State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_SB1853

 
                                               LRB9215615SMdv

 1        AN ACT concerning taxes.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Automobile Leasing Occupation and Use Tax Act.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Automobile"   means  any  motor  vehicle  of  the  first
 8    division, a motor vehicle of the second division which  is  a
 9    self-contained   motor   vehicle   designed   or  permanently
10    converted  to  provide  living  quarters  for   recreational,
11    camping or travel use, with direct walk through access to the
12    living quarters from the driver's seat, or a motor vehicle of
13    the  second  division  which  is  of  the  van  configuration
14    designed  for  the transportation of not less than 7 nor more
15    than 16 passengers,  as  defined  in  Section  1-146  of  the
16    Illinois Vehicle Code.
17        "Department" means the Department of Revenue.
18        "Person" means any natural individual, firm, partnership,
19    association,  joint  stock  company, joint venture, public or
20    private  corporation,  or  a  receiver,  executor,   trustee,
21    conservator,  or  other representatives appointed by order of
22    any court.
23        "Leasing" means any transfer of the possession  or  right
24    to  possession  of  an  automobile  to  a user for a valuable
25    consideration for a period of more than 1 year.
26        "Lessor"  means  any  person,   firm,   corporation,   or
27    association engaged in the business of leasing automobiles to
28    users.  For this purpose, the objective of making a profit is
29    not necessary to make the leasing activity a business.
30        "Lessee"  means  any  user to whom the possession, or the
31    right to possession, of an automobile is  transferred  for  a
 
                            -2-                LRB9215615SMdv
 1    valuable  consideration for a period more than one year which
 2    is paid by such lessee or by someone else.
 3        "Gross receipts" means the total leasing  price  for  the
 4    lease of an automobile.  In the case of lease transactions in
 5    which   the  consideration  is  paid  to  the  lessor  on  an
 6    installment basis, the amounts  of  such  payments  shall  be
 7    included  by  the  lessor  in gross receipts only as and when
 8    payments are received by the lessor.
 9        "Leasing price" means the consideration  for  leasing  an
10    automobile  valued  in  money,  whether  received in money or
11    otherwise, including cash, credits,  property  and  services,
12    and  shall  be determined without any deduction on account of
13    the cost of the property leased, the cost of materials  used,
14    labor  or  service  cost or any other expense whatsoever, but
15    does not include charges that are added by lessors on account
16    of the lessor's tax liability under this Act, or  on  account
17    of  the  lessor's  duty  to collect, from the lessee, the tax
18    that is imposed by  Section  20  of  this  Act.   The  phrase
19    "leasing  price"  does  not include the residual value of the
20    automobile or any separately stated charge  on  the  lessee's
21    bill for insurance.
22        "Maintaining   a  place  of business in this State" means
23    having or maintaining within this State,  directly  or  by  a
24    subsidiary, an office, repair facilities, distribution house,
25    sales  house,  warehouse,  or other place of business, or any
26    agent, or other representative, operating within this  State,
27    irrespective  of  whether  the  place of business or agent or
28    other  representative  is   located   here   permanently   or
29    temporarily.
30        "Residual value" means the estimated value of the vehicle
31    at the end of the scheduled lease term, used by the lessor in
32    determining  the  base  lease  payment, as established by the
33    lessor at the time the  lessor  and  lessee  enter  into  the
34    lease.
 
                            -3-                LRB9215615SMdv
 1        Section  10.  Imposition  of  occupation  tax.  A  tax is
 2    imposed upon persons engaged in this State in the business of
 3    leasing automobiles in Illinois at the  rate  of  5%  of  the
 4    gross  receipts  received from such business.  The tax herein
 5    imposed does not apply to the leasing of automobiles  to  any
 6    governmental   body,   nor   to   any  corporation,  society,
 7    association, foundation or institution organized and operated
 8    exclusively  for   charitable,   religious   or   educational
 9    purposes,  nor  to  any  not for profit corporation, society,
10    association, foundation, institution  or  organization  which
11    has  no  compensated  officers  or  employees  and  which  is
12    organized  and  operated  primarily  for  the  recreation  of
13    persons  55  years  of  age or older.  Beginning July 1, 2002
14    through June 30, 2003, each month the  Department  shall  pay
15    into  the  Tax  Compliance  and Administration Fund 3% of the
16    revenue realized from the tax imposed by  this  Section,  and
17    the  remaining  such revenue shall be paid as provided for in
18    Section 3 of the Retailers' Occupation  Tax  Act.   Beginning
19    July  1, 2003 and each month thereafter, the Department shall
20    pay into the Tax Compliance and Administration Fund 1% of the
21    revenue realized from the tax imposed by  this  Section,  and
22    the  remaining  such revenue shall be paid as provided for in
23    Section 3 of the Retailers' Occupation Tax Act.
24        The Department shall have full power  to  administer  and
25    enforce  this Section, to collect all taxes and penalties due
26    hereunder, to dispose of taxes and penalties so collected  in
27    the  manner hereinafter provided, and to determine all rights
28    to credit memoranda, arising  on  account  of  the  erroneous
29    payment  of  tax or penalty hereunder.  In the administration
30    of, and compliance with, this  Section,  the  Department  and
31    persons  who  are subject to this Section shall have the same
32    rights, remedies, privileges, immunities, powers and  duties,
33    and   be   subject  to  the  same  conditions,  restrictions,
34    limitation, penalties and definitions of  terms,  and  employ
 
