In making such return the delivering supplier may use any
reasonable method to derive reportable "kilowatt-hours" from
the delivering supplier's records.
If the average monthly tax liability to the Department of
the delivering supplier does not exceed $2,500, the Department
may authorize the delivering supplier's returns to be filed on
a quarter-annual basis, with the return for January, February
and March of a given year being due by April 30 of such year;
with the return for April, May and June of a given year being
due by July 31 of such year; with the return for July, August
and September of a given year being due by October 31 of such
year; and with the return for October, November and December
of a given year being due by January 31 of the following year.
If the average monthly tax liability to the Department of
the delivering supplier does not exceed $1,000, the Department
may authorize the delivering supplier's returns to be filed on
an annual basis, with the return for a given year being due by
January 31 of the following year.
Such quarter-annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Law
concerning the time within which a delivering supplier may
file a return, any such delivering supplier who ceases to
engage in a kind of business which makes the person
responsible for filing returns under this Law shall file a
final return under this Law with the Department not more than
one month after discontinuing such business.
Each delivering supplier whose average monthly liability
to the Department under this Law was $10,000 or more during
the preceding calendar year, excluding the month of highest
liability and the month of lowest liability in such calendar
year, and who is not operated by a unit of local government,
shall make estimated payments to the Department on or before
the 7th, 15th, 22nd and last day of the month during which tax
liability to the Department is incurred in an amount not less
than the lower of either 22.5% of such delivering supplier's
actual tax liability for the month or 25% of such delivering
supplier's actual tax liability for the same calendar month of
the preceding year. The amount of such quarter-monthly
payments shall be credited against the final tax liability of
such delivering supplier's return for that month. An
outstanding credit approved by the Department or a credit memorandum
issued by the Department arising
from
such delivering supplier's overpayment of his or her final tax
liability for any month may be applied to reduce the amount of
any subsequent quarter-monthly payment or credited against the
final tax liability of such delivering supplier's return for
any subsequent month. If any quarter-monthly payment is not
paid at the time or in the amount required by this Section,
such delivering supplier shall be liable for penalty and
interest on the difference between the minimum amount due as a
payment and the amount of such payment actually and timely
paid, except insofar as such delivering supplier has
previously made payments for that month to the Department in
excess of the minimum payments previously due.
If the Director finds that the information required for
the making of an accurate return cannot reasonably be compiled
by such delivering supplier within 15 days after the close of
the calendar month for which a return is to be made, the
Director may grant an extension of time for the filing of such
return for a period not to exceed 31 calendar days. The
granting of such an extension may be conditioned upon the
deposit by such delivering supplier with the Department of an
amount of money not exceeding the amount estimated by the
Director to be due with the return so extended. All such
deposits shall be credited against such delivering supplier's
liabilities under this Law. If the deposit exceeds such
delivering supplier's present and probable future liabilities
under this Law, the Department shall issue to such delivering
supplier a credit memorandum, which may be assigned by such
delivering supplier to a similar person under this Law, in
accordance with reasonable rules and regulations to be
prescribed by the Department.
The delivering supplier making the return provided for in
this Section shall, at the time of making such return, pay to
the Department the amount of tax imposed by this Law.
Until October 1, 2002, a delivering supplier who has an average monthly
tax
liability of $10,000 or more shall make all payments
required by rules of the Department by electronic funds
transfer. The term "average monthly tax liability" shall be
the sum of the delivering supplier's liabilities under this
Law for the immediately preceding calendar year divided by
12.
Beginning on October 1, 2002, a taxpayer who has a tax liability in the
amount set forth in subsection (b) of Section 2505-210 of the Department of
Revenue Law shall make all payments required by rules of the Department by
electronic funds transfer.
Any delivering supplier not required to make payments
by electronic funds transfer may make payments by electronic
funds transfer with the permission of the Department. All
delivering suppliers required to make payments by electronic
funds transfer and any delivering suppliers authorized to
voluntarily make payments by electronic funds transfer shall
make those payments in the manner authorized by the
Department.
If any payment provided for in this Section exceeds the delivering supplier's liabilities under this Act, as shown on an original return, the Department may authorize the delivering supplier to credit such excess payment against liability subsequently to be remitted to the Department under this Act, in accordance with reasonable rules adopted by the Department.
Through June 30, 2004, each month the Department shall pay into the Public
Utility Fund in the State treasury an amount determined by the
Director to be equal to 3.0% of the funds received by
the Department pursuant to this Section. Through June 30, 2004, the remainder of all
moneys received by the Department under this Section shall be
paid into the General Revenue Fund in the State treasury. Beginning on July 1, 2004, of the 3% of the funds received pursuant to this Section, each month the Department shall pay $416,667 into the General Revenue Fund and the balance shall be paid into the Public Utility Fund in the State treasury.
(Source: P.A. 100-1171, eff. 1-4-19.)
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