the | 19 |
| Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | 20 |
| and after July 1,
1989, 3.8% thereof shall be paid into the | 21 |
| Build Illinois Fund; provided,
however, that if in any fiscal | 22 |
| year the sum of (1) the aggregate of 2.2% or
3.8%, as the case | 23 |
| may be, of the moneys received by the Department and
required | 24 |
| to be paid into the Build Illinois Fund pursuant to Section 3 | 25 |
| of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax | 26 |
| Act, Section 9
of the Service Use Tax Act, and Section 9 of the |
|
|
|
HB0160 Engrossed |
- 36 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Service Occupation Tax
Act, such Acts being hereinafter called | 2 |
| the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | 3 |
| may be, of moneys being hereinafter called the
"Tax Act | 4 |
| Amount", and (2) the amount transferred to the Build Illinois | 5 |
| Fund
from the State and Local Sales Tax Reform Fund shall be | 6 |
| less than the
Annual Specified Amount (as defined in Section 3 | 7 |
| of the Retailers'
Occupation Tax Act), an amount equal to the | 8 |
| difference shall be immediately
paid into the Build Illinois | 9 |
| Fund from other moneys received by the
Department pursuant to | 10 |
| the Tax Acts; and further provided, that if on the
last | 11 |
| business day of any month the sum of (1) the Tax Act Amount | 12 |
| required
to be deposited into the Build Illinois Bond Account | 13 |
| in the Build Illinois
Fund during such month and (2) the amount | 14 |
| transferred during such month to
the Build Illinois Fund from | 15 |
| the State and Local Sales Tax Reform Fund
shall have been less | 16 |
| than 1/12 of the Annual Specified Amount, an amount
equal to | 17 |
| the difference shall be immediately paid into the Build | 18 |
| Illinois
Fund from other moneys received by the Department | 19 |
| pursuant to the Tax Acts;
and, further provided, that in no | 20 |
| event shall the payments required under
the preceding proviso | 21 |
| result in aggregate payments into the Build Illinois
Fund | 22 |
| pursuant to this clause (b) for any fiscal year in excess of | 23 |
| the
greater of (i) the Tax Act Amount or (ii) the Annual | 24 |
| Specified Amount for
such fiscal year; and, further provided, | 25 |
| that the amounts payable into the
Build Illinois Fund under | 26 |
| this clause (b) shall be payable only until such
time as the |
|
|
|
HB0160 Engrossed |
- 37 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| aggregate amount on deposit under each trust indenture securing
| 2 |
| Bonds issued and outstanding pursuant to the Build Illinois | 3 |
| Bond Act is
sufficient, taking into account any future | 4 |
| investment income, to fully
provide, in accordance with such | 5 |
| indenture, for the defeasance of or the
payment of the | 6 |
| principal of, premium, if any, and interest on the Bonds
| 7 |
| secured by such indenture and on any Bonds expected to be | 8 |
| issued thereafter
and all fees and costs payable with respect | 9 |
| thereto, all as certified by
the Director of the
Bureau of the | 10 |
| Budget (now Governor's Office of Management and Budget). If
on | 11 |
| the last business day of
any month in which Bonds are | 12 |
| outstanding pursuant to the Build Illinois
Bond Act, the | 13 |
| aggregate of the moneys deposited in the Build Illinois Bond
| 14 |
| Account in the Build Illinois Fund in such month shall be less | 15 |
| than the
amount required to be transferred in such month from | 16 |
| the Build Illinois
Bond Account to the Build Illinois Bond | 17 |
| Retirement and Interest Fund
pursuant to Section 13 of the | 18 |
| Build Illinois Bond Act, an amount equal to
such deficiency | 19 |
| shall be immediately paid from other moneys received by the
| 20 |
| Department pursuant to the Tax Acts to the Build Illinois Fund; | 21 |
| provided,
however, that any amounts paid to the Build Illinois | 22 |
| Fund in any fiscal
year pursuant to this sentence shall be | 23 |
| deemed to constitute payments
pursuant to clause (b) of the | 24 |
| preceding sentence and shall reduce the
amount otherwise | 25 |
| payable for such fiscal year pursuant to clause (b) of the
| 26 |
| preceding sentence. The moneys received by the Department |
|
|
|
HB0160 Engrossed |
- 38 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| pursuant to this
Act and required to be deposited into the | 2 |
| Build Illinois Fund are subject
to the pledge, claim and charge | 3 |
| set forth in Section 12 of the Build Illinois
Bond Act.
| 4 |
| Subject to payment of amounts into the Build Illinois Fund | 5 |
| as provided in
the preceding paragraph or in any amendment | 6 |
| thereto hereafter enacted, the
following specified monthly | 7 |
| installment of the amount requested in the
certificate of the | 8 |
| Chairman of the Metropolitan Pier and Exposition
Authority | 9 |
| provided under Section 8.25f of the State Finance Act, but not | 10 |
| in
excess of the sums designated as "Total Deposit", shall be | 11 |
| deposited in the
aggregate from collections under Section 9 of | 12 |
| the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | 13 |
| 9 of the Service Occupation Tax Act, and
Section 3 of the | 14 |
| Retailers' Occupation Tax Act into the McCormick Place
| 15 |
| Expansion Project Fund in the specified fiscal years.
|
|
16 | | Fiscal Year |
|
Total Deposit |
|
17 | | 1993 |
|
$0 |
|
18 | | 1994 |
|
53,000,000 |
|
19 | | 1995 |
|
58,000,000 |
|
20 | | 1996 |
|
61,000,000 |
|
21 | | 1997 |
|
64,000,000 |
|
22 | | 1998 |
|
68,000,000 |
|
23 | | 1999 |
|
71,000,000 |
|
24 | | 2000 |
|
75,000,000 |
|
25 | | 2001 |
|
80,000,000 |
|
|
|
|
|
HB0160 Engrossed |
- 39 - |
LRB095 03354 BDD 23358 b |
|
| 1 | | 2002 |
|
93,000,000 |
|
2 | | 2003 |
|
99,000,000 |
|
3 | | 2004 |
|
103,000,000 |
|
4 | | 2005 |
|
108,000,000 |
|
5 | | 2006 |
|
113,000,000 |
|
6 | | 2007 |
|
119,000,000 |
|
7 | | 2008 |
|
126,000,000 |
|
8 | | 2009 |
|
132,000,000 |
|
9 | | 2010 |
|
139,000,000 |
|
10 | | 2011 |
|
146,000,000 |
|
11 | | 2012 |
|
153,000,000 |
|
12 | | 2013 |
|
161,000,000 |
|
13 | | 2014 |
|
170,000,000 |
|
14 | | 2015 |
|
179,000,000 |
|
15 | | 2016 |
|
189,000,000 |
|
16 | | 2017 |
|
199,000,000 |
|
17 | | 2018 |
|
210,000,000 |
|
18 | | 2019 |
|
221,000,000 |
|
19 | | 2020 |
|
233,000,000 |
|
20 | | 2021 |
|
246,000,000 |
|
21 | | 2022 |
|
260,000,000 |
|
22 | | 2023 and |
|
275,000,000 |
|
23 | | each fiscal year | | |
|
24 | | thereafter that bonds | | |
|
25 | | are outstanding under | | |
|
26 | | Section 13.2 of the | | |
|
|
|
|
|
HB0160 Engrossed |
- 40 - |
LRB095 03354 BDD 23358 b |
|
| 1 | | Metropolitan Pier and | | |
|
2 | | Exposition Authority Act, | | |
|
3 | | but not after fiscal year 2042. | | |
|
4 |
| Beginning July 20, 1993 and in each month of each fiscal | 5 |
| year thereafter,
one-eighth of the amount requested in the | 6 |
| certificate of the Chairman of
the Metropolitan Pier and | 7 |
| Exposition Authority for that fiscal year, less
the amount | 8 |
| deposited into the McCormick Place Expansion Project Fund by | 9 |
| the
State Treasurer in the respective month under subsection | 10 |
| (g) of Section 13
of the Metropolitan Pier and Exposition | 11 |
| Authority Act, plus cumulative
deficiencies in the deposits | 12 |
| required under this Section for previous
months and years, | 13 |
| shall be deposited into the McCormick Place Expansion
Project | 14 |
| Fund, until the full amount requested for the fiscal year, but | 15 |
| not
in excess of the amount specified above as "Total Deposit", | 16 |
| has been deposited.
| 17 |
| Subject to payment of amounts into the Build Illinois Fund | 18 |
| and the
McCormick Place Expansion Project Fund
pursuant to the | 19 |
| preceding paragraphs or in any amendments thereto hereafter
| 20 |
| enacted, beginning July 1, 1993, the Department shall each | 21 |
| month pay into the
Illinois Tax Increment Fund 0.27% of 80% of | 22 |
| the net revenue realized for the
preceding month from the 6.25% | 23 |
| general rate on the selling price of tangible
personal | 24 |
| property.
| 25 |
| Subject to payment of amounts into the Build Illinois Fund | 26 |
| and the
McCormick Place Expansion Project Fund pursuant to the |
|
|
|
HB0160 Engrossed |
- 41 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| preceding paragraphs or
in any
amendments thereto hereafter | 2 |
| enacted, beginning with the receipt of the first
report of | 3 |
| taxes paid by an eligible business and continuing for a 25-year
| 4 |
| period, the Department shall each month pay into the Energy | 5 |
| Infrastructure
Fund 80% of the net revenue realized from the | 6 |
| 6.25% general rate on the
selling price of Illinois-mined coal | 7 |
| that was sold to an eligible business.
For purposes of this | 8 |
| paragraph, the term "eligible business" means a new
electric | 9 |
| generating facility certified pursuant to Section 605-332 of | 10 |
| the
Department of Commerce and
Economic Opportunity Law of the | 11 |
| Civil Administrative
Code of Illinois.
| 12 |
| All remaining moneys received by the Department pursuant to | 13 |
| this
Act shall be paid into the General Revenue Fund of the | 14 |
| State Treasury.
| 15 |
| As soon as possible after the first day of each month, upon | 16 |
| certification
of the Department of Revenue, the Comptroller | 17 |
| shall order transferred and
the Treasurer shall transfer from | 18 |
| the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 19 |
| equal to 1.7% of 80% of the net revenue realized
under this Act | 20 |
| for the second preceding month.
