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90_SB1231
SEE INDEX
Amends the Metropolitan Pier and Exposition Authority
Act. Provides that the surplus revenues of the Authority
shall be used for the repair, replacement, and improvement of
the grounds, buildings, and facilities of the Authority (now
for capital repair and rehabilitation of the grounds,
buildings, facilities of the expansion project). Provides
that bonds issued by the Authority may not exceed an
aggregate original principal amount of $1,037,000,000 (now
$937,000,000). Provides that any member, officer or employee
of the Authority may be designated to authorize the wire
transfer of funds deposited by the secretary-treasurer in a
bank or savings and loan association (now in a bank or
savings and loan association for the payment of payroll and
employee benefits related expenses). Amends the State
Finance Act, the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act. Provides for specified monthly installment deposits
into the McCormick Place Expansion Project Fund for fiscal
years 2005, 2006, 2007, and thereafter from moneys collected
under the Use Tax Act, the Service Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act.
Provides that the monthly installment deposits shall not be
made after fiscal year 2029. Effective immediately.
LRB9008304MWpc
LRB9008304MWpc
1 AN ACT concerning the Metropolitan Pier and Exposition
2 Authority, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by changing
6 Section 8.25f as follows:
7 (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f)
8 Sec. 8.25f. McCormick Place Expansion Project Fund.
9 (a) Deposits. The following amounts shall be deposited
10 into the McCormick Place Expansion Project Fund in the State
11 Treasury: (i) the moneys required to be deposited into the
12 Fund under Section 9 of the Use Tax Act, Section 9 of the
13 Service Occupation Tax Act, Section 9 of the Service Use Tax
14 Act, and Section 3 of the Retailers' Occupation Tax Act and
15 (ii) the moneys required to be deposited into the Fund under
16 Section 13 of the Metropolitan Pier and Exposition Authority
17 Act. Notwithstanding the foregoing, the maximum amount that
18 may be deposited into the McCormick Place Expansion Project
19 Fund from item (i) shall not exceed the following amounts
20 with respect to the following fiscal years:
21 Fiscal Year Total Deposit
22 1993 $0
23 1994 53,000,000
24 1995 58,000,000
25 1996 61,000,000
26 1997 64,000,000
27 1998 68,000,000
28 1999 71,000,000
29 2000 75,000,000
30 2001 80,000,000
31 2002 84,000,000
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1 2003 89,000,000
2 2004 93,000,000
3 2005 97,000,000
4 2006 102,000,000
5 2007 and 106,000,000
6 each fiscal year
7 thereafter that bonds are
8 outstanding under Section
9 13.2 of the Metropolitan Pier
10 and Exposition Authority Act,
11 but not after fiscal year 2029.
12 Provided that all amounts deposited in the Fund and
13 requested in the Authority's certificate have been paid to
14 the Authority, all amounts remaining in the McCormick Place
15 Expansion Project Fund on the last day of any month shall be
16 transferred to the General Revenue Fund.
17 (b) Authority certificate. Beginning with fiscal year
18 1994 and continuing for each fiscal year thereafter, the
19 Chairman of the Metropolitan Pier and Exposition Authority
20 shall annually certify to the State Comptroller and the State
21 Treasurer the amount necessary and required, during the
22 fiscal year with respect to which the certification is made,
23 to pay the debt service requirements (including amounts to be
24 paid with respect to arrangements to provide additional
25 security or liquidity) on all outstanding bonds and notes,
26 including refunding bonds, (collectively referred to as
27 "bonds") in an amount issued by the Authority pursuant to
28 Section 13.2 of the Metropolitan Pier and Exposition
29 Authority Act this amendatory Act of 1991. Provided that the
30 certificate filed by the Chairman shall not certify an amount
31 in excess of 79% of the amount specified above as "Total
32 Deposit" with respect to a fiscal year until the Chairman has
33 filed with the State Comptroller and State Treasurer a notice
34 stating that a final judicial order upholding the tax imposed
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1 under subsection (b) of Section 13 of the Metropolitan Pier
2 and Exposition Authority Act has been entered; thereafter the
3 annual amount certified by the Chairman shall not exceed the
4 amount specified above as the "Total Deposit" with respect to
5 a fiscal year. Until the Chairman has filed the notice with
6 respect to the final judicial order, the proceeds of any tax
7 imposed under subsection (b) of Section 13 shall be held
8 apart from all other funds of the Authority and shall not be
9 expended until entry of the final judicial order. Upon entry
10 of a final judicial order upholding the tax, the proceeds of
11 the tax shall be deposited in the trust fund referred to in
12 subsection (g) of Section 13 of the Metropolitan Pier and
13 Exposition Authority Act and that part of the proceeds
14 collected during fiscal year 1993 shall be treated as amounts
15 deposited under item "second" of that subsection. The
16 certificate may be amended from time to time as necessary.
17 (Source: P.A. 87-733.)
18 Section 10. The Use Tax Act is amended by changing
19 Section 9 as follows:
20 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
21 (Text of Section before amendment by P.A. 90-491)
22 Sec. 9. Except as to motor vehicles, watercraft,
23 aircraft, and trailers that are required to be registered
24 with an agency of this State, each retailer required or
25 authorized to collect the tax imposed by this Act shall pay
26 to the Department the amount of such tax (except as otherwise
27 provided) at the time when he is required to file his return
28 for the period during which such tax was collected, less a
29 discount of 2.1% prior to January 1, 1990, and 1.75% on and
30 after January 1, 1990, or $5 per calendar year, whichever is
31 greater, which is allowed to reimburse the retailer for
32 expenses incurred in collecting the tax, keeping records,
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1 preparing and filing returns, remitting the tax and supplying
2 data to the Department on request. In the case of retailers
3 who report and pay the tax on a transaction by transaction
4 basis, as provided in this Section, such discount shall be
5 taken with each such tax remittance instead of when such
6 retailer files his periodic return. A retailer need not
7 remit that part of any tax collected by him to the extent
8 that he is required to remit and does remit the tax imposed
9 by the Retailers' Occupation Tax Act, with respect to the
10 sale of the same property.
11 Where such tangible personal property is sold under a
12 conditional sales contract, or under any other form of sale
13 wherein the payment of the principal sum, or a part thereof,
14 is extended beyond the close of the period for which the
15 return is filed, the retailer, in collecting the tax (except
16 as to motor vehicles, watercraft, aircraft, and trailers that
17 are required to be registered with an agency of this State),
18 may collect for each tax return period, only the tax
19 applicable to that part of the selling price actually
20 received during such tax return period.
21 Except as provided in this Section, on or before the
22 twentieth day of each calendar month, such retailer shall
23 file a return for the preceding calendar month. Such return
24 shall be filed on forms prescribed by the Department and
25 shall furnish such information as the Department may
26 reasonably require.
27 The Department may require returns to be filed on a
28 quarterly basis. If so required, a return for each calendar
29 quarter shall be filed on or before the twentieth day of the
30 calendar month following the end of such calendar quarter.
31 The taxpayer shall also file a return with the Department for
32 each of the first two months of each calendar quarter, on or
33 before the twentieth day of the following calendar month,
34 stating:
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1 1. The name of the seller;
2 2. The address of the principal place of business
3 from which he engages in the business of selling tangible
4 personal property at retail in this State;
5 3. The total amount of taxable receipts received by
6 him during the preceding calendar month from sales of
7 tangible personal property by him during such preceding
8 calendar month, including receipts from charge and time
9 sales, but less all deductions allowed by law;
10 4. The amount of credit provided in Section 2d of
11 this Act;
12 5. The amount of tax due;
13 5-5. The signature of the taxpayer; and
14 6. Such other reasonable information as the
15 Department may require.
16 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
19 be due on the return shall be deemed assessed.
20 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
25 make all payments required by rules of the Department by
26 electronic funds transfer. Beginning October 1, 1995, a
27 taxpayer who has an average monthly tax liability of $50,000
28 or more shall make all payments required by rules of the
29 Department by electronic funds transfer. The term "average
30 monthly tax liability" means the sum of the taxpayer's
31 liabilities under this Act, and under all other State and
32 local occupation and use tax laws administered by the
33 Department, for the immediately preceding calendar year
34 divided by 12.
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1 Before August 1 of each year beginning in 1993, the
2 Department shall notify all taxpayers required to make
3 payments by electronic funds transfer. All taxpayers required
4 to make payments by electronic funds transfer shall make
5 those payments for a minimum of one year beginning on October
6 1.
7 Any taxpayer not required to make payments by electronic
8 funds transfer may make payments by electronic funds transfer
9 with the permission of the Department.
10 All taxpayers required to make payment by electronic
11 funds transfer and any taxpayers authorized to voluntarily
12 make payments by electronic funds transfer shall make those
13 payments in the manner authorized by the Department.
14 The Department shall adopt such rules as are necessary to
15 effectuate a program of electronic funds transfer and the
16 requirements of this Section.
17 If the taxpayer's average monthly tax liability to the
18 Department under this Act, the Retailers' Occupation Tax Act,
19 the Service Occupation Tax Act, the Service Use Tax Act was
20 $10,000 or more during the preceding 4 complete calendar
21 quarters, he shall file a return with the Department each
22 month by the 20th day of the month next following the month
23 during which such tax liability is incurred and shall make
24 payments to the Department on or before the 7th, 15th, 22nd
25 and last day of the month during which such liability is
26 incurred. If the month during which such tax liability is
27 incurred began prior to January 1, 1985, each payment shall
28 be in an amount equal to 1/4 of the taxpayer's actual
29 liability for the month or an amount set by the Department
30 not to exceed 1/4 of the average monthly liability of the
31 taxpayer to the Department for the preceding 4 complete
32 calendar quarters (excluding the month of highest liability
33 and the month of lowest liability in such 4 quarter period).
34 If the month during which such tax liability is incurred
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1 begins on or after January 1, 1985, and prior to January 1,
2 1987, each payment shall be in an amount equal to 22.5% of
3 the taxpayer's actual liability for the month or 27.5% of the
4 taxpayer's liability for the same calendar month of the
5 preceding year. If the month during which such tax liability
6 is incurred begins on or after January 1, 1987, and prior to
7 January 1, 1988, each payment shall be in an amount equal to
8 22.5% of the taxpayer's actual liability for the month or
9 26.25% of the taxpayer's liability for the same calendar
10 month of the preceding year. If the month during which such
11 tax liability is incurred begins on or after January 1, 1988,
12 and prior to January 1, 1989, or begins on or after January
13 1, 1996, each payment shall be in an amount equal to 22.5% of
14 the taxpayer's actual liability for the month or 25% of the
15 taxpayer's liability for the same calendar month of the
16 preceding year. If the month during which such tax liability
17 is incurred begins on or after January 1, 1989, and prior to
18 January 1, 1996, each payment shall be in an amount equal to
19 22.5% of the taxpayer's actual liability for the month or 25%
20 of the taxpayer's liability for the same calendar month of
21 the preceding year or 100% of the taxpayer's actual liability
22 for the quarter monthly reporting period. The amount of such
23 quarter monthly payments shall be credited against the final
24 tax liability of the taxpayer's return for that month. Once
25 applicable, the requirement of the making of quarter monthly
26 payments to the Department shall continue until such
27 taxpayer's average monthly liability to the Department during
28 the preceding 4 complete calendar quarters (excluding the
29 month of highest liability and the month of lowest liability)
30 is less than $9,000, or until such taxpayer's average monthly
31 liability to the Department as computed for each calendar
32 quarter of the 4 preceding complete calendar quarter period
33 is less than $10,000. However, if a taxpayer can show the
34 Department that a substantial change in the taxpayer's
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1 business has occurred which causes the taxpayer to anticipate
2 that his average monthly tax liability for the reasonably
3 foreseeable future will fall below $10,000, then such
4 taxpayer may petition the Department for change in such
5 taxpayer's reporting status. The Department shall change
6 such taxpayer's reporting status unless it finds that such
7 change is seasonal in nature and not likely to be long term.
8 If any such quarter monthly payment is not paid at the time
9 or in the amount required by this Section, then the
10 taxpayer's 2.1% or 1.75% vendors' discount shall be reduced
11 by 2.1% or 1.75%, as the case may be, of the difference
12 between the minimum amount due and the amount of such quarter
13 monthly payment actually and timely paid and the taxpayer
14 shall be liable for penalties and interest on such
15 difference, except insofar as the taxpayer has previously
16 made payments for that month to the Department in excess of
17 the minimum payments previously due as provided in this
18 Section. The Department shall make reasonable rules and
19 regulations to govern the quarter monthly payment amount and
20 quarter monthly payment dates for taxpayers who file on other
21 than a calendar monthly basis.
22 If any such payment provided for in this Section exceeds
23 the taxpayer's liabilities under this Act, the Retailers'
24 Occupation Tax Act, the Service Occupation Tax Act and the
25 Service Use Tax Act, as shown by an original monthly return,
26 the Department shall issue to the taxpayer a credit
27 memorandum no later than 30 days after the date of payment,
28 which memorandum may be submitted by the taxpayer to the
29 Department in payment of tax liability subsequently to be
30 remitted by the taxpayer to the Department or be assigned by
31 the taxpayer to a similar taxpayer under this Act, the
32 Retailers' Occupation Tax Act, the Service Occupation Tax Act
33 or the Service Use Tax Act, in accordance with reasonable
34 rules and regulations to be prescribed by the Department,
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1 except that if such excess payment is shown on an original
2 monthly return and is made after December 31, 1986, no credit
3 memorandum shall be issued, unless requested by the taxpayer.
4 If no such request is made, the taxpayer may credit such
5 excess payment against tax liability subsequently to be
6 remitted by the taxpayer to the Department under this Act,
7 the Retailers' Occupation Tax Act, the Service Occupation Tax
8 Act or the Service Use Tax Act, in accordance with reasonable
9 rules and regulations prescribed by the Department. If the
10 Department subsequently determines that all or any part of
11 the credit taken was not actually due to the taxpayer, the
12 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
13 by 2.1% or 1.75% of the difference between the credit taken
14 and that actually due, and the taxpayer shall be liable for
15 penalties and interest on such difference.
16 If the retailer is otherwise required to file a monthly
17 return and if the retailer's average monthly tax liability to
18 the Department does not exceed $200, the Department may
19 authorize his returns to be filed on a quarter annual basis,
20 with the return for January, February, and March of a given
21 year being due by April 20 of such year; with the return for
22 April, May and June of a given year being due by July 20 of
23 such year; with the return for July, August and September of
24 a given year being due by October 20 of such year, and with
25 the return for October, November and December of a given year
26 being due by January 20 of the following year.
27 If the retailer is otherwise required to file a monthly
28 or quarterly return and if the retailer's average monthly tax
29 liability to the Department does not exceed $50, the
30 Department may authorize his returns to be filed on an annual
31 basis, with the return for a given year being due by January
32 20 of the following year.
33 Such quarter annual and annual returns, as to form and
34 substance, shall be subject to the same requirements as
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1 monthly returns.
2 Notwithstanding any other provision in this Act
3 concerning the time within which a retailer may file his
4 return, in the case of any retailer who ceases to engage in a
5 kind of business which makes him responsible for filing
6 returns under this Act, such retailer shall file a final
7 return under this Act with the Department not more than one
8 month after discontinuing such business.
9 In addition, with respect to motor vehicles, watercraft,
10 aircraft, and trailers that are required to be registered
11 with an agency of this State, every retailer selling this
12 kind of tangible personal property shall file, with the
13 Department, upon a form to be prescribed and supplied by the
14 Department, a separate return for each such item of tangible
15 personal property which the retailer sells, except that
16 where, in the same transaction, a retailer of aircraft,
17 watercraft, motor vehicles or trailers transfers more than
18 one aircraft, watercraft, motor vehicle or trailer to another
19 aircraft, watercraft, motor vehicle or trailer retailer for
20 the purpose of resale, that seller for resale may report the
21 transfer of all the aircraft, watercraft, motor vehicles or
22 trailers involved in that transaction to the Department on
23 the same uniform invoice-transaction reporting return form.
24 For purposes of this Section, "watercraft" means a Class 2,
25 Class 3, or Class 4 watercraft as defined in Section 3-2 of
26 the Boat Registration and Safety Act, a personal watercraft,
27 or any boat equipped with an inboard motor.
28 The transaction reporting return in the case of motor
29 vehicles or trailers that are required to be registered with
30 an agency of this State, shall be the same document as the
31 Uniform Invoice referred to in Section 5-402 of the Illinois
32 Vehicle Code and must show the name and address of the
33 seller; the name and address of the purchaser; the amount of
34 the selling price including the amount allowed by the
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1 retailer for traded-in property, if any; the amount allowed
2 by the retailer for the traded-in tangible personal property,
3 if any, to the extent to which Section 2 of this Act allows
4 an exemption for the value of traded-in property; the balance
5 payable after deducting such trade-in allowance from the
6 total selling price; the amount of tax due from the retailer
7 with respect to such transaction; the amount of tax collected
8 from the purchaser by the retailer on such transaction (or
9 satisfactory evidence that such tax is not due in that
10 particular instance, if that is claimed to be the fact); the
11 place and date of the sale; a sufficient identification of
12 the property sold; such other information as is required in
13 Section 5-402 of the Illinois Vehicle Code, and such other
14 information as the Department may reasonably require.
15 The transaction reporting return in the case of
16 watercraft and aircraft must show the name and address of the
17 seller; the name and address of the purchaser; the amount of
18 the selling price including the amount allowed by the
19 retailer for traded-in property, if any; the amount allowed
20 by the retailer for the traded-in tangible personal property,
21 if any, to the extent to which Section 2 of this Act allows
22 an exemption for the value of traded-in property; the balance
23 payable after deducting such trade-in allowance from the
24 total selling price; the amount of tax due from the retailer
25 with respect to such transaction; the amount of tax collected
26 from the purchaser by the retailer on such transaction (or
27 satisfactory evidence that such tax is not due in that
28 particular instance, if that is claimed to be the fact); the
29 place and date of the sale, a sufficient identification of
30 the property sold, and such other information as the
31 Department may reasonably require.
32 Such transaction reporting return shall be filed not
33 later than 20 days after the date of delivery of the item
34 that is being sold, but may be filed by the retailer at any
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1 time sooner than that if he chooses to do so. The
2 transaction reporting return and tax remittance or proof of
3 exemption from the tax that is imposed by this Act may be
4 transmitted to the Department by way of the State agency with
5 which, or State officer with whom, the tangible personal
6 property must be titled or registered (if titling or
7 registration is required) if the Department and such agency
8 or State officer determine that this procedure will expedite
9 the processing of applications for title or registration.
10 With each such transaction reporting return, the retailer
11 shall remit the proper amount of tax due (or shall submit
12 satisfactory evidence that the sale is not taxable if that is
13 the case), to the Department or its agents, whereupon the
14 Department shall issue, in the purchaser's name, a tax
15 receipt (or a certificate of exemption if the Department is
16 satisfied that the particular sale is tax exempt) which such
17 purchaser may submit to the agency with which, or State
18 officer with whom, he must title or register the tangible
19 personal property that is involved (if titling or
20 registration is required) in support of such purchaser's
21 application for an Illinois certificate or other evidence of
22 title or registration to such tangible personal property.
23 No retailer's failure or refusal to remit tax under this
24 Act precludes a user, who has paid the proper tax to the
25 retailer, from obtaining his certificate of title or other
26 evidence of title or registration (if titling or registration
27 is required) upon satisfying the Department that such user
28 has paid the proper tax (if tax is due) to the retailer. The
29 Department shall adopt appropriate rules to carry out the
30 mandate of this paragraph.
31 If the user who would otherwise pay tax to the retailer
32 wants the transaction reporting return filed and the payment
33 of tax or proof of exemption made to the Department before
34 the retailer is willing to take these actions and such user
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1 has not paid the tax to the retailer, such user may certify
2 to the fact of such delay by the retailer, and may (upon the
3 Department being satisfied of the truth of such
4 certification) transmit the information required by the
5 transaction reporting return and the remittance for tax or
6 proof of exemption directly to the Department and obtain his
7 tax receipt or exemption determination, in which event the
8 transaction reporting return and tax remittance (if a tax
9 payment was required) shall be credited by the Department to
10 the proper retailer's account with the Department, but
11 without the 2.1% or 1.75% discount provided for in this
12 Section being allowed. When the user pays the tax directly
13 to the Department, he shall pay the tax in the same amount
14 and in the same form in which it would be remitted if the tax
15 had been remitted to the Department by the retailer.
16 Where a retailer collects the tax with respect to the
17 selling price of tangible personal property which he sells
18 and the purchaser thereafter returns such tangible personal
19 property and the retailer refunds the selling price thereof
20 to the purchaser, such retailer shall also refund, to the
21 purchaser, the tax so collected from the purchaser. When
22 filing his return for the period in which he refunds such tax
23 to the purchaser, the retailer may deduct the amount of the
24 tax so refunded by him to the purchaser from any other use
25 tax which such retailer may be required to pay or remit to
26 the Department, as shown by such return, if the amount of the
27 tax to be deducted was previously remitted to the Department
28 by such retailer. If the retailer has not previously
29 remitted the amount of such tax to the Department, he is
30 entitled to no deduction under this Act upon refunding such
31 tax to the purchaser.
32 Any retailer filing a return under this Section shall
33 also include (for the purpose of paying tax thereon) the
34 total tax covered by such return upon the selling price of
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1 tangible personal property purchased by him at retail from a
2 retailer, but as to which the tax imposed by this Act was not
3 collected from the retailer filing such return, and such
4 retailer shall remit the amount of such tax to the Department
5 when filing such return.
6 If experience indicates such action to be practicable,
7 the Department may prescribe and furnish a combination or
8 joint return which will enable retailers, who are required to
9 file returns hereunder and also under the Retailers'
10 Occupation Tax Act, to furnish all the return information
11 required by both Acts on the one form.
12 Where the retailer has more than one business registered
13 with the Department under separate registration under this
14 Act, such retailer may not file each return that is due as a
15 single return covering all such registered businesses, but
16 shall file separate returns for each such registered
17 business.
18 Beginning January 1, 1990, each month the Department
19 shall pay into the State and Local Sales Tax Reform Fund, a
20 special fund in the State Treasury which is hereby created,
21 the net revenue realized for the preceding month from the 1%
22 tax on sales of food for human consumption which is to be
23 consumed off the premises where it is sold (other than
24 alcoholic beverages, soft drinks and food which has been
25 prepared for immediate consumption) and prescription and
26 nonprescription medicines, drugs, medical appliances and
27 insulin, urine testing materials, syringes and needles used
28 by diabetics.
29 Beginning January 1, 1990, each month the Department
30 shall pay into the County and Mass Transit District Fund 4%
31 of the net revenue realized for the preceding month from the
32 6.25% general rate on the selling price of tangible personal
33 property which is purchased outside Illinois at retail from a
34 retailer and which is titled or registered by an agency of
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1 this State's government.
2 Beginning January 1, 1990, each month the Department
3 shall pay into the State and Local Sales Tax Reform Fund, a
4 special fund in the State Treasury, 20% of the net revenue
5 realized for the preceding month from the 6.25% general rate
6 on the selling price of tangible personal property, other
7 than tangible personal property which is purchased outside
8 Illinois at retail from a retailer and which is titled or
9 registered by an agency of this State's government.
10 Beginning January 1, 1990, each month the Department
11 shall pay into the Local Government Tax Fund 16% of the net
12 revenue realized for the preceding month from the 6.25%
13 general rate on the selling price of tangible personal
14 property which is purchased outside Illinois at retail from a
15 retailer and which is titled or registered by an agency of
16 this State's government.