                            -4-                LRB9215615SMdv
 1    the same modes of procedure, as are prescribed in Sections 1,
 2    1a,  2  through  2-65  (in  respect to all provisions therein
 3    other than the State rate of tax),  2a,  2b,  2c,  3  (except
 4    provisions   relating  to  transaction  returns  and  quarter
 5    monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,  5j,
 6    6,  6a,  6b,  6c,  7,  8,  9,  10,  11, 11a, 12 and 13 of the
 7    Retailers' Occupation Tax Act and Section 3-7 of the  Uniform
 8    Penalty and Interest Act as fully as if those provisions were
 9    set  forth  herein.  For purposes of this Section, references
10    in such incorporated Sections of  the  Retailers'  Occupation
11    Tax  Act  to  retailers,  sellers  or  persons engaged in the
12    business of selling tangible personal property means  persons
13    engaged in the leasing of automobiles under leases subject to
14    this Act.

15        Section  15.   Registration. Every person engaged in this
16    State in the business of leasing automobiles shall  apply  to
17    the  Department  (upon a form prescribed and furnished by the
18    Department) for a certificate of registration under this Act.
19    The  certificate  of  registration  that  is  issued  by  the
20    Department to a retailer under the Retailers' Occupation  Tax
21    Act  shall permit such lessor to engage in a business that is
22    taxable under this  Section  without  registering  separately
23    with the Department.

24        Section 20.  Imposition of use tax. A tax is imposed upon
25    the  privilege of using in this State, an automobile which is
26    leased from a lessor.  Such tax is at the rate of 5%  of  the
27    leasing price of such automobile paid to the lessor under any
28    lease  agreement.   The tax herein imposed shall not apply to
29    any governmental  body,  nor  to  any  corporation,  society,
30    association,   foundation   or   institution,  organized  and
31    operated exclusively for charitable, religious or educational
32    purposes, nor to any not  for  profit  corporation,  society,
 
                            -5-                LRB9215615SMdv
 1    association,  foundation,  institution  or organization which
 2    has  no  compensated  officers  or  employees  and  which  is
 3    organized  and  operated  primarily  for  the  recreation  of
 4    persons 55  years  of  age  or  older,  when  using  tangible
 5    personal  property  as  a  lessee.   Beginning  July  1, 2002
 6    through June 30, 2003, each month the  Department  shall  pay
 7    into  the  Tax  Compliance  and Administration Fund 3% of the
 8    revenue realized from the tax imposed by  this  Section,  and
 9    the  remaining  such revenue shall be paid as provided for in
10    Section 9 of the Use Tax Act.  Beginning  July  1,  2003  and
11    each  month thereafter, the Department shall pay into the Tax
12    Compliance and Administration Fund 1% of the revenue realized
13    from the tax imposed by this Section, and the remaining  such
14    revenue shall be paid as provided for in Section 9 of the Use
15    Tax Act.
16        The  Department  shall  have full power to administer and
17    enforce this Section; to collect  all  taxes,  penalties  and
18    interest  due  hereunder;  to dispose of taxes, penalties and
19    interest so collected in the manner hereinafter provided, and
20    to determine  all  rights  to  credit  memoranda  or  refunds
21    arising  on  account of the erroneous payment of tax, penalty
22    or  interest  hereunder.   In  the  administration  of,   and
23    compliance with, this Section, the Department and persons who
24    are  subject  to  this  Section  shall  have the same rights,
25    remedies, privileges, immunities, powers and duties,  and  be
26    subject  to  the  same conditions, restrictions, limitations,
27    penalties and definitions of terms, and employ the same modes
28    of procedure, as are prescribed  in  Sections  2,  3  through
29    3-80,   4,   6,  7,  8,  9  (except  provisions  relating  to
30    transaction returns and quarter monthly  payments),  10,  11,
31    12,  12a,  12b,  13, 14, 15, 19, 20, 21 and 22 of the Use Tax
32    Act, and are not inconsistent with this Section, as fully  as
33    if  those  provisions were set forth herein.  For purposes of
34    this Section, references in such incorporated Sections of the
 
                            -6-                LRB9215615SMdv
 1    Use  Tax  Act  to  users  or  purchasers  means  lessees   of
 2    automobiles under leases subject to this Act.