Beginning April 1, 2000, this | 21 |
| transfer is no longer required
and shall not be made.
| 22 |
| Net revenue realized for a month shall be the revenue | 23 |
| collected by the State
pursuant to this Act, less the amount | 24 |
| paid out during that month as refunds
to taxpayers for | 25 |
| overpayment of liability.
| 26 |
| (Source: P.A. 94-793, eff. 5-19-06.)
|
|
|
|
HB0160 Engrossed |
- 42 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Section 915. The Service Occupation Tax Act is amended by | 2 |
| changing Section 9 as follows:
| 3 |
| (35 ILCS 115/9) (from Ch. 120, par. 439.109)
| 4 |
| Sec. 9. Each serviceman required or authorized to collect | 5 |
| the tax
herein imposed shall pay to the Department the amount | 6 |
| of such tax at the
time when he is required to file his return | 7 |
| for the period during which
such tax was collectible, less a | 8 |
| discount of 2.1% prior to
January 1, 1990, and 1.75% on and | 9 |
| after January 1, 1990, or
$5 per calendar year, whichever is | 10 |
| greater, which is allowed to reimburse
the serviceman for | 11 |
| expenses incurred in collecting the tax, keeping
records, | 12 |
| preparing and filing returns, remitting the tax and supplying | 13 |
| data
to the Department on request.
| 14 |
| Where such tangible personal property is sold under a | 15 |
| conditional
sales contract, or under any other form of sale | 16 |
| wherein the payment of
the principal sum, or a part thereof, is | 17 |
| extended beyond the close of
the period for which the return is | 18 |
| filed, the serviceman, in collecting
the tax may collect, for | 19 |
| each tax return period, only the tax applicable
to the part of | 20 |
| the selling price actually received during such tax return
| 21 |
| period.
| 22 |
| Except as provided hereinafter in this Section, on or | 23 |
| before the twentieth
day of each calendar month, such | 24 |
| serviceman shall file a
return for the preceding calendar month |
|
|
|
HB0160 Engrossed |
- 43 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| in accordance with reasonable
rules and regulations to be | 2 |
| promulgated by the Department of Revenue.
Such return shall be | 3 |
| filed on a form prescribed by the Department and
shall contain | 4 |
| such information as the Department may reasonably require.
| 5 |
| The Department may require returns to be filed on a | 6 |
| quarterly basis.
If so required, a return for each calendar | 7 |
| quarter shall be filed on or
before the twentieth day of the | 8 |
| calendar month following the end of such
calendar quarter. The | 9 |
| taxpayer shall also file a return with the
Department for each | 10 |
| of the first two months of each calendar quarter, on or
before | 11 |
| the twentieth day of the following calendar month, stating:
| 12 |
| 1. The name of the seller;
| 13 |
| 2. The address of the principal place of business from | 14 |
| which he engages
in business as a serviceman in this State;
| 15 |
| 3. The total amount of taxable receipts received by him | 16 |
| during the
preceding calendar month, including receipts | 17 |
| from charge and time sales,
but less all deductions allowed | 18 |
| by law;
| 19 |
| 4. The amount of credit provided in Section 2d of this | 20 |
| Act;
| 21 |
| 5. The amount of tax due;
| 22 |
| 5-5. The signature of the taxpayer; and
| 23 |
| 6. Such other reasonable information as the Department | 24 |
| may
require.
| 25 |
| If a taxpayer fails to sign a return within 30 days after | 26 |
| the proper notice
and demand for signature by the Department, |
|
|
|
HB0160 Engrossed |
- 44 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| the return shall be considered
valid and any amount shown to be | 2 |
| due on the return shall be deemed assessed.
| 3 |
| Prior to October 1, 2003, and on and after September 1, | 4 |
| 2004 a serviceman may accept a Manufacturer's
Purchase Credit | 5 |
| certification
from a purchaser in satisfaction
of Service Use | 6 |
| Tax as provided in Section 3-70 of the
Service Use Tax Act if | 7 |
| the purchaser provides
the
appropriate
documentation as | 8 |
| required by Section 3-70 of the Service Use Tax Act.
A | 9 |
| Manufacturer's Purchase Credit certification, accepted prior | 10 |
| to October 1,
2003 or on or after September 1, 2004 by a | 11 |
| serviceman as
provided in Section 3-70 of the Service Use Tax | 12 |
| Act, may be used by that
serviceman to satisfy Service | 13 |
| Occupation Tax liability in the amount claimed in
the | 14 |
| certification, not to exceed 6.25% of the receipts subject to | 15 |
| tax from a
qualifying purchase. A Manufacturer's Purchase | 16 |
| Credit reported on any
original or amended return
filed under
| 17 |
| this Act after October 20, 2003 for reporting periods prior to | 18 |
| September 1, 2004 shall be disallowed. Manufacturer's Purchase | 19 |
| Credit reported on annual returns due on or after January 1, | 20 |
| 2005 will be disallowed for periods prior to September 1, 2004.
| 21 |
| No Manufacturer's
Purchase Credit may be used after September | 22 |
| 30, 2003 through August 31, 2004 to
satisfy any
tax liability | 23 |
| imposed under this Act, including any audit liability.
| 24 |
| If the serviceman's average monthly tax liability to
the | 25 |
| Department does not exceed $200, the Department may authorize | 26 |
| his
returns to be filed on a quarter annual basis, with the |
|
|
|
HB0160 Engrossed |
- 45 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| return for
January, February and March of a given year being | 2 |
| due by April 20 of
such year; with the return for April, May | 3 |
| and June of a given year being
due by July 20 of such year; with | 4 |
| the return for July, August and
September of a given year being | 5 |
| due by October 20 of such year, and with
the return for | 6 |
| October, November and December of a given year being due
by | 7 |
| January 20 of the following year.
| 8 |
| If the serviceman's average monthly tax liability to
the | 9 |
| Department does not exceed $50, the Department may authorize | 10 |
| his
returns to be filed on an annual basis, with the return for | 11 |
| a given year
being due by January 20 of the following year.
| 12 |
| Such quarter annual and annual returns, as to form and | 13 |
| substance,
shall be subject to the same requirements as monthly | 14 |
| returns.
| 15 |
| Notwithstanding any other provision in this Act concerning | 16 |
| the time within
which a serviceman may file his return, in the | 17 |
| case of any serviceman who
ceases to engage in a kind of | 18 |
| business which makes him responsible for filing
returns under | 19 |
| this Act, such serviceman shall file a final return under this
| 20 |
| Act with the Department not more than 1 month after | 21 |
| discontinuing such
business.
| 22 |
| Beginning October 1, 1993, a taxpayer who has an average | 23 |
| monthly tax
liability of $150,000 or more shall make all | 24 |
| payments required by rules of the
Department by electronic | 25 |
| funds transfer. Beginning October 1, 1994, a taxpayer
who has | 26 |
| an average monthly tax liability of $100,000 or more shall make |
|
|
|
HB0160 Engrossed |
- 46 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| all
payments required by rules of the Department by electronic | 2 |
| funds transfer.
Beginning October 1, 1995, a taxpayer who has | 3 |
| an average monthly tax liability
of $50,000 or more shall make | 4 |
| all payments required by rules of the Department
by electronic | 5 |
| funds transfer. Beginning October 1, 2000, a taxpayer who has
| 6 |
| an annual tax liability of $200,000 or more shall make all | 7 |
| payments required by
rules of the Department by electronic | 8 |
| funds transfer. The term "annual tax
liability" shall be the | 9 |
| sum of the taxpayer's liabilities under this Act, and
under all | 10 |
| other State and local occupation and use tax laws administered | 11 |
| by the
Department, for the immediately preceding calendar year. | 12 |
| The term "average
monthly tax liability" means
the sum of the | 13 |
| taxpayer's liabilities under this Act, and under all other | 14 |
| State
and local occupation and use tax laws administered by the | 15 |
| Department, for the
immediately preceding calendar year | 16 |
| divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 17 |
| a tax liability in the
amount set forth in subsection (b) of | 18 |
| Section 2505-210 of the Department of
Revenue Law shall make | 19 |
| all payments required by rules of the Department by
electronic | 20 |
| funds transfer.
| 21 |
| Before August 1 of each year beginning in 1993, the | 22 |
| Department shall
notify all taxpayers required to make payments | 23 |
| by electronic funds transfer.
All taxpayers required to make | 24 |
| payments by electronic funds transfer shall make
those payments | 25 |
| for a minimum of one year beginning on October 1.
| 26 |
| Any taxpayer not required to make payments by electronic |
|
|
|
HB0160 Engrossed |
- 47 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| funds transfer may
make payments by electronic funds transfer | 2 |
| with the
permission of the Department.
| 3 |
| All taxpayers required to make payment by electronic funds | 4 |
| transfer and
any taxpayers authorized to voluntarily make | 5 |
| payments by electronic funds
transfer shall make those payments | 6 |
| in the manner authorized by the Department.
| 7 |
| The Department shall adopt such rules as are necessary to | 8 |
| effectuate a
program of electronic funds transfer and the | 9 |
| requirements of this Section.
| 10 |
| Where a serviceman collects the tax with respect to the | 11 |
| selling price of
tangible personal property which he sells and | 12 |
| the purchaser thereafter returns
such tangible personal | 13 |
| property and the serviceman refunds the
selling price thereof | 14 |
| to the purchaser, such serviceman shall also refund,
to the | 15 |
| purchaser, the tax so collected from the purchaser. When
filing | 16 |
| his return for the period in which he refunds such tax to the
| 17 |
| purchaser, the serviceman may deduct the amount of the tax so | 18 |
| refunded by
him to the purchaser from any other Service | 19 |
| Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or | 20 |
| Use Tax which such serviceman may be
required to pay or remit | 21 |
| to the Department, as shown by such return,
provided that the | 22 |
| amount of the tax to be deducted shall previously have
been | 23 |
| remitted to the Department by such serviceman. If the | 24 |
| serviceman shall
not previously have remitted the amount of | 25 |
| such tax to the Department,
he shall be entitled to no | 26 |
| deduction hereunder upon refunding such tax
to the purchaser.
|
|
|
|
HB0160 Engrossed |
- 48 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| If experience indicates such action to be practicable, the | 2 |
| Department
may prescribe and furnish a combination or joint | 3 |
| return which will
enable servicemen, who are required to file | 4 |
| returns
hereunder and also under the Retailers' Occupation Tax | 5 |
| Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | 6 |
| the return
information required by all said Acts on the one | 7 |
| form.
| 8 |
| Where the serviceman has more than one business
registered | 9 |
| with the Department under separate registrations hereunder,
| 10 |
| such serviceman shall file separate returns for each
registered | 11 |
| business.
| 12 |
| Beginning January 1, 1990, each month the Department shall | 13 |
| pay into
the Local Government Tax Fund the revenue realized for | 14 |
| the
preceding month from the 1% tax on sales of food for human | 15 |
| consumption
which is to be consumed off the premises where it | 16 |
| is sold (other than
alcoholic beverages, soft drinks and food | 17 |
| which has been prepared for
immediate consumption) and | 18 |
| prescription and nonprescription medicines,
drugs, medical | 19 |
| appliances and insulin, urine testing materials, syringes
and | 20 |
| needles used by diabetics.
| 21 |
| Beginning January 1, 1990, each month the Department shall | 22 |
| pay into
the County and Mass Transit District Fund 4% of the | 23 |
| revenue realized
for the preceding month from the 6.25% general | 24 |
| rate.
| 25 |
| Beginning August 1, 2000, each
month the Department shall | 26 |
| pay into the
County and Mass Transit District Fund 20% of the |
|
|
|
HB0160 Engrossed |
- 49 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| net revenue realized for the
preceding month from the 1.25% | 2 |
| rate on the selling price of motor fuel and
gasohol.
| 3 |
| Beginning January 1, 1990, each month the Department shall | 4 |
| pay into
the Local Government Tax Fund 16% of the revenue | 5 |
| realized for the
preceding month from the 6.25% general rate on | 6 |
| transfers of
tangible personal property.
| 7 |
| Beginning August 1, 2000, each
month the Department shall | 8 |
| pay into the
Local Government Tax Fund 80% of the net revenue | 9 |
| realized for the preceding
month from the 1.25% rate on the | 10 |
| selling price of motor fuel and gasohol.