17 Of the remainder of the moneys received by the Department
18 pursuant to this Act, (a) 1.75% thereof shall be paid into
19 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
20 and on and after July 1, 1989, 3.8% thereof shall be paid
21 into the Build Illinois Fund; provided, however, that if in
22 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
23 as the case may be, of the moneys received by the Department
24 and required to be paid into the Build Illinois Fund pursuant
25 to Section 3 of the Retailers' Occupation Tax Act, Section 9
26 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
27 Section 9 of the Service Occupation Tax Act, such Acts being
28 hereinafter called the "Tax Acts" and such aggregate of 2.2%
29 or 3.8%, as the case may be, of moneys being hereinafter
30 called the "Tax Act Amount", and (2) the amount transferred
31 to the Build Illinois Fund from the State and Local Sales Tax
32 Reform Fund shall be less than the Annual Specified Amount
33 (as defined in Section 3 of the Retailers' Occupation Tax
34 Act), an amount equal to the difference shall be immediately
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1 paid into the Build Illinois Fund from other moneys received
2 by the Department pursuant to the Tax Acts; and further
3 provided, that if on the last business day of any month the
4 sum of (1) the Tax Act Amount required to be deposited into
5 the Build Illinois Bond Account in the Build Illinois Fund
6 during such month and (2) the amount transferred during such
7 month to the Build Illinois Fund from the State and Local
8 Sales Tax Reform Fund shall have been less than 1/12 of the
9 Annual Specified Amount, an amount equal to the difference
10 shall be immediately paid into the Build Illinois Fund from
11 other moneys received by the Department pursuant to the Tax
12 Acts; and, further provided, that in no event shall the
13 payments required under the preceding proviso result in
14 aggregate payments into the Build Illinois Fund pursuant to
15 this clause (b) for any fiscal year in excess of the greater
16 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
17 for such fiscal year; and, further provided, that the amounts
18 payable into the Build Illinois Fund under this clause (b)
19 shall be payable only until such time as the aggregate amount
20 on deposit under each trust indenture securing Bonds issued
21 and outstanding pursuant to the Build Illinois Bond Act is
22 sufficient, taking into account any future investment income,
23 to fully provide, in accordance with such indenture, for the
24 defeasance of or the payment of the principal of, premium, if
25 any, and interest on the Bonds secured by such indenture and
26 on any Bonds expected to be issued thereafter and all fees
27 and costs payable with respect thereto, all as certified by
28 the Director of the Bureau of the Budget. If on the last
29 business day of any month in which Bonds are outstanding
30 pursuant to the Build Illinois Bond Act, the aggregate of the
31 moneys deposited in the Build Illinois Bond Account in the
32 Build Illinois Fund in such month shall be less than the
33 amount required to be transferred in such month from the
34 Build Illinois Bond Account to the Build Illinois Bond
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1 Retirement and Interest Fund pursuant to Section 13 of the
2 Build Illinois Bond Act, an amount equal to such deficiency
3 shall be immediately paid from other moneys received by the
4 Department pursuant to the Tax Acts to the Build Illinois
5 Fund; provided, however, that any amounts paid to the Build
6 Illinois Fund in any fiscal year pursuant to this sentence
7 shall be deemed to constitute payments pursuant to clause (b)
8 of the preceding sentence and shall reduce the amount
9 otherwise payable for such fiscal year pursuant to clause (b)
10 of the preceding sentence. The moneys received by the
11 Department pursuant to this Act and required to be deposited
12 into the Build Illinois Fund are subject to the pledge, claim
13 and charge set forth in Section 12 of the Build Illinois Bond
14 Act.
15 Subject to payment of amounts into the Build Illinois
16 Fund as provided in the preceding paragraph or in any
17 amendment thereto hereafter enacted, the following specified
18 monthly installment of the amount requested in the
19 certificate of the Chairman of the Metropolitan Pier and
20 Exposition Authority provided under Section 8.25f of the
21 State Finance Act, but not in excess of the sums designated
22 as "Total Deposit", shall be deposited in the aggregate from
23 collections under Section 9 of the Use Tax Act, Section 9 of
24 the Service Use Tax Act, Section 9 of the Service Occupation
25 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
26 into the McCormick Place Expansion Project Fund in the
27 specified fiscal years.
28 Fiscal Year Total Deposit
29 1993 $0
30 1994 53,000,000
31 1995 58,000,000
32 1996 61,000,000
33 1997 64,000,000
34 1998 68,000,000
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1 1999 71,000,000
2 2000 75,000,000
3 2001 80,000,000
4 2002 84,000,000
5 2003 89,000,000
6 2004 93,000,000
7 2005 97,000,000
8 2006 102,000,000
9 2007 and 106,000,000
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
16 Act, but not after fiscal year 2029.
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
27 Fund, until the full amount requested for the fiscal year,
28 but not in excess of the amount specified above as "Total
29 Deposit", has been deposited.
30 Subject to payment of amounts into the Build Illinois
31 Fund and the McCormick Place Expansion Project Fund pursuant
32 to the preceding paragraphs or in any amendment thereto
33 hereafter enacted, each month the Department shall pay into
34 the Local Government Distributive Fund .4% of the net revenue
-19- LRB9008304MWpc
1 realized for the preceding month from the 5% general rate, or
2 .4% of 80% of the net revenue realized for the preceding
3 month from the 6.25% general rate, as the case may be, on the
4 selling price of tangible personal property which amount
5 shall, subject to appropriation, be distributed as provided
6 in Section 2 of the State Revenue Sharing Act. No payments or
7 distributions pursuant to this paragraph shall be made if the
8 tax imposed by this Act on photoprocessing products is
9 declared unconstitutional, or if the proceeds from such tax
10 are unavailable for distribution because of litigation.
11 Subject to payment of amounts into the Build Illinois
12 Fund, the McCormick Place Expansion Project Fund, and the
13 Local Government Distributive Fund pursuant to the preceding
14 paragraphs or in any amendments thereto hereafter enacted,
15 beginning July 1, 1993, the Department shall each month pay
16 into the Illinois Tax Increment Fund 0.27% of 80% of the net
17 revenue realized for the preceding month from the 6.25%
18 general rate on the selling price of tangible personal
19 property.
20 Of the remainder of the moneys received by the Department
21 pursuant to this Act, 75% thereof shall be paid into the
22 State Treasury and 25% shall be reserved in a special account
23 and used only for the transfer to the Common School Fund as
24 part of the monthly transfer from the General Revenue Fund in
25 accordance with Section 8a of the State Finance Act.
26 As soon as possible after the first day of each month,
27 upon certification of the Department of Revenue, the
28 Comptroller shall order transferred and the Treasurer shall
29 transfer from the General Revenue Fund to the Motor Fuel Tax
30 Fund an amount equal to 1.7% of 80% of the net revenue
31 realized under this Act for the second preceding month;
32 except that this transfer shall not be made for the months
33 February through June of 1992.
34 Net revenue realized for a month shall be the revenue
-20- LRB9008304MWpc
1 collected by the State pursuant to this Act, less the amount
2 paid out during that month as refunds to taxpayers for
3 overpayment of liability.
4 For greater simplicity of administration, manufacturers,
5 importers and wholesalers whose products are sold at retail
6 in Illinois by numerous retailers, and who wish to do so, may
7 assume the responsibility for accounting and paying to the
8 Department all tax accruing under this Act with respect to
9 such sales, if the retailers who are affected do not make
10 written objection to the Department to this arrangement.
11 (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96.)
12 (Text of Section after amendment by P.A. 90-491)
13 Sec. 9. Except as to motor vehicles, watercraft,
14 aircraft, and trailers that are required to be registered
15 with an agency of this State, each retailer required or
16 authorized to collect the tax imposed by this Act shall pay
17 to the Department the amount of such tax (except as otherwise
18 provided) at the time when he is required to file his return
19 for the period during which such tax was collected, less a
20 discount of 2.1% prior to January 1, 1990, and 1.75% on and
21 after January 1, 1990, or $5 per calendar year, whichever is
22 greater, which is allowed to reimburse the retailer for
23 expenses incurred in collecting the tax, keeping records,
24 preparing and filing returns, remitting the tax and supplying
25 data to the Department on request. In the case of retailers
26 who report and pay the tax on a transaction by transaction
27 basis, as provided in this Section, such discount shall be
28 taken with each such tax remittance instead of when such
29 retailer files his periodic return. A retailer need not
30 remit that part of any tax collected by him to the extent
31 that he is required to remit and does remit the tax imposed
32 by the Retailers' Occupation Tax Act, with respect to the
33 sale of the same property.
34 Where such tangible personal property is sold under a
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1 conditional sales contract, or under any other form of sale
2 wherein the payment of the principal sum, or a part thereof,
3 is extended beyond the close of the period for which the
4 return is filed, the retailer, in collecting the tax (except
5 as to motor vehicles, watercraft, aircraft, and trailers that
6 are required to be registered with an agency of this State),
7 may collect for each tax return period, only the tax
8 applicable to that part of the selling price actually
9 received during such tax return period.
10 Except as provided in this Section, on or before the
11 twentieth day of each calendar month, such retailer shall
12 file a return for the preceding calendar month. Such return
13 shall be filed on forms prescribed by the Department and
14 shall furnish such information as the Department may
15 reasonably require.
16 The Department may require returns to be filed on a
17 quarterly basis. If so required, a return for each calendar
18 quarter shall be filed on or before the twentieth day of the
19 calendar month following the end of such calendar quarter.
20 The taxpayer shall also file a return with the Department for
21 each of the first two months of each calendar quarter, on or
22 before the twentieth day of the following calendar month,
23 stating:
24 1. The name of the seller;
25 2. The address of the principal place of business
26 from which he engages in the business of selling tangible
27 personal property at retail in this State;
28 3. The total amount of taxable receipts received by
29 him during the preceding calendar month from sales of
30 tangible personal property by him during such preceding
31 calendar month, including receipts from charge and time
32 sales, but less all deductions allowed by law;
33 4. The amount of credit provided in Section 2d of
34 this Act;
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1 5. The amount of tax due;
2 5-5. The signature of the taxpayer; and
3 6. Such other reasonable information as the
4 Department may require.
5 If a taxpayer fails to sign a return within 30 days after
6 the proper notice and demand for signature by the Department,
7 the return shall be considered valid and any amount shown to
8 be due on the return shall be deemed assessed.
9 Beginning October 1, 1993, a taxpayer who has an average
10 monthly tax liability of $150,000 or more shall make all
11 payments required by rules of the Department by electronic
12 funds transfer. Beginning October 1, 1994, a taxpayer who has
13 an average monthly tax liability of $100,000 or more shall
14 make all payments required by rules of the Department by
15 electronic funds transfer. Beginning October 1, 1995, a
16 taxpayer who has an average monthly tax liability of $50,000
17 or more shall make all payments required by rules of the
18 Department by electronic funds transfer. The term "average
19 monthly tax liability" means the sum of the taxpayer's
20 liabilities under this Act, and under all other State and
21 local occupation and use tax laws administered by the
22 Department, for the immediately preceding calendar year
23 divided by 12.
24 Before August 1 of each year beginning in 1993, the
25 Department shall notify all taxpayers required to make
26 payments by electronic funds transfer. All taxpayers required
27 to make payments by electronic funds transfer shall make
28 those payments for a minimum of one year beginning on October
29 1.
30 Any taxpayer not required to make payments by electronic
31 funds transfer may make payments by electronic funds transfer
32 with the permission of the Department.
33 All taxpayers required to make payment by electronic
34 funds transfer and any taxpayers authorized to voluntarily
-23- LRB9008304MWpc
1 make payments by electronic funds transfer shall make those
2 payments in the manner authorized by the Department.
3 The Department shall adopt such rules as are necessary to
4 effectuate a program of electronic funds transfer and the
5 requirements of this Section.
6 If the taxpayer's average monthly tax liability to the
7 Department under this Act, the Retailers' Occupation Tax Act,
8 the Service Occupation Tax Act, the Service Use Tax Act was
9 $10,000 or more during the preceding 4 complete calendar
10 quarters, he shall file a return with the Department each
11 month by the 20th day of the month next following the month
12 during which such tax liability is incurred and shall make
13 payments to the Department on or before the 7th, 15th, 22nd
14 and last day of the month during which such liability is
15 incurred. If the month during which such tax liability is
16 incurred began prior to January 1, 1985, each payment shall
17 be in an amount equal to 1/4 of the taxpayer's actual
18 liability for the month or an amount set by the Department
19 not to exceed 1/4 of the average monthly liability of the
20 taxpayer to the Department for the preceding 4 complete
21 calendar quarters (excluding the month of highest liability
22 and the month of lowest liability in such 4 quarter period).
23 If the month during which such tax liability is incurred
24 begins on or after January 1, 1985, and prior to January 1,
25 1987, each payment shall be in an amount equal to 22.5% of
26 the taxpayer's actual liability for the month or 27.5% of the
27 taxpayer's liability for the same calendar month of the
28 preceding year. If the month during which such tax liability
29 is incurred begins on or after January 1, 1987, and prior to
30 January 1, 1988, each payment shall be in an amount equal to
31 22.5% of the taxpayer's actual liability for the month or
32 26.25% of the taxpayer's liability for the same calendar
33 month of the preceding year. If the month during which such
34 tax liability is incurred begins on or after January 1, 1988,
-24- LRB9008304MWpc
1 and prior to January 1, 1989, or begins on or after January
2 1, 1996, each payment shall be in an amount equal to 22.5% of
3 the taxpayer's actual liability for the month or 25% of the
4 taxpayer's liability for the same calendar month of the
5 preceding year. If the month during which such tax liability
6 is incurred begins on or after January 1, 1989, and prior to
7 January 1, 1996, each payment shall be in an amount equal to
8 22.5% of the taxpayer's actual liability for the month or 25%
9 of the taxpayer's liability for the same calendar month of
10 the preceding year or 100% of the taxpayer's actual liability
11 for the quarter monthly reporting period. The amount of such
12 quarter monthly payments shall be credited against the final
13 tax liability of the taxpayer's return for that month. Once
14 applicable, the requirement of the making of quarter monthly
15 payments to the Department shall continue until such
16 taxpayer's average monthly liability to the Department during
17 the preceding 4 complete calendar quarters (excluding the
18 month of highest liability and the month of lowest liability)
19 is less than $9,000, or until such taxpayer's average monthly
20 liability to the Department as computed for each calendar
21 quarter of the 4 preceding complete calendar quarter period
22 is less than $10,000. However, if a taxpayer can show the
23 Department that a substantial change in the taxpayer's
24 business has occurred which causes the taxpayer to anticipate
25 that his average monthly tax liability for the reasonably
26 foreseeable future will fall below $10,000, then such
27 taxpayer may petition the Department for change in such
28 taxpayer's reporting status. The Department shall change
29 such taxpayer's reporting status unless it finds that such
30 change is seasonal in nature and not likely to be long term.
31 If any such quarter monthly payment is not paid at the time
32 or in the amount required by this Section, then the taxpayer
33 shall be liable for penalties and interest on the difference
34 between the minimum amount due and the amount of such quarter
-25- LRB9008304MWpc
1 monthly payment actually and timely paid, except insofar as
2 the taxpayer has previously made payments for that month to
3 the Department in excess of the minimum payments previously
4 due as provided in this Section. The Department shall make
5 reasonable rules and regulations to govern the quarter
6 monthly payment amount and quarter monthly payment dates for
7 taxpayers who file on other than a calendar monthly basis.
8 If any such payment provided for in this Section exceeds
9 the taxpayer's liabilities under this Act, the Retailers'
10 Occupation Tax Act, the Service Occupation Tax Act and the
11 Service Use Tax Act, as shown by an original monthly return,
12 the Department shall issue to the taxpayer a credit
13 memorandum no later than 30 days after the date of payment,
14 which memorandum may be submitted by the taxpayer to the
15 Department in payment of tax liability subsequently to be
16 remitted by the taxpayer to the Department or be assigned by
17 the taxpayer to a similar taxpayer under this Act, the
18 Retailers' Occupation Tax Act, the Service Occupation Tax Act
19 or the Service Use Tax Act, in accordance with reasonable
20 rules and regulations to be prescribed by the Department,
21 except that if such excess payment is shown on an original
22 monthly return and is made after December 31, 1986, no credit
23 memorandum shall be issued, unless requested by the taxpayer.
24 If no such request is made, the taxpayer may credit such
25 excess payment against tax liability subsequently to be
26 remitted by the taxpayer to the Department under this Act,
27 the Retailers' Occupation Tax Act, the Service Occupation Tax
28 Act or the Service Use Tax Act, in accordance with reasonable
29 rules and regulations prescribed by the Department. If the
30 Department subsequently determines that all or any part of
31 the credit taken was not actually due to the taxpayer, the
32 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
33 by 2.1% or 1.75% of the difference between the credit taken
34 and that actually due, and the taxpayer shall be liable for
-26- LRB9008304MWpc
1 penalties and interest on such difference.
2 If the retailer is otherwise required to file a monthly
3 return and if the retailer's average monthly tax liability to
4 the Department does not exceed $200, the Department may
5 authorize his returns to be filed on a quarter annual basis,
6 with the return for January, February, and March of a given
7 year being due by April 20 of such year; with the return for
8 April, May and June of a given year being due by July 20 of
9 such year; with the return for July, August and September of
10 a given year being due by October 20 of such year, and with
11 the return for October, November and December of a given year
12 being due by January 20 of the following year.
13 If the retailer is otherwise required to file a monthly
14 or quarterly return and if the retailer's average monthly tax
15 liability to the Department does not exceed $50, the
16 Department may authorize his returns to be filed on an annual
17 basis, with the return for a given year being due by January
18 20 of the following year.
19 Such quarter annual and annual returns, as to form and
20 substance, shall be subject to the same requirements as
21 monthly returns.
22 Notwithstanding any other provision in this Act
23 concerning the time within which a retailer may file his
24 return, in the case of any retailer who ceases to engage in a
25 kind of business which makes him responsible for filing
26 returns under this Act, such retailer shall file a final
27 return under this Act with the Department not more than one
28 month after discontinuing such business.
29 In addition, with respect to motor vehicles, watercraft,
30 aircraft, and trailers that are required to be registered
31 with an agency of this State, every retailer selling this
32 kind of tangible personal property shall file, with the
33 Department, upon a form to be prescribed and supplied by the
34 Department, a separate return for each such item of tangible
-27- LRB9008304MWpc
1 personal property which the retailer sells, except that
2 where, in the same transaction, a retailer of aircraft,
3 watercraft, motor vehicles or trailers transfers more than
4 one aircraft, watercraft, motor vehicle or trailer to another
5 aircraft, watercraft, motor vehicle or trailer retailer for
6 the purpose of resale, that seller for resale may report the
7 transfer of all the aircraft, watercraft, motor vehicles or
8 trailers involved in that transaction to the Department on
9 the same uniform invoice-transaction reporting return form.
10 For purposes of this Section, "watercraft" means a Class 2,
11 Class 3, or Class 4 watercraft as defined in Section 3-2 of
12 the Boat Registration and Safety Act, a personal watercraft,
13 or any boat equipped with an inboard motor.
14 The transaction reporting return in the case of motor
15 vehicles or trailers that are required to be registered with
16 an agency of this State, shall be the same document as the
17 Uniform Invoice referred to in Section 5-402 of the Illinois
18 Vehicle Code and must show the name and address of the
19 seller; the name and address of the purchaser; the amount of
20 the selling price including the amount allowed by the
21 retailer for traded-in property, if any; the amount allowed
22 by the retailer for the traded-in tangible personal property,
23 if any, to the extent to which Section 2 of this Act allows
24 an exemption for the value of traded-in property; the balance
25 payable after deducting such trade-in allowance from the
26 total selling price; the amount of tax due from the retailer
27 with respect to such transaction; the amount of tax collected
28 from the purchaser by the retailer on such transaction (or
29 satisfactory evidence that such tax is not due in that
30 particular instance, if that is claimed to be the fact); the
31 place and date of the sale; a sufficient identification of
32 the property sold; such other information as is required in
33 Section 5-402 of the Illinois Vehicle Code, and such other
34 information as the Department may reasonably require.
-28- LRB9008304MWpc
1 The transaction reporting return in the case of
2 watercraft and aircraft must show the name and address of the
3 seller; the name and address of the purchaser; the amount of
4 the selling price including the amount allowed by the
5 retailer for traded-in property, if any; the amount allowed
6 by the retailer for the traded-in tangible personal property,
7 if any, to the extent to which Section 2 of this Act allows
8 an exemption for the value of traded-in property; the balance
9 payable after deducting such trade-in allowance from the
10 total selling price; the amount of tax due from the retailer
11 with respect to such transaction; the amount of tax collected
12 from the purchaser by the retailer on such transaction (or
13 satisfactory evidence that such tax is not due in that
14 particular instance, if that is claimed to be the fact); the
15 place and date of the sale, a sufficient identification of
16 the property sold, and such other information as the
17 Department may reasonably require.
18 Such transaction reporting return shall be filed not
19 later than 20 days after the date of delivery of the item
20 that is being sold, but may be filed by the retailer at any
21 time sooner than that if he chooses to do so. The
22 transaction reporting return and tax remittance or proof of
23 exemption from the tax that is imposed by this Act may be
24 transmitted to the Department by way of the State agency with
25 which, or State officer with whom, the tangible personal
26 property must be titled or registered (if titling or
27 registration is required) if the Department and such agency
28 or State officer determine that this procedure will expedite
29 the processing of applications for title or registration.
30 With each such transaction reporting return, the retailer
31 shall remit the proper amount of tax due (or shall submit
32 satisfactory evidence that the sale is not taxable if that is
33 the case), to the Department or its agents, whereupon the
34 Department shall issue, in the purchaser's name, a tax
-29- LRB9008304MWpc
1 receipt (or a certificate of exemption if the Department is
2 satisfied that the particular sale is tax exempt) which such
3 purchaser may submit to the agency with which, or State
4 officer with whom, he must title or register the tangible
5 personal property that is involved (if titling or
6 registration is required) in support of such purchaser's
7 application for an Illinois certificate or other evidence of
8 title or registration to such tangible personal property.
9 No retailer's failure or refusal to remit tax under this
10 Act precludes a user, who has paid the proper tax to the
11 retailer, from obtaining his certificate of title or other
12 evidence of title or registration (if titling or registration
13 is required) upon satisfying the Department that such user
14 has paid the proper tax (if tax is due) to the retailer. The
15 Department shall adopt appropriate rules to carry out the
16 mandate of this paragraph.
17 If the user who would otherwise pay tax to the retailer
18 wants the transaction reporting return filed and the payment
19 of tax or proof of exemption made to the Department before
20 the retailer is willing to take these actions and such user
21 has not paid the tax to the retailer, such user may certify
22 to the fact of such delay by the retailer, and may (upon the
23 Department being satisfied of the truth of such
24 certification) transmit the information required by the
25 transaction reporting return and the remittance for tax or
26 proof of exemption directly to the Department and obtain his
27 tax receipt or exemption determination, in which event the
28 transaction reporting return and tax remittance (if a tax
29 payment was required) shall be credited by the Department to
30 the proper retailer's account with the Department, but
31 without the 2.1% or 1.75% discount provided for in this
32 Section being allowed. When the user pays the tax directly
33 to the Department, he shall pay the tax in the same amount
34 and in the same form in which it would be remitted if the tax
-30- LRB9008304MWpc
1 had been remitted to the Department by the retailer.