 3        Section  25.  Use  tax collected.  The use tax imposed by
 4    Section 20 shall be collected from the lessee and remitted to
 5    the Department by a lessor maintaining a place of business in
 6    this State or who titles or registers an automobile  with  an
 7    agency of this State's government that is used for leasing in
 8    this State.
 9        The  use  tax  imposed  by  Section  20 and not paid to a
10    lessor pursuant to the preceding paragraph  of  this  Section
11    shall  be paid to the Department directly by any person using
12    such automobile within this State.
13        Lessors shall collect the tax from lessees by adding  the
14    tax  to  the leasing price of the automobile, when leased for
15    use,  in  the  manner  prescribed  by  the  Department.   The
16    Department shall have  the  power  to  adopt  and  promulgate
17    reasonable  rules  and regulations for the adding of such tax
18    by lessors to leasing prices by prescribing  bracket  systems
19    for  the purpose of enabling such lessors to add and collect,
20    as far as practicable, the amount of such tax.
21        The tax imposed by this Section shall, when collected, be
22    stated as a distinct item on the  customer's  bill,  separate
23    and apart from the leasing price of the automobile.

24        Section   30.  Severability   clause.    If  any  clause,
25    sentence, Section, provision or part thereof of this  Act  or
26    the  application  thereof to any person or circumstance shall
27    be adjudged to be unconstitutional, the remainder of this Act
28    or its application to persons  or  circumstances  other  than
29    those  to  which  it  is  held invalid, shall not be affected
30    thereby.  In particular, if any provision  which  exempts  or
31    has  the effect of exempting some class of users or some kind
32    of use from the tax imposed by this Act  should  be  held  to
 
                            -7-                LRB9215615SMdv
 1    constitute or to result in an invalid classification or to be
 2    unconstitutional  for some other reason, such provision shall
 3    be deemed to be severable with  the  remainder  of  this  Act
 4    without said provision being held constitutional.

 5        Section 80.  The State Finance Act is amended by changing
 6    Sections 6z-18 and 6z-20 as follows:

 7        (30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
 8        Sec.  6z-18.   A portion of the money paid into the Local
 9    Government Tax Fund from sales of food for human  consumption
10    which  is  to  be  consumed off the premises where it is sold
11    (other than alcoholic beverages, soft drinks and  food  which
12    has been prepared for immediate consumption) and prescription
13    and  nonprescription medicines, drugs, medical appliances and
14    insulin, urine testing materials, syringes and  needles  used
15    by  diabetics,  which  occurred  in  municipalities, shall be
16    distributed to each municipality based upon the  sales  which
17    occurred  in  that  municipality.   The  remainder  shall  be
18    distributed  to  each  county  based  upon  the  sales  which
19    occurred in the unincorporated area of that county.
20        A portion of the money paid into the Local Government Tax
21    Fund from the 6.25% general use tax rate on the selling price
22    of  tangible  personal  property  which  is purchased outside
23    Illinois at retail from a retailer and  which  is  titled  or
24    registered  by any agency of this State's government shall be
25    distributed to municipalities as provided in this  paragraph.
26    Each  municipality  shall  receive the amount attributable to
27    sales  for  which   Illinois   addresses   for   titling   or
28    registration   purposes   are   given   as   being   in  such
29    municipality.  The remainder of the money paid into the Local
30    Government Tax Fund from such sales shall be  distributed  to
31    counties.   Each county shall receive the amount attributable
32    to  sales  for  which  Illinois  addresses  for  titling   or
 