| 11 |
| Beginning on August 1, 2007 and continuing through July 31, | 12 |
| 2009, each
month the Department shall pay into the
Road Fund | 13 |
| 35% of the net revenue realized for the
preceding month from | 14 |
| the 6.25% rate on the selling price of motor fuel and
gasohol.
| 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 |
|
|
|
HB0160 Engrossed |
- 50 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| may be, of moneys being hereinafter called the "Tax Act
| 2 |
| Amount", and (2) the amount transferred to the Build Illinois | 3 |
| Fund from the
State and Local Sales Tax Reform Fund shall be | 4 |
| less than the Annual
Specified Amount (as defined in Section 3 | 5 |
| of the Retailers' Occupation Tax
Act), an amount equal to the | 6 |
| difference shall be immediately paid into the
Build Illinois | 7 |
| Fund from other moneys received by the Department pursuant
to | 8 |
| the Tax Acts; and further provided, that if on the last | 9 |
| business day of
any month the sum of (1) the Tax Act Amount | 10 |
| required to be deposited into
the Build Illinois Account in the | 11 |
| Build Illinois Fund during such month and
(2) the amount | 12 |
| transferred during such month to the Build Illinois Fund
from | 13 |
| the State and Local Sales Tax Reform Fund shall have been less | 14 |
| than
1/12 of the Annual Specified Amount, an amount equal to | 15 |
| the difference
shall be immediately paid into the Build | 16 |
| Illinois Fund from other moneys
received by the Department | 17 |
| pursuant to the Tax Acts; and, further provided,
that in no | 18 |
| event shall the payments required under the preceding proviso
| 19 |
| result in aggregate payments into the Build Illinois Fund | 20 |
| pursuant to this
clause (b) for any fiscal year in excess of | 21 |
| the greater of (i) the Tax Act
Amount or (ii) the Annual | 22 |
| Specified Amount for such fiscal year; and,
further provided, | 23 |
| that the amounts payable into the Build Illinois Fund
under | 24 |
| this clause (b) shall be payable only until such time as the
| 25 |
| aggregate amount on deposit under each trust indenture securing | 26 |
| Bonds
issued and outstanding pursuant to the Build Illinois |
|
|
|
HB0160 Engrossed |
- 51 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Bond Act is
sufficient, taking into account any future | 2 |
| investment income, to fully
provide, in accordance with such | 3 |
| indenture, for the defeasance of or the
payment of the | 4 |
| principal of, premium, if any, and interest on the Bonds
| 5 |
| secured by such indenture and on any Bonds expected to be | 6 |
| issued thereafter
and all fees and costs payable with respect | 7 |
| thereto, all as certified by
the Director of the
Bureau of the | 8 |
| Budget (now Governor's Office of Management and Budget). If
on | 9 |
| the last business day of
any month in which Bonds are | 10 |
| outstanding pursuant to the Build Illinois
Bond Act, the | 11 |
| aggregate of the moneys deposited
in the Build Illinois Bond | 12 |
| Account in the Build Illinois Fund in such month
shall be less | 13 |
| than the amount required to be transferred in such month from
| 14 |
| the Build Illinois Bond Account to the Build Illinois Bond | 15 |
| Retirement and
Interest Fund pursuant to Section 13 of the | 16 |
| Build Illinois Bond Act, an
amount equal to such deficiency | 17 |
| shall be immediately paid
from other moneys received by the | 18 |
| Department pursuant to the Tax Acts
to the Build Illinois Fund; | 19 |
| provided, however, that any amounts paid to the
Build Illinois | 20 |
| Fund in any fiscal year pursuant to this sentence shall be
| 21 |
| deemed to constitute payments pursuant to clause (b) of the | 22 |
| preceding
sentence and shall reduce the amount otherwise | 23 |
| payable for such fiscal year
pursuant to clause (b) of the | 24 |
| preceding sentence. The moneys received by
the Department | 25 |
| pursuant to this Act and required to be deposited into the
| 26 |
| Build Illinois Fund are subject to the pledge, claim and charge |
|
|
|
HB0160 Engrossed |
- 52 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| set forth
in Section 12 of the Build Illinois Bond Act.
| 2 |
| Subject to payment of amounts into the Build Illinois Fund | 3 |
| as provided in
the preceding paragraph or in any amendment | 4 |
| thereto hereafter enacted, the
following specified monthly | 5 |
| installment of the amount requested in the
certificate of the | 6 |
| Chairman of the Metropolitan Pier and Exposition
Authority | 7 |
| provided under Section 8.25f of the State Finance Act, but not | 8 |
| in
excess of the sums designated as "Total Deposit", shall be | 9 |
| deposited in the
aggregate from collections under Section 9 of | 10 |
| the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | 11 |
| 9 of the Service Occupation Tax Act, and
Section 3 of the | 12 |
| Retailers' Occupation Tax Act into the McCormick Place
| 13 |
| Expansion Project Fund in the specified fiscal years.
|
|
14 | | Fiscal Year |
|
Total Deposit |
|
15 | | 1993 |
|
$0 |
|
16 | | 1994 |
|
53,000,000 |
|
17 | | 1995 |
|
58,000,000 |
|
18 | | 1996 |
|
61,000,000 |
|
19 | | 1997 |
|
64,000,000 |
|
20 | | 1998 |
|
68,000,000 |
|
21 | | 1999 |
|
71,000,000 |
|
22 | | 2000 |
|
75,000,000 |
|
23 | | 2001 |
|
80,000,000 |
|
24 | | 2002 |
|
93,000,000 |
|
25 | | 2003 |
|
99,000,000 |
|
|
|
|
|
HB0160 Engrossed |
- 53 - |
LRB095 03354 BDD 23358 b |
|
| 1 | | 2004 |
|
103,000,000 |
|
2 | | 2005 |
|
108,000,000 |
|
3 | | 2006 |
|
113,000,000 |
|
4 | | 2007 |
|
119,000,000 |
|
5 | | 2008 |
|
126,000,000 |
|
6 | | 2009 |
|
132,000,000 |
|
7 | | 2010 |
|
139,000,000 |
|
8 | | 2011 |
|
146,000,000 |
|
9 | | 2012 |
|
153,000,000 |
|
10 | | 2013 |
|
161,000,000 |
|
11 | | 2014 |
|
170,000,000 |
|
12 | | 2015 |
|
179,000,000 |
|
13 | | 2016 |
|
189,000,000 |
|
14 | | 2017 |
|
199,000,000 |
|
15 | | 2018 |
|
210,000,000 |
|
16 | | 2019 |
|
221,000,000 |
|
17 | | 2020 |
|
233,000,000 |
|
18 | | 2021 |
|
246,000,000 |
|
19 | | 2022 |
|
260,000,000 |
|
20 | | 2023 and |
|
275,000,000 |
|
21 | | each fiscal year | | |
|
22 | | thereafter that bonds | | |
|
23 | | are outstanding under | | |
|
24 | | Section 13.2 of the | | |
|
25 | | Metropolitan Pier and | | |
|
26 | | Exposition Authority Act, | | |
|
|
|
|
|
HB0160 Engrossed |
- 54 - |
LRB095 03354 BDD 23358 b |
|
| 1 | | but not after fiscal year 2042. | | |
|
2 |
| Beginning July 20, 1993 and in each month of each fiscal | 3 |
| year thereafter,
one-eighth of the amount requested in the | 4 |
| certificate of the Chairman of
the Metropolitan Pier and | 5 |
| Exposition Authority for that fiscal year, less
the amount | 6 |
| deposited into the McCormick Place Expansion Project Fund by | 7 |
| the
State Treasurer in the respective month under subsection | 8 |
| (g) of Section 13
of the Metropolitan Pier and Exposition | 9 |
| Authority Act, plus cumulative
deficiencies in the deposits | 10 |
| required under this Section for previous
months and years, | 11 |
| shall be deposited into the McCormick Place Expansion
Project | 12 |
| Fund, until the full amount requested for the fiscal year, but | 13 |
| not
in excess of the amount specified above as "Total Deposit", | 14 |
| has been deposited.
| 15 |
| Subject to payment of amounts into the Build Illinois Fund | 16 |
| and the
McCormick
Place Expansion Project Fund
pursuant to the | 17 |
| preceding paragraphs or in any amendments thereto hereafter
| 18 |
| enacted, beginning July 1, 1993, the Department shall each | 19 |
| month pay into the
Illinois Tax Increment Fund 0.27% of 80% of | 20 |
| the net revenue realized for the
preceding month from the 6.25% | 21 |
| general rate on the selling price of tangible
personal | 22 |
| property.
| 23 |
| Subject to payment of amounts into the Build Illinois Fund | 24 |
| and the
McCormick Place Expansion Project Fund pursuant to the | 25 |
| preceding paragraphs or in any
amendments thereto hereafter | 26 |
| enacted, beginning with the receipt of the first
report of |
|
|
|
HB0160 Engrossed |
- 55 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| taxes paid by an eligible business and continuing for a 25-year
| 2 |
| period, the Department shall each month pay into the Energy | 3 |
| Infrastructure
Fund 80% of the net revenue realized from the | 4 |
| 6.25% general rate on the
selling price of Illinois-mined coal | 5 |
| that was sold to an eligible business.
For purposes of this | 6 |
| paragraph, the term "eligible business" means a new
electric | 7 |
| generating facility certified pursuant to Section 605-332 of | 8 |
| the
Department of Commerce and
Economic Opportunity Law of the | 9 |
| Civil Administrative
Code of Illinois.
| 10 |
| Remaining moneys received by the Department pursuant to | 11 |
| this
Act shall be paid into the General Revenue Fund of the | 12 |
| State Treasury.
| 13 |
| The Department may, upon separate written notice to a | 14 |
| taxpayer,
require the taxpayer to prepare and file with the | 15 |
| Department on a form
prescribed by the Department within not | 16 |
| less than 60 days after receipt
of the notice an annual | 17 |
| information return for the tax year specified in
the notice. | 18 |
| Such annual return to the Department shall include a
statement | 19 |
| of gross receipts as shown by the taxpayer's last Federal | 20 |
| income
tax return. If the total receipts of the business as | 21 |
| reported in the
Federal income tax return do not agree with the | 22 |
| gross receipts reported to
the Department of Revenue for the | 23 |
| same period, the taxpayer shall attach
to his annual return a | 24 |
| schedule showing a reconciliation of the 2
amounts and the | 25 |
| reasons for the difference. The taxpayer's annual
return to the | 26 |
| Department shall also disclose the cost of goods sold by
the |
|
|
|
HB0160 Engrossed |
- 56 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| taxpayer during the year covered by such return, opening and | 2 |
| closing
inventories of such goods for such year, cost of goods | 3 |
| used from stock
or taken from stock and given away by the | 4 |
| taxpayer during such year, pay
roll information of the | 5 |
| taxpayer's business during such year and any
additional | 6 |
| reasonable information which the Department deems would be
| 7 |
| helpful in determining the accuracy of the monthly, quarterly | 8 |
| or annual
returns filed by such taxpayer as hereinbefore | 9 |
| provided for in this
Section.
| 10 |
| If the annual information return required by this Section | 11 |
| is not
filed when and as required, the taxpayer shall be liable | 12 |
| as follows:
| 13 |
| (i) Until January 1, 1994, the taxpayer shall be liable
| 14 |
| for a penalty equal to 1/6 of 1% of the tax due from such | 15 |
| taxpayer
under this Act during the period to be covered by | 16 |
| the annual return
for each month or fraction of a month | 17 |
| until such return is filed as
required, the penalty to be | 18 |
| assessed and collected in the same manner
as any other | 19 |
| penalty provided for in this Act.
| 20 |
| (ii) On and after January 1, 1994, the taxpayer shall | 21 |
| be liable for a
penalty as described in Section 3-4 of the | 22 |
| Uniform Penalty and Interest Act.
| 23 |
| The chief executive officer, proprietor, owner or highest | 24 |
| ranking
manager shall sign the annual return to certify the | 25 |
| accuracy of the
information contained therein. Any person who | 26 |
| willfully signs the
annual return containing false or |
|
|
|
HB0160 Engrossed |
- 57 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| inaccurate information shall be guilty
of perjury and punished | 2 |
| accordingly. The annual return form prescribed
by the | 3 |
| Department shall include a warning that the person signing the
| 4 |
| return may be liable for perjury.
| 5 |
| The foregoing portion of this Section concerning the filing | 6 |
| of an
annual information return shall not apply to a serviceman | 7 |
| who is not
required to file an income tax return with the | 8 |
| United States Government.
| 9 |
| As soon as possible after the first day of each month, upon | 10 |
| certification
of the Department of Revenue, the Comptroller | 11 |
| shall order transferred and
the Treasurer shall transfer from | 12 |
| the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 13 |
| equal to 1.7% of 80% of the net revenue realized
under this Act | 14 |
| for the second preceding month.