2 Where a retailer collects the tax with respect to the
3 selling price of tangible personal property which he sells
4 and the purchaser thereafter returns such tangible personal
5 property and the retailer refunds the selling price thereof
6 to the purchaser, such retailer shall also refund, to the
7 purchaser, the tax so collected from the purchaser. When
8 filing his return for the period in which he refunds such tax
9 to the purchaser, the retailer may deduct the amount of the
10 tax so refunded by him to the purchaser from any other use
11 tax which such retailer may be required to pay or remit to
12 the Department, as shown by such return, if the amount of the
13 tax to be deducted was previously remitted to the Department
14 by such retailer. If the retailer has not previously
15 remitted the amount of such tax to the Department, he is
16 entitled to no deduction under this Act upon refunding such
17 tax to the purchaser.
18 Any retailer filing a return under this Section shall
19 also include (for the purpose of paying tax thereon) the
20 total tax covered by such return upon the selling price of
21 tangible personal property purchased by him at retail from a
22 retailer, but as to which the tax imposed by this Act was not
23 collected from the retailer filing such return, and such
24 retailer shall remit the amount of such tax to the Department
25 when filing such return.
26 If experience indicates such action to be practicable,
27 the Department may prescribe and furnish a combination or
28 joint return which will enable retailers, who are required to
29 file returns hereunder and also under the Retailers'
30 Occupation Tax Act, to furnish all the return information
31 required by both Acts on the one form.
32 Where the retailer has more than one business registered
33 with the Department under separate registration under this
34 Act, such retailer may not file each return that is due as a
-31- LRB9008304MWpc
1 single return covering all such registered businesses, but
2 shall file separate returns for each such registered
3 business.
4 Beginning January 1, 1990, each month the Department
5 shall pay into the State and Local Sales Tax Reform Fund, a
6 special fund in the State Treasury which is hereby created,
7 the net revenue realized for the preceding month from the 1%
8 tax on sales of food for human consumption which is to be
9 consumed off the premises where it is sold (other than
10 alcoholic beverages, soft drinks and food which has been
11 prepared for immediate consumption) and prescription and
12 nonprescription medicines, drugs, medical appliances and
13 insulin, urine testing materials, syringes and needles used
14 by diabetics.
15 Beginning January 1, 1990, each month the Department
16 shall pay into the County and Mass Transit District Fund 4%
17 of the net revenue realized for the preceding month from the
18 6.25% general rate on the selling price of tangible personal
19 property which is purchased outside Illinois at retail from a
20 retailer and which is titled or registered by an agency of
21 this State's government.
22 Beginning January 1, 1990, each month the Department
23 shall pay into the State and Local Sales Tax Reform Fund, a
24 special fund in the State Treasury, 20% of the net revenue
25 realized for the preceding month from the 6.25% general rate
26 on the selling price of tangible personal property, other
27 than tangible personal property which is purchased outside
28 Illinois at retail from a retailer and which is titled or
29 registered by an agency of this State's government.
30 Beginning January 1, 1990, each month the Department
31 shall pay into the Local Government Tax Fund 16% of the net
32 revenue realized for the preceding month from the 6.25%
33 general rate on the selling price of tangible personal
34 property which is purchased outside Illinois at retail from a
-32- LRB9008304MWpc
1 retailer and which is titled or registered by an agency of
2 this State's government.
3 Of the remainder of the moneys received by the Department
4 pursuant to this Act, (a) 1.75% thereof shall be paid into
5 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
6 and on and after July 1, 1989, 3.8% thereof shall be paid
7 into the Build Illinois Fund; provided, however, that if in
8 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
9 as the case may be, of the moneys received by the Department
10 and required to be paid into the Build Illinois Fund pursuant
11 to Section 3 of the Retailers' Occupation Tax Act, Section 9
12 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
13 Section 9 of the Service Occupation Tax Act, such Acts being
14 hereinafter called the "Tax Acts" and such aggregate of 2.2%
15 or 3.8%, as the case may be, of moneys being hereinafter
16 called the "Tax Act Amount", and (2) the amount transferred
17 to the Build Illinois Fund from the State and Local Sales Tax
18 Reform Fund shall be less than the Annual Specified Amount
19 (as defined in Section 3 of the Retailers' Occupation Tax
20 Act), an amount equal to the difference shall be immediately
21 paid into the Build Illinois Fund from other moneys received
22 by the Department pursuant to the Tax Acts; and further
23 provided, that if on the last business day of any month the
24 sum of (1) the Tax Act Amount required to be deposited into
25 the Build Illinois Bond Account in the Build Illinois Fund
26 during such month and (2) the amount transferred during such
27 month to the Build Illinois Fund from the State and Local
28 Sales Tax Reform Fund shall have been less than 1/12 of the
29 Annual Specified Amount, an amount equal to the difference
30 shall be immediately paid into the Build Illinois Fund from
31 other moneys received by the Department pursuant to the Tax
32 Acts; and, further provided, that in no event shall the
33 payments required under the preceding proviso result in
34 aggregate payments into the Build Illinois Fund pursuant to
-33- LRB9008304MWpc
1 this clause (b) for any fiscal year in excess of the greater
2 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
3 for such fiscal year; and, further provided, that the amounts
4 payable into the Build Illinois Fund under this clause (b)
5 shall be payable only until such time as the aggregate amount
6 on deposit under each trust indenture securing Bonds issued
7 and outstanding pursuant to the Build Illinois Bond Act is
8 sufficient, taking into account any future investment income,
9 to fully provide, in accordance with such indenture, for the
10 defeasance of or the payment of the principal of, premium, if
11 any, and interest on the Bonds secured by such indenture and
12 on any Bonds expected to be issued thereafter and all fees
13 and costs payable with respect thereto, all as certified by
14 the Director of the Bureau of the Budget. If on the last
15 business day of any month in which Bonds are outstanding
16 pursuant to the Build Illinois Bond Act, the aggregate of the
17 moneys deposited in the Build Illinois Bond Account in the
18 Build Illinois Fund in such month shall be less than the
19 amount required to be transferred in such month from the
20 Build Illinois Bond Account to the Build Illinois Bond
21 Retirement and Interest Fund pursuant to Section 13 of the
22 Build Illinois Bond Act, an amount equal to such deficiency
23 shall be immediately paid from other moneys received by the
24 Department pursuant to the Tax Acts to the Build Illinois
25 Fund; provided, however, that any amounts paid to the Build
26 Illinois Fund in any fiscal year pursuant to this sentence
27 shall be deemed to constitute payments pursuant to clause (b)
28 of the preceding sentence and shall reduce the amount
29 otherwise payable for such fiscal year pursuant to clause (b)
30 of the preceding sentence. The moneys received by the
31 Department pursuant to this Act and required to be deposited
32 into the Build Illinois Fund are subject to the pledge, claim
33 and charge set forth in Section 12 of the Build Illinois Bond
34 Act.
-34- LRB9008304MWpc
1 Subject to payment of amounts into the Build Illinois
2 Fund as provided in the preceding paragraph or in any
3 amendment thereto hereafter enacted, the following specified
4 monthly installment of the amount requested in the
5 certificate of the Chairman of the Metropolitan Pier and
6 Exposition Authority provided under Section 8.25f of the
7 State Finance Act, but not in excess of the sums designated
8 as "Total Deposit", shall be deposited in the aggregate from
9 collections under Section 9 of the Use Tax Act, Section 9 of
10 the Service Use Tax Act, Section 9 of the Service Occupation
11 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
12 into the McCormick Place Expansion Project Fund in the
13 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 84,000,000
25 2003 89,000,000
26 2004 93,000,000
27 2005 97,000,000
28 2006 102,000,000
29 2007 and 106,000,000
30 each fiscal year
31 thereafter that bonds
32 are outstanding under
33 Section 13.2 of the
34 Metropolitan Pier and
-35- LRB9008304MWpc
1 Exposition Authority
2 Act, but not after fiscal year 2029.
3 Beginning July 20, 1993 and in each month of each fiscal
4 year thereafter, one-eighth of the amount requested in the
5 certificate of the Chairman of the Metropolitan Pier and
6 Exposition Authority for that fiscal year, less the amount
7 deposited into the McCormick Place Expansion Project Fund by
8 the State Treasurer in the respective month under subsection
9 (g) of Section 13 of the Metropolitan Pier and Exposition
10 Authority Act, plus cumulative deficiencies in the deposits
11 required under this Section for previous months and years,
12 shall be deposited into the McCormick Place Expansion Project
13 Fund, until the full amount requested for the fiscal year,
14 but not in excess of the amount specified above as "Total
15 Deposit", has been deposited.
16 Subject to payment of amounts into the Build Illinois
17 Fund and the McCormick Place Expansion Project Fund pursuant
18 to the preceding paragraphs or in any amendment thereto
19 hereafter enacted, each month the Department shall pay into
20 the Local Government Distributive Fund .4% of the net revenue
21 realized for the preceding month from the 5% general rate, or
22 .4% of 80% of the net revenue realized for the preceding
23 month from the 6.25% general rate, as the case may be, on the
24 selling price of tangible personal property which amount
25 shall, subject to appropriation, be distributed as provided
26 in Section 2 of the State Revenue Sharing Act. No payments or
27 distributions pursuant to this paragraph shall be made if the
28 tax imposed by this Act on photoprocessing products is
29 declared unconstitutional, or if the proceeds from such tax
30 are unavailable for distribution because of litigation.
31 Subject to payment of amounts into the Build Illinois
32 Fund, the McCormick Place Expansion Project Fund, and the
33 Local Government Distributive Fund pursuant to the preceding
34 paragraphs or in any amendments thereto hereafter enacted,
-36- LRB9008304MWpc
1 beginning July 1, 1993, the Department shall each month pay
2 into the Illinois Tax Increment Fund 0.27% of 80% of the net
3 revenue realized for the preceding month from the 6.25%
4 general rate on the selling price of tangible personal
5 property.
6 Of the remainder of the moneys received by the Department
7 pursuant to this Act, 75% thereof shall be paid into the
8 State Treasury and 25% shall be reserved in a special account
9 and used only for the transfer to the Common School Fund as
10 part of the monthly transfer from the General Revenue Fund in
11 accordance with Section 8a of the State Finance Act.
12 As soon as possible after the first day of each month,
13 upon certification of the Department of Revenue, the
14 Comptroller shall order transferred and the Treasurer shall
15 transfer from the General Revenue Fund to the Motor Fuel Tax
16 Fund an amount equal to 1.7% of 80% of the net revenue
17 realized under this Act for the second preceding month;
18 except that this transfer shall not be made for the months
19 February through June of 1992.
20 Net revenue realized for a month shall be the revenue
21 collected by the State pursuant to this Act, less the amount
22 paid out during that month as refunds to taxpayers for
23 overpayment of liability.
24 For greater simplicity of administration, manufacturers,
25 importers and wholesalers whose products are sold at retail
26 in Illinois by numerous retailers, and who wish to do so, may
27 assume the responsibility for accounting and paying to the
28 Department all tax accruing under this Act with respect to
29 such sales, if the retailers who are affected do not make
30 written objection to the Department to this arrangement.
31 (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96;
32 90-491, eff. 1-1-99.)
33 Section 15. The Service Use Tax Act is amended by
-37- LRB9008304MWpc
1 changing Section 9 as follows:
2 (35 ILCS 110/9) (from Ch. 120, par. 439.39)
3 Sec. 9. Each serviceman required or authorized to
4 collect the tax herein imposed shall pay to the Department
5 the amount of such tax (except as otherwise provided) at the
6 time when he is required to file his return for the period
7 during which such tax was collected, less a discount of 2.1%
8 prior to January 1, 1990 and 1.75% on and after January 1,
9 1990, or $5 per calendar year, whichever is greater, which is
10 allowed to reimburse the serviceman for expenses incurred in
11 collecting the tax, keeping records, preparing and filing
12 returns, remitting the tax and supplying data to the
13 Department on request. A serviceman need not remit that part
14 of any tax collected by him to the extent that he is required
15 to pay and does pay the tax imposed by the Service Occupation
16 Tax Act with respect to his sale of service involving the
17 incidental transfer by him of the same property.
18 Except as provided hereinafter in this Section, on or
19 before the twentieth day of each calendar month, such
20 serviceman shall file a return for the preceding calendar
21 month in accordance with reasonable Rules and Regulations to
22 be promulgated by the Department. Such return shall be filed
23 on a form prescribed by the Department and shall contain such
24 information as the Department may reasonably require.
25 The Department may require returns to be filed on a
26 quarterly basis. If so required, a return for each calendar
27 quarter shall be filed on or before the twentieth day of the
28 calendar month following the end of such calendar quarter.
29 The taxpayer shall also file a return with the Department for
30 each of the first two months of each calendar quarter, on or
31 before the twentieth day of the following calendar month,
32 stating:
33 1. The name of the seller;
-38- LRB9008304MWpc
1 2. The address of the principal place of business
2 from which he engages in business as a serviceman in this
3 State;
4 3. The total amount of taxable receipts received by
5 him during the preceding calendar month, including
6 receipts from charge and time sales, but less all
7 deductions allowed by law;
8 4. The amount of credit provided in Section 2d of
9 this Act;
10 5. The amount of tax due;
11 5-5. The signature of the taxpayer; and
12 6. Such other reasonable information as the
13 Department may require.
14 If a taxpayer fails to sign a return within 30 days after
15 the proper notice and demand for signature by the Department,
16 the return shall be considered valid and any amount shown to
17 be due on the return shall be deemed assessed.
18 Beginning October 1, 1993, a taxpayer who has an average
19 monthly tax liability of $150,000 or more shall make all
20 payments required by rules of the Department by electronic
21 funds transfer. Beginning October 1, 1994, a taxpayer who
22 has an average monthly tax liability of $100,000 or more
23 shall make all payments required by rules of the Department
24 by electronic funds transfer. Beginning October 1, 1995, a
25 taxpayer who has an average monthly tax liability of $50,000
26 or more shall make all payments required by rules of the
27 Department by electronic funds transfer. The term "average
28 monthly tax liability" means the sum of the taxpayer's
29 liabilities under this Act, and under all other State and
30 local occupation and use tax laws administered by the
31 Department, for the immediately preceding calendar year
32 divided by 12.
33 Before August 1 of each year beginning in 1993, the
34 Department shall notify all taxpayers required to make
-39- LRB9008304MWpc
1 payments by electronic funds transfer. All taxpayers required
2 to make payments by electronic funds transfer shall make
3 those payments for a minimum of one year beginning on October
4 1.
5 Any taxpayer not required to make payments by electronic
6 funds transfer may make payments by electronic funds transfer
7 with the permission of the Department.
8 All taxpayers required to make payment by electronic
9 funds transfer and any taxpayers authorized to voluntarily
10 make payments by electronic funds transfer shall make those
11 payments in the manner authorized by the Department.
12 The Department shall adopt such rules as are necessary to
13 effectuate a program of electronic funds transfer and the
14 requirements of this Section.
15 If the serviceman is otherwise required to file a monthly
16 return and if the serviceman's average monthly tax liability
17 to the Department does not exceed $200, the Department may
18 authorize his returns to be filed on a quarter annual basis,
19 with the return for January, February and March of a given
20 year being due by April 20 of such year; with the return for
21 April, May and June of a given year being due by July 20 of
22 such year; with the return for July, August and September of
23 a given year being due by October 20 of such year, and with
24 the return for October, November and December of a given year
25 being due by January 20 of the following year.
26 If the serviceman is otherwise required to file a monthly
27 or quarterly return and if the serviceman's average monthly
28 tax liability to the Department does not exceed $50, the
29 Department may authorize his returns to be filed on an annual
30 basis, with the return for a given year being due by January
31 20 of the following year.
32 Such quarter annual and annual returns, as to form and
33 substance, shall be subject to the same requirements as
34 monthly returns.
-40- LRB9008304MWpc
1 Notwithstanding any other provision in this Act
2 concerning the time within which a serviceman may file his
3 return, in the case of any serviceman who ceases to engage in
4 a kind of business which makes him responsible for filing
5 returns under this Act, such serviceman shall file a final
6 return under this Act with the Department not more than 1
7 month after discontinuing such business.
8 Where a serviceman collects the tax with respect to the
9 selling price of property which he sells and the purchaser
10 thereafter returns such property and the serviceman refunds
11 the selling price thereof to the purchaser, such serviceman
12 shall also refund, to the purchaser, the tax so collected
13 from the purchaser. When filing his return for the period in
14 which he refunds such tax to the purchaser, the serviceman
15 may deduct the amount of the tax so refunded by him to the
16 purchaser from any other Service Use Tax, Service Occupation
17 Tax, retailers' occupation tax or use tax which such
18 serviceman may be required to pay or remit to the Department,
19 as shown by such return, provided that the amount of the tax
20 to be deducted shall previously have been remitted to the
21 Department by such serviceman. If the serviceman shall not
22 previously have remitted the amount of such tax to the
23 Department, he shall be entitled to no deduction hereunder
24 upon refunding such tax to the purchaser.
25 Any serviceman filing a return hereunder shall also
26 include the total tax upon the selling price of tangible
27 personal property purchased for use by him as an incident to
28 a sale of service, and such serviceman shall remit the amount
29 of such tax to the Department when filing such return.
30 If experience indicates such action to be practicable,
31 the Department may prescribe and furnish a combination or
32 joint return which will enable servicemen, who are required
33 to file returns hereunder and also under the Service
34 Occupation Tax Act, to furnish all the return information
-41- LRB9008304MWpc
1 required by both Acts on the one form.
2 Where the serviceman has more than one business
3 registered with the Department under separate registration
4 hereunder, such serviceman shall not file each return that is
5 due as a single return covering all such registered
6 businesses, but shall file separate returns for each such
7 registered business.
8 Beginning January 1, 1990, each month the Department
9 shall pay into the State and Local Tax Reform Fund, a special
10 fund in the State Treasury, the net revenue realized for the
11 preceding month from the 1% tax on sales of food for human
12 consumption which is to be consumed off the premises where it
13 is sold (other than alcoholic beverages, soft drinks and food
14 which has been prepared for immediate consumption) and
15 prescription and nonprescription medicines, drugs, medical
16 appliances and insulin, urine testing materials, syringes and
17 needles used by diabetics.
18 Beginning January 1, 1990, each month the Department
19 shall pay into the State and Local Sales Tax Reform Fund 20%
20 of the net revenue realized for the preceding month from the
21 6.25% general rate on transfers of tangible personal
22 property, other than tangible personal property which is
23 purchased outside Illinois at retail from a retailer and
24 which is titled or registered by an agency of this State's
25 government.
26 Of the remainder of the moneys received by the Department
27 pursuant to this Act, (a) 1.75% thereof shall be paid into
28 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
29 and on and after July 1, 1989, 3.8% thereof shall be paid
30 into the Build Illinois Fund; provided, however, that if in
31 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
32 as the case may be, of the moneys received by the Department
33 and required to be paid into the Build Illinois Fund pursuant
34 to Section 3 of the Retailers' Occupation Tax Act, Section 9
-42- LRB9008304MWpc
1 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
2 Section 9 of the Service Occupation Tax Act, such Acts being
3 hereinafter called the "Tax Acts" and such aggregate of 2.2%
4 or 3.8%, as the case may be, of moneys being hereinafter
5 called the "Tax Act Amount", and (2) the amount transferred
6 to the Build Illinois Fund from the State and Local Sales Tax
7 Reform Fund shall be less than the Annual Specified Amount
8 (as defined in Section 3 of the Retailers' Occupation Tax
9 Act), an amount equal to the difference shall be immediately
10 paid into the Build Illinois Fund from other moneys received
11 by the Department pursuant to the Tax Acts; and further
12 provided, that if on the last business day of any month the
13 sum of (1) the Tax Act Amount required to be deposited into
14 the Build Illinois Bond Account in the Build Illinois Fund
15 during such month and (2) the amount transferred during such
16 month to the Build Illinois Fund from the State and Local
17 Sales Tax Reform Fund shall have been less than 1/12 of the
18 Annual Specified Amount, an amount equal to the difference
19 shall be immediately paid into the Build Illinois Fund from
20 other moneys received by the Department pursuant to the Tax
21 Acts; and, further provided, that in no event shall the
22 payments required under the preceding proviso result in
23 aggregate payments into the Build Illinois Fund pursuant to
24 this clause (b) for any fiscal year in excess of the greater
25 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
26 for such fiscal year; and, further provided, that the amounts
27 payable into the Build Illinois Fund under this clause (b)
28 shall be payable only until such time as the aggregate amount
29 on deposit under each trust indenture securing Bonds issued
30 and outstanding pursuant to the Build Illinois Bond Act is
31 sufficient, taking into account any future investment income,
32 to fully provide, in accordance with such indenture, for the
33 defeasance of or the payment of the principal of, premium, if
34 any, and interest on the Bonds secured by such indenture and
-43- LRB9008304MWpc
1 on any Bonds expected to be issued thereafter and all fees
2 and costs payable with respect thereto, all as certified by
3 the Director of the Bureau of the Budget. If on the last
4 business day of any month in which Bonds are outstanding
5 pursuant to the Build Illinois Bond Act, the aggregate of the
6 moneys deposited in the Build Illinois Bond Account in the
7 Build Illinois Fund in such month shall be less than the
8 amount required to be transferred in such month from the
9 Build Illinois Bond Account to the Build Illinois Bond
10 Retirement and Interest Fund pursuant to Section 13 of the
11 Build Illinois Bond Act, an amount equal to such deficiency
12 shall be immediately paid from other moneys received by the
13 Department pursuant to the Tax Acts to the Build Illinois
14 Fund; provided, however, that any amounts paid to the Build
15 Illinois Fund in any fiscal year pursuant to this sentence
16 shall be deemed to constitute payments pursuant to clause (b)
17 of the preceding sentence and shall reduce the amount
18 otherwise payable for such fiscal year pursuant to clause (b)
19 of the preceding sentence. The moneys received by the
20 Department pursuant to this Act and required to be deposited
21 into the Build Illinois Fund are subject to the pledge, claim
22 and charge set forth in Section 12 of the Build Illinois Bond
23 Act.
24 Subject to payment of amounts into the Build Illinois
25 Fund as provided in the preceding paragraph or in any
26 amendment thereto hereafter enacted, the following specified
27 monthly installment of the amount requested in the
28 certificate of the Chairman of the Metropolitan Pier and
29 Exposition Authority provided under Section 8.25f of the
30 State Finance Act, but not in excess of the sums designated
31 as "Total Deposit", shall be deposited in the aggregate from
32 collections under Section 9 of the Use Tax Act, Section 9 of
33 the Service Use Tax Act, Section 9 of the Service Occupation
34 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
-44- LRB9008304MWpc
1 into the McCormick Place Expansion Project Fund in the
2 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 84,000,000
14 2003 89,000,000
15 2004 93,000,000
16 2005 97,000,000
17 2006 102,000,000
18 2007 and 106,000,000
19 each fiscal year
20 thereafter that bonds
21 are outstanding under
22 Section 13.2 of the
23 Metropolitan Pier and
24 Exposition Authority Act,
25 but not after fiscal year 2029.
26 Beginning July 20, 1993 and in each month of each fiscal
27 year thereafter, one-eighth of the amount requested in the
28 certificate of the Chairman of the Metropolitan Pier and
29 Exposition Authority for that fiscal year, less the amount
30 deposited into the McCormick Place Expansion Project Fund by
31 the State Treasurer in the respective month under subsection
32 (g) of Section 13 of the Metropolitan Pier and Exposition
33 Authority Act, plus cumulative deficiencies in the deposits
34 required under this Section for previous months and years,
-45- LRB9008304MWpc
1 shall be deposited into the McCormick Place Expansion Project
2 Fund, until the full amount requested for the fiscal year,
3 but not in excess of the amount specified above as "Total
4 Deposit", has been deposited.
5 Subject to payment of amounts into the Build Illinois
6 Fund and the McCormick Place Expansion Project Fund pursuant
7 to the preceding paragraphs or in any amendment thereto
8 hereafter enacted, each month the Department shall pay into
9 the Local Government Distributive Fund 0.4% of the net
10 revenue realized for the preceding month from the 5% general
11 rate or 0.4% of 80% of the net revenue realized for the
12 preceding month from the 6.25% general rate, as the case may
13 be, on the selling price of tangible personal property which
14 amount shall, subject to appropriation, be distributed as
15 provided in Section 2 of the State Revenue Sharing Act. No
16 payments or distributions pursuant to this paragraph shall be
17 made if the tax imposed by this Act on photo processing
18 products is declared unconstitutional, or if the proceeds
19 from such tax are unavailable for distribution because of
20 litigation.