                            -8-                LRB9215615SMdv
 1    registration  purposes  are  given  as  being  located in the
 2    unincorporated area of such county.
 3        A portion of the money paid into the Local Government Tax
 4    Fund from the 1.25% rate imposed under the Use Tax  Act  upon
 5    the  selling  price  of  any  motor vehicle that is purchased
 6    outside of Illinois at retail by a  lessor  for  purposes  of
 7    leasing  under  a  lease  subject  to  the Automobile Leasing
 8    Occupation and Use Tax Act which is titled or  registered  by
 9    any agency of this State's government shall be distributed as
10    provided  in this paragraph, less 3% for the first 12 monthly
11    distributions  and   1%   for   each   monthly   distribution
12    thereafter,  which  sum shall be paid into the Tax Compliance
13    and Administration Fund.  Each municipality shall receive the
14    amount attributable to sales for which Illinois addresses for
15    titling or registration purposes are given as being  in  such
16    municipality.  The remainder of the money paid into the Local
17    Government  Tax  Fund from such sales shall be distributed to
18    counties.  Each county shall receive the amount  attributable
19    to   sales  for  which  Illinois  addresses  for  titling  or
20    registration purposes are  given  as  being  located  in  the
21    unincorporated area of such county.
22        A portion of the money paid into the Local Government Tax
23    Fund from the 6.25% general rate (and, beginning July 1, 2000
24    and  through  December 31, 2000, the 1.25% rate on motor fuel
25    and  gasohol)  on  sales  subject  to  taxation   under   the
26    Retailers'  Occupation Tax Act and the Service Occupation Tax
27    Act, which occurred in municipalities, shall  be  distributed
28    to  each municipality, based upon the sales which occurred in
29    that municipality. The remainder shall be distributed to each
30    county,  based  upon  the  sales  which   occurred   in   the
31    unincorporated area of such county.
32        A portion of the money paid into the Local Government Tax
33    Fund from the 1.25% rate imposed by the Retailers' Occupation
34    Tax  Act  upon  the sale of any motor vehicle that is sold at
 
                            -9-                LRB9215615SMdv
 1    retail to a lessor for purposes  of  leasing  under  a  lease
 2    subject  to the Automobile Leasing Occupation and Use Tax Act
 3    shall be distributed as provided in this paragraph,  less  3%
 4    for  the  first  12  monthly  distributions  and  1% for each
 5    monthly distribution thereafter, which sum shall be paid into
 6    the Tax Compliance and Administration Fund.  The funds  shall
 7    be  distributed  to  each  municipality, based upon the sales
 8    which occurred in that municipality.  The remainder shall  be
 9    distributed  to  each  county,  based  upon  the  sales which
10    occurred in the unincorporated area of such county.
11        For the purpose of determining allocation  to  the  local
12    government unit, a retail sale by a producer of coal or other
13    mineral  mined  in  Illinois is a sale at retail at the place
14    where  the  coal  or  other  mineral  mined  in  Illinois  is
15    extracted from the earth.  This paragraph does not  apply  to
16    coal  or other mineral when it is delivered or shipped by the
17    seller to the purchaser at a point outside Illinois  so  that
18    the  sale is exempt under the United States Constitution as a
19    sale in interstate or foreign commerce.
20        Whenever the Department determines that a refund of money
21    paid into the Local Government Tax Fund should be made  to  a
22    claimant   instead   of  issuing  a  credit  memorandum,  the
23    Department shall notify  the  State  Comptroller,  who  shall
24    cause  the order to be drawn for the amount specified, and to
25    the person named, in such notification from  the  Department.
26    Such  refund  shall be paid by the State Treasurer out of the
27    Local Government Tax Fund.
28        On or before the 25th day of  each  calendar  month,  the
29    Department  shall  prepare and certify to the Comptroller the
30    disbursement of stated sums of money to named  municipalities
31    and  counties,  the  municipalities  and counties to be those
32    entitled to distribution of taxes or penalties  paid  to  the
33    Department  during  the  second preceding calendar month. The
34    amount to be paid to each municipality or county shall be the
 
                            -10-               LRB9215615SMdv
 1    amount (not including credit memoranda) collected during  the
 2    second  preceding  calendar  month by the Department and paid
 3    into the Local  Government  Tax  Fund,  plus  an  amount  the
 4    Department  determines  is  necessary  to  offset any amounts
 5    which were erroneously paid to a different taxing  body,  and
 6    not  including  an amount equal to the amount of refunds made
 7    during the second preceding calendar month by the Department,
 8    and not including any amount which the Department  determines
 9    is  necessary  to  offset  any amounts which are payable to a
10    different taxing  body  but  were  erroneously  paid  to  the
11    municipality or county.  Within 10 days after receipt, by the
12    Comptroller,   of   the  disbursement  certification  to  the
13    municipalities and counties,  provided for in this Section to
14    be  given  to  the  Comptroller  by   the   Department,   the
15    Comptroller  shall  cause  the  orders  to  be  drawn for the
16    respective  amounts  in  accordance   with   the   directions
17    contained in such certification.
18        When  certifying  the amount of monthly disbursement to a
19    municipality or county under  this  Section,  the  Department
20    shall increase or decrease that amount by an amount necessary
21    to  offset  any  misallocation of previous disbursements. The
22    offset amount  shall  be  the  amount  erroneously  disbursed
23    within  the  6  months  preceding the time a misallocation is
24    discovered.
25        The  provisions  directing  the  distributions  from  the
26    special fund in the  State  Treasury  provided  for  in  this
27    Section   shall  constitute  an  irrevocable  and  continuing
28    appropriation of all amounts as provided  herein.  The  State
29    Treasurer and State Comptroller are hereby authorized to make
30    distributions as provided in this Section.
31        In construing any development, redevelopment, annexation,
32    preannexation  or  other  lawful agreement in effect prior to
33    September 1, 1990, which describes or refers to receipts from
34    a county or municipal retailers' occupation tax, use  tax  or
 