Beginning April 1, 2000, this | 15 |
| transfer is no longer required
and shall not be made.
| 16 |
| Net revenue realized for a month shall be the revenue | 17 |
| collected by the State
pursuant to this Act, less the amount | 18 |
| paid out during that month as
refunds to taxpayers for | 19 |
| overpayment of liability.
| 20 |
| For greater simplicity of administration, it shall be | 21 |
| permissible for
manufacturers, importers and wholesalers whose | 22 |
| products are sold by numerous
servicemen in Illinois, and who | 23 |
| wish to do so, to
assume the responsibility for accounting and | 24 |
| paying to the Department
all tax accruing under this Act with | 25 |
| respect to such sales, if the
servicemen who are affected do | 26 |
| not make written objection to the
Department to this |
|
|
|
HB0160 Engrossed |
- 58 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| arrangement.
| 2 |
| (Source: P.A. 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, | 3 |
| eff. 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02; 93-24, | 4 |
| eff. 6-20-03; 93-840, eff. 7-30-04.)
| 5 |
| Section 920. The Retailers' Occupation Tax Act is amended | 6 |
| by changing Section 3 as follows:
| 7 |
| (35 ILCS 120/3) (from Ch. 120, par. 442)
| 8 |
| Sec. 3. Except as provided in this Section, on or before | 9 |
| the twentieth
day of each calendar month, every person engaged | 10 |
| in the business of
selling tangible personal property at retail | 11 |
| in this State during the
preceding calendar month shall file a | 12 |
| return with the Department, stating:
| 13 |
| 1. The name of the seller;
| 14 |
| 2. His residence address and the address of his | 15 |
| principal place of
business and the address of the | 16 |
| principal place of business (if that is
a different | 17 |
| address) from which he engages in the business of selling
| 18 |
| tangible personal property at retail in this State;
| 19 |
| 3. Total amount of receipts received by him during the | 20 |
| preceding
calendar month or quarter, as the case may be, | 21 |
| from sales of tangible
personal property, and from services | 22 |
| furnished, by him during such
preceding calendar month or | 23 |
| quarter;
| 24 |
| 4. Total amount received by him during the preceding |
|
|
|
HB0160 Engrossed |
- 59 - |
LRB095 03354 BDD 23358 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, and on and after September 1, | 23 |
| 2004 a retailer may accept a Manufacturer's Purchase
Credit
| 24 |
| certification from a purchaser in satisfaction of Use Tax
as | 25 |
| provided in Section 3-85 of the Use Tax Act if the purchaser | 26 |
| provides the
appropriate documentation as required by Section |
|
|
|
HB0160 Engrossed |
- 60 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| 2 |
| certification, accepted by a retailer prior to October 1, 2003 | 3 |
| and on and after September 1, 2004 as provided
in
Section 3-85 | 4 |
| of the Use Tax Act, may be used by that retailer to
satisfy | 5 |
| Retailers' Occupation Tax liability in the amount claimed in
| 6 |
| the certification, not to exceed 6.25% of the receipts
subject | 7 |
| to tax from a qualifying purchase. A Manufacturer's Purchase | 8 |
| Credit
reported on any original or amended return
filed under
| 9 |
| this Act after October 20, 2003 for reporting periods prior to | 10 |
| September 1, 2004 shall be disallowed. Manufacturer's | 11 |
| Purchaser Credit reported on annual returns due on or after | 12 |
| January 1, 2005 will be disallowed for periods prior to | 13 |
| September 1, 2004. No Manufacturer's
Purchase Credit may be | 14 |
| used after September 30, 2003 through August 31, 2004 to
| 15 |
| satisfy any
tax liability imposed under this Act, including any | 16 |
| audit liability.
| 17 |
| The Department may require returns to be filed on a | 18 |
| quarterly basis.
If so required, a return for each calendar | 19 |
| quarter shall be filed on or
before the twentieth day of the | 20 |
| calendar month following the end of such
calendar quarter. The | 21 |
| taxpayer shall also file a return with the
Department for each | 22 |
| of the first two months of each calendar quarter, on or
before | 23 |
| the twentieth day of the following calendar month, stating:
| 24 |
| 1. The name of the seller;
| 25 |
| 2. The address of the principal place of business from | 26 |
| which he engages
in the business of selling tangible |
|
|
|
HB0160 Engrossed |
- 61 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| personal property at retail in this State;
| 2 |
| 3. The total amount of taxable receipts received by him | 3 |
| during the
preceding calendar month from sales of tangible | 4 |
| personal property by him
during such preceding calendar | 5 |
| month, including receipts from charge and
time sales, but | 6 |
| less all deductions allowed by law;
| 7 |
| 4. The amount of credit provided in Section 2d of this | 8 |
| Act;
| 9 |
| 5. The amount of tax due; and
| 10 |
| 6. Such other reasonable information as the Department | 11 |
| may
require.
| 12 |
| Beginning on October 1, 2003, any person who is not a | 13 |
| licensed
distributor, importing distributor, or manufacturer, | 14 |
| as defined in the Liquor
Control Act of 1934, but is engaged in | 15 |
| the business of
selling, at retail, alcoholic liquor
shall file | 16 |
| a statement with the Department of Revenue, in a format
and at | 17 |
| a time prescribed by the Department, showing the total amount | 18 |
| paid for
alcoholic liquor purchased during the preceding month | 19 |
| and such other
information as is reasonably required by the | 20 |
| Department.
The Department may adopt rules to require
that this | 21 |
| statement be filed in an electronic or telephonic format. Such | 22 |
| rules
may provide for exceptions from the filing requirements | 23 |
| of this paragraph. For
the
purposes of this
paragraph, the term | 24 |
| "alcoholic liquor" shall have the meaning prescribed in the
| 25 |
| Liquor Control Act of 1934.
| 26 |
| Beginning on October 1, 2003, every distributor, importing |
|
|
|
HB0160 Engrossed |
- 62 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| distributor, and
manufacturer of alcoholic liquor as defined in | 2 |
| the Liquor Control Act of 1934,
shall file a
statement with the | 3 |
| Department of Revenue, no later than the 10th day of the
month | 4 |
| for the
preceding month during which transactions occurred, by | 5 |
| electronic means,
showing the
total amount of gross receipts | 6 |
| from the sale of alcoholic liquor sold or
distributed during
| 7 |
| the preceding month to purchasers; identifying the purchaser to | 8 |
| whom it was
sold or
distributed; the purchaser's tax | 9 |
| registration number; and such other
information
reasonably | 10 |
| required by the Department. A distributor, importing | 11 |
| distributor, or manufacturer of alcoholic liquor must | 12 |
| personally deliver, mail, or provide by electronic means to | 13 |
| each retailer listed on the monthly statement a report | 14 |
| containing a cumulative total of that distributor's, importing | 15 |
| distributor's, or manufacturer's total sales of alcoholic | 16 |
| liquor to that retailer no later than the 10th day of the month | 17 |
| for the preceding month during which the transaction occurred. | 18 |
| The distributor, importing distributor, or manufacturer shall | 19 |
| notify the retailer as to the method by which the distributor, | 20 |
| importing distributor, or manufacturer will provide the sales | 21 |
| information. If the retailer is unable to receive the sales | 22 |
| information by electronic means, the distributor, importing | 23 |
| distributor, or manufacturer shall furnish the sales | 24 |
| information by personal delivery or by mail. For purposes of | 25 |
| this paragraph, the term "electronic means" includes, but is | 26 |
| not limited to, the use of a secure Internet website, e-mail, |
|
|
|
HB0160 Engrossed |
- 63 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| or facsimile.
| 2 |
| If a total amount of less than $1 is payable, refundable or | 3 |
| creditable,
such amount shall be disregarded if it is less than | 4 |
| 50 cents and shall be
increased to $1 if it is 50 cents or more.
| 5 |
| Beginning October 1, 1993,
a taxpayer who has an average | 6 |
| monthly tax liability of $150,000 or more shall
make all | 7 |
| payments required by rules of the
Department by electronic | 8 |
| funds transfer. Beginning October 1, 1994, a taxpayer
who has | 9 |
| an average monthly tax liability of $100,000 or more shall make | 10 |
| all
payments required by rules of the Department by electronic | 11 |
| funds transfer.
Beginning October 1, 1995, a taxpayer who has | 12 |
| an average monthly tax liability
of $50,000 or more shall make | 13 |
| all
payments required by rules of the Department by electronic | 14 |
| funds transfer.
Beginning October 1, 2000, a taxpayer who has | 15 |
| an annual tax liability of
$200,000 or more shall make all | 16 |
| payments required by rules of the Department by
electronic | 17 |
| funds transfer. The term "annual tax liability" shall be the | 18 |
| sum of
the taxpayer's liabilities under this Act, and under all | 19 |
| other State and local
occupation and use tax laws administered | 20 |
| by the Department, for the immediately
preceding calendar year.
| 21 |
| The term "average monthly tax liability" shall be the sum of | 22 |
| the
taxpayer's liabilities under this
Act, and under all other | 23 |
| State and local occupation and use tax
laws administered by the | 24 |
| Department, for the immediately preceding calendar
year | 25 |
| divided by 12.