21 Subject to payment of amounts into the Build Illinois
22 Fund, the McCormick Place Expansion Project Fund, and the
23 Local Government Distributive Fund pursuant to the preceding
24 paragraphs or in any amendments thereto hereafter enacted,
25 beginning July 1, 1993, the Department shall each month pay
26 into the Illinois Tax Increment Fund 0.27% of 80% of the net
27 revenue realized for the preceding month from the 6.25%
28 general rate on the selling price of tangible personal
29 property.
30 All remaining moneys received by the Department pursuant
31 to this Act shall be paid into the General Revenue Fund of
32 the State Treasury.
33 As soon as possible after the first day of each month,
34 upon certification of the Department of Revenue, the
-46- LRB9008304MWpc
1 Comptroller shall order transferred and the Treasurer shall
2 transfer from the General Revenue Fund to the Motor Fuel Tax
3 Fund an amount equal to 1.7% of 80% of the net revenue
4 realized under this Act for the second preceding month;
5 except that this transfer shall not be made for the months
6 February through June, 1992.
7 Net revenue realized for a month shall be the revenue
8 collected by the State pursuant to this Act, less the amount
9 paid out during that month as refunds to taxpayers for
10 overpayment of liability.
11 (Source: P.A. 88-45; 88-116; 88-669, eff. 11-29-94; 89-379,
12 eff. 1-1-96.)
13 Section 20. The Service Occupation Tax Act is amended by
14 changing Section 9 as follows:
15 (35 ILCS 115/9) (from Ch. 120, par. 439.109)
16 Sec. 9. Each serviceman required or authorized to
17 collect the tax herein imposed shall pay to the Department
18 the amount of such tax at the time when he is required to
19 file his return for the period during which such tax was
20 collectible, less a discount of 2.1% prior to January 1,
21 1990, and 1.75% on and after January 1, 1990, or $5 per
22 calendar year, whichever is greater, which is allowed to
23 reimburse the serviceman for expenses incurred in collecting
24 the tax, keeping records, preparing and filing returns,
25 remitting the tax and supplying data to the Department on
26 request.
27 Where such tangible personal property is sold under a
28 conditional sales contract, or under any other form of sale
29 wherein the payment of the principal sum, or a part thereof,
30 is extended beyond the close of the period for which the
31 return is filed, the serviceman, in collecting the tax may
32 collect, for each tax return period, only the tax applicable
-47- LRB9008304MWpc
1 to the part of the selling price actually received during
2 such tax return period.
3 Except as provided hereinafter in this Section, on or
4 before the twentieth day of each calendar month, such
5 serviceman shall file a return for the preceding calendar
6 month in accordance with reasonable rules and regulations to
7 be promulgated by the Department of Revenue. Such return
8 shall be filed on a form prescribed by the Department and
9 shall contain such information as the Department may
10 reasonably require.
11 The Department may require returns to be filed on a
12 quarterly basis. If so required, a return for each calendar
13 quarter shall be filed on or before the twentieth day of the
14 calendar month following the end of such calendar quarter.
15 The taxpayer shall also file a return with the Department for
16 each of the first two months of each calendar quarter, on or
17 before the twentieth day of the following calendar month,
18 stating:
19 1. The name of the seller;
20 2. The address of the principal place of business
21 from which he engages in business as a serviceman in this
22 State;
23 3. The total amount of taxable receipts received by
24 him during the preceding calendar month, including
25 receipts from charge and time sales, but less all
26 deductions allowed by law;
27 4. The amount of credit provided in Section 2d of
28 this Act;
29 5. The amount of tax due;
30 5-5. The signature of the taxpayer; and
31 6. Such other reasonable information as the
32 Department may require.
33 If a taxpayer fails to sign a return within 30 days after
34 the proper notice and demand for signature by the Department,
-48- LRB9008304MWpc
1 the return shall be considered valid and any amount shown to
2 be due on the return shall be deemed assessed.
3 A serviceman may accept a Manufacturer's Purchase Credit
4 certification from a purchaser in satisfaction of Service Use
5 Tax as provided in Section 3-70 of the Service Use Tax Act if
6 the purchaser provides the appropriate documentation as
7 required by Section 3-70 of the Service Use Tax Act. A
8 Manufacturer's Purchase Credit certification, accepted by a
9 serviceman as provided in Section 3-70 of the Service Use Tax
10 Act, may be used by that serviceman to satisfy Service
11 Occupation Tax liability in the amount claimed in the
12 certification, not to exceed 6.25% of the receipts subject to
13 tax from a qualifying purchase.
14 If the serviceman's average monthly tax liability to the
15 Department does not exceed $200, the Department may authorize
16 his returns to be filed on a quarter annual basis, with the
17 return for January, February and March of a given year being
18 due by April 20 of such year; with the return for April, May
19 and June of a given year being due by July 20 of such year;
20 with the return for July, August and September of a given
21 year being due by October 20 of such year, and with the
22 return for October, November and December of a given year
23 being due by January 20 of the following year.
24 If the serviceman's average monthly tax liability to the
25 Department does not exceed $50, the Department may authorize
26 his returns to be filed on an annual basis, with the return
27 for a given year being due by January 20 of the following
28 year.
29 Such quarter annual and annual returns, as to form and
30 substance, shall be subject to the same requirements as
31 monthly returns.
32 Notwithstanding any other provision in this Act
33 concerning the time within which a serviceman may file his
34 return, in the case of any serviceman who ceases to engage in
-49- LRB9008304MWpc
1 a kind of business which makes him responsible for filing
2 returns under this Act, such serviceman shall file a final
3 return under this Act with the Department not more than 1
4 month after discontinuing such business.
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
9 has an average monthly tax liability of $100,000 or more
10 shall make all payments required by rules of the Department
11 by electronic funds transfer. Beginning October 1, 1995, a
12 taxpayer who has an average monthly tax liability of $50,000
13 or more shall make all payments required by rules of the
14 Department by electronic funds transfer. The term "average
15 monthly tax liability" means the sum of the taxpayer's
16 liabilities under this Act, and under all other State and
17 local occupation and use tax laws administered by the
18 Department, for the immediately preceding calendar year
19 divided by 12.
20 Before August 1 of each year beginning in 1993, the
21 Department shall notify all taxpayers required to make
22 payments by electronic funds transfer. All taxpayers
23 required to make payments by electronic funds transfer shall
24 make those payments for a minimum of one year beginning on
25 October 1.
26 Any taxpayer not required to make payments by electronic
27 funds transfer may make payments by electronic funds transfer
28 with the permission of the Department.
29 All taxpayers required to make payment by electronic
30 funds transfer and any taxpayers authorized to voluntarily
31 make payments by electronic funds transfer shall make those
32 payments in the manner authorized by the Department.
33 The Department shall adopt such rules as are necessary to
34 effectuate a program of electronic funds transfer and the
-50- LRB9008304MWpc
1 requirements of this Section.
2 Where a serviceman collects the tax with respect to the
3 selling price of tangible personal property which he sells
4 and the purchaser thereafter returns such tangible personal
5 property and the serviceman refunds the selling price thereof
6 to the purchaser, such serviceman shall also refund, to the
7 purchaser, the tax so collected from the purchaser. When
8 filing his return for the period in which he refunds such tax
9 to the purchaser, the serviceman may deduct the amount of the
10 tax so refunded by him to the purchaser from any other
11 Service Occupation Tax, Service Use Tax, Retailers'
12 Occupation Tax or Use Tax which such serviceman may be
13 required to pay or remit to the Department, as shown by such
14 return, provided that the amount of the tax to be deducted
15 shall previously have been remitted to the Department by such
16 serviceman. If the serviceman shall not previously have
17 remitted the amount of such tax to the Department, he shall
18 be entitled to no deduction hereunder upon refunding such tax
19 to the purchaser.
20 If experience indicates such action to be practicable,
21 the Department may prescribe and furnish a combination or
22 joint return which will enable servicemen, who are required
23 to file returns hereunder and also under the Retailers'
24 Occupation Tax Act, the Use Tax Act or the Service Use Tax
25 Act, to furnish all the return information required by all
26 said Acts on the one form.
27 Where the serviceman has more than one business
28 registered with the Department under separate registrations
29 hereunder, such serviceman shall file separate returns for
30 each registered business.
31 Beginning January 1, 1990, each month the Department
32 shall pay into the Local Government Tax Fund the revenue
33 realized for the preceding month from the 1% tax on sales of
34 food for human consumption which is to be consumed off the
-51- LRB9008304MWpc
1 premises where it is sold (other than alcoholic beverages,
2 soft drinks and food which has been prepared for immediate
3 consumption) and prescription and nonprescription medicines,
4 drugs, medical appliances and insulin, urine testing
5 materials, syringes and needles used by diabetics.
6 Beginning January 1, 1990, each month the Department
7 shall pay into the County and Mass Transit District Fund 4%
8 of the revenue realized for the preceding month from the
9 6.25% general rate.
10 Beginning January 1, 1990, each month the Department
11 shall pay into the Local Government Tax Fund 16% of the
12 revenue realized for the preceding month from the 6.25%
13 general rate on transfers of tangible personal property.
14 Of the remainder of the moneys received by the Department
15 pursuant to this Act, (a) 1.75% thereof shall be paid into
16 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
17 and on and after July 1, 1989, 3.8% thereof shall be paid
18 into the Build Illinois Fund; provided, however, that if in
19 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
20 as the case may be, of the moneys received by the Department
21 and required to be paid into the Build Illinois Fund pursuant
22 to Section 3 of the Retailers' Occupation Tax Act, Section 9
23 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
24 Section 9 of the Service Occupation Tax Act, such Acts being
25 hereinafter called the "Tax Acts" and such aggregate of 2.2%
26 or 3.8%, as the case may be, of moneys being hereinafter
27 called the "Tax Act Amount", and (2) the amount transferred
28 to the Build Illinois Fund from the State and Local Sales Tax
29 Reform Fund shall be less than the Annual Specified Amount
30 (as defined in Section 3 of the Retailers' Occupation Tax
31 Act), an amount equal to the difference shall be immediately
32 paid into the Build Illinois Fund from other moneys received
33 by the Department pursuant to the Tax Acts; and further
34 provided, that if on the last business day of any month the
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1 sum of (1) the Tax Act Amount required to be deposited into
2 the Build Illinois Account in the Build Illinois Fund during
3 such month and (2) the amount transferred during such month
4 to the Build Illinois Fund from the State and Local Sales Tax
5 Reform Fund shall have been less than 1/12 of the Annual
6 Specified Amount, an amount equal to the difference shall be
7 immediately paid into the Build Illinois Fund from other
8 moneys received by the Department pursuant to the Tax Acts;
9 and, further provided, that in no event shall the payments
10 required under the preceding proviso result in aggregate
11 payments into the Build Illinois Fund pursuant to this clause
12 (b) for any fiscal year in excess of the greater of (i) the
13 Tax Act Amount or (ii) the Annual Specified Amount for such
14 fiscal year; and, further provided, that the amounts payable
15 into the Build Illinois Fund under this clause (b) shall be
16 payable only until such time as the aggregate amount on
17 deposit under each trust indenture securing Bonds issued and
18 outstanding pursuant to the Build Illinois Bond Act is
19 sufficient, taking into account any future investment income,
20 to fully provide, in accordance with such indenture, for the
21 defeasance of or the payment of the principal of, premium, if
22 any, and interest on the Bonds secured by such indenture and
23 on any Bonds expected to be issued thereafter and all fees
24 and costs payable with respect thereto, all as certified by
25 the Director of the Bureau of the Budget. If on the last
26 business day of any month in which Bonds are outstanding
27 pursuant to the Build Illinois Bond Act, the aggregate of the
28 moneys deposited in the Build Illinois Bond Account in the
29 Build Illinois Fund in such month shall be less than the
30 amount required to be transferred in such month from the
31 Build Illinois Bond Account to the Build Illinois Bond
32 Retirement and Interest Fund pursuant to Section 13 of the
33 Build Illinois Bond Act, an amount equal to such deficiency
34 shall be immediately paid from other moneys received by the
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1 Department pursuant to the Tax Acts to the Build Illinois
2 Fund; provided, however, that any amounts paid to the Build
3 Illinois Fund in any fiscal year pursuant to this sentence
4 shall be deemed to constitute payments pursuant to clause (b)
5 of the preceding sentence and shall reduce the amount
6 otherwise payable for such fiscal year pursuant to clause (b)
7 of the preceding sentence. The moneys received by the
8 Department pursuant to this Act and required to be deposited
9 into the Build Illinois Fund are subject to the pledge, claim
10 and charge set forth in Section 12 of the Build Illinois Bond
11 Act.
12 Subject to payment of amounts into the Build Illinois
13 Fund as provided in the preceding paragraph or in any
14 amendment thereto hereafter enacted, the following specified
15 monthly installment of the amount requested in the
16 certificate of the Chairman of the Metropolitan Pier and
17 Exposition Authority provided under Section 8.25f of the
18 State Finance Act, but not in excess of the sums designated
19 as "Total Deposit", shall be deposited in the aggregate from
20 collections under Section 9 of the Use Tax Act, Section 9 of
21 the Service Use Tax Act, Section 9 of the Service Occupation
22 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
23 into the McCormick Place Expansion Project Fund in the
24 specified fiscal years.
25 Fiscal Year Total Deposit
26 1993 $0
27 1994 53,000,000
28 1995 58,000,000
29 1996 61,000,000
30 1997 64,000,000
31 1998 68,000,000
32 1999 71,000,000
33 2000 75,000,000
34 2001 80,000,000
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1 2002 84,000,000
2 2003 89,000,000
3 2004 93,000,000
4 2005 97,000,000
5 2006 102,000,000
6 2007 and 106,000,000
7 each fiscal year
8 thereafter that bonds
9 are outstanding under
10 Section 13.2 of the
11 Metropolitan Pier and
12 Exposition Authority
13 Act, but not after fiscal year 2029.
14 Beginning July 20, 1993 and in each month of each fiscal
15 year thereafter, one-eighth of the amount requested in the
16 certificate of the Chairman of the Metropolitan Pier and
17 Exposition Authority for that fiscal year, less the amount
18 deposited into the McCormick Place Expansion Project Fund by
19 the State Treasurer in the respective month under subsection
20 (g) of Section 13 of the Metropolitan Pier and Exposition
21 Authority Act, plus cumulative deficiencies in the deposits
22 required under this Section for previous months and years,
23 shall be deposited into the McCormick Place Expansion Project
24 Fund, until the full amount requested for the fiscal year,
25 but not in excess of the amount specified above as "Total
26 Deposit", has been deposited.
27 Subject to payment of amounts into the Build Illinois
28 Fund and the McCormick Place Expansion Project Fund pursuant
29 to the preceding paragraphs or in any amendment thereto
30 hereafter enacted, each month the Department shall pay into
31 the Local Government Distributive Fund 0.4% of the net
32 revenue realized for the preceding month from the 5% general
33 rate or 0.4% of 80% of the net revenue realized for the
34 preceding month from the 6.25% general rate, as the case may
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1 be, on the selling price of tangible personal property which
2 amount shall, subject to appropriation, be distributed as
3 provided in Section 2 of the State Revenue Sharing Act. No
4 payments or distributions pursuant to this paragraph shall be
5 made if the tax imposed by this Act on photoprocessing
6 products is declared unconstitutional, or if the proceeds
7 from such tax are unavailable for distribution because of
8 litigation.
9 Subject to payment of amounts into the Build Illinois
10 Fund, the McCormick Place Expansion Project Fund, and the
11 Local Government Distributive Fund pursuant to the preceding
12 paragraphs or in any amendments thereto hereafter enacted,
13 beginning July 1, 1993, the Department shall each month pay
14 into the Illinois Tax Increment Fund 0.27% of 80% of the net
15 revenue realized for the preceding month from the 6.25%
16 general rate on the selling price of tangible personal
17 property.
18 Remaining moneys received by the Department pursuant to
19 this Act shall be paid into the General Revenue Fund of the
20 State Treasury.
21 The Department may, upon separate written notice to a
22 taxpayer, require the taxpayer to prepare and file with the
23 Department on a form prescribed by the Department within not
24 less than 60 days after receipt of the notice an annual
25 information return for the tax year specified in the notice.
26 Such annual return to the Department shall include a
27 statement of gross receipts as shown by the taxpayer's last
28 Federal income tax return. If the total receipts of the
29 business as reported in the Federal income tax return do not
30 agree with the gross receipts reported to the Department of
31 Revenue for the same period, the taxpayer shall attach to his
32 annual return a schedule showing a reconciliation of the 2
33 amounts and the reasons for the difference. The taxpayer's
34 annual return to the Department shall also disclose the cost
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1 of goods sold by the taxpayer during the year covered by such
2 return, opening and closing inventories of such goods for
3 such year, cost of goods used from stock or taken from stock
4 and given away by the taxpayer during such year, pay roll
5 information of the taxpayer's business during such year and
6 any additional reasonable information which the Department
7 deems would be helpful in determining the accuracy of the
8 monthly, quarterly or annual returns filed by such taxpayer
9 as hereinbefore 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
12 liable as follows:
13 (i) Until January 1, 1994, the taxpayer shall be
14 liable for a penalty equal to 1/6 of 1% of the tax due
15 from such taxpayer under this Act during the period to be
16 covered by the annual return for each month or fraction
17 of a month until such return is filed as required, the
18 penalty to be assessed and collected in the same manner
19 as any other penalty provided for in this Act.
20 (ii) On and after January 1, 1994, the taxpayer
21 shall be liable for a penalty as described in Section 3-4
22 of the 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
26 who willfully signs the annual return containing false or
27 inaccurate information shall be guilty of perjury and
28 punished accordingly. The annual return form prescribed by
29 the Department shall include a warning that the person
30 signing the return may be liable for perjury.
31 The foregoing portion of this Section concerning the
32 filing of an annual information return shall not apply to a
33 serviceman who is not required to file an income tax return
34 with the United States Government.
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1 As soon as possible after the first day of each month,
2 upon certification of the Department of Revenue, the
3 Comptroller shall order transferred and the Treasurer shall
4 transfer from the General Revenue Fund to the Motor Fuel Tax
5 Fund an amount equal to 1.7% of 80% of the net revenue
6 realized under this Act for the second preceding month;
7 except that this transfer shall not be made for the months
8 February through June, 1992.
9 Net revenue realized for a month shall be the revenue
10 collected by the State pursuant to this Act, less the amount
11 paid out during that month as refunds to taxpayers for
12 overpayment of liability.
13 For greater simplicity of administration, it shall be
14 permissible for manufacturers, importers and wholesalers
15 whose products are sold by numerous servicemen in Illinois,
16 and who wish to do so, to assume the responsibility for
17 accounting and paying to the Department all tax accruing
18 under this Act with respect to such sales, if the servicemen
19 who are affected do not make written objection to the
20 Department to this arrangement.
21 (Source: P.A. 88-45; 88-116; 88-547, eff. 6-30-94; 88-669,
22 eff. 11-29-94; 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
23 89-379, eff. 1-1-96; 89-626, eff. 8-9-96.)
24 Section 25. The Retailers' Occupation Tax Act is amended
25 by changing Section 3 as follows:
26 (35 ILCS 120/3) (from Ch. 120, par. 442)
27 (Text of Section before amendment by P.A. 90-491)
28 Sec. 3. Except as provided in this Section, on or before
29 the twentieth day of each calendar month, every person
30 engaged in the business of selling tangible personal property
31 at retail in this State during the preceding calendar month
32 shall file a return with the Department, stating:
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1 1. The name of the seller;
2 2. His residence address and the address of his
3 principal place of business and the address of the
4 principal place of business (if that is a different
5 address) from which he engages in the business of selling
6 tangible personal property at retail in this State;
7 3. Total amount of receipts received by him during
8 the preceding calendar month or quarter, as the case may
9 be, from sales of tangible personal property, and from
10 services furnished, by him during such preceding calendar
11 month or quarter;
12 4. Total amount received by him during the
13 preceding calendar month or quarter on charge and time
14 sales of tangible personal property, and from services
15 furnished, by him prior to the month or quarter for which
16 the return is filed;
17 5. Deductions allowed by law;
18 6. Gross receipts which were received by him during
19 the preceding calendar month or quarter and upon the
20 basis of which the tax is imposed;
21 7. The amount of credit provided in Section 2d of
22 this Act;
23 8. The amount of tax due;
24 9. The signature of the taxpayer; and
25 10. Such other reasonable information as the
26 Department may require.
27 If a taxpayer fails to sign a return within 30 days after
28 the proper notice and demand for signature by the Department,
29 the return shall be considered valid and any amount shown to
30 be due on the return shall be deemed assessed.
31 Each return shall be accompanied by the statement of
32 prepaid tax issued pursuant to Section 2e for which credit is
33 claimed.
34 A retailer may accept a Manufacturer's Purchase Credit
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1 certification from a purchaser in satisfaction of Use Tax as
2 provided in Section 3-85 of the Use Tax Act if the purchaser
3 provides the appropriate documentation as required by Section
4 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
5 certification, accepted by a retailer as provided in Section
6 3-85 of the Use Tax Act, may be used by that retailer to
7 satisfy Retailers' Occupation Tax liability in the amount
8 claimed in the certification, not to exceed 6.25% of the
9 receipts subject to tax from a qualifying purchase.
10 The Department may require returns to be filed on a
11 quarterly basis. If so required, a return for each calendar
12 quarter shall be filed on or before the twentieth day of the
13 calendar month following the end of such calendar quarter.
14 The taxpayer shall also file a return with the Department for
15 each of the first two months of each calendar quarter, on or
16 before the twentieth day of the following calendar month,
17 stating:
18 1. The name of the seller;
19 2. The address of the principal place of business
20 from which he engages in the business of selling tangible
21 personal property at retail in this State;
22 3. The total amount of taxable receipts received by
23 him during the preceding calendar month from sales of
24 tangible personal property by him during such preceding
25 calendar month, including receipts from charge and time
26 sales, but less all deductions allowed by law;
27 4. The amount of credit provided in Section 2d of
28 this Act;
29 5. The amount of tax due; and
30 6. Such other reasonable information as the
31 Department may require.
32 If a total amount of less than $1 is payable, refundable
33 or creditable, such amount shall be disregarded if it is less
34 than 50 cents and shall be increased to $1 if it is 50 cents
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1 or more.
2 Beginning October 1, 1993, a taxpayer who has an average
3 monthly tax liability of $150,000 or more shall make all
4 payments required by rules of the Department by electronic
5 funds transfer. Beginning October 1, 1994, a taxpayer who
6 has an average monthly tax liability of $100,000 or more
7 shall make all payments required by rules of the Department
8 by electronic funds transfer. Beginning October 1, 1995, a
9 taxpayer who has an average monthly tax liability of $50,000
10 or more shall make all payments required by rules of the
11 Department by electronic funds transfer. The term "average
12 monthly tax liability" shall be the sum of the taxpayer's
13 liabilities under this Act, and under all other State and
14 local occupation and use tax laws administered by the
15 Department, for the immediately preceding calendar year
16 divided by 12.
