(35 ILCS 615/1)
(from Ch. 120, par. 467.16)
For the purposes of this Act:
"Gross receipts" means the consideration received for gas
distributed, supplied, furnished or sold to persons for use or
consumption and not for resale, and for all services (including the
transportation or storage of gas for an end-user) rendered in connection
therewith, and shall include cash, services and property of every kind or
nature, and shall be determined without any deduction on account of the
cost of the service, product or commodity supplied, the cost of materials
used, labor or service costs, or any other expense whatsoever. However,
"gross receipts" shall not include receipts from:
(i) any minimum or other charge for gas or gas
service where the customer has taken no therms of gas;
(ii) any charge for a dishonored check;
(iii) any finance or credit charge, penalty or charge
for delayed payment, or discount for prompt payment;
(iv) any charge for reconnection of service or for
replacement or relocation of facilities;
(v) any advance or contribution in aid of
(vi) repair, inspection or servicing of equipment
located on customer premises;
(vii) leasing or rental of equipment, the leasing or
rental of which is not necessary to distributing, furnishing, supplying, selling, transporting or storing gas;
(viii) any sale to a customer if the taxpayer is
prohibited by federal or State constitution, treaty, convention, statute or court decision from recovering the related tax liability from such customer;
(ix) any charges added to customers' bills pursuant
to the provisions of Section 9-221 or Section 9-222 of the Public Utilities Act, as amended, or any charges added to customers' bills by taxpayers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities or other amounts specified in such provisions of such Act; and
(x) prior to October 1, 2003, any charge for gas or
gas services to a customer who acquired contractual rights for the direct purchase of gas or gas services originating from an out-of-state supplier or source on or before March 1, 1995, except for those charges solely related to the local distribution of gas by a public utility. This exemption includes any charge for gas or gas service, except for those charges solely related to the local distribution of gas by a public utility, to a customer who maintained an account with a public utility (as defined in Section 3-105 of the Public Utilities Act) for the transportation of customer-owned gas on or before March 1, 1995. The provisions of this amendatory Act of 1997 are intended to clarify, rather than change, existing law as to the meaning and scope of this exemption. This exemption (x) expires on September 30, 2003.
In case credit is extended, the amount thereof shall be included only as and
when payments are received.
"Gross receipts" shall not include consideration received from business
enterprises certified under Section 9-222.1 of the Public Utilities
Act, as amended, to the extent of such exemption and during the
period of time specified by the Department of Commerce and Economic Opportunity.
"Department" means the Department of Revenue of the State of Illinois.
"Director" means the Director of Revenue for the Department of Revenue of the
State of Illinois.
"Taxpayer" means a person engaged in the business of distributing, supplying,
furnishing or selling gas for use or consumption and not for resale.
"Person" means any natural individual, firm, trust, estate, partnership,
association, joint stock company, joint adventure, corporation, limited
liability company, or a receiver, trustee, guardian or other representative
appointed by order of any court, or any city, town, county or other political
subdivision of this State.
"Invested capital" means that amount equal to (i) the average of the balances
at the beginning and end of each taxable period of the taxpayer's total
stockholder's equity and total long-term debt, less investments in and advances
to all corporations, as set forth on the balance sheets included in the
taxpayer's annual report to the Illinois Commerce Commission for the taxable
period; (ii) multiplied by a fraction determined under Sections 301 and
304(a) of the "Illinois Income Tax Act" and reported on the Illinois income
tax return for the taxable period ending in or with the taxable period in
question. However, notwithstanding the income tax return reporting
requirement stated above, beginning July 1, 1979, no taxpayer's
denominators used to compute the sales, property or payroll factors under
subsection (a) of Section 304 of the Illinois Income Tax Act shall include
payroll, property or sales of any corporate entity other than the taxpayer
for the purposes of determining an allocation for the invested capital tax.
This amendatory Act of 1982, Public Act 82-1024, is not intended to and
does not make any change in the meaning of any provision of this Act, it
having been the intent of the General Assembly in initially enacting the
definition of "invested capital" to provide for apportionment of the
invested capital of each company, based solely upon the sales, property and
payroll of that company.
"Taxable period" means each period which ends after the effective date
of this Act and which is covered by an annual report filed by the taxpayer
with the Illinois Commerce Commission.
(Source: P.A. 93-31, eff. 10-1-03; 94-793, eff. 5-19-06.)