Beginning on October 1, 2002, a taxpayer who has | 26 |
| a tax liability in the
amount set forth in subsection (b) of |
|
|
|
HB0160 Engrossed |
- 64 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Section 2505-210 of the Department of
Revenue Law shall make | 2 |
| all payments required by rules of the Department by
electronic | 3 |
| funds transfer.
| 4 |
| Before August 1 of each year beginning in 1993, the | 5 |
| Department shall
notify all taxpayers required to make payments | 6 |
| by electronic funds
transfer. All taxpayers
required to make | 7 |
| payments by electronic funds transfer shall make those
payments | 8 |
| for
a minimum of one year beginning on October 1.
| 9 |
| Any taxpayer not required to make payments by electronic | 10 |
| funds transfer may
make payments by electronic funds transfer | 11 |
| with
the permission of the Department.
| 12 |
| All taxpayers required to make payment by electronic funds | 13 |
| transfer and
any taxpayers authorized to voluntarily make | 14 |
| payments by electronic funds
transfer shall make those payments | 15 |
| in the manner authorized by the Department.
| 16 |
| The Department shall adopt such rules as are necessary to | 17 |
| effectuate a
program of electronic funds transfer and the | 18 |
| requirements of this Section.
| 19 |
| Any amount which is required to be shown or reported on any | 20 |
| return or
other document under this Act shall, if such amount | 21 |
| is not a whole-dollar
amount, be increased to the nearest | 22 |
| whole-dollar amount in any case where
the fractional part of a | 23 |
| dollar is 50 cents or more, and decreased to the
nearest | 24 |
| whole-dollar amount where the fractional part of a dollar is | 25 |
| less
than 50 cents.
| 26 |
| If the retailer is otherwise required to file a monthly |
|
|
|
HB0160 Engrossed |
- 65 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| return and if the
retailer's average monthly tax liability to | 2 |
| the Department does not exceed
$200, the Department may | 3 |
| authorize his returns to be filed on a quarter
annual basis, | 4 |
| with the return for January, February and March of a given
year | 5 |
| being due by April 20 of such year; with the return for April, | 6 |
| May and
June of a given year being due by July 20 of such year; | 7 |
| with the return for
July, August and September of a given year | 8 |
| being due by October 20 of such
year, and with the return for | 9 |
| October, November and December of a given
year being due by | 10 |
| January 20 of the following year.
| 11 |
| If the retailer is otherwise required to file a monthly or | 12 |
| quarterly
return and if the retailer's average monthly tax | 13 |
| liability with the
Department does not exceed $50, the | 14 |
| Department may authorize his returns to
be filed on an annual | 15 |
| basis, with the return for a given year being due by
January 20 | 16 |
| of the following year.
| 17 |
| Such quarter annual and annual returns, as to form and | 18 |
| substance,
shall be subject to the same requirements as monthly | 19 |
| returns.
| 20 |
| Notwithstanding any other provision in this Act concerning | 21 |
| the time
within which a retailer may file his return, in the | 22 |
| case of any retailer
who ceases to engage in a kind of business | 23 |
| which makes him responsible
for filing returns under this Act, | 24 |
| such retailer shall file a final
return under this Act with the | 25 |
| Department not more than one month after
discontinuing such | 26 |
| business.
|
|
|
|
HB0160 Engrossed |
- 66 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Where the same person has more than one business registered | 2 |
| with the
Department under separate registrations under this | 3 |
| Act, such person may
not file each return that is due as a | 4 |
| single return covering all such
registered businesses, but | 5 |
| shall file separate returns for each such
registered business.
| 6 |
| In addition, with respect to motor vehicles, watercraft,
| 7 |
| aircraft, and trailers that are required to be registered with | 8 |
| an agency of
this State, every
retailer selling this kind of | 9 |
| tangible personal property shall file,
with the Department, | 10 |
| upon a form to be prescribed and supplied by the
Department, a | 11 |
| separate return for each such item of tangible personal
| 12 |
| property which the retailer sells, except that if, in the same
| 13 |
| transaction, (i) a retailer of aircraft, watercraft, motor | 14 |
| vehicles or
trailers transfers more than one aircraft, | 15 |
| watercraft, motor
vehicle or trailer to another aircraft, | 16 |
| watercraft, motor vehicle
retailer or trailer retailer for the | 17 |
| purpose of resale
or (ii) a retailer of aircraft, watercraft, | 18 |
| motor vehicles, or trailers
transfers more than one aircraft, | 19 |
| watercraft, motor vehicle, or trailer to a
purchaser for use as | 20 |
| a qualifying rolling stock as provided in Section 2-5 of
this | 21 |
| Act, then
that seller may report the transfer of all aircraft,
| 22 |
| watercraft, motor vehicles or trailers involved in that | 23 |
| transaction to the
Department on the same uniform | 24 |
| invoice-transaction reporting return form. For
purposes of | 25 |
| this Section, "watercraft" means a Class 2, Class 3, or Class 4
| 26 |
| watercraft as defined in Section 3-2 of the Boat Registration |
|
|
|
HB0160 Engrossed |
- 67 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| and Safety Act, a
personal watercraft, or any boat equipped | 2 |
| with an inboard motor.
| 3 |
| Any retailer who sells only motor vehicles, watercraft,
| 4 |
| aircraft, or trailers that are required to be registered with | 5 |
| an agency of
this State, so that all
retailers' occupation tax | 6 |
| liability is required to be reported, and is
reported, on such | 7 |
| transaction reporting returns and who is not otherwise
required | 8 |
| to file monthly or quarterly returns, need not file monthly or
| 9 |
| quarterly returns. However, those retailers shall be required | 10 |
| to
file returns on an annual basis.
| 11 |
| The transaction reporting return, in the case of motor | 12 |
| vehicles
or trailers that are required to be registered with an | 13 |
| agency of this
State, shall
be the same document as the Uniform | 14 |
| Invoice referred to in Section 5-402
of The Illinois Vehicle | 15 |
| Code and must show the name and address of the
seller; the name | 16 |
| and address of the purchaser; the amount of the selling
price | 17 |
| including the amount allowed by the retailer for traded-in
| 18 |
| property, if any; the amount allowed by the retailer for the | 19 |
| traded-in
tangible personal property, if any, to the extent to | 20 |
| which Section 1 of
this Act allows an exemption for the value | 21 |
| of traded-in property; the
balance payable after deducting such | 22 |
| trade-in allowance from the total
selling price; the amount of | 23 |
| tax due from the retailer with respect to
such transaction; the | 24 |
| amount of tax collected from the purchaser by the
retailer on | 25 |
| such transaction (or satisfactory evidence that such tax is
not | 26 |
| due in that particular instance, if that is claimed to be the |
|
|
|
HB0160 Engrossed |
- 68 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| fact);
the place and date of the sale; a sufficient | 2 |
| identification of the
property sold; such other information as | 3 |
| is required in Section 5-402 of
The Illinois Vehicle Code, and | 4 |
| such other information as the Department
may reasonably | 5 |
| require.
| 6 |
| The transaction reporting return in the case of watercraft
| 7 |
| or aircraft must show
the name and address of the seller; the | 8 |
| name and address of the
purchaser; the amount of the selling | 9 |
| price including the amount allowed
by the retailer for | 10 |
| traded-in property, if any; the amount allowed by
the retailer | 11 |
| for the traded-in tangible personal property, if any, to
the | 12 |
| extent to which Section 1 of this Act allows an exemption for | 13 |
| the
value of traded-in property; the balance payable after | 14 |
| deducting such
trade-in allowance from the total selling price; | 15 |
| the amount of tax due
from the retailer with respect to such | 16 |
| transaction; the amount of tax
collected from the purchaser by | 17 |
| the retailer on such transaction (or
satisfactory evidence that | 18 |
| such tax is not due in that particular
instance, if that is | 19 |
| claimed to be the fact); the place and date of the
sale, a | 20 |
| sufficient identification of the property sold, and such other
| 21 |
| information as the Department may reasonably require.
| 22 |
| Such transaction reporting return shall be filed not later | 23 |
| than 20
days after the day of delivery of the item that is | 24 |
| being sold, but may
be filed by the retailer at any time sooner | 25 |
| than that if he chooses to
do so. The transaction reporting | 26 |
| return and tax remittance or proof of
exemption from the |
|
|
|
HB0160 Engrossed |
- 69 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Illinois use tax may be transmitted to the Department
by way of | 2 |
| the State agency with which, or State officer with whom the
| 3 |
| tangible personal property must be titled or registered (if | 4 |
| titling or
registration is required) if the Department and such | 5 |
| agency or State
officer determine that this procedure will | 6 |
| expedite the processing of
applications for title or | 7 |
| registration.
| 8 |
| With each such transaction reporting return, the retailer | 9 |
| shall remit
the proper amount of tax due (or shall submit | 10 |
| satisfactory evidence that
the sale is not taxable if that is | 11 |
| the case), to the Department or its
agents, whereupon the | 12 |
| Department shall issue, in the purchaser's name, a
use tax | 13 |
| receipt (or a certificate of exemption if the Department is
| 14 |
| satisfied that the particular sale is tax exempt) which such | 15 |
| purchaser
may submit to the agency with which, or State officer | 16 |
| with whom, he must
title or register the tangible personal | 17 |
| property that is involved (if
titling or registration is | 18 |
| required) in support of such purchaser's
application for an | 19 |
| Illinois certificate or other evidence of title or
registration | 20 |
| to such tangible personal property.
| 21 |
| No retailer's failure or refusal to remit tax under this | 22 |
| Act
precludes a user, who has paid the proper tax to the | 23 |
| retailer, from
obtaining his certificate of title or other | 24 |
| evidence of title or
registration (if titling or registration | 25 |
| is required) upon satisfying
the Department that such user has | 26 |
| paid the proper tax (if tax is due) to
the retailer. The |
|
|
|
HB0160 Engrossed |
- 70 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Department shall adopt appropriate rules to carry out
the | 2 |
| mandate of this paragraph.
| 3 |
| If the user who would otherwise pay tax to the retailer | 4 |
| wants the
transaction reporting return filed and the payment of | 5 |
| the tax or proof
of exemption made to the Department before the | 6 |
| retailer is willing to
take these actions and such user has not | 7 |
| paid the tax to the retailer,
such user may certify to the fact | 8 |
| of such delay by the retailer and may
(upon the Department | 9 |
| being satisfied of the truth of such certification)
transmit | 10 |
| the information required by the transaction reporting return
| 11 |
| and the remittance for tax or proof of exemption directly to | 12 |
| the
Department and obtain his tax receipt or exemption | 13 |
| determination, in
which event the transaction reporting return | 14 |
| and tax remittance (if a
tax payment was required) shall be | 15 |
| credited by the Department to the
proper retailer's account | 16 |
| with the Department, but without the 2.1% or 1.75%
discount | 17 |
| provided for in this Section being allowed. When the user pays
| 18 |
| the tax directly to the Department, he shall pay the tax in the | 19 |
| same
amount and in the same form in which it would be remitted | 20 |
| if the tax had
been remitted to the Department by the retailer.
| 21 |
| Refunds made by the seller during the preceding return | 22 |
| period to
purchasers, on account of tangible personal property | 23 |
| returned to the
seller, shall be allowed as a deduction under | 24 |
| subdivision 5 of his monthly
or quarterly return, as the case | 25 |
| may be, in case the
seller had theretofore included the | 26 |
| receipts from the sale of such
tangible personal property in a |
|
|
|
HB0160 Engrossed |
- 71 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| return filed by him and had paid the tax
imposed by this Act | 2 |
| with respect to such receipts.
| 3 |
| Where the seller is a corporation, the return filed on | 4 |
| behalf of such
corporation shall be signed by the president, | 5 |
| vice-president, secretary
or treasurer or by the properly | 6 |
| accredited agent of such corporation.