17 Before August 1 of each year beginning in 1993, the
18 Department shall notify all taxpayers required to make
19 payments by electronic funds transfer. All taxpayers
20 required to make payments by electronic funds transfer shall
21 make those payments for a minimum of one year beginning on
22 October 1.
23 Any taxpayer not required to make payments by electronic
24 funds transfer may make payments by electronic funds transfer
25 with the permission of the Department.
26 All taxpayers required to make payment by electronic
27 funds transfer and any taxpayers authorized to voluntarily
28 make payments by electronic funds transfer shall make those
29 payments in the manner authorized by the Department.
30 The Department shall adopt such rules as are necessary to
31 effectuate a program of electronic funds transfer and the
32 requirements of this Section.
33 Any amount which is required to be shown or reported on
34 any return or other document under this Act shall, if such
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1 amount is not a whole-dollar amount, be increased to the
2 nearest whole-dollar amount in any case where the fractional
3 part of a dollar is 50 cents or more, and decreased to the
4 nearest whole-dollar amount where the fractional part of a
5 dollar is less than 50 cents.
6 If the retailer is otherwise required to file a monthly
7 return and if the retailer's average monthly tax liability to
8 the Department does not exceed $200, the Department may
9 authorize his returns to be filed on a quarter annual basis,
10 with the return for January, February and March of a given
11 year being due by April 20 of such year; with the return for
12 April, May and June of a given year being due by July 20 of
13 such year; with the return for July, August and September of
14 a given year being due by October 20 of such year, and with
15 the return for October, November and December of a given year
16 being due by January 20 of the following year.
17 If the retailer is otherwise required to file a monthly
18 or quarterly return and if the retailer's average monthly tax
19 liability with the Department does not exceed $50, the
20 Department may authorize his returns to be filed on an annual
21 basis, with the return for a given year being due by January
22 20 of the following year.
23 Such quarter annual and annual returns, as to form and
24 substance, shall be subject to the same requirements as
25 monthly returns.
26 Notwithstanding any other provision in this Act
27 concerning the time within which a retailer may file his
28 return, in the case of any retailer who ceases to engage in a
29 kind of business which makes him responsible for filing
30 returns under this Act, such retailer shall file a final
31 return under this Act with the Department not more than one
32 month after discontinuing such business.
33 Where the same person has more than one business
34 registered with the Department under separate registrations
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1 under this Act, such person may not file each return that is
2 due as a single return covering all such registered
3 businesses, but shall file separate returns for each such
4 registered business.
5 In addition, with respect to motor vehicles, watercraft,
6 aircraft, and trailers that are required to be registered
7 with an agency of this State, every retailer selling this
8 kind of tangible personal property shall file, with the
9 Department, upon a form to be prescribed and supplied by the
10 Department, a separate return for each such item of tangible
11 personal property which the retailer sells, except that
12 where, in the same transaction, a retailer of aircraft,
13 watercraft, motor vehicles or trailers transfers more than
14 one aircraft, watercraft, motor vehicle or trailer to another
15 aircraft, watercraft, motor vehicle retailer or trailer
16 retailer for the purpose of resale, that seller for resale
17 may report the transfer of all aircraft, watercraft, motor
18 vehicles or trailers involved in that transaction to the
19 Department on the same uniform invoice-transaction reporting
20 return form. For purposes of this Section, "watercraft"
21 means a Class 2, Class 3, or Class 4 watercraft as defined in
22 Section 3-2 of the Boat Registration and Safety Act, a
23 personal watercraft, or any boat equipped with an inboard
24 motor.
25 Any retailer who sells only motor vehicles, watercraft,
26 aircraft, or trailers that are required to be registered with
27 an agency of this State, so that all retailers' occupation
28 tax liability is required to be reported, and is reported, on
29 such transaction reporting returns and who is not otherwise
30 required to file monthly or quarterly returns, need not file
31 monthly or quarterly returns. However, those retailers shall
32 be required to file returns on an annual basis.
33 The transaction reporting return, in the case of motor
34 vehicles or trailers that are required to be registered with
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1 an agency of this State, shall be the same document as the
2 Uniform Invoice referred to in Section 5-402 of The Illinois
3 Vehicle Code and must show the name and address of the
4 seller; the name and address of the purchaser; the amount of
5 the selling price including the amount allowed by the
6 retailer for traded-in property, if any; the amount allowed
7 by the retailer for the traded-in tangible personal property,
8 if any, to the extent to which Section 1 of this Act allows
9 an exemption for the value of traded-in property; the balance
10 payable after deducting such trade-in allowance from the
11 total selling price; the amount of tax due from the retailer
12 with respect to such transaction; the amount of tax collected
13 from the purchaser by the retailer on such transaction (or
14 satisfactory evidence that such tax is not due in that
15 particular instance, if that is claimed to be the fact); the
16 place and date of the sale; a sufficient identification of
17 the property sold; such other information as is required in
18 Section 5-402 of The Illinois Vehicle Code, and such other
19 information as the Department may reasonably require.
20 The transaction reporting return in the case of
21 watercraft or aircraft must show the name and address of the
22 seller; the name and address of the purchaser; the amount of
23 the selling price including the amount allowed by the
24 retailer for traded-in property, if any; the amount allowed
25 by the retailer for the traded-in tangible personal property,
26 if any, to the extent to which Section 1 of this Act allows
27 an exemption for the value of traded-in property; the balance
28 payable after deducting such trade-in allowance from the
29 total selling price; the amount of tax due from the retailer
30 with respect to such transaction; the amount of tax collected
31 from the purchaser by the retailer on such transaction (or
32 satisfactory evidence that such tax is not due in that
33 particular instance, if that is claimed to be the fact); the
34 place and date of the sale, a sufficient identification of
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1 the property sold, and such other information as the
2 Department may reasonably require.
3 Such transaction reporting return shall be filed not
4 later than 20 days after the day of delivery of the item that
5 is being sold, but may be filed by the retailer at any time
6 sooner than that if he chooses to do so. The transaction
7 reporting return and tax remittance or proof of exemption
8 from the Illinois use tax may be transmitted to the
9 Department by way of the State agency with which, or State
10 officer with whom the tangible personal property must be
11 titled or registered (if titling or registration is required)
12 if the Department and such agency or State officer determine
13 that this procedure will expedite the processing of
14 applications for title or registration.
15 With each such transaction reporting return, the retailer
16 shall remit the proper amount of tax due (or shall submit
17 satisfactory evidence that the sale is not taxable if that is
18 the case), to the Department or its agents, whereupon the
19 Department shall issue, in the purchaser's name, a use tax
20 receipt (or a certificate of exemption if the Department is
21 satisfied that the particular sale is tax exempt) which such
22 purchaser may submit to the agency with which, or State
23 officer with whom, he must title or register the tangible
24 personal property that is involved (if titling or
25 registration is required) in support of such purchaser's
26 application for an Illinois certificate or other evidence of
27 title or registration to such tangible personal property.
28 No retailer's failure or refusal to remit tax under this
29 Act precludes a user, who has paid the proper tax to the
30 retailer, from obtaining his certificate of title or other
31 evidence of title or registration (if titling or registration
32 is required) upon satisfying the Department that such user
33 has paid the proper tax (if tax is due) to the retailer. The
34 Department shall adopt appropriate rules to carry out the
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1 mandate of this paragraph.
2 If the user who would otherwise pay tax to the retailer
3 wants the transaction reporting return filed and the payment
4 of the tax or proof of exemption made to the Department
5 before the retailer is willing to take these actions and such
6 user has not paid the tax to the retailer, such user may
7 certify to the fact of such delay by the retailer and may
8 (upon the Department being satisfied of the truth of such
9 certification) transmit the information required by the
10 transaction reporting return and the remittance for tax or
11 proof of exemption directly to the Department and obtain his
12 tax receipt or exemption determination, in which event the
13 transaction reporting return and tax remittance (if a tax
14 payment was required) shall be credited by the Department to
15 the proper retailer's account with the Department, but
16 without the 2.1% or 1.75% discount provided for in this
17 Section being allowed. When the user pays the tax directly
18 to the Department, he shall pay the tax in the same amount
19 and in the same form in which it would be remitted if the tax
20 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
23 property returned to the seller, shall be allowed as a
24 deduction under subdivision 5 of his monthly or quarterly
25 return, as the case may be, in case the seller had
26 theretofore included the receipts from the sale of such
27 tangible personal property in a return filed by him and had
28 paid the tax imposed by this Act with respect to such
29 receipts.
30 Where the seller is a corporation, the return filed on
31 behalf of such corporation shall be signed by the president,
32 vice-president, secretary or treasurer or by the properly
33 accredited agent of such corporation.
34 Where the seller is a limited liability company, the
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1 return filed on behalf of the limited liability company shall
2 be signed by a manager, member, or properly accredited agent
3 of the limited liability company.
4 Except as provided in this Section, the retailer filing
5 the return under this Section shall, at the time of filing
6 such return, pay to the Department the amount of tax imposed
7 by this Act less a discount of 2.1% prior to January 1, 1990
8 and 1.75% on and after January 1, 1990, or $5 per calendar
9 year, whichever is greater, which is allowed to reimburse the
10 retailer for the expenses incurred in keeping records,
11 preparing and filing returns, remitting the tax and supplying
12 data to the Department on request. Any prepayment made
13 pursuant to Section 2d of this Act shall be included in the
14 amount on which such 2.1% or 1.75% discount is computed. In
15 the case of retailers who report and pay the tax on a
16 transaction by transaction basis, as provided in this
17 Section, such discount shall be taken with each such tax
18 remittance instead of when such retailer files his periodic
19 return.
20 If the taxpayer's average monthly tax liability to the
21 Department under this Act, the Use Tax Act, the Service
22 Occupation Tax Act, and the Service Use Tax Act, excluding
23 any liability for prepaid sales tax to be remitted in
24 accordance with Section 2d of this Act, was $10,000 or more
25 during the preceding 4 complete calendar quarters, he shall
26 file a return with the Department each month by the 20th day
27 of the month next following the month during which such tax
28 liability is incurred and shall make payments to the
29 Department on or before the 7th, 15th, 22nd and last day of
30 the month during which such liability is incurred. If the
31 month during which such tax liability is incurred began prior
32 to January 1, 1985, each payment shall be in an amount equal
33 to 1/4 of the taxpayer's actual liability for the month or an
34 amount set by the Department not to exceed 1/4 of the average
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1 monthly liability of the taxpayer to the Department for the
2 preceding 4 complete calendar quarters (excluding the month
3 of highest liability and the month of lowest liability in
4 such 4 quarter period). If the month during which such tax
5 liability is incurred begins on or after January 1, 1985 and
6 prior to January 1, 1987, each payment shall be in an amount
7 equal to 22.5% of the taxpayer's actual liability for the
8 month or 27.5% of the taxpayer's liability for the same
9 calendar month of the preceding year. If the month during
10 which such tax liability is incurred begins on or after
11 January 1, 1987 and prior to January 1, 1988, each payment
12 shall be in an amount equal to 22.5% of the taxpayer's actual
13 liability for the month or 26.25% of the taxpayer's liability
14 for the same calendar month of the preceding year. If the
15 month during which such tax liability is incurred begins on
16 or after January 1, 1988, and prior to January 1, 1989, or
17 begins on or after January 1, 1996, each payment shall be in
18 an amount equal to 22.5% of the taxpayer's actual liability
19 for the month or 25% of the taxpayer's liability for the same
20 calendar month of the preceding year. If the month during
21 which such tax liability is incurred begins on or after
22 January 1, 1989, and prior to January 1, 1996, each payment
23 shall be in an amount equal to 22.5% of the taxpayer's actual
24 liability for the month or 25% of the taxpayer's liability
25 for the same calendar month of the preceding year or 100% of
26 the taxpayer's actual liability for the quarter monthly
27 reporting period. The amount of such quarter monthly
28 payments shall be credited against the final tax liability of
29 the taxpayer's return for that month. Once applicable, the
30 requirement of the making of quarter monthly payments to the
31 Department by taxpayers having an average monthly tax
32 liability of $10,000 or more as determined in the manner
33 provided above shall continue until such taxpayer's average
34 monthly liability to the Department during the preceding 4
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1 complete calendar quarters (excluding the month of highest
2 liability and the month of lowest liability) is less than
3 $9,000, or until such taxpayer's average monthly liability to
4 the Department as computed for each calendar quarter of the 4
5 preceding complete calendar quarter period is less than
6 $10,000. However, if a taxpayer can show the Department that
7 a substantial change in the taxpayer's business has occurred
8 which causes the taxpayer to anticipate that his average
9 monthly tax liability for the reasonably foreseeable future
10 will fall below $10,000, then such taxpayer may petition the
11 Department for a change in such taxpayer's reporting status.
12 The Department shall change such taxpayer's reporting status
13 unless it finds that such change is seasonal in nature and
14 not likely to be long term. If any such quarter monthly
15 payment is not paid at the time or in the amount required by
16 this Section, then the taxpayer's 2.1% or 1.75% vendors'
17 discount shall be reduced by 2.1% or 1.75% of the difference
18 between the minimum amount due as a payment and the amount of
19 such quarter monthly payment actually and timely paid, and
20 the taxpayer shall be liable for penalties and interest on
21 such difference, except insofar as the taxpayer has
22 previously made payments for that month to the Department in
23 excess of the minimum payments previously due as provided in
24 this Section. The Department shall make reasonable rules and
25 regulations to govern the quarter monthly payment amount and
26 quarter monthly payment dates for taxpayers who file on other
27 than a calendar monthly basis.
28 Without regard to whether a taxpayer is required to make
29 quarter monthly payments as specified above, any taxpayer who
30 is required by Section 2d of this Act to collect and remit
31 prepaid taxes and has collected prepaid taxes which average
32 in excess of $25,000 per month during the preceding 2
33 complete calendar quarters, shall file a return with the
34 Department as required by Section 2f and shall make payments
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1 to the Department on or before the 7th, 15th, 22nd and last
2 day of the month during which such liability is incurred. If
3 the month during which such tax liability is incurred began
4 prior to the effective date of this amendatory Act of 1985,
5 each payment shall be in an amount not less than 22.5% of the
6 taxpayer's actual liability under Section 2d. If the month
7 during which such tax liability is incurred begins on or
8 after January 1, 1986, each payment shall be in an amount
9 equal to 22.5% of the taxpayer's actual liability for the
10 month or 27.5% of the taxpayer's liability for the same
11 calendar month of the preceding calendar year. If the month
12 during which such tax liability is incurred begins on or
13 after January 1, 1987, each payment shall be in an amount
14 equal to 22.5% of the taxpayer's actual liability for the
15 month or 26.25% of the taxpayer's liability for the same
16 calendar month of the preceding year. The amount of such
17 quarter monthly payments shall be credited against the final
18 tax liability of the taxpayer's return for that month filed
19 under this Section or Section 2f, as the case may be. Once
20 applicable, the requirement of the making of quarter monthly
21 payments to the Department pursuant to this paragraph shall
22 continue until such taxpayer's average monthly prepaid tax
23 collections during the preceding 2 complete calendar quarters
24 is $25,000 or less. If any such quarter monthly payment is
25 not paid at the time or in the amount required, the taxpayer
26 shall be liable for penalties and interest on such
27 difference, except insofar as the taxpayer has previously
28 made payments for that month in excess of the minimum
29 payments previously due.
30 If any payment provided for in this Section exceeds the
31 taxpayer's liabilities under this Act, the Use Tax Act, the
32 Service Occupation Tax Act and the Service Use Tax Act, as
33 shown on an original monthly return, the Department shall, if
34 requested by the taxpayer, issue to the taxpayer a credit
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1 memorandum no later than 30 days after the date of payment.
2 The credit evidenced by such credit memorandum may be
3 assigned by the taxpayer to a similar taxpayer under this
4 Act, the Use Tax Act, the Service Occupation Tax Act or the
5 Service Use Tax Act, in accordance with reasonable rules and
6 regulations to be prescribed by the Department. If no such
7 request is made, the taxpayer may credit such excess payment
8 against tax liability subsequently to be remitted to the
9 Department under this Act, the Use Tax Act, the Service
10 Occupation Tax Act or the Service Use Tax Act, in accordance
11 with reasonable rules and regulations prescribed by the
12 Department. If the Department subsequently determined that
13 all or any part of the credit taken was not actually due to
14 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
15 shall be reduced by 2.1% or 1.75% of the difference between
16 the credit taken and that actually due, and that taxpayer
17 shall be liable for penalties and interest on such
18 difference.
19 If a retailer of motor fuel is entitled to a credit under
20 Section 2d of this Act which exceeds the taxpayer's liability
21 to the Department under this Act for the month which the
22 taxpayer is filing a return, the Department shall issue the
23 taxpayer a credit memorandum for the excess.
24 Beginning January 1, 1990, each month the Department
25 shall pay into the Local Government Tax Fund, a special fund
26 in the State treasury which is hereby created, the net
27 revenue realized for the preceding month from the 1% tax on
28 sales of food for human consumption which is to be consumed
29 off the premises where it is sold (other than alcoholic
30 beverages, soft drinks and food which has been prepared for
31 immediate consumption) and prescription and nonprescription
32 medicines, drugs, medical appliances and insulin, urine
33 testing materials, syringes and needles used by diabetics.
34 Beginning January 1, 1990, each month the Department
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1 shall pay into the County and Mass Transit District Fund, a
2 special fund in the State treasury which is hereby created,
3 4% of the net revenue realized for the preceding month from
4 the 6.25% general rate.
5 Beginning January 1, 1990, each month the Department
6 shall pay into the Local Government Tax Fund 16% of the net
7 revenue realized for the preceding month from the 6.25%
8 general rate on the selling price of tangible personal
9 property.
10 Of the remainder of the moneys received by the Department
11 pursuant to this Act, (a) 1.75% thereof shall be paid into
12 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
13 and on and after July 1, 1989, 3.8% thereof shall be paid
14 into the Build Illinois Fund; provided, however, that if in
15 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
16 as the case may be, of the moneys received by the Department
17 and required to be paid into the Build Illinois Fund pursuant
18 to this Act, Section 9 of the Use Tax Act, Section 9 of the
19 Service Use Tax Act, and Section 9 of the Service Occupation
20 Tax Act, such Acts being hereinafter called the "Tax Acts"
21 and such aggregate of 2.2% or 3.8%, as the case may be, of
22 moneys being hereinafter called the "Tax Act Amount", and (2)
23 the amount transferred to the Build Illinois Fund from the
24 State and Local Sales Tax Reform Fund shall be less than the
25 Annual Specified Amount (as hereinafter defined), an amount
26 equal to the difference shall be immediately paid into the
27 Build Illinois Fund from other moneys received by the
28 Department pursuant to the Tax Acts; the "Annual Specified
29 Amount" means the amounts specified below for fiscal years
30 1986 through 1993:
31 Fiscal Year Annual Specified Amount
32 1986 $54,800,000
33 1987 $76,650,000
34 1988 $80,480,000
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1 1989 $88,510,000
2 1990 $115,330,000
3 1991 $145,470,000
4 1992 $182,730,000
5 1993 $206,520,000;
6 and means the Certified Annual Debt Service Requirement (as
7 defined in Section 13 of the Build Illinois Bond Act) or the
8 Tax Act Amount, whichever is greater, for fiscal year 1994
9 and each fiscal year thereafter; and further provided, that
10 if on the last business day of any month the sum of (1) the
11 Tax Act Amount required to be deposited into the Build
12 Illinois Bond Account in the Build Illinois Fund during such
13 month and (2) the amount transferred to the Build Illinois
14 Fund from the State and Local Sales Tax Reform Fund shall
15 have been less than 1/12 of the Annual Specified Amount, an
16 amount equal to the difference shall be immediately paid into
17 the Build Illinois Fund from other moneys received by the
18 Department pursuant to the Tax Acts; and, further provided,
19 that in no event shall the payments required under the
20 preceding proviso result in aggregate payments into the Build
21 Illinois Fund pursuant to this clause (b) for any fiscal year
22 in excess of the greater of (i) the Tax Act Amount or (ii)
23 the Annual Specified Amount for such fiscal year. The
24 amounts payable into the Build Illinois Fund under clause (b)
25 of the first sentence in this paragraph shall be payable only
26 until such time as the aggregate amount on deposit under each
27 trust indenture securing Bonds issued and outstanding
28 pursuant to the Build Illinois Bond Act is sufficient, taking
29 into account any future investment income, to fully provide,
30 in accordance with such indenture, for the defeasance of or
31 the payment of the principal of, premium, if any, and
32 interest on the Bonds secured by such indenture and on any
33 Bonds expected to be issued thereafter and all fees and costs
34 payable with respect thereto, all as certified by the
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1 Director of the Bureau of the Budget. If on the last
2 business day of any month in which Bonds are outstanding
3 pursuant to the Build Illinois Bond Act, the aggregate of
4 moneys deposited in the Build Illinois Bond Account in the
5 Build Illinois Fund in such month shall be less than the
6 amount required to be transferred in such month from the
7 Build Illinois Bond Account to the Build Illinois Bond
8 Retirement and Interest Fund pursuant to Section 13 of the
9 Build Illinois Bond Act, an amount equal to such deficiency
10 shall be immediately paid from other moneys received by the
11 Department pursuant to the Tax Acts to the Build Illinois
12 Fund; provided, however, that any amounts paid to the Build
13 Illinois Fund in any fiscal year pursuant to this sentence
14 shall be deemed to constitute payments pursuant to clause (b)
15 of the first sentence of this paragraph and shall reduce the
16 amount otherwise payable for such fiscal year pursuant to
17 that clause (b). The moneys received by the Department
18 pursuant to this Act and required to be deposited into the
19 Build Illinois Fund are subject to the pledge, claim and
20 charge set forth in Section 12 of the Build Illinois Bond
21 Act.
22 Subject to payment of amounts into the Build Illinois
23 Fund as provided in the preceding paragraph or in any
24 amendment thereto hereafter enacted, the following specified
25 monthly installment of the amount requested in the
26 certificate of the Chairman of the Metropolitan Pier and
27 Exposition Authority provided under Section 8.25f of the
28 State Finance Act, but not in excess of sums designated as
29 "Total Deposit", shall be deposited in the aggregate from
30 collections under Section 9 of the Use Tax Act, Section 9 of
31 the Service Use Tax Act, Section 9 of the Service Occupation
32 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
33 into the McCormick Place Expansion Project Fund in the
34 specified fiscal years.
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1 Fiscal Year Total Deposit
2 1993 $0
3 1994 53,000,000
4 1995 58,000,000
5 1996 61,000,000
6 1997 64,000,000
7 1998 68,000,000
8 1999 71,000,000
9 2000 75,000,000
10 2001 80,000,000
11 2002 84,000,000
12 2003 89,000,000
13 2004 93,000,000
14 2005 97,000,000
15 2006 102,000,000
16 2007 and 106,000,000
17 each fiscal year
18 thereafter that bonds
19 are outstanding under
20 Section 13.2 of the
21 Metropolitan Pier and
22 Exposition Authority
23 Act, but not after fiscal year 2029.
24 Beginning July 20, 1993 and in each month of each fiscal
25 year thereafter, one-eighth of the amount requested in the
26 certificate of the Chairman of the Metropolitan Pier and
27 Exposition Authority for that fiscal year, less the amount
28 deposited into the McCormick Place Expansion Project Fund by
29 the State Treasurer in the respective month under subsection
30 (g) of Section 13 of the Metropolitan Pier and Exposition
31 Authority Act, plus cumulative deficiencies in the deposits
32 required under this Section for previous months and years,
33 shall be deposited into the McCormick Place Expansion Project
34 Fund, until the full amount requested for the fiscal year,
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1 but not in excess of the amount specified above as "Total
2 Deposit", has been deposited.
3 Subject to payment of amounts into the Build Illinois
4 Fund and the McCormick Place Expansion Project Fund pursuant
5 to the preceding paragraphs or in any amendment thereto
6 hereafter enacted, each month the Department shall pay into
7 the Local Government Distributive Fund 0.4% of the net
8 revenue realized for the preceding month from the 5% general
9 rate or 0.4% of 80% of the net revenue realized for the
10 preceding month from the 6.25% general rate, as the case may
11 be, on the selling price of tangible personal property which
12 amount shall, subject to appropriation, be distributed as
13 provided in Section 2 of the State Revenue Sharing Act. No
14 payments or distributions pursuant to this paragraph shall be
15 made if the tax imposed by this Act on photoprocessing
16 products is declared unconstitutional, or if the proceeds
17 from such tax are unavailable for distribution because of
18 litigation.
