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92_SB0963 LRB9207122SMdv 1 AN ACT in relation to taxes. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Use Tax Act is amended by changing 5 Section 3-55 as follows: 6 (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55) 7 Sec. 3-55. Multistate exemption. The tax imposed by this 8 Act does not apply to the use of tangible personal property 9 in this State under the following circumstances: 10 (a) The use, in this State, of tangible personal 11 property acquired outside this State by a nonresident 12 individual and brought into this State by the individual for 13 his or her own use while temporarily within this State or 14 while passing through this State. 15 (b) The use, in this State, of tangible personal 16 property by an interstate carrier for hire as rolling stock 17 moving in interstate commerce for 3 years from the date of 18 purchase of the tangible personal property or by lessors 19 under a lease of one year or longer executed or in effect at 20 the time of purchase of tangible personal property by 21 interstate carriers for-hire for use as rolling stock moving 22 in interstate commerce. If the tangible personal property is 23 not used as rolling stock in any anniversary year following 24 the purchase of the tangible personal property but is used as 25 rolling stock in another anniversary year or years following 26 the purchase of the tangible personal property, the tangible 27 personal property shall be eligible for a partial rolling 28 stock exemption in an amount equal to the number of 29 qualifying anniversary years in which the tangible personal 30 property was used as rolling stock as the numerator and 3 31 years as the denominator bears in relationship to the -2- LRB9207122SMdv 1 purchase price of the tangible personal property. Tangible 2 personal property shall be deemed to have fully qualified for 3 the rolling stock exemption if the tangible personal property 4 is used as rolling stock moving in interstate commerce for 3 5 anniversary years following the purchase of the tangible 6 personal property. The changes made to this subsection (b) 7 by this amendatory Act of the 92nd General Assembly are 8 exempt from the provisions of Section 3-90. 9 (b-1) The use, in this State, of tangible personal 10 propertyas long as so used by the interstate carriers11for-hire,and equipment operated by a telecommunications 12 provider, licensed as a common carrier by the Federal 13 Communications Commission, which is permanently installed in 14 or affixed to aircraft moving in interstate commerce. 15 (c) The use, in this State, by owners, lessors, or 16 shippers of tangible personal property that is utilized by 17 interstate carriers for hire for use as rolling stock moving 18 in interstate commerce as long as so used by the interstate 19 carriers for hire, and equipment operated by a 20 telecommunications provider, licensed as a common carrier by 21 the Federal Communications Commission, which is permanently 22 installed in or affixed to aircraft moving in interstate 23 commerce. 24 (d) The use, in this State, of tangible personal 25 property that is acquired outside this State and caused to be 26 brought into this State by a person who has already paid a 27 tax in another State in respect to the sale, purchase, or use 28 of that property, to the extent of the amount of the tax 29 properly due and paid in the other State. 30 (e) The temporary storage, in this State, of tangible 31 personal property that is acquired outside this State and 32 that, after being brought into this State and stored here 33 temporarily, is used solely outside this State or is 34 physically attached to or incorporated into other tangible -3- LRB9207122SMdv 1 personal property that is used solely outside this State, or 2 is altered by converting, fabricating, manufacturing, 3 printing, processing, or shaping, and, as altered, is used 4 solely outside this State. 5 (f) The temporary storage in this State of building 6 materials and fixtures that are acquired either in this State 7 or outside this State by an Illinois registered combination 8 retailer and construction contractor, and that the purchaser 9 thereafter uses outside this State by incorporating that 10 property into real estate located outside this State. 11 (g) The use or purchase of tangible personal property by 12 a common carrier by rail or motor that receives the physical 13 possession of the property in Illinois, and that transports 14 the property, or shares with another common carrier in the 15 transportation of the property, out of Illinois on a standard 16 uniform bill of lading showing the seller of the property as 17 the shipper or consignor of the property to a destination 18 outside Illinois, for use outside Illinois. 19 (h) The use, in this State, of a motor vehicle that was 20 sold in this State to a nonresident, even though the motor 21 vehicle is delivered to the nonresident in this State, if the 22 motor vehicle is not to be titled in this State, and if a 23 driveaway decal permit is issued to the motor vehicle as 24 provided in Section 3-603 of the Illinois Vehicle Code or if 25 the nonresident purchaser has vehicle registration plates to 26 transfer to the motor vehicle upon returning to his or her 27 home state. The issuance of the driveaway decal permit or 28 having the out-of-state registration plates to be transferred 29 shall be prima facie evidence that the motor vehicle will not 30 be titled in this State. 31 (i) Beginning July 1, 1999, the use, in this State, of 32 fuel acquired outside this State and brought into this State 33 in the fuel supply tanks of locomotives engaged in freight 34 hauling and passenger service for interstate commerce. This -4- LRB9207122SMdv 1 subsection is exempt from the provisions of Section 3-90. 2 (Source: P.A. 90-519, eff. 6-1-98; 90-552, eff. 12-12-97; 3 91-51, eff. 6-30-99; 91-313, eff. 7-29-99; 91-587, eff. 4 8-14-99; revised 9-29-99.) 5 Section 10. The Service Use Tax Act is amended by 6 changing Section 3-45 as follows: 7 (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45) 8 Sec. 3-45. Multistate exemption. The tax imposed by this 9 Act does not apply to the use of tangible personal property 10 in this State under the following circumstances: 11 (a) The use, in this State, of property acquired outside 12 this State by a nonresident individual and brought into this 13 State by the individual for his or her own use while 14 temporarily within this State or while passing through this 15 State. 16 (b) The use, in this State, of property that is acquired 17 outside this State and that is moved into this State for use 18 as rolling stock moving in interstate commerce for 3 years 19 from the date that the property is first used in this State. 20 If the personal property is not used as rolling stock in any 21 anniversary year following the first use of the property in 22 this State, but it is used as rolling stock in another 23 anniversary year or years of its first use in this State, the 24 personal property shall be eligible for a partial rolling 25 stock exemption in an amount equal to the number of 26 qualifying anniversary years in which the tangible personal 27 property was used as rolling stock in the State as the 28 numerator and 3 years as the denominator bears in 29 relationship to the purchase price of the tangible personal 30 property. Tangible personal property shall be deemed to have 31 fully qualified for the rolling stock exemption if the 32 tangible personal property is used as rolling stock moving in -5- LRB9207122SMdv 1 interstate commerce for 3 years following the movement of the 2 property into this State for use as rolling stock moving in 3 interstate commerce. The changes made to this subsection (b) 4 by this amendatory Act of the 92nd General Assembly are 5 exempt from the provisions of Section 3-75. 6 (c) The use, in this State, of property that is acquired 7 outside this State and caused to be brought into this State 8 by a person who has already paid a tax in another state in 9 respect to the sale, purchase, or use of that property, to 10 the extent of the amount of the tax properly due and paid in 11 the other state. 12 (d) The temporary storage, in this State, of property 13 that is acquired outside this State and that after being 14 brought into this State and stored here temporarily, is used 15 solely outside this State or is physically attached to or 16 incorporated into other property that is used solely outside 17 this State, or is altered by converting, fabricating, 18 manufacturing, printing, processing, or shaping, and, as 19 altered, is used solely outside this State. 20 (e) Beginning July 1, 1999, the use, in this State, of 21 fuel acquired outside this State and brought into this State 22 in the fuel supply tanks of locomotives engaged in freight 23 hauling and passenger service for interstate commerce. This 24 subsection is exempt from the provisions of Section 3-75. 25 (Source: P.A. 91-51, eff. 6-30-99; 91-313, eff. 7-29-99; 26 91-587, eff. 8-14-99; revised 9-29-99.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.