| 7 |
| Where the seller is a limited liability company, the return | 8 |
| filed on behalf
of the limited liability company shall be | 9 |
| signed by a manager, member, or
properly accredited agent of | 10 |
| the limited liability company.
| 11 |
| Except as provided in this Section, the retailer filing the | 12 |
| return
under this Section shall, at the time of filing such | 13 |
| return, pay to the
Department the amount of tax imposed by this | 14 |
| Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | 15 |
| on and after January 1, 1990, or $5 per
calendar year, | 16 |
| whichever is greater, which is allowed to
reimburse the | 17 |
| retailer for the expenses incurred in keeping records,
| 18 |
| preparing and filing returns, remitting the tax and supplying | 19 |
| data to
the Department on request. Any prepayment made pursuant | 20 |
| to Section 2d
of this Act shall be included in the amount on | 21 |
| which such
2.1% or 1.75% discount is computed. In the case of | 22 |
| retailers who report
and pay the tax on a transaction by | 23 |
| transaction basis, as provided in this
Section, such discount | 24 |
| shall be taken with each such tax remittance
instead of when | 25 |
| such retailer files his periodic return.
| 26 |
| Before October 1, 2000, if the taxpayer's average monthly |
|
|
|
HB0160 Engrossed |
- 72 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| tax liability
to the Department
under this Act, the Use Tax | 2 |
| Act, the Service Occupation Tax
Act, and the Service Use Tax | 3 |
| Act, excluding any liability for prepaid sales
tax to be | 4 |
| remitted in accordance with Section 2d of this Act, was
$10,000
| 5 |
| or more during the preceding 4 complete calendar quarters, he | 6 |
| shall file a
return with the Department each month by the 20th | 7 |
| day of the month next
following the month during which such tax | 8 |
| liability is incurred and shall
make payments to the Department | 9 |
| on or before the 7th, 15th, 22nd and last
day of the month | 10 |
| during which such liability is incurred.
On and after October | 11 |
| 1, 2000, if the taxpayer's average monthly tax liability
to the | 12 |
| Department under this Act, the Use Tax Act, the Service | 13 |
| Occupation Tax
Act, and the Service Use Tax Act, excluding any | 14 |
| liability for prepaid sales tax
to be remitted in accordance | 15 |
| with Section 2d of this Act, was $20,000 or more
during the | 16 |
| preceding 4 complete calendar quarters, he shall file a return | 17 |
| with
the Department each month by the 20th day of the month | 18 |
| next following the month
during which such tax liability is | 19 |
| incurred and shall make payment to the
Department on or before | 20 |
| the 7th, 15th, 22nd and last day of the month during
which such | 21 |
| liability is incurred.
If the month
during which such tax | 22 |
| liability is incurred began prior to January 1, 1985,
each | 23 |
| payment shall be in an amount equal to 1/4 of the taxpayer's | 24 |
| actual
liability for the month or an amount set by the | 25 |
| Department not to exceed
1/4 of the average monthly liability | 26 |
| of the taxpayer to the Department for
the preceding 4 complete |
|
|
|
HB0160 Engrossed |
- 73 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| calendar quarters (excluding the month of highest
liability and | 2 |
| the month of lowest liability in such 4 quarter period). If
the | 3 |
| month during which such tax liability is incurred begins on or | 4 |
| after
January 1, 1985 and prior to January 1, 1987, each | 5 |
| payment shall be in an
amount equal to 22.5% of the taxpayer's | 6 |
| actual liability for the month or
27.5% of the taxpayer's | 7 |
| liability for the same calendar
month of the preceding year. If | 8 |
| the month during which such tax
liability is incurred begins on | 9 |
| or after January 1, 1987 and prior to
January 1, 1988, each | 10 |
| payment shall be in an amount equal to 22.5% of the
taxpayer's | 11 |
| actual liability for the month or 26.25% of the taxpayer's
| 12 |
| liability for the same calendar month of the preceding year. If | 13 |
| the month
during which such tax liability is incurred begins on | 14 |
| or after January 1,
1988, and prior to January 1, 1989, or | 15 |
| begins on or after January 1, 1996, each
payment shall be in an | 16 |
| amount
equal to 22.5% of the taxpayer's actual liability for | 17 |
| the month or 25% of
the taxpayer's liability for the same | 18 |
| calendar month of the preceding year. If
the month during which | 19 |
| such tax liability is incurred begins on or after
January 1, | 20 |
| 1989, and prior to January 1, 1996, each payment shall be in an
| 21 |
| amount equal to 22.5% of the
taxpayer's actual liability for | 22 |
| the month or 25% of the taxpayer's
liability for the same | 23 |
| calendar month of the preceding year or 100% of the
taxpayer's | 24 |
| actual liability for the quarter monthly reporting period. The
| 25 |
| amount of such quarter monthly payments shall be credited | 26 |
| against
the final tax liability of the taxpayer's return for |
|
|
|
HB0160 Engrossed |
- 74 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| that month. Before
October 1, 2000, once
applicable, the | 2 |
| requirement of the making of quarter monthly payments to
the | 3 |
| Department by taxpayers having an average monthly tax liability | 4 |
| of
$10,000 or more as determined in the manner provided above
| 5 |
| shall continue
until such taxpayer's average monthly liability | 6 |
| to the Department during
the preceding 4 complete calendar | 7 |
| quarters (excluding the month of highest
liability and the | 8 |
| month of lowest liability) is less than
$9,000, or until
such | 9 |
| taxpayer's average monthly liability to the Department as | 10 |
| computed for
each calendar quarter of the 4 preceding complete | 11 |
| calendar quarter period
is less than $10,000. However, if a | 12 |
| taxpayer can show the
Department that
a substantial change in | 13 |
| the taxpayer's business has occurred which causes
the taxpayer | 14 |
| to anticipate that his average monthly tax liability for the
| 15 |
| reasonably foreseeable future will fall below the $10,000 | 16 |
| threshold
stated above, then
such taxpayer
may petition the | 17 |
| Department for a change in such taxpayer's reporting
status. On | 18 |
| and after October 1, 2000, once applicable, the requirement of
| 19 |
| the making of quarter monthly payments to the Department by | 20 |
| taxpayers having an
average monthly tax liability of $20,000 or | 21 |
| more as determined in the manner
provided above shall continue | 22 |
| until such taxpayer's average monthly liability
to the | 23 |
| Department during the preceding 4 complete calendar quarters | 24 |
| (excluding
the month of highest liability and the month of | 25 |
| lowest liability) is less than
$19,000 or until such taxpayer's | 26 |
| average monthly liability to the Department as
computed for |
|
|
|
HB0160 Engrossed |
- 75 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| each calendar quarter of the 4 preceding complete calendar | 2 |
| quarter
period is less than $20,000. However, if a taxpayer can | 3 |
| show the Department
that a substantial change in the taxpayer's | 4 |
| business has occurred which causes
the taxpayer to anticipate | 5 |
| that his average monthly tax liability for the
reasonably | 6 |
| foreseeable future will fall below the $20,000 threshold stated
| 7 |
| above, then such taxpayer may petition the Department for a | 8 |
| change in such
taxpayer's reporting status. The Department | 9 |
| shall change such taxpayer's
reporting status
unless it finds | 10 |
| that such change is seasonal in nature and not likely to be
| 11 |
| long term. If any such quarter monthly payment is not paid at | 12 |
| the time or
in the amount required by this Section, then the | 13 |
| taxpayer shall be liable for
penalties and interest on the | 14 |
| difference
between the minimum amount due as a payment and the | 15 |
| amount of such quarter
monthly payment actually and timely | 16 |
| paid, except insofar as the
taxpayer has previously made | 17 |
| payments for that month to the Department in
excess of the | 18 |
| minimum payments previously due as provided in this Section.
| 19 |
| The Department shall make reasonable rules and regulations to | 20 |
| govern the
quarter monthly payment amount and quarter monthly | 21 |
| payment dates for
taxpayers who file on other than a calendar | 22 |
| monthly basis.
| 23 |
| The provisions of this paragraph apply before October 1, | 24 |
| 2001.
Without regard to whether a taxpayer is required to make | 25 |
| quarter monthly
payments as specified above, any taxpayer who | 26 |
| is required by Section 2d
of this Act to collect and remit |
|
|
|
HB0160 Engrossed |
- 76 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| prepaid taxes and has collected prepaid
taxes which average in | 2 |
| excess of $25,000 per month during the preceding
2 complete | 3 |
| calendar quarters, shall file a return with the Department as
| 4 |
| required by Section 2f and shall make payments to the | 5 |
| Department on or before
the 7th, 15th, 22nd and last day of the | 6 |
| month during which such liability
is incurred. If the month | 7 |
| during which such tax liability is incurred
began prior to the | 8 |
| effective date of this amendatory Act of 1985, each
payment | 9 |
| shall be in an amount not less than 22.5% of the taxpayer's | 10 |
| actual
liability under Section 2d. If the month during which | 11 |
| such tax liability
is incurred begins on or after January 1, | 12 |
| 1986, each payment shall be in an
amount equal to 22.5% of the | 13 |
| taxpayer's actual liability for the month or
27.5% of the | 14 |
| taxpayer's liability for the same calendar month of the
| 15 |
| preceding calendar year. If the month during which such tax | 16 |
| liability is
incurred begins on or after January 1, 1987, each | 17 |
| payment shall be in an
amount equal to 22.5% of the taxpayer's | 18 |
| actual liability for the month or
26.25% of the taxpayer's | 19 |
| liability for the same calendar month of the
preceding year. | 20 |
| The amount of such quarter monthly payments shall be
credited | 21 |
| against the final tax liability of the taxpayer's return for | 22 |
| that
month filed under this Section or Section 2f, as the case | 23 |
| may be. Once
applicable, the requirement of the making of | 24 |
| quarter monthly payments to
the Department pursuant to this | 25 |
| paragraph shall continue until such
taxpayer's average monthly | 26 |
| prepaid tax collections during the preceding 2
complete |
|
|
|
HB0160 Engrossed |
- 77 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| calendar quarters is $25,000 or less. If any such quarter | 2 |
| monthly
payment is not paid at the time or in the amount | 3 |
| required, the taxpayer
shall be liable for penalties and | 4 |
| interest on such difference, except
insofar as the taxpayer has | 5 |
| previously made payments for that month in
excess of the | 6 |
| minimum payments previously due.
| 7 |
| The provisions of this paragraph apply on and after October | 8 |
| 1, 2001.