19 Subject to payment of amounts into the Build Illinois
20 Fund, the McCormick Place Expansion Project to the preceding
21 paragraphs or in any amendments thereto hereafter enacted,
22 beginning July 1, 1993, the Department shall each month pay
23 into the Illinois Tax Increment Fund 0.27% of 80% of the net
24 revenue realized for the preceding month from the 6.25%
25 general rate on the selling price of tangible personal
26 property.
27 Of the remainder of the moneys received by the Department
28 pursuant to this Act, 75% thereof shall be paid into the
29 State Treasury and 25% shall be reserved in a special account
30 and used only for the transfer to the Common School Fund as
31 part of the monthly transfer from the General Revenue Fund in
32 accordance with Section 8a of the State Finance Act.
33 The Department may, upon separate written notice to a
34 taxpayer, require the taxpayer to prepare and file with the
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1 Department on a form prescribed by the Department within not
2 less than 60 days after receipt of the notice an annual
3 information return for the tax year specified in the notice.
4 Such annual return to the Department shall include a
5 statement of gross receipts as shown by the retailer's last
6 Federal income tax return. If the total receipts of the
7 business as reported in the Federal income tax return do not
8 agree with the gross receipts reported to the Department of
9 Revenue for the same period, the retailer shall attach to his
10 annual return a schedule showing a reconciliation of the 2
11 amounts and the reasons for the difference. The retailer's
12 annual return to the Department shall also disclose the cost
13 of goods sold by the retailer during the year covered by such
14 return, opening and closing inventories of such goods for
15 such year, costs of goods used from stock or taken from stock
16 and given away by the retailer during such year, payroll
17 information of the retailer's business during such year and
18 any additional reasonable information which the Department
19 deems would be helpful in determining the accuracy of the
20 monthly, quarterly or annual returns filed by such retailer
21 as provided for in this Section.
22 If the annual information return required by this Section
23 is not filed when and as required, the taxpayer shall be
24 liable as follows:
25 (i) Until January 1, 1994, the taxpayer shall be
26 liable for a penalty equal to 1/6 of 1% of the tax due
27 from such taxpayer under this Act during the period to be
28 covered by the annual return for each month or fraction
29 of a month until such return is filed as required, the
30 penalty to be assessed and collected in the same manner
31 as any other penalty provided for in this Act.
32 (ii) On and after January 1, 1994, the taxpayer
33 shall be liable for a penalty as described in Section 3-4
34 of the Uniform Penalty and Interest Act.
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1 The chief executive officer, proprietor, owner or highest
2 ranking manager shall sign the annual return to certify the
3 accuracy of the information contained therein. Any person
4 who willfully signs the annual return containing false or
5 inaccurate information shall be guilty of perjury and
6 punished accordingly. The annual return form prescribed by
7 the Department shall include a warning that the person
8 signing the return may be liable for perjury.
9 The provisions of this Section concerning the filing of
10 an annual information return do not apply to a retailer who
11 is not required to file an income tax return with the United
12 States Government.
13 As soon as possible after the first day of each month,
14 upon certification of the Department of Revenue, the
15 Comptroller shall order transferred and the Treasurer shall
16 transfer from the General Revenue Fund to the Motor Fuel Tax
17 Fund an amount equal to 1.7% of 80% of the net revenue
18 realized under this Act for the second preceding month;
19 except that this transfer shall not be made for the months
20 February through June, 1992.
21 Net revenue realized for a month shall be the revenue
22 collected by the State pursuant to this Act, less the amount
23 paid out during that month as refunds to taxpayers for
24 overpayment of liability.
25 For greater simplicity of administration, manufacturers,
26 importers and wholesalers whose products are sold at retail
27 in Illinois by numerous retailers, and who wish to do so, may
28 assume the responsibility for accounting and paying to the
29 Department all tax accruing under this Act with respect to
30 such sales, if the retailers who are affected do not make
31 written objection to the Department to this arrangement.
32 Any person who promotes, organizes, provides retail
33 selling space for concessionaires or other types of sellers
34 at the Illinois State Fair, DuQuoin State Fair, county fairs,
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1 local fairs, art shows, flea markets and similar exhibitions
2 or events, including any transient merchant as defined by
3 Section 2 of the Transient Merchant Act of 1987, is required
4 to file a report with the Department providing the name of
5 the merchant's business, the name of the person or persons
6 engaged in merchant's business, the permanent address and
7 Illinois Retailers Occupation Tax Registration Number of the
8 merchant, the dates and location of the event and other
9 reasonable information that the Department may require. The
10 report must be filed not later than the 20th day of the month
11 next following the month during which the event with retail
12 sales was held. Any person who fails to file a report
13 required by this Section commits a business offense and is
14 subject to a fine not to exceed $250.
15 Any person engaged in the business of selling tangible
16 personal property at retail as a concessionaire or other type
17 of seller at the Illinois State Fair, county fairs, art
18 shows, flea markets and similar exhibitions or events, or any
19 transient merchants, as defined by Section 2 of the Transient
20 Merchant Act of 1987, may be required to make a daily report
21 of the amount of such sales to the Department and to make a
22 daily payment of the full amount of tax due. The Department
23 shall impose this requirement when it finds that there is a
24 significant risk of loss of revenue to the State at such an
25 exhibition or event. Such a finding shall be based on
26 evidence that a substantial number of concessionaires or
27 other sellers who are not residents of Illinois will be
28 engaging in the business of selling tangible personal
29 property at retail at the exhibition or event, or other
30 evidence of a significant risk of loss of revenue to the
31 State. The Department shall notify concessionaires and other
32 sellers affected by the imposition of this requirement. In
33 the absence of notification by the Department, the
34 concessionaires and other sellers shall file their returns as
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1 otherwise required in this Section.
2 (Source: P.A. 88-45; 88-116; 88-194; 88-480; 88-547, eff.
3 6-30-94; 88-660, eff. 9-16-94; 88-669, eff. 11-29-94; 88-670,
4 eff. 12-2-94; 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
5 89-379, eff. 1-1-96; 89-626, eff. 8-9-96.)
6 (Text of Section after amendment by P.A. 90-491)
7 Sec. 3. Except as provided in this Section, on or before
8 the twentieth day of each calendar month, every person
9 engaged in the business of selling tangible personal property
10 at retail in this State during the preceding calendar month
11 shall file a return with the Department, stating:
12 1. The name of the seller;
13 2. His residence address and the address of his
14 principal place of business and the address of the
15 principal place of business (if that is a different
16 address) from which he engages in the business of selling
17 tangible personal property at retail in this State;
18 3. Total amount of receipts received by him during
19 the preceding calendar month or quarter, as the case may
20 be, from sales of tangible personal property, and from
21 services furnished, by him during such preceding calendar
22 month or quarter;
23 4. Total amount received by him during the
24 preceding calendar month or quarter on charge and time
25 sales of tangible personal property, and from services
26 furnished, by him prior to the month or quarter for which
27 the return is filed;
28 5. Deductions allowed by law;
29 6. Gross receipts which were received by him during
30 the preceding calendar month or quarter and upon the
31 basis of which the tax is imposed;
32 7. The amount of credit provided in Section 2d of
33 this Act;
34 8. The amount of tax due;
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1 9. The signature of the taxpayer; and
2 10. Such other reasonable information as the
3 Department may require.
4 If a taxpayer fails to sign a return within 30 days after
5 the proper notice and demand for signature by the Department,
6 the return shall be considered valid and any amount shown to
7 be due on the return shall be deemed assessed.
8 Each return shall be accompanied by the statement of
9 prepaid tax issued pursuant to Section 2e for which credit is
10 claimed.
11 A retailer may accept a Manufacturer's Purchase Credit
12 certification from a purchaser in satisfaction of Use Tax as
13 provided in Section 3-85 of the Use Tax Act if the purchaser
14 provides the appropriate documentation as required by Section
15 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
16 certification, accepted by a retailer as provided in Section
17 3-85 of the Use Tax Act, may be used by that retailer to
18 satisfy Retailers' Occupation Tax liability in the amount
19 claimed in the certification, not to exceed 6.25% of the
20 receipts subject to tax from a qualifying purchase.
21 The Department may require returns to be filed on a
22 quarterly basis. If so required, a return for each calendar
23 quarter shall be filed on or before the twentieth day of the
24 calendar month following the end of such calendar quarter.
25 The taxpayer shall also file a return with the Department for
26 each of the first two months of each calendar quarter, on or
27 before the twentieth day of the following calendar month,
28 stating:
29 1. The name of the seller;
30 2. The address of the principal place of business
31 from which he engages in the business of selling tangible
32 personal property at retail in this State;
33 3. The total amount of taxable receipts received by
34 him during the preceding calendar month from sales of
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1 tangible personal property by him during such preceding
2 calendar month, including receipts from charge and time
3 sales, but less all deductions allowed by law;
4 4. The amount of credit provided in Section 2d of
5 this Act;
6 5. The amount of tax due; and
7 6. Such other reasonable information as the
8 Department may require.
9 If a total amount of less than $1 is payable, refundable
10 or creditable, such amount shall be disregarded if it is less
11 than 50 cents and shall be increased to $1 if it is 50 cents
12 or more.
13 Beginning October 1, 1993, a taxpayer who has an average
14 monthly tax liability of $150,000 or more shall make all
15 payments required by rules of the Department by electronic
16 funds transfer. Beginning October 1, 1994, a taxpayer who
17 has an average monthly tax liability of $100,000 or more
18 shall make all payments required by rules of the Department
19 by electronic funds transfer. Beginning October 1, 1995, a
20 taxpayer who has an average monthly tax liability of $50,000
21 or more shall make all payments required by rules of the
22 Department by electronic funds transfer. The term "average
23 monthly tax liability" shall be the sum of the taxpayer's
24 liabilities under this Act, and under all other State and
25 local occupation and use tax laws administered by the
26 Department, for the immediately preceding calendar year
27 divided by 12.
28 Before August 1 of each year beginning in 1993, the
29 Department shall notify all taxpayers required to make
30 payments by electronic funds transfer. All taxpayers
31 required to make payments by electronic funds transfer shall
32 make those payments for a minimum of one year beginning on
33 October 1.
34 Any taxpayer not required to make payments by electronic
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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
4 funds transfer and any taxpayers authorized to voluntarily
5 make payments by electronic funds transfer shall make those
6 payments 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 Any amount which is required to be shown or reported on
11 any return or other document under this Act shall, if such
12 amount is not a whole-dollar amount, be increased to the
13 nearest whole-dollar amount in any case where the fractional
14 part of a dollar is 50 cents or more, and decreased to the
15 nearest whole-dollar amount where the fractional part of a
16 dollar is less than 50 cents.
17 If the retailer is otherwise required to file a monthly
18 return and if the retailer's average monthly tax liability to
19 the Department does not exceed $200, the Department may
20 authorize his returns to be filed on a quarter annual basis,
21 with the return for January, February and March of a given
22 year being due by April 20 of such year; with the return for
23 April, May and June of a given year being due by July 20 of
24 such year; with the return for July, August and September of
25 a given year being due by October 20 of such year, and with
26 the return for October, November and December of a given year
27 being due by January 20 of the following year.
28 If the retailer is otherwise required to file a monthly
29 or quarterly return and if the retailer's average monthly tax
30 liability with the Department does not exceed $50, the
31 Department may authorize his returns to be filed on an annual
32 basis, with the return for a given year being due by January
33 20 of the following year.
34 Such quarter annual and annual returns, as to form and
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1 substance, shall be subject to the same requirements as
2 monthly returns.
3 Notwithstanding any other provision in this Act
4 concerning the time within which a retailer may file his
5 return, in the case of any retailer who ceases to engage in a
6 kind of business which makes him responsible for filing
7 returns under this Act, such retailer shall file a final
8 return under this Act with the Department not more than one
9 month after discontinuing such business.
10 Where the same person has more than one business
11 registered with the Department under separate registrations
12 under this Act, such person may not file each return that is
13 due as a single return covering all such registered
14 businesses, but shall file separate returns for each such
15 registered business.
16 In addition, with respect to motor vehicles, watercraft,
17 aircraft, and trailers that are required to be registered
18 with an agency of this State, every retailer selling this
19 kind of tangible personal property shall file, with the
20 Department, upon a form to be prescribed and supplied by the
21 Department, a separate return for each such item of tangible
22 personal property which the retailer sells, except that
23 where, in the same transaction, a retailer of aircraft,
24 watercraft, motor vehicles or trailers transfers more than
25 one aircraft, watercraft, motor vehicle or trailer to another
26 aircraft, watercraft, motor vehicle retailer or trailer
27 retailer for the purpose of resale, that seller for resale
28 may report the transfer of all aircraft, watercraft, motor
29 vehicles or trailers involved in that transaction to the
30 Department on the same uniform invoice-transaction reporting
31 return form. For purposes of this Section, "watercraft"
32 means a Class 2, Class 3, or Class 4 watercraft as defined in
33 Section 3-2 of the Boat Registration and Safety Act, a
34 personal watercraft, or any boat equipped with an inboard
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1 motor.
2 Any retailer who sells only motor vehicles, watercraft,
3 aircraft, or trailers that are required to be registered with
4 an agency of this State, so that all retailers' occupation
5 tax liability is required to be reported, and is reported, on
6 such transaction reporting returns and who is not otherwise
7 required to file monthly or quarterly returns, need not file
8 monthly or quarterly returns. However, those retailers shall
9 be required to file returns on an annual basis.
10 The transaction reporting return, in the case of motor
11 vehicles or trailers that are required to be registered with
12 an agency of this State, shall be the same document as the
13 Uniform Invoice referred to in Section 5-402 of The Illinois
14 Vehicle Code and must show the name and address of the
15 seller; the name and address of the purchaser; the amount of
16 the selling price including the amount allowed by the
17 retailer for traded-in property, if any; the amount allowed
18 by the retailer for the traded-in tangible personal property,
19 if any, to the extent to which Section 1 of this Act allows
20 an exemption for the value of traded-in property; the balance
21 payable after deducting such trade-in allowance from the
22 total selling price; the amount of tax due from the retailer
23 with respect to such transaction; the amount of tax collected
24 from the purchaser by the retailer on such transaction (or
25 satisfactory evidence that such tax is not due in that
26 particular instance, if that is claimed to be the fact); the
27 place and date of the sale; a sufficient identification of
28 the property sold; such other information as is required in
29 Section 5-402 of The Illinois Vehicle Code, and such other
30 information as the Department may reasonably require.
31 The transaction reporting return in the case of
32 watercraft or aircraft must show the name and address of the
33 seller; the name and address of the purchaser; the amount of
34 the selling price including the amount allowed by the
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1 retailer for traded-in property, if any; the amount allowed
2 by the retailer for the traded-in tangible personal property,
3 if any, to the extent to which Section 1 of this Act allows
4 an exemption for the value of traded-in property; the balance
5 payable after deducting such trade-in allowance from the
6 total selling price; the amount of tax due from the retailer
7 with respect to such transaction; the amount of tax collected
8 from the purchaser by the retailer on such transaction (or
9 satisfactory evidence that such tax is not due in that
10 particular instance, if that is claimed to be the fact); the
11 place and date of the sale, a sufficient identification of
12 the property sold, and such other information as the
13 Department may reasonably require.
14 Such transaction reporting return shall be filed not
15 later than 20 days after the day of delivery of the item that
16 is being sold, but may be filed by the retailer at any time
17 sooner than that if he chooses to do so. The transaction
18 reporting return and tax remittance or proof of exemption
19 from the Illinois use tax may be transmitted to the
20 Department by way of the State agency with which, or State
21 officer with whom the tangible personal property must be
22 titled or registered (if titling or registration is required)
23 if the Department and such agency or State officer determine
24 that this procedure will expedite the processing of
25 applications for title or registration.
26 With each such transaction reporting return, the retailer
27 shall remit the proper amount of tax due (or shall submit
28 satisfactory evidence that the sale is not taxable if that is
29 the case), to the Department or its agents, whereupon the
30 Department shall issue, in the purchaser's name, a use tax
31 receipt (or a certificate of exemption if the Department is
32 satisfied that the particular sale is tax exempt) which such
33 purchaser may submit to the agency with which, or State
34 officer with whom, he must title or register the tangible
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1 personal property that is involved (if titling or
2 registration is required) in support of such purchaser's
3 application for an Illinois certificate or other evidence of
4 title or registration to such tangible personal property.
5 No retailer's failure or refusal to remit tax under this
6 Act precludes a user, who has paid the proper tax to the
7 retailer, from obtaining his certificate of title or other
8 evidence of title or registration (if titling or registration
9 is required) upon satisfying the Department that such user
10 has paid the proper tax (if tax is due) to the retailer. The
11 Department shall adopt appropriate rules to carry out the
12 mandate of this paragraph.
13 If the user who would otherwise pay tax to the retailer
14 wants the transaction reporting return filed and the payment
15 of the tax or proof of exemption made to the Department
16 before the retailer is willing to take these actions and such
17 user has not paid the tax to the retailer, such user may
18 certify to the fact of such delay by the retailer and may
19 (upon the Department being satisfied of the truth of such
20 certification) transmit the information required by the
21 transaction reporting return and the remittance for tax or
22 proof of exemption directly to the Department and obtain his
23 tax receipt or exemption determination, in which event the
24 transaction reporting return and tax remittance (if a tax
25 payment was required) shall be credited by the Department to
26 the proper retailer's account with the Department, but
27 without the 2.1% or 1.75% discount provided for in this
28 Section being allowed. When the user pays the tax directly
29 to the Department, he shall pay the tax in the same amount
30 and in the same form in which it would be remitted if the tax
31 had been remitted to the Department by the retailer.
32 Refunds made by the seller during the preceding return
33 period to purchasers, on account of tangible personal
34 property returned to the seller, shall be allowed as a
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1 deduction under subdivision 5 of his monthly or quarterly
2 return, as the case may be, in case the seller had
3 theretofore included the receipts from the sale of such
4 tangible personal property in a return filed by him and had
5 paid the tax imposed by this Act with respect to such
6 receipts.
7 Where the seller is a corporation, the return filed on
8 behalf of such corporation shall be signed by the president,
9 vice-president, secretary or treasurer or by the properly
10 accredited agent of such corporation.
11 Where the seller is a limited liability company, the
12 return filed on behalf of the limited liability company shall
13 be signed by a manager, member, or properly accredited agent
14 of the limited liability company.
15 Except as provided in this Section, the retailer filing
16 the return under this Section shall, at the time of filing
17 such return, pay to the Department the amount of tax imposed
18 by this Act less a discount of 2.1% prior to January 1, 1990
19 and 1.75% on and after January 1, 1990, or $5 per calendar
20 year, whichever is greater, which is allowed to reimburse the
21 retailer for the expenses incurred in keeping records,
22 preparing and filing returns, remitting the tax and supplying
23 data to the Department on request. Any prepayment made
24 pursuant to Section 2d of this Act shall be included in the
25 amount on which such 2.1% or 1.75% discount is computed. In
26 the case of retailers who report and pay the tax on a
27 transaction by transaction basis, as provided in this
28 Section, such discount shall be taken with each such tax
29 remittance instead of when such retailer files his periodic
30 return.
31 If the taxpayer's average monthly tax liability to the
32 Department under this Act, the Use Tax Act, the Service
33 Occupation Tax Act, and the Service Use Tax Act, excluding
34 any liability for prepaid sales tax to be remitted in
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1 accordance with Section 2d of this Act, was $10,000 or more
2 during the preceding 4 complete calendar quarters, he shall
3 file a return with the Department each month by the 20th day
4 of the month next following the month during which such tax
5 liability is incurred and shall make payments to the
6 Department on or before the 7th, 15th, 22nd and last day of
7 the month during which such liability is incurred. If the
8 month during which such tax liability is incurred began prior
9 to January 1, 1985, each payment shall be in an amount equal
10 to 1/4 of the taxpayer's actual liability for the month or an
11 amount set by the Department not to exceed 1/4 of the average
12 monthly liability of the taxpayer to the Department for the
13 preceding 4 complete calendar quarters (excluding the month
14 of highest liability and the month of lowest liability in
15 such 4 quarter period). If the month during which such tax
16 liability is incurred begins on or after January 1, 1985 and
17 prior to January 1, 1987, each payment shall be in an amount
18 equal to 22.5% of the taxpayer's actual liability for the
19 month or 27.5% of the taxpayer's liability for the same
20 calendar month of the preceding year. If the month during
21 which such tax liability is incurred begins on or after
22 January 1, 1987 and prior to January 1, 1988, each payment
23 shall be in an amount equal to 22.5% of the taxpayer's actual
24 liability for the month or 26.25% of the taxpayer's liability
25 for the same calendar month of the preceding year. If the
26 month during which such tax liability is incurred begins on
27 or after January 1, 1988, and prior to January 1, 1989, or
28 begins on or after January 1, 1996, each payment shall be in
29 an amount equal to 22.5% of the taxpayer's actual liability
30 for the month or 25% of the taxpayer's liability for the same
31 calendar month of the preceding year. If the month during
32 which such tax liability is incurred begins on or after
33 January 1, 1989, and prior to January 1, 1996, each payment
34 shall be in an amount equal to 22.5% of the taxpayer's actual
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1 liability for the month or 25% of the taxpayer's liability
2 for the same calendar month of the preceding year or 100% of
3 the taxpayer's actual liability for the quarter monthly
4 reporting period. The amount of such quarter monthly
5 payments shall be credited against the final tax liability of
6 the taxpayer's return for that month. Once applicable, the
7 requirement of the making of quarter monthly payments to the
8 Department by taxpayers having an average monthly tax
9 liability of $10,000 or more as determined in the manner
10 provided above shall continue until such taxpayer's average
11 monthly liability to the Department during the preceding 4
12 complete calendar quarters (excluding the month of highest
13 liability and the month of lowest liability) is less than
14 $9,000, or until such taxpayer's average monthly liability to
15 the Department as computed for each calendar quarter of the 4
16 preceding complete calendar quarter period is less than
17 $10,000. However, if a taxpayer can show the Department that
18 a substantial change in the taxpayer's business has occurred
19 which causes the taxpayer to anticipate that his average
20 monthly tax liability for the reasonably foreseeable future
21 will fall below $10,000, then such taxpayer may petition the
22 Department for a change in such taxpayer's reporting status.
23 The Department shall change such taxpayer's reporting status
24 unless it finds that such change is seasonal in nature and
25 not likely to be long term. If any such quarter monthly
26 payment is not paid at the time or in the amount required by
27 this Section, then the taxpayer shall be liable for penalties
28 and interest on the difference between the minimum amount due
29 as a payment and the amount of such quarter monthly payment
30 actually and timely paid, except insofar as the taxpayer has
31 previously made payments for that month to the Department in
32 excess of the minimum payments previously due as provided in
33 this Section. The Department shall make reasonable rules and
34 regulations to govern the quarter monthly payment amount and
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1 quarter monthly payment dates for taxpayers who file on other
2 than a calendar monthly basis.
