(35 ILCS 620/1) (from Ch. 120, par. 468)
Sec. 1. For the purposes of this Law:
"Consumer Price Index" means the Consumer Price Index For All Urban
Consumers for all items published by the United States Department of Labor;
provided that if this index no longer exists, the Department of Revenue shall
prescribe the use of a comparable, substitute index.
"Gross receipts" means the
consideration received for electricity distributed, supplied, furnished or
sold to persons for use or consumption and not for resale, and for all
services (including the transmission of electricity for an end-user)
rendered in connection therewith, and includes 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 electricity or |
"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.
"Distributing electricity" means delivering electric energy to an end user
over facilities owned, leased, or controlled by the taxpayer.
"Taxpayer" for purposes of the tax on the distribution of electricity
imposed by this Act means an electric cooperative, an electric utility, or
an
alternative retail electric supplier (other than a person that is an
alternative retail electric supplier solely pursuant to subsection (e) of
Section 16-115 of the Public Utilities Act), as those terms are defined in the
Public
Utilities Act, engaged in the business of distributing electricity in this State for use or
consumption and
not for resale.
"Taxpayer" for purposes of the Public Utilities Revenue Tax means a person
engaged in the business of distributing, supplying, furnishing or selling
electricity 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"
in the case of an electric cooperative subject to the tax imposed by
Section
2a.1 means an amount equal
to the product determined by multiplying, (i) the average of the balances
at the beginning and end of the taxable period of the taxpayer's total equity
(including memberships, patronage capital, operating margins, non-operating
margins, other margins and other equities), as set forth on the balance
sheets included in the taxpayer's annual report to the United States Department
of Agriculture Rural Utilities Services
(established pursuant
to the federal Rural Electrification Act of 1936, as amended), by (ii) the
fraction determined under Sections 301 and 304(a) of the Illinois Income
Tax Act, as amended, for the taxable period.
"Taxable period" means each calendar year which ends after the
effective date
of this Act. In the case of an electric
cooperative
subject to the tax imposed by Section 2a.1, "taxable period" means each
calendar year ending after the effective date of this Act and covered by
an annual report filed by the taxpayer with the United States Department
of Agriculture Rural Utilities Services.
(Source: P.A. 94-793, eff. 5-19-06.)
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