Without regard to whether a taxpayer is required to | 9 |
| make quarter monthly
payments as specified above, any taxpayer | 10 |
| who is required by Section 2d of this
Act to collect and remit | 11 |
| prepaid taxes and has collected prepaid taxes that
average in | 12 |
| excess of $20,000 per month during the preceding 4 complete | 13 |
| calendar
quarters shall file a return with the Department as | 14 |
| required by Section 2f
and shall make payments to the | 15 |
| Department on or before the 7th, 15th, 22nd and
last day of the | 16 |
| month during which the liability is incurred. Each payment
| 17 |
| shall be in an amount equal to 22.5% of the taxpayer's actual | 18 |
| liability for the
month or 25% of the taxpayer's liability for | 19 |
| the same calendar month of the
preceding year. The amount of | 20 |
| the quarter monthly payments shall be credited
against the | 21 |
| final tax liability of the taxpayer's return for that month | 22 |
| filed
under this Section or Section 2f, as the case may be. | 23 |
| Once applicable, the
requirement of the making of quarter | 24 |
| monthly payments to the Department
pursuant to this paragraph | 25 |
| shall continue until the taxpayer's average monthly
prepaid tax | 26 |
| collections during the preceding 4 complete calendar quarters
|
|
|
|
HB0160 Engrossed |
- 78 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| (excluding the month of highest liability and the month of | 2 |
| lowest liability) is
less than $19,000 or until such taxpayer's | 3 |
| average monthly liability to the
Department as computed for | 4 |
| each calendar quarter of the 4 preceding complete
calendar | 5 |
| quarters is less than $20,000. If any such quarter monthly | 6 |
| payment is
not paid at the time or in the amount required, the | 7 |
| taxpayer shall be liable
for penalties and interest on such | 8 |
| difference, except insofar as the taxpayer
has previously made | 9 |
| payments for that month in excess of the minimum payments
| 10 |
| previously due.
| 11 |
| If any payment provided for in this Section exceeds
the | 12 |
| taxpayer's liabilities under this Act, the Use Tax Act, the | 13 |
| Service
Occupation Tax Act and the Service Use Tax Act, as | 14 |
| shown on an original
monthly return, the Department shall, if | 15 |
| requested by the taxpayer, issue to
the taxpayer a credit | 16 |
| memorandum no later than 30 days after the date of
payment. The | 17 |
| credit evidenced by such credit memorandum may
be assigned by | 18 |
| the taxpayer to a similar taxpayer under this Act, the
Use Tax | 19 |
| Act, the Service Occupation Tax Act or the Service Use Tax Act, | 20 |
| in
accordance with reasonable rules and regulations to be | 21 |
| prescribed by the
Department. If no such request is made, the | 22 |
| taxpayer may credit such excess
payment against tax liability | 23 |
| subsequently to be remitted to the Department
under this Act, | 24 |
| the Use Tax Act, the Service Occupation Tax Act or the
Service | 25 |
| Use Tax Act, in accordance with reasonable rules and | 26 |
| regulations
prescribed by the Department. If the Department |
|
|
|
HB0160 Engrossed |
- 79 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| subsequently determined
that all or any part of the credit | 2 |
| taken was not actually due to the
taxpayer, the taxpayer's 2.1% | 3 |
| and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | 4 |
| of the difference between the credit taken and that
actually | 5 |
| due, and that taxpayer shall be liable for penalties and | 6 |
| interest
on such difference.
| 7 |
| If a retailer of motor fuel is entitled to a credit under | 8 |
| Section 2d of
this Act which exceeds the taxpayer's liability | 9 |
| to the Department under
this Act for the month which the | 10 |
| taxpayer is filing a return, the
Department shall issue the | 11 |
| taxpayer a credit memorandum for the excess.
| 12 |
| Beginning January 1, 1990, each month the Department shall | 13 |
| pay into
the Local Government Tax Fund, a special fund in the | 14 |
| State treasury which
is hereby created, the net revenue | 15 |
| realized for the preceding month from
the 1% tax on sales of | 16 |
| food for human consumption which is to be consumed
off the | 17 |
| premises where it is sold (other than alcoholic beverages, soft
| 18 |
| drinks and food which has been prepared for immediate | 19 |
| consumption) and
prescription and nonprescription medicines, | 20 |
| drugs, medical appliances and
insulin, urine testing | 21 |
| materials, syringes and needles used by diabetics.
| 22 |
| Beginning January 1, 1990, each month the Department shall | 23 |
| pay into
the County and Mass Transit District Fund, a special | 24 |
| fund in the State
treasury which is hereby created, 4% of the | 25 |
| net revenue realized
for the preceding month from the 6.25% | 26 |
| general rate.
|
|
|
|
HB0160 Engrossed |
- 80 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Beginning August 1, 2000, each
month the Department shall | 2 |
| pay into the
County and Mass Transit District Fund 20% of the | 3 |
| net revenue realized for the
preceding month from the 1.25% | 4 |
| rate on the selling price of motor fuel and
gasohol.
| 5 |
| Beginning January 1, 1990, each month the Department shall | 6 |
| pay into
the Local Government Tax Fund 16% of the net revenue | 7 |
| realized for the
preceding month from the 6.25% general rate on | 8 |
| the selling price of
tangible personal property.
| 9 |
| Beginning August 1, 2000, each
month the Department shall | 10 |
| pay into the
Local Government Tax Fund 80% of the net revenue | 11 |
| realized for the preceding
month from the 1.25% rate on the | 12 |
| selling price of motor fuel and gasohol.
| 13 |
| Beginning on August 1, 2007 and continuing through July 31, | 14 |
| 2009, each
month the Department shall pay into the
Road Fund | 15 |
| 35% of the net revenue realized for the
preceding month from | 16 |
| the 6.25% rate on the selling price of motor fuel and
gasohol.
| 17 |
| Of the remainder of the moneys received by the Department | 18 |
| pursuant
to this Act, (a) 1.75% thereof shall be paid into the | 19 |
| Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | 20 |
| and after July 1, 1989,
3.8% thereof shall be paid into the | 21 |
| Build Illinois Fund; provided, however,
that if in any fiscal | 22 |
| year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | 23 |
| may be, of the moneys received by the Department and required | 24 |
| to
be paid into the Build Illinois Fund pursuant to this Act, | 25 |
| Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | 26 |
| Act, and Section 9 of the
Service Occupation Tax Act, such Acts |
|
|
|
HB0160 Engrossed |
- 81 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| being hereinafter called the "Tax
Acts" and such aggregate of | 2 |
| 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | 3 |
| called the "Tax Act Amount", and (2) the amount
transferred to | 4 |
| the Build Illinois Fund from the State and Local Sales Tax
| 5 |
| Reform Fund shall be less than the Annual Specified Amount (as | 6 |
| hereinafter
defined), an amount equal to the difference shall | 7 |
| be immediately paid into
the Build Illinois Fund from other | 8 |
| moneys received by the Department
pursuant to the Tax Acts; the | 9 |
| "Annual Specified Amount" means the amounts
specified below for | 10 |
| fiscal years 1986 through 1993:
|
|
11 | | Fiscal Year |
Annual Specified Amount |
|
12 | | 1986 |
$54,800,000 |
|
13 | | 1987 |
$76,650,000 |
|
14 | | 1988 |
$80,480,000 |
|
15 | | 1989 |
$88,510,000 |
|
16 | | 1990 |
$115,330,000 |
|
17 | | 1991 |
$145,470,000 |
|
18 | | 1992 |
$182,730,000 |
|
19 | | 1993 |
$206,520,000; |
|
20 |
| and means the Certified Annual Debt Service Requirement (as | 21 |
| defined in
Section 13 of the Build Illinois Bond Act) or the | 22 |
| Tax Act Amount, whichever
is greater, for fiscal year 1994 and | 23 |
| each fiscal year thereafter; and
further provided, that if on | 24 |
| the last business day of any month the sum of
(1) the Tax Act | 25 |
| Amount required to be deposited into the Build Illinois
Bond | 26 |
| Account in the Build Illinois Fund during such month and (2) |
|
|
|
HB0160 Engrossed |
- 82 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| the
amount transferred to the Build Illinois Fund from the | 2 |
| State and Local
Sales Tax Reform Fund shall have been less than | 3 |
| 1/12 of the Annual
Specified Amount, an amount equal to the | 4 |
| difference shall be immediately
paid into the Build Illinois | 5 |
| Fund from other moneys received by the
Department pursuant to | 6 |
| the Tax Acts; and, further provided, that in no
event shall the | 7 |
| payments required under the preceding proviso result in
| 8 |
| aggregate payments into the Build Illinois Fund pursuant to | 9 |
| this clause (b)
for any fiscal year in excess of the greater of | 10 |
| (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | 11 |
| such fiscal year. The amounts payable
into the Build Illinois | 12 |
| Fund under clause (b) of the first sentence in this
paragraph | 13 |
| shall be payable only until such time as the aggregate amount | 14 |
| on
deposit under each trust indenture securing Bonds issued and | 15 |
| outstanding
pursuant to the Build Illinois Bond Act is | 16 |
| sufficient, taking into account
any future investment income, | 17 |
| to fully provide, in accordance with such
indenture, for the | 18 |
| defeasance of or the payment of the principal of,
premium, if | 19 |
| any, and interest on the Bonds secured by such indenture and on
| 20 |
| any Bonds expected to be issued thereafter and all fees and | 21 |
| costs payable
with respect thereto, all as certified by the | 22 |
| Director of the Bureau of the
Budget (now Governor's Office of | 23 |
| Management and Budget). If on the last
business day of any | 24 |
| month in which Bonds are
outstanding pursuant to the Build | 25 |
| Illinois Bond Act, the aggregate of
moneys deposited in the | 26 |
| Build Illinois Bond Account in the Build Illinois
Fund in such |
|
|
|
HB0160 Engrossed |
- 83 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| month shall be less than the amount required to be transferred
| 2 |
| in such month from the Build Illinois Bond Account to the Build | 3 |
| Illinois
Bond Retirement and Interest Fund pursuant to Section | 4 |
| 13 of the Build
Illinois Bond Act, an amount equal to such | 5 |
| deficiency shall be immediately
paid from other moneys received | 6 |
| by the Department pursuant to the Tax Acts
to the Build | 7 |
| Illinois Fund; provided, however, that any amounts paid to the
| 8 |
| Build Illinois Fund in any fiscal year pursuant to this | 9 |
| sentence shall be
deemed to constitute payments pursuant to | 10 |
| clause (b) of the first sentence
of this paragraph and shall | 11 |
| reduce the amount otherwise payable for such
fiscal year | 12 |
| pursuant to that clause (b). The moneys received by the
| 13 |
| Department pursuant to this Act and required to be deposited | 14 |
| into the Build
Illinois Fund are subject to the pledge, claim | 15 |
| and charge set forth in
Section 12 of the Build Illinois Bond | 16 |
| Act.
| 17 |
| Subject to payment of amounts into the Build Illinois Fund | 18 |
| as provided in
the preceding paragraph or in any amendment | 19 |
| thereto hereafter enacted, the
following specified monthly | 20 |
| installment of the amount requested in the
certificate of the | 21 |
| Chairman of the Metropolitan Pier and Exposition
Authority | 22 |
| provided under Section 8.25f of the State Finance Act, but not | 23 |
| in
excess of sums designated as "Total Deposit", shall be | 24 |
| deposited in the
aggregate from collections under Section 9 of | 25 |
| the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | 26 |
| 9 of the Service Occupation Tax Act, and
Section 3 of the |
|
|
|
HB0160 Engrossed |
- 84 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Retailers' Occupation Tax Act into the McCormick Place
| 2 |
| Expansion Project Fund in the specified fiscal years.