3 Without regard to whether a taxpayer is required to make
4 quarter monthly payments as specified above, any taxpayer who
5 is required by Section 2d of this Act to collect and remit
6 prepaid taxes and has collected prepaid taxes which average
7 in excess of $25,000 per month during the preceding 2
8 complete calendar quarters, shall file a return with the
9 Department as required by Section 2f and shall make payments
10 to the Department on or before the 7th, 15th, 22nd and last
11 day of the month during which such liability is incurred. If
12 the month during which such tax liability is incurred began
13 prior to the effective date of this amendatory Act of 1985,
14 each payment shall be in an amount not less than 22.5% of the
15 taxpayer's actual liability under Section 2d. If the month
16 during which such tax liability is incurred begins on or
17 after January 1, 1986, each payment shall be in an amount
18 equal to 22.5% of the taxpayer's actual liability for the
19 month or 27.5% of the taxpayer's liability for the same
20 calendar month of the preceding calendar year. If the month
21 during which such tax liability is incurred begins on or
22 after January 1, 1987, each payment shall be in an amount
23 equal to 22.5% of the taxpayer's actual liability for the
24 month or 26.25% of the taxpayer's liability for the same
25 calendar month of the preceding year. The amount of such
26 quarter monthly payments shall be credited against the final
27 tax liability of the taxpayer's return for that month filed
28 under this Section or Section 2f, as the case may be. Once
29 applicable, the requirement of the making of quarter monthly
30 payments to the Department pursuant to this paragraph shall
31 continue until such taxpayer's average monthly prepaid tax
32 collections during the preceding 2 complete calendar quarters
33 is $25,000 or less. If any such quarter monthly payment is
34 not paid at the time or in the amount required, the taxpayer
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1 shall be liable for penalties and interest on such
2 difference, except insofar as the taxpayer has previously
3 made payments for that month in excess of the minimum
4 payments previously due.
5 If any payment provided for in this Section exceeds the
6 taxpayer's liabilities under this Act, the Use Tax Act, the
7 Service Occupation Tax Act and the Service Use Tax Act, as
8 shown on an original monthly return, the Department shall, if
9 requested by the taxpayer, issue to the taxpayer a credit
10 memorandum no later than 30 days after the date of payment.
11 The credit evidenced by such credit memorandum may be
12 assigned by the taxpayer to a similar taxpayer under this
13 Act, the Use Tax Act, the Service Occupation Tax Act or the
14 Service Use Tax Act, in accordance with reasonable rules and
15 regulations to be prescribed by the Department. If no such
16 request is made, the taxpayer may credit such excess payment
17 against tax liability subsequently to be remitted to the
18 Department under this Act, the Use Tax Act, the Service
19 Occupation Tax Act or the Service Use Tax Act, in accordance
20 with reasonable rules and regulations prescribed by the
21 Department. If the Department subsequently determined that
22 all or any part of the credit taken was not actually due to
23 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
24 shall be reduced by 2.1% or 1.75% of the difference between
25 the credit taken and that actually due, and that taxpayer
26 shall be liable for penalties and interest on such
27 difference.
28 If a retailer of motor fuel is entitled to a credit under
29 Section 2d of this Act which exceeds the taxpayer's liability
30 to the Department under this Act for the month which the
31 taxpayer is filing a return, the Department shall issue the
32 taxpayer a credit memorandum for the excess.
33 Beginning January 1, 1990, each month the Department
34 shall pay into the Local Government Tax Fund, a special fund
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1 in the State treasury which is hereby created, the net
2 revenue realized for the preceding month from the 1% tax on
3 sales of food for human consumption which is to be consumed
4 off the premises where it is sold (other than alcoholic
5 beverages, soft drinks and food which has been prepared for
6 immediate consumption) and prescription and nonprescription
7 medicines, drugs, medical appliances and insulin, urine
8 testing materials, syringes and needles used by diabetics.
9 Beginning January 1, 1990, each month the Department
10 shall pay into the County and Mass Transit District Fund, a
11 special fund in the State treasury which is hereby created,
12 4% of the net revenue realized for the preceding month from
13 the 6.25% general rate.
14 Beginning January 1, 1990, each month the Department
15 shall pay into the Local Government Tax Fund 16% of the net
16 revenue realized for the preceding month from the 6.25%
17 general rate on the selling price of tangible personal
18 property.
19 Of the remainder of the moneys received by the Department
20 pursuant to this Act, (a) 1.75% thereof shall be paid into
21 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
22 and on and after July 1, 1989, 3.8% thereof shall be paid
23 into the Build Illinois Fund; provided, however, that if in
24 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
25 as the case may be, of the moneys received by the Department
26 and required to be paid into the Build Illinois Fund pursuant
27 to this Act, Section 9 of the Use Tax Act, Section 9 of the
28 Service Use Tax Act, and Section 9 of the Service Occupation
29 Tax Act, such Acts being hereinafter called the "Tax Acts"
30 and such aggregate of 2.2% or 3.8%, as the case may be, of
31 moneys being hereinafter called the "Tax Act Amount", and (2)
32 the amount transferred to the Build Illinois Fund from the
33 State and Local Sales Tax Reform Fund shall be less than the
34 Annual Specified Amount (as hereinafter defined), an amount
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1 equal to the difference shall be immediately paid into the
2 Build Illinois Fund from other moneys received by the
3 Department pursuant to the Tax Acts; the "Annual Specified
4 Amount" means the amounts specified below for fiscal years
5 1986 through 1993:
6 Fiscal Year Annual Specified Amount
7 1986 $54,800,000
8 1987 $76,650,000
9 1988 $80,480,000
10 1989 $88,510,000
11 1990 $115,330,000
12 1991 $145,470,000
13 1992 $182,730,000
14 1993 $206,520,000;
15 and means the Certified Annual Debt Service Requirement (as
16 defined in Section 13 of the Build Illinois Bond Act) or the
17 Tax Act Amount, whichever is greater, for fiscal year 1994
18 and each fiscal year thereafter; and further provided, that
19 if on the last business day of any month the sum of (1) the
20 Tax Act Amount required to be deposited into the Build
21 Illinois Bond Account in the Build Illinois Fund during such
22 month and (2) the amount transferred to the Build Illinois
23 Fund from the State and Local Sales Tax Reform Fund shall
24 have been less than 1/12 of the Annual Specified Amount, an
25 amount equal to the difference shall be immediately paid into
26 the Build Illinois Fund from other moneys received by the
27 Department pursuant to the Tax Acts; and, further provided,
28 that in no event shall the payments required under the
29 preceding proviso result in aggregate payments into the Build
30 Illinois Fund pursuant to this clause (b) for any fiscal year
31 in excess of the greater of (i) the Tax Act Amount or (ii)
32 the Annual Specified Amount for such fiscal year. The
33 amounts payable into the Build Illinois Fund under clause (b)
34 of the first sentence in this paragraph shall be payable only
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1 until such time as the aggregate amount on deposit under each
2 trust indenture securing Bonds issued and outstanding
3 pursuant to the Build Illinois Bond Act is sufficient, taking
4 into account any future investment income, to fully provide,
5 in accordance with such indenture, for the defeasance of or
6 the payment of the principal of, premium, if any, and
7 interest on the Bonds secured by such indenture and on any
8 Bonds expected to be issued thereafter and all fees and costs
9 payable with respect thereto, all as certified by the
10 Director of the Bureau of the Budget. If on the last
11 business day of any month in which Bonds are outstanding
12 pursuant to the Build Illinois Bond Act, the aggregate of
13 moneys deposited in the Build Illinois Bond Account in the
14 Build Illinois Fund in such month shall be less than the
15 amount required to be transferred in such month from the
16 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
21 Fund; provided, however, that any amounts paid to the Build
22 Illinois Fund in any fiscal year pursuant to this sentence
23 shall be deemed to constitute payments pursuant to clause (b)
24 of the first sentence of this paragraph and shall reduce the
25 amount otherwise payable for such fiscal year pursuant to
26 that clause (b). The moneys received by the Department
27 pursuant to this Act and required to be deposited into the
28 Build Illinois Fund are subject to the pledge, claim and
29 charge set forth in Section 12 of the Build Illinois Bond
30 Act.
31 Subject to payment of amounts into the Build Illinois
32 Fund as provided in the preceding paragraph or in any
33 amendment thereto hereafter enacted, the following specified
34 monthly installment of the amount requested in the
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1 certificate of the Chairman of the Metropolitan Pier and
2 Exposition Authority provided under Section 8.25f of the
3 State Finance Act, but not in excess of sums designated as
4 "Total Deposit", shall be deposited in the aggregate from
5 collections under Section 9 of the Use Tax Act, Section 9 of
6 the Service Use Tax Act, Section 9 of the Service Occupation
7 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
8 into the McCormick Place Expansion Project Fund in the
9 specified fiscal years.
10 Fiscal Year Total Deposit
11 1993 $0
12 1994 53,000,000
13 1995 58,000,000
14 1996 61,000,000
15 1997 64,000,000
16 1998 68,000,000
17 1999 71,000,000
18 2000 75,000,000
19 2001 80,000,000
20 2002 84,000,000
21 2003 89,000,000
22 2004 93,000,000
23 2005 97,000,000
24 2006 102,000,000
25 2007 and 106,000,000
26 each fiscal year
27 thereafter that bonds
28 are outstanding under
29 Section 13.2 of the
30 Metropolitan Pier and
31 Exposition Authority
32 Act, but not after fiscal year 2029.
33 Beginning July 20, 1993 and in each month of each fiscal
34 year thereafter, one-eighth of the amount requested in the
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1 certificate of the Chairman of the Metropolitan Pier and
2 Exposition Authority for that fiscal year, less the amount
3 deposited into the McCormick Place Expansion Project Fund by
4 the State Treasurer in the respective month under subsection
5 (g) of Section 13 of the Metropolitan Pier and Exposition
6 Authority Act, plus cumulative deficiencies in the deposits
7 required under this Section for previous months and years,
8 shall be deposited into the McCormick Place Expansion Project
9 Fund, until the full amount requested for the fiscal year,
10 but not in excess of the amount specified above as "Total
11 Deposit", has been deposited.
12 Subject to payment of amounts into the Build Illinois
13 Fund and the McCormick Place Expansion Project Fund pursuant
14 to the preceding paragraphs or in any amendment thereto
15 hereafter enacted, each month the Department shall pay into
16 the Local Government Distributive Fund 0.4% of the net
17 revenue realized for the preceding month from the 5% general
18 rate or 0.4% of 80% of the net revenue realized for the
19 preceding month from the 6.25% general rate, as the case may
20 be, on the selling price of tangible personal property which
21 amount shall, subject to appropriation, be distributed as
22 provided in Section 2 of the State Revenue Sharing Act. No
23 payments or distributions pursuant to this paragraph shall be
24 made if the tax imposed by this Act on photoprocessing
25 products is declared unconstitutional, or if the proceeds
26 from such tax are unavailable for distribution because of
27 litigation.
28 Subject to payment of amounts into the Build Illinois
29 Fund, the McCormick Place Expansion Project to the preceding
30 paragraphs or in any amendments thereto hereafter enacted,
31 beginning July 1, 1993, the Department shall each month pay
32 into the Illinois Tax Increment Fund 0.27% of 80% of the net
33 revenue realized for the preceding month from the 6.25%
34 general rate on the selling price of tangible personal
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1 property.
2 Of the remainder of the moneys received by the Department
3 pursuant to this Act, 75% thereof shall be paid into the
4 State Treasury and 25% shall be reserved in a special account
5 and used only for the transfer to the Common School Fund as
6 part of the monthly transfer from the General Revenue Fund in
7 accordance with Section 8a of the State Finance Act.
8 The Department may, upon separate written notice to a
9 taxpayer, require the taxpayer to prepare and file with the
10 Department on a form prescribed by the Department within not
11 less than 60 days after receipt of the notice an annual
12 information return for the tax year specified in the notice.
13 Such annual return to the Department shall include a
14 statement of gross receipts as shown by the retailer's last
15 Federal income tax return. If the total receipts of the
16 business as reported in the Federal income tax return do not
17 agree with the gross receipts reported to the Department of
18 Revenue for the same period, the retailer shall attach to his
19 annual return a schedule showing a reconciliation of the 2
20 amounts and the reasons for the difference. The retailer's
21 annual return to the Department shall also disclose the cost
22 of goods sold by the retailer during the year covered by such
23 return, opening and closing inventories of such goods for
24 such year, costs of goods used from stock or taken from stock
25 and given away by the retailer during such year, payroll
26 information of the retailer's business during such year and
27 any additional reasonable information which the Department
28 deems would be helpful in determining the accuracy of the
29 monthly, quarterly or annual returns filed by such retailer
30 as provided for in this Section.
31 If the annual information return required by this Section
32 is not filed when and as required, the taxpayer shall be
33 liable as follows:
34 (i) Until January 1, 1994, the taxpayer shall be
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1 liable for a penalty equal to 1/6 of 1% of the tax due
2 from such taxpayer under this Act during the period to be
3 covered by the annual return for each month or fraction
4 of a month until such return is filed as required, the
5 penalty to be assessed and collected in the same manner
6 as any other penalty provided for in this Act.
7 (ii) On and after January 1, 1994, the taxpayer
8 shall be liable for a penalty as described in Section 3-4
9 of the Uniform Penalty and Interest Act.
10 The chief executive officer, proprietor, owner or highest
11 ranking manager shall sign the annual return to certify the
12 accuracy of the information contained therein. Any person
13 who willfully signs the annual return containing false or
14 inaccurate information shall be guilty of perjury and
15 punished accordingly. The annual return form prescribed by
16 the Department shall include a warning that the person
17 signing the return may be liable for perjury.
18 The provisions of this Section concerning the filing of
19 an annual information return do not apply to a retailer who
20 is not required to file an income tax return with the United
21 States Government.
22 As soon as possible after the first day of each month,
23 upon certification of the Department of Revenue, the
24 Comptroller shall order transferred and the Treasurer shall
25 transfer from the General Revenue Fund to the Motor Fuel Tax
26 Fund an amount equal to 1.7% of 80% of the net revenue
27 realized under this Act for the second preceding month;
28 except that this transfer shall not be made for the months
29 February through June, 1992.
30 Net revenue realized for a month shall be the revenue
31 collected by the State pursuant to this Act, less the amount
32 paid out during that month as refunds to taxpayers for
33 overpayment of liability.
34 For greater simplicity of administration, manufacturers,
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1 importers and wholesalers whose products are sold at retail
2 in Illinois by numerous retailers, and who wish to do so, may
3 assume the responsibility for accounting and paying to the
4 Department all tax accruing under this Act with respect to
5 such sales, if the retailers who are affected do not make
6 written objection to the Department to this arrangement.
7 Any person who promotes, organizes, provides retail
8 selling space for concessionaires or other types of sellers
9 at the Illinois State Fair, DuQuoin State Fair, county fairs,
10 local fairs, art shows, flea markets and similar exhibitions
11 or events, including any transient merchant as defined by
12 Section 2 of the Transient Merchant Act of 1987, is required
13 to file a report with the Department providing the name of
14 the merchant's business, the name of the person or persons
15 engaged in merchant's business, the permanent address and
16 Illinois Retailers Occupation Tax Registration Number of the
17 merchant, the dates and location of the event and other
18 reasonable information that the Department may require. The
19 report must be filed not later than the 20th day of the month
20 next following the month during which the event with retail
21 sales was held. Any person who fails to file a report
22 required by this Section commits a business offense and is
23 subject to a fine not to exceed $250.
24 Any person engaged in the business of selling tangible
25 personal property at retail as a concessionaire or other type
26 of seller at the Illinois State Fair, county fairs, art
27 shows, flea markets and similar exhibitions or events, or any
28 transient merchants, as defined by Section 2 of the Transient
29 Merchant Act of 1987, may be required to make a daily report
30 of the amount of such sales to the Department and to make a
31 daily payment of the full amount of tax due. The Department
32 shall impose this requirement when it finds that there is a
33 significant risk of loss of revenue to the State at such an
34 exhibition or event. Such a finding shall be based on
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1 evidence that a substantial number of concessionaires or
2 other sellers who are not residents of Illinois will be
3 engaging in the business of selling tangible personal
4 property at retail at the exhibition or event, or other
5 evidence of a significant risk of loss of revenue to the
6 State. The Department shall notify concessionaires and other
7 sellers affected by the imposition of this requirement. In
8 the absence of notification by the Department, the
9 concessionaires and other sellers shall file their returns as
10 otherwise required in this Section.
11 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
12 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff.
13 1-1-99.)
14 Section 30. The Metropolitan Pier and Exposition
15 Authority Act is amended by changing Sections 13, 13.2, and
16 20 as follows:
17 (70 ILCS 210/13) (from Ch. 85, par. 1233)
18 Sec. 13. (a) The Authority shall not have power to levy
19 taxes for any purpose, except as provided in subsections (b),
20 (c), (d), (e), and (f).
21 (b) By ordinance the Authority shall, as soon as
22 practicable after the effective date of this amendatory Act
23 of 1991, impose a Metropolitan Pier and Exposition Authority
24 Retailers' Occupation Tax upon all persons engaged in the
25 business of selling tangible personal property at retail
26 within the territory described in this subsection at the rate
27 of 1.0% of the gross receipts (i) from the sale of food,
28 alcoholic beverages, and soft drinks sold for consumption on
29 the premises where sold and (ii) from the sale of food,
30 alcoholic beverages, and soft drinks sold for consumption off
31 the premises where sold by a retailer whose principal source
32 of gross receipts is from the sale of food, alcoholic
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1 beverages, and soft drinks prepared for immediate
2 consumption.
3 The tax imposed under this subsection and all civil
4 penalties that may be assessed as an incident to that tax
5 shall be collected and enforced by the Illinois Department of
6 Revenue. The Department shall have full power to administer
7 and enforce this subsection, to collect all taxes and
8 penalties so collected in the manner provided in this
9 subsection, and to determine all rights to credit memoranda
10 arising on account of the erroneous payment of tax or penalty
11 under this subsection. In the administration of and
12 compliance with this subsection, the Department and persons
13 who are subject to this subsection shall have the same
14 rights, remedies, privileges, immunities, powers, and duties,
15 shall be subject to the same conditions, restrictions,
16 limitations, penalties, exclusions, exemptions, and
17 definitions of terms, and shall employ the same modes of
18 procedure applicable to this Retailers' Occupation Tax as are
19 prescribed in Sections 1, 2 through 2-65 (in respect to all
20 provisions of those Sections other than the State rate of
21 taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
22 and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g,
23 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13 and, and until
24 January 1, 1994, 13.5 of the Retailers' Occupation Tax Act,
25 and, on and after January 1, 1994, all applicable provisions
26 of the Uniform Penalty and Interest Act that are not
27 inconsistent with this Act, as fully as if provisions
28 contained in those Sections of the Retailers' Occupation Tax
29 Act were set forth in this subsection.
30 Persons subject to any tax imposed under the authority
31 granted in this subsection may reimburse themselves for their
32 seller's tax liability under this subsection by separately
33 stating that tax as an additional charge, which charge may be
34 stated in combination, in a single amount, with State taxes
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1 that sellers are required to collect under the Use Tax Act,
2 pursuant to bracket schedules as the Department may
3 prescribe. The retailer filing the return shall, at the time
4 of filing the return, pay to the Department the amount of tax
5 imposed under this subsection, less a discount of 1.75%,
6 which is allowed to reimburse the retailer for the expenses
7 incurred in keeping records, preparing and filing returns,
8 remitting the tax, and supplying data to the Department on
9 request.
10 Whenever the Department determines that a refund should
11 be made under this subsection to a claimant instead of
12 issuing a credit memorandum, the Department shall notify the
13 State Comptroller, who shall cause a warrant to be drawn for
14 the amount specified and to the person named in the
15 notification from the Department. The refund shall be paid by
16 the State Treasurer out of the Metropolitan Pier and
17 Exposition Authority trust fund held by the State Treasurer
18 as trustee for the Authority.
19 Nothing in this subsection authorizes the Authority to
20 impose a tax upon the privilege of engaging in any business
21 that under the Constitution of the United States may not be
22 made the subject of taxation by this State.
23 The Department shall forthwith pay over to the State
24 Treasurer, ex officio, as trustee for the Authority, all
25 taxes and penalties collected under this subsection for
26 deposit into a trust fund held outside of the State Treasury.
27 On or before the 25th day of each calendar month, the
28 Department shall prepare and certify to the Comptroller the
29 amounts to be paid under subsection (g) of this Section,
30 which shall be the amounts, not including credit memoranda,
31 collected under this subsection during the second preceding
32 calendar month by the Department, less any amounts determined
33 by the Department to be necessary for the payment of refunds
34 and less 2% of such balance, which sum shall be deposited by
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1 the State Treasurer into the Tax Compliance and
2 Administration Fund in the State Treasury from which it shall
3 be appropriated to the Department to cover the costs of the
4 Department in administering and enforcing the provisions of
5 this subsection. Within 10 days after receipt by the
6 Comptroller of the certification, the Comptroller shall cause
7 the orders to be drawn for the remaining amounts, and the
8 Treasurer shall administer those amounts as required in
9 subsection (g).
10 A certificate of registration issued by the Illinois
11 Department of Revenue to a retailer under the Retailers'
12 Occupation Tax Act shall permit the registrant to engage in a
13 business that is taxed under the tax imposed under this
14 subsection, and no additional registration shall be required
15 under the ordinance imposing the tax or under this
16 subsection.
17 A certified copy of any ordinance imposing or
18 discontinuing any tax under this subsection or effecting a
19 change in the rate of that tax shall be filed with the
20 Department, whereupon the Department shall proceed to
21 administer and enforce this subsection on behalf of the
22 Authority as of the first day of the third calendar month
23 following the date of filing.
24 The tax authorized to be levied under this subsection may
25 be levied within all or any part of the following described
26 portions of the metropolitan area:
27 (1) that portion of the City of Chicago located
28 within the following area: Beginning at the point of
29 intersection of the Cook County - DuPage County line and
30 York Road, then North along York Road to its intersection
31 with Touhy Avenue, then east along Touhy Avenue to its
32 intersection with the Northwest Tollway, then southeast
33 along the Northwest Tollway to its intersection with Lee
34 Street, then south along Lee Street to Higgins Road, then
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1 south and east along Higgins Road to its intersection
2 with Mannheim Road, then south along Mannheim Road to its
3 intersection with Irving Park Road, then west along
4 Irving Park Road to its intersection with the Cook County
5 - DuPage County line, then north and west along the
6 county line to the point of beginning; and
7 (2) that portion of the City of Chicago located
8 within the following area: Beginning at the intersection
9 of West 55th Street with Central Avenue, then east along
10 West 55th Street to its intersection with South Cicero
11 Avenue, then south along South Cicero Avenue to its
12 intersection with West 63rd Street, then west along West
13 63rd Street to its intersection with South Central
14 Avenue, then north along South Central Avenue to the
15 point of beginning; and
16 (3) that portion of the City of Chicago located
17 within the following area: Beginning at the point 150
18 feet west of the intersection of the west line of North
19 Ashland Avenue and the north line of West Diversey
20 Avenue, then north 150 feet, then east along a line 150
21 feet north of the north line of West Diversey Avenue
22 extended to the shoreline of Lake Michigan, then
23 following the shoreline of Lake Michigan (including Navy
24 Pier and all other improvements fixed to land, docks, or
25 piers) to the point where the shoreline of Lake Michigan
26 and the Adlai E. Stevenson Expressway extended east to
27 that shoreline intersect, then west along the Adlai E.
28 Stevenson Expressway to a point 150 feet west of the west
29 line of South Ashland Avenue, then north along a line 150
30 feet west of the west line of South and North Ashland
31 Avenue to the point of beginning.
32 The tax authorized to be levied under this subsection may
33 also be levied on food, alcoholic beverages, and soft drinks
34 sold on boats and other watercraft departing from and
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1 returning to the shoreline of Lake Michigan (including Navy
2 Pier and all other improvements fixed to land, docks, or
3 piers) described in item (3).
4 (c) By ordinance the Authority shall, as soon as
5 practicable after the effective date of this amendatory Act
6 of 1991, impose an occupation tax upon all persons engaged in
7 the corporate limits of the City of Chicago in the business
8 of renting, leasing, or letting rooms in a hotel, as defined
9 in the Hotel Operators' Occupation Tax Act, at a rate of 2.5%
10 of the gross rental receipts from the renting, leasing, or
11 letting of hotel rooms within the City of Chicago, excluding,
12 however, from gross rental receipts the proceeds of renting,
13 leasing, or letting to permanent residents of a hotel, as
14 defined in that Act. Gross rental receipts shall not include
15 charges that are added on account of the liability arising
16 from any tax imposed by the State or any governmental agency
17 on the occupation of renting, leasing, or letting rooms in a
18 hotel.
19 The tax imposed by the Authority under this subsection
20 and all civil penalties that may be assessed as an incident
21 to that tax shall be collected and enforced by the Illinois
22 Department of Revenue. The certificate of registration that
23 is issued by the Department to a lessor under the Hotel
24 Operators' Occupation Tax Act shall permit that registrant to
25 engage in a business that is taxable under any ordinance
26 enacted under this subsection without registering separately
27 with the Department under that ordinance or under this
28 subsection. The Department shall have full power to
29 administer and enforce this subsection, to collect all taxes
30 and penalties due under this subsection, to dispose of taxes
31 and penalties so collected in the manner provided in this
32 subsection, and to determine all rights to credit memoranda
33 arising on account of the erroneous payment of tax or penalty
34 under this subsection. In the administration of and
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1 compliance with this subsection, the Department and persons
2 who are subject to this subsection shall have the same
3 rights, remedies, privileges, immunities, powers, and duties,
4 shall be subject to the same conditions, restrictions,
5 limitations, penalties, and definitions of terms, and shall
6 employ the same modes of procedure as are prescribed in the
7 Hotel Operators' Occupation Tax Act (except where that Act is
8 inconsistent with this subsection), as fully as if the
9 provisions contained in the Hotel Operators' Occupation Tax
10 Act were set out in this subsection.
11 Whenever the Department determines that a refund should
12 be made under this subsection to a claimant instead of
13 issuing a credit memorandum, the Department shall notify the
14 State Comptroller, who shall cause a warrant to be drawn for
15 the amount specified and to the person named in the
16 notification from the Department. The refund shall be paid by
17 the State Treasurer out of the Metropolitan Pier and
18 Exposition Authority trust fund held by the State Treasurer
19 as trustee for the Authority.
20 Persons subject to any tax imposed under the authority
21 granted in this subsection may reimburse themselves for their
22 tax liability for that tax by separately stating that tax as
23 an additional charge, which charge may be stated in
24 combination, in a single amount, with State taxes imposed
25 under the Hotel Operators' Occupation Tax Act, the municipal
26 tax imposed under Section 8-3-13 of the Illinois Municipal
27 Code, and the tax imposed under Section 19 of the Illinois
28 Sports Facilities Authority Act.
29 The person filing the return shall, at the time of filing
30 the return, pay to the Department the amount of tax, less a
31 discount of 2.1% or $25 per calendar year, whichever is
32 greater, which is allowed to reimburse the operator for the
33 expenses incurred in keeping records, preparing and filing
34 returns, remitting the tax, and supplying data to the
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1 Department on request.
2 The Department shall forthwith pay over to the State
3 Treasurer, ex officio, as trustee for the Authority, all
4 taxes and penalties collected under this subsection for
5 deposit into a trust fund held outside the State Treasury. On
6 or before the 25th day of each calendar month, the Department
7 shall certify to the Comptroller the amounts to be paid under
8 subsection (g) of this Section, which shall be the amounts
9 (not including credit memoranda) collected under this
10 subsection during the second preceding calendar month by the
11 Department, less any amounts determined by the Department to
12 be necessary for payment of refunds. Within 10 days after
13 receipt by the Comptroller of the Department's certification,
14 the Comptroller shall cause the orders to be drawn for such
15 amounts, and the Treasurer shall administer those amounts as
16 required in subsection (g).
17 A certified copy of any ordinance imposing or
18 discontinuing a tax under this subsection or effecting a
19 change in the rate of that tax shall be filed with the
20 Illinois Department of Revenue, whereupon the Department
21 shall proceed to administer and enforce this subsection on
22 behalf of the Authority as of the first day of the third
23 calendar month following the date of filing.
24 (d) By ordinance the Authority shall, as soon as
25 practicable after the effective date of this amendatory Act
26 of 1991, impose a tax upon all persons engaged in the
27 business of renting automobiles in the metropolitan area at
28 the rate of 6% of the gross receipts from that business,
29 except that no tax shall be imposed on the business of
30 renting automobiles for use as taxicabs or in livery service.
31 The tax imposed under this subsection and all civil penalties
32 that may be assessed as an incident to that tax shall be
33 collected and enforced by the Illinois Department of Revenue.
34 The certificate of registration issued by the Department to a
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1 retailer under the Retailers' Occupation Tax Act or under the
2 Automobile Renting Occupation and Use Tax Act shall permit
3 that person to engage in a business that is taxable under any
4 ordinance enacted under this subsection without registering
5 separately with the Department under that ordinance or under
6 this subsection. The Department shall have full power to
7 administer and enforce this subsection, to collect all taxes
8 and penalties due under this subsection, to dispose of taxes
9 and penalties so collected in the manner provided in this
10 subsection, and to determine all rights to credit memoranda
11 arising on account of the erroneous payment of tax or penalty
12 under this subsection. In the administration of and
13 compliance with this subsection, the Department and persons
14 who are subject to this subsection shall have the same
15 rights, remedies, privileges, immunities, powers, and duties,
16 be subject to the same conditions, restrictions, limitations,
17 penalties, and definitions of terms, and employ the same
18 modes of procedure as are prescribed in Sections 2 and 3 (in
19 respect to all provisions of those Sections other than the
20 State rate of tax; and in respect to the provisions of the
21 Retailers' Occupation Tax Act referred to in those Sections,
22 except as to the disposition of taxes and penalties
23 collected, except for the provision allowing retailers a
24 deduction from the tax to cover certain costs, and except
25 that credit memoranda issued under this subsection may not be
26 used to discharge any State tax liability) of the Automobile
27 Renting Occupation and Use Tax Act, as fully as if provisions
28 contained in those Sections of that Act were set forth in
29 this subsection.
30 Persons subject to any tax imposed under the authority
31 granted in this subsection may reimburse themselves for their
32 tax liability under this subsection by separately stating
33 that tax as an additional charge, which charge may be stated
34 in combination, in a single amount, with State tax that
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1 sellers are required to collect under the Automobile Renting
2 Occupation and Use Tax Act, pursuant to bracket schedules as
3 the Department may prescribe.
4 Whenever the Department determines that a refund should
5 be made under this subsection to a claimant instead of
6 issuing a credit memorandum, the Department shall notify the
7 State Comptroller, who shall cause a warrant to be drawn for
8 the amount specified and to the person named in the
9 notification from the Department. The refund shall be paid
10 by the State Treasurer out of the Metropolitan Pier and
11 Exposition Authority trust fund held by the State Treasurer
12 as trustee for the Authority.
13 The Department shall forthwith pay over to the State
14 Treasurer, ex officio, as trustee, all taxes and penalties
15 collected under this subsection for deposit into a trust fund
16 held outside the State Treasury. On or before the 25th day of
17 each calendar month, the Department shall certify to the
18 Comptroller the amounts to be paid under subsection (g) of
19 this Section (not including credit memoranda) collected under
20 this subsection during the second preceding calendar month by
21 the Department, less any amount determined by the Department
22 to be necessary for payment of refunds. Within 10 days after
23 receipt by the Comptroller of the Department's certification,
24 the Comptroller shall cause the orders to be drawn for such
25 amounts, and the Treasurer shall administer those amounts as
26 required in subsection (g).
27 Nothing in this subsection authorizes the Authority to
28 impose a tax upon the privilege of engaging in any business
29 that under the Constitution of the United States may not be
30 made the subject of taxation by this State.
31 A certified copy of any ordinance imposing or
32 discontinuing a tax under this subsection or effecting a
33 change in the rate of that tax shall be filed with the
34 Illinois Department of Revenue, whereupon the Department
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1 shall proceed to administer and enforce this subsection on
2 behalf of the Authority as of the first day of the third
3 calendar month following the date of filing.
4 (e) By ordinance the Authority shall, as soon as
5 practicable after the effective date of this amendatory Act
6 of 1991, impose a tax upon the privilege of using in the
7 metropolitan area an automobile that is rented from a rentor
8 outside Illinois and is titled or registered with an agency
9 of this State's government at a rate of 6% of the rental
10 price of that automobile, except that no tax shall be imposed
11 on the privilege of using automobiles rented for use as
12 taxicabs or in livery service. The tax shall be collected
13 from persons whose Illinois address for titling or
14 registration purposes is given as being in the metropolitan
15 area. The tax shall be collected by the Department of
16 Revenue for the Authority. The tax must be paid to the State
17 or an exemption determination must be obtained from the
18 Department of Revenue before the title or certificate of
19 registration for the property may be issued. The tax or
20 proof of exemption may be transmitted to the Department by
21 way of the State agency with which or State officer with whom
22 the tangible personal property must be titled or registered
23 if the Department and that agency or State officer determine
24 that this procedure will expedite the processing of
25 applications for title or registration.
26 The Department shall have full power to administer and
27 enforce this subsection, to collect all taxes, penalties, and
28 interest due under this subsection, to dispose of taxes,
29 penalties, and interest so collected in the manner provided
30 in this subsection, and to determine all rights to credit
31 memoranda or refunds arising on account of the erroneous
32 payment of tax, penalty, or interest under this subsection.
33 In the administration of and compliance with this subsection,
34 the Department and persons who are subject to this subsection
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1 shall have the same rights, remedies, privileges, immunities,
2 powers, and duties, be subject to the same conditions,
3 restrictions, limitations, penalties, and definitions of
4 terms, and employ the same modes of procedure as are
5 prescribed in Sections 2 and 4 (except provisions pertaining
6 to the State rate of tax; and in respect to the provisions of
7 the Use Tax Act referred to in that Section, except
8 provisions concerning collection or refunding of the tax by
9 retailers, except the provisions of Section 19 pertaining to
10 claims by retailers, except the last paragraph concerning
11 refunds, and except that credit memoranda issued under this
12 subsection may not be used to discharge any State tax
13 liability) of the Automobile Renting Occupation and Use Tax
14 Act, as fully as if provisions contained in those Sections of
15 that Act were set forth in this subsection.
16 Whenever the Department determines that a refund should
17 be made under this subsection to a claimant instead of
18 issuing a credit memorandum, the Department shall notify the
19 State Comptroller, who shall cause a warrant to be drawn for
20 the amount specified and to the person named in the
21 notification from the Department. The refund shall be paid
22 by the State Treasurer out of the Metropolitan Pier and
23 Exposition Authority trust fund held by the State Treasurer
24 as trustee for the Authority.
25 The Department shall forthwith pay over to the State
26 Treasurer, ex officio, as trustee, all taxes, penalties, and
27 interest collected under this subsection for deposit into a
28 trust fund held outside the State Treasury. On or before the
29 25th day of each calendar month, the Department shall certify
30 to the State Comptroller the amounts to be paid under
31 subsection (g) of this Section, which shall be the amounts
32 (not including credit memoranda) collected under this
33 subsection during the second preceding calendar month by the
34 Department, less any amounts determined by the Department to
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1 be necessary for payment of refunds. Within 10 days after
2 receipt by the State Comptroller of the Department's
3 certification, the Comptroller shall cause the orders to be
4 drawn for such amounts, and the Treasurer shall administer
5 those amounts as required in subsection (g).
6 A certified copy of any ordinance imposing or
7 discontinuing a tax or effecting a change in the rate of that
8 tax shall be filed with the Illinois Department of Revenue,
9 whereupon the Department shall proceed to administer and
10 enforce this subsection on behalf of the Authority as of the
11 first day of the third calendar month following the date of
12 filing.
13 (f) By ordinance the Authority shall, as soon as
14 practicable after the effective date of this amendatory Act
15 of 1991, impose an occupation tax on all persons, other than
16 a governmental agency, engaged in the business of providing
17 ground transportation for hire to passengers in the
18 metropolitan area at a rate of (i) $2 per taxi or livery
19 vehicle departure with passengers for hire from commercial
20 service airports in the metropolitan area, (ii) for each
21 departure with passengers for hire from a commercial service
22 airport in the metropolitan area in a bus or van operated by
23 a person other than a person described in item (iii): $9 per
24 bus or van with a capacity of 1-12 passengers, $18 per bus or
25 van with a capacity of 13-24 passengers, and $27 per bus or
26 van with a capacity of over 24 passengers, and (iii) for each
27 departure with passengers for hire from a commercial service
28 airport in the metropolitan area in a bus or van operated by
29 a person regulated by the Interstate Commerce Commission or
30 Illinois Commerce Commission, operating scheduled service
31 from the airport, and charging fares on a per passenger
32 basis: $1 per passenger for hire in each bus or van. The
33 term "commercial service airports" means those airports
34 receiving scheduled passenger service and enplaning more than
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1 100,000 passengers per year.
2 In the ordinance imposing the tax, the Authority may
3 provide for the administration and enforcement of the tax and
4 the collection of the tax from persons subject to the tax as
5 the Authority determines to be necessary or practicable for
6 the effective administration of the tax. The Authority may
7 enter into agreements as it deems appropriate with any
8 governmental agency providing for that agency to act as the
9 Authority's agent to collect the tax.
10 In the ordinance imposing the tax, the Authority may
11 designate a method or methods for persons subject to the tax
12 to reimburse themselves for the tax liability arising under
13 the ordinance (i) by separately stating the full amount of
14 the tax liability as an additional charge to passengers
15 departing the airports, (ii) by separately stating one-half
16 of the tax liability as an additional charge to both
17 passengers departing from and to passengers arriving at the
18 airports, or (iii) by some other method determined by the
19 Authority.
20 All taxes, penalties, and interest collected under any
21 ordinance adopted under this subsection, less any amounts
22 determined to be necessary for the payment of refunds, shall
23 be paid forthwith to the State Treasurer, ex officio, for
24 deposit into a trust fund held outside the State Treasury and
25 shall be administered by the State Treasurer as provided in
26 subsection (g) of this Section.
27 (g) Amounts deposited from the proceeds of taxes imposed
28 by the Authority under subsections (b), (c), (d), (e), and
29 (f) of this Section and amounts deposited under Section 19 of
30 the Illinois Sports Facilities Authority Act shall be held in
31 a trust fund outside the State Treasury and shall be
32 administered by the Treasurer as follows: first, an amount
33 necessary for the payment of refunds shall be retained in the
34 trust fund; second, the balance of the proceeds deposited in
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1 the trust fund during fiscal year 1993 shall be retained in
2 the trust fund during that year and thereafter shall be
3 administered as a reserve to fund the deposits required in
4 item "third"; third, beginning July 20, 1993, and continuing
5 each month thereafter, provided that the amount requested in
6 the certificate of the Chairman of the Authority filed under
7 Section 8.25f of the State Finance Act has been appropriated
8 for payment to the Authority, 1/8 of the annual amount
9 requested in that certificate together with any cumulative
10 deficiencies shall be transferred from the trust fund into
11 the McCormick Place Expansion Project Fund in the State
12 Treasury until 100% of the amount requested in that
13 certificate plus any cumulative deficiencies in the amounts
14 transferred into the McCormick Place Expansion Project Fund
15 under this item "third", have been so transferred; fourth,
16 the balance shall be maintained in the trust fund; fifth, on
17 July 20, 1994, and on July 20 of each year thereafter the
18 Treasurer shall calculate for the previous fiscal year the
19 surplus revenues in the trust fund and pay that amount to the
20 Authority. "Surplus revenues" shall mean the difference
21 between the amount in the trust fund on June 30 of the fiscal
22 year previous to the current fiscal year (excluding amounts
23 retained for refunds under item "first") minus the amount
24 deposited in the trust fund during fiscal year 1993 under
25 item "second". Moneys received by the Authority under item
26 "fifth" may be used solely for the purposes of paying debt
27 service on the bonds and notes issued by the Authority,
28 including early redemption of those bonds or notes, and for
29 the purposes of capital repair, replacement, and improvement
30 and rehabilitation of the grounds, buildings, and facilities
31 of the Authority Expansion Project; provided that any moneys
32 in excess of $50,000,000 held by the Authority as of June 30
33 in any fiscal year and received by the Authority under item
34 "fifth" shall be used solely for paying the debt service on
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1 or early redemption of the Authority's bonds or notes. When
2 bonds and notes issued under Section 13.2, or bonds or notes
3 issued to refund those bonds and notes, are no longer
4 outstanding, the balance in the trust fund shall be paid to
5 the Authority.
6 (h) The ordinances imposing the taxes authorized by this
7 Section shall be repealed when bonds and notes issued under
8 Section 13.2 or bonds and notes issued to refund those bonds
9 and notes are no longer outstanding.
10 (Source: P.A. 87-733; 87-879; 87-895; 87-1175; 87-1189;
11 88-45.)
12 (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
13 Sec. 13.2. The McCormick Place Expansion Project Fund is
14 created in the State Treasury. All moneys in the McCormick
15 Place Expansion Project Fund are allocated to and shall be
16 appropriated and used only for the purposes authorized by and
17 subject to the limitations and conditions of this subsection.
18 Those amounts may be appropriated by law to the Authority for
19 the purposes of paying the debt service requirements on all
20 bonds and notes, including refunding bonds and notes,
21 (collectively referred to as "bonds") to be issued by the
22 Authority under this Section in an aggregate original
23 principal amount (excluding the amount of any refunding bonds
24 and notes) not to exceed $1,037,000,000 $937,000,000 for the
25 purposes of carrying out and performing its duties and
26 exercising its powers under this Act. No refunding bonds
27 issued under this Section may mature later than the longest
28 maturity date of the series of bonds being refunded. After
29 the aggregate original principal amount of bonds authorized
30 in this subsection has been issued, the payment of any
31 principal amount of such bonds does not authorize the
32 issuance of additional bonds (except refunding bonds).
33 On the first day of each month commencing after July 1,
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1 1993, amounts, if any, on deposit in the McCormick Place
2 Expansion Project Fund shall, subject to appropriation, be
3 paid in full to the Authority or, upon its direction, to the
4 trustee or trustees for bondholders of bonds that by their
5 terms are payable from the moneys received from the McCormick
6 Place Expansion Project Fund, until an amount equal to 100%
7 of the aggregate amount of the principal and interest in the
8 fiscal year, including that pursuant to sinking fund
9 requirements, has been so paid and deficiencies in reserves
10 shall have been remedied.
11 The State of Illinois pledges to and agrees with the
12 holders of the bonds of the Metropolitan Pier and Exposition
13 Authority issued under this Section that the State will not
14 limit or alter the rights and powers vested in the Authority
15 by this Act so as to impair the terms of any contract made by
16 the Authority with those holders or in any way impair the
17 rights and remedies of those holders until the bonds,
18 together with interest thereon, interest on any unpaid
19 installments of interest, and all costs and expenses in
20 connection with any action or proceedings by or on behalf of
21 those holders are fully met and discharged; provided that any
22 increase in the Tax Act Amounts specified in Section 3 of the
23 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
24 Section 9 of the Service Use Tax Act, and Section 9 of the
25 Service Occupation Tax Act required to be deposited into the
26 Build Illinois Bond Account in the Build Illinois Fund
27 pursuant to any law hereafter enacted shall not be deemed to
28 impair the rights of such holders so long as the increase
29 does not result in the aggregate debt service payable in the
30 current or any future fiscal year of the State on all bonds
31 issued pursuant to the Build Illinois Bond Act and the
32 Metropolitan Pier and Exposition Authority Act and payable
33 from tax revenues specified in Section 3 of the Retailers'
34 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9
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1 of the Service Use Tax Act, and Section 9 of the Service
2 Occupation Tax Act exceeding 33 1/3% of such tax revenues for
3 the most recently completed fiscal year of the State at the
4 time of such increase. In addition, the State pledges to and
5 agrees with the holders of the bonds of the Authority issued
6 under this Section that the State will not limit or alter the
7 basis on which State funds are to be paid to the Authority as
8 provided in this Act or the use of those funds so as to
9 impair the terms of any such contract; provided that any
10 increase in the Tax Act Amounts specified in Section 3 of the
11 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
12 Section 9 of the Service Use Tax Act, and Section 9 of the
13 Service Occupation Tax Act required to be deposited into the
14 Build Illinois Bond Account in the Build Illinois Fund
15 pursuant to any law hereafter enacted shall not be deemed to
16 impair the terms of any such contract so long as the increase
17 does not result in the aggregate debt service payable in the
18 current or any future fiscal year of the State on all bonds
19 issued pursuant to the Build Illinois Bond Act and the
20 Metropolitan Pier and Exposition Authority Act and payable
21 from tax revenues specified in Section 3 of the Retailers'
22 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9
23 of the Service Use Tax Act, and Section 9 of the Service
24 Occupation Tax Act exceeding 33 1/3% of such tax revenues for
25 the most recently completed fiscal year of the State at the
26 time of such increase. The Authority is authorized to include
27 these pledges and agreements with the State in any contract
28 with the holders of bonds issued under this Section.
29 The State shall not be liable on bonds of the Authority
30 issued under this Section those bonds shall not be a debt of
31 the State, and this Act shall not be construed as a guarantee
32 by the State of the debts of the Authority. The bonds shall
33 contain a statement to this effect on the face of the bonds.
34 (Source: P.A. 87-733.)
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1 (70 ILCS 210/20) (from Ch. 85, par. 1240)
2 Sec. 20. Except as otherwise provided in this Section,
3 all funds deposited by the secretary-treasurer in any bank or
4 savings and loan association shall be placed in the name of
5 the Authority and shall be withdrawn or paid out only by
6 check or draft upon the bank or savings and loan association
7 according to procedures adopted by the Board.
8 Notwithstanding any other provision of this Section, the
9 Board may designate any of its members or any officer or
10 employee of the Authority to authorize the wire transfer of
11 funds deposited by the secretary-treasurer in a bank or
12 savings and loan association for the payment of payroll and
13 employee benefits-related expenses.
14 No bank or savings and loan association shall receive
15 public funds as permitted by this Section, unless it has
16 complied with the requirements established pursuant to
17 Section 6 of "An Act relating to certain investments of
18 public funds by public agencies", approved July 23, 1943, as
19 now or hereafter amended.
20 (Source: P.A. 88-193.)
21 Section 95. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 30 ILCS 105/8.25f from Ch. 127, par. 144.25f
4 35 ILCS 105/9 from Ch. 120, par. 439.9
5 35 ILCS 110/9 from Ch. 120, par. 439.39
6 35 ILCS 115/9 from Ch. 120, par. 439.109
7 35 ILCS 120/3 from Ch. 120, par. 442
8 70 ILCS 210/13 from Ch. 85, par. 1233
9 70 ILCS 210/13.2 from Ch. 85, par. 1233.2
10 70 ILCS 210/20 from Ch. 85, par. 1240