                            -11-               LRB9215615SMdv
 1    service  occupation  tax  which  now  cannot be imposed, such
 2    description or reference  shall  be  deemed  to  include  the
 3    replacement  revenue  for  such  abolished taxes, distributed
 4    from the Local Government Tax Fund.
 5    (Source: P.A.  90-491,  eff.  1-1-98;  91-51,  eff.  6-30-99;
 6    91-872, eff. 7-1-00.)

 7        (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
 8        Sec.  6z-20. Of the money received from the 6.25% general
 9    rate (and, beginning July 1, 2000 and  through  December  31,
10    2000,  the  1.25%  rate  on  motor fuel and gasohol) on sales
11    subject to taxation under the Retailers' Occupation  Tax  Act
12    and  Service  Occupation Tax Act and paid into the County and
13    Mass Transit District  Fund,  distribution  to  the  Regional
14    Transportation   Authority  tax  fund,  created  pursuant  to
15    Section 4.03 of the Regional  Transportation  Authority  Act,
16    for deposit therein shall be made based upon the retail sales
17    occurring in a county having more than 3,000,000 inhabitants.
18    The  remainder  shall  be  distributed  to each county having
19    3,000,000 or fewer inhabitants based upon  the  retail  sales
20    occurring in each such county.
21        Of  the money received from the 1.25% rate imposed by the
22    Retailers' Occupation Tax Act upon  the  sale  of  any  motor
23    vehicle  that  is  sold at retail to a lessor for purposes of
24    leasing under a  lease  subject  to  the  Automobile  Leasing
25    Occupation and Use Tax Act, and paid into the County and Mass
26    Transit  District  Fund  shall  be distributed as provided in
27    this  paragraph,  less  3%   for   the   first   12   monthly
28    distributions   and   1%   for   each   monthly  distribution
29    thereafter, which sum shall be paid into the  Tax  Compliance
30    and  Administration  Fund.    Distribution  to  the  Regional
31    Transportation   Authority  Tax  Fund,  created  pursuant  to
32    Section 4.03 of the Regional  Transportation  Authority  Act,
33    for deposit therein shall be made based upon the retail sales
 
                            -12-               LRB9215615SMdv
 1    occurring in a county having more than 3,000,000 inhabitants.
 2    The  remainder  shall  be  distributed  to each county having
 3    3,000,000 or fewer inhabitants based upon  the  retail  sales
 4    occurring in each such county.
 5        For  the  purpose  of determining allocation to the local
 6    government unit, a retail sale by a producer of coal or other
 7    mineral mined in Illinois is a sale at retail  at  the  place
 8    where  the  coal  or  other  mineral  mined  in  Illinois  is
 9    extracted  from  the earth.  This paragraph does not apply to
10    coal or other mineral when it is delivered or shipped by  the
11    seller  to  the purchaser at a point outside Illinois so that
12    the sale is exempt under the United States Constitution as  a
13    sale in interstate or foreign commerce.
14        Of the money received from the 6.25% general use tax rate
15    on  tangible  personal  property  which  is purchased outside
16    Illinois at retail from a retailer and  which  is  titled  or
17    registered  by any agency of this State's government and paid
18    into the County and Mass Transit District  Fund,  the  amount
19    for  which  Illinois  addresses  for  titling or registration
20    purposes are given as being in each county having  more  than
21    3,000,000  inhabitants shall be distributed into the Regional
22    Transportation  Authority  tax  fund,  created  pursuant   to
23    Section  4.03  of  the Regional Transportation Authority Act.
24    The remainder of the money paid  from  such  sales  shall  be
25    distributed  to each county based on sales for which Illinois
26    addresses for titling or registration purposes are