|
|
3 | | Fiscal Year |
|
Total Deposit |
|
4 | | 1993 |
|
$0 |
|
5 | | 1994 |
|
53,000,000 |
|
6 | | 1995 |
|
58,000,000 |
|
7 | | 1996 |
|
61,000,000 |
|
8 | | 1997 |
|
64,000,000 |
|
9 | | 1998 |
|
68,000,000 |
|
10 | | 1999 |
|
71,000,000 |
|
11 | | 2000 |
|
75,000,000 |
|
12 | | 2001 |
|
80,000,000 |
|
13 | | 2002 |
|
93,000,000 |
|
14 | | 2003 |
|
99,000,000 |
|
15 | | 2004 |
|
103,000,000 |
|
16 | | 2005 |
|
108,000,000 |
|
17 | | 2006 |
|
113,000,000 |
|
18 | | 2007 |
|
119,000,000 |
|
19 | | 2008 |
|
126,000,000 |
|
20 | | 2009 |
|
132,000,000 |
|
21 | | 2010 |
|
139,000,000 |
|
22 | | 2011 |
|
146,000,000 |
|
23 | | 2012 |
|
153,000,000 |
|
24 | | 2013 |
|
161,000,000 |
|
25 | | 2014 |
|
170,000,000 |
|
|
|
|
|
HB0160 Engrossed |
- 85 - |
LRB095 03354 BDD 23358 b |
|
| 1 | | 2015 |
|
179,000,000 |
|
2 | | 2016 |
|
189,000,000 |
|
3 | | 2017 |
|
199,000,000 |
|
4 | | 2018 |
|
210,000,000 |
|
5 | | 2019 |
|
221,000,000 |
|
6 | | 2020 |
|
233,000,000 |
|
7 | | 2021 |
|
246,000,000 |
|
8 | | 2022 |
|
260,000,000 |
|
9 | | 2023 and |
|
275,000,000 |
|
10 | | each fiscal year | | |
|
11 | | thereafter that bonds | | |
|
12 | | are outstanding under | | |
|
13 | | Section 13.2 of the | | |
|
14 | | Metropolitan Pier and | | |
|
15 | | Exposition Authority Act, | | |
|
16 | | but not after fiscal year 2042. | | |
|
17 |
| Beginning July 20, 1993 and in each month of each fiscal | 18 |
| year thereafter,
one-eighth of the amount requested in the | 19 |
| certificate of the Chairman of
the Metropolitan Pier and | 20 |
| Exposition Authority for that fiscal year, less
the amount | 21 |
| deposited into the McCormick Place Expansion Project Fund by | 22 |
| the
State Treasurer in the respective month under subsection | 23 |
| (g) of Section 13
of the Metropolitan Pier and Exposition | 24 |
| Authority Act, plus cumulative
deficiencies in the deposits | 25 |
| required under this Section for previous
months and years, | 26 |
| shall be deposited into the McCormick Place Expansion
Project |
|
|
|
HB0160 Engrossed |
- 86 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Fund, until the full amount requested for the fiscal year, but | 2 |
| not
in excess of the amount specified above as "Total Deposit", | 3 |
| has been deposited.
| 4 |
| Subject to payment of amounts into the Build Illinois Fund | 5 |
| and the
McCormick Place Expansion Project Fund pursuant to the | 6 |
| preceding paragraphs
or in any amendments
thereto hereafter | 7 |
| enacted, beginning July 1, 1993, the Department shall each
| 8 |
| month pay into the Illinois Tax Increment Fund 0.27% of 80% of | 9 |
| the net revenue
realized for the preceding month from the 6.25% | 10 |
| general rate on the selling
price of tangible personal | 11 |
| property.
| 12 |
| Subject to payment of amounts into the Build Illinois Fund | 13 |
| and the
McCormick Place Expansion Project Fund pursuant to the | 14 |
| preceding paragraphs or in any
amendments thereto hereafter | 15 |
| enacted, beginning with the receipt of the first
report of | 16 |
| taxes paid by an eligible business and continuing for a 25-year
| 17 |
| period, the Department shall each month pay into the Energy | 18 |
| Infrastructure
Fund 80% of the net revenue realized from the | 19 |
| 6.25% general rate on the
selling price of Illinois-mined coal | 20 |
| that was sold to an eligible business.
For purposes of this | 21 |
| paragraph, the term "eligible business" means a new
electric | 22 |
| generating facility certified pursuant to Section 605-332 of | 23 |
| the
Department of Commerce and Economic Opportunity
Law of the | 24 |
| Civil Administrative Code of Illinois.
| 25 |
| Of the remainder of the moneys received by the Department | 26 |
| pursuant to
this Act, 75% thereof shall be paid into the State |
|
|
|
HB0160 Engrossed |
- 87 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| Treasury and 25% shall
be reserved in a special account and | 2 |
| used only for the transfer to the
Common School Fund as part of | 3 |
| the monthly transfer from the General Revenue
Fund in | 4 |
| accordance with Section 8a of the State Finance Act.
| 5 |
| The Department may, upon separate written notice to a | 6 |
| taxpayer,
require the taxpayer to prepare and file with the | 7 |
| Department on a form
prescribed by the Department within not | 8 |
| less than 60 days after receipt
of the notice an annual | 9 |
| information return for the tax year specified in
the notice. | 10 |
| Such annual return to the Department shall include a
statement | 11 |
| of gross receipts as shown by the retailer's last Federal | 12 |
| income
tax return. If the total receipts of the business as | 13 |
| reported in the
Federal income tax return do not agree with the | 14 |
| gross receipts reported to
the Department of Revenue for the | 15 |
| same period, the retailer shall attach
to his annual return a | 16 |
| schedule showing a reconciliation of the 2
amounts and the | 17 |
| reasons for the difference. The retailer's annual
return to the | 18 |
| Department shall also disclose the cost of goods sold by
the | 19 |
| retailer during the year covered by such return, opening and | 20 |
| closing
inventories of such goods for such year, costs of goods | 21 |
| used from stock
or taken from stock and given away by the | 22 |
| retailer during such year,
payroll information of the | 23 |
| retailer's business during such year and any
additional | 24 |
| reasonable information which the Department deems would be
| 25 |
| helpful in determining the accuracy of the monthly, quarterly | 26 |
| or annual
returns filed by such retailer as provided for in |
|
|
|
HB0160 Engrossed |
- 88 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| this Section.
| 2 |
| If the annual information return required by this Section | 3 |
| is not
filed when and as required, the taxpayer shall be liable | 4 |
| as follows:
| 5 |
| (i) Until January 1, 1994, the taxpayer shall be liable
| 6 |
| for a penalty equal to 1/6 of 1% of the tax due from such | 7 |
| taxpayer under
this Act during the period to be covered by | 8 |
| the annual return for each
month or fraction of a month | 9 |
| until such return is filed as required, the
penalty to be | 10 |
| assessed and collected in the same manner as any other
| 11 |
| penalty provided for in this Act.
| 12 |
| (ii) On and after January 1, 1994, the taxpayer shall | 13 |
| be
liable for a penalty as described in Section 3-4 of the | 14 |
| Uniform Penalty and
Interest Act.
| 15 |
| The chief executive officer, proprietor, owner or highest | 16 |
| ranking
manager shall sign the annual return to certify the | 17 |
| accuracy of the
information contained therein. Any person who | 18 |
| willfully signs the
annual return containing false or | 19 |
| inaccurate information shall be guilty
of perjury and punished | 20 |
| accordingly. The annual return form prescribed
by the | 21 |
| Department shall include a warning that the person signing the
| 22 |
| return may be liable for perjury.
| 23 |
| The provisions of this Section concerning the filing of an | 24 |
| annual
information return do not apply to a retailer who is not | 25 |
| required to
file an income tax return with the United States | 26 |
| Government.
|
|
|
|
HB0160 Engrossed |
- 89 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| As soon as possible after the first day of each month, upon | 2 |
| certification
of the Department of Revenue, the Comptroller | 3 |
| shall order transferred and
the Treasurer shall transfer from | 4 |
| the General Revenue Fund to the Motor
Fuel Tax Fund an amount | 5 |
| equal to 1.7% of 80% of the net revenue realized
under this Act | 6 |
| for the second preceding
month.
Beginning April 1, 2000, this | 7 |
| transfer is no longer required
and shall not be made.
| 8 |
| Net revenue realized for a month shall be the revenue | 9 |
| collected by the
State pursuant to this Act, less the amount | 10 |
| paid out during that month as
refunds to taxpayers for | 11 |
| overpayment of liability.
| 12 |
| For greater simplicity of administration, manufacturers, | 13 |
| importers
and wholesalers whose products are sold at retail in | 14 |
| Illinois by
numerous retailers, and who wish to do so, may | 15 |
| assume the responsibility
for accounting and paying to the | 16 |
| Department all tax accruing under this
Act with respect to such | 17 |
| sales, if the retailers who are affected do not
make written | 18 |
| objection to the Department to this arrangement.
| 19 |
| Any person who promotes, organizes, provides retail | 20 |
| selling space for
concessionaires or other types of sellers at | 21 |
| the Illinois State Fair, DuQuoin
State Fair, county fairs, | 22 |
| local fairs, art shows, flea markets and similar
exhibitions or | 23 |
| events, including any transient merchant as defined by Section | 24 |
| 2
of the Transient Merchant Act of 1987, is required to file a | 25 |
| report with the
Department providing the name of the merchant's | 26 |
| business, the name of the
person or persons engaged in |
|
|
|
HB0160 Engrossed |
- 90 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| merchant's business, the permanent address and
Illinois | 2 |
| Retailers Occupation Tax Registration Number of the merchant, | 3 |
| the
dates and location of the event and other reasonable | 4 |
| information that the
Department may require. The report must be | 5 |
| filed not later than the 20th day
of the month next following | 6 |
| the month during which the event with retail sales
was held. | 7 |
| Any person who fails to file a report required by this Section
| 8 |
| commits a business offense and is subject to a fine not to | 9 |
| exceed $250.
| 10 |
| Any person engaged in the business of selling tangible | 11 |
| personal
property at retail as a concessionaire or other type | 12 |
| of seller at the
Illinois State Fair, county fairs, art shows, | 13 |
| flea markets and similar
exhibitions or events, or any | 14 |
| transient merchants, as defined by Section 2
of the Transient | 15 |
| Merchant Act of 1987, may be required to make a daily report
of | 16 |
| the amount of such sales to the Department and to make a daily | 17 |
| payment of
the full amount of tax due. The Department shall | 18 |
| impose this
requirement when it finds that there is a | 19 |
| significant risk of loss of
revenue to the State at such an | 20 |
| exhibition or event. Such a finding
shall be based on evidence | 21 |
| that a substantial number of concessionaires
or other sellers | 22 |
| who are not residents of Illinois will be engaging in
the | 23 |
| business of selling tangible personal property at retail at the
| 24 |
| exhibition or event, or other evidence of a significant risk of | 25 |
| loss of revenue
to the State. The Department shall notify | 26 |
| concessionaires and other sellers
affected by the imposition of |
|
|
|
HB0160 Engrossed |
- 91 - |
LRB095 03354 BDD 23358 b |
|
| 1 |
| this requirement. In the absence of
notification by the | 2 |
| Department, the concessionaires and other sellers
shall file | 3 |
| their returns as otherwise required in this Section.
| 4 |
| (Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-208, | 5 |
| eff. 8-2-01; 92-484, eff. 8-23-01; 92-492, eff. 1-1-02; 92-600, | 6 |
| eff. 6-28-02; 92-651, eff. 7-11-02; 93-22, eff. 6-20-03; 93-24, | 7 |
| eff. 6-20-03; 93-840, eff. 7-30-04; 93-926, eff. 8-12-04; | 8 |
| 93-1057, eff. 12-2-04; revised 12-6-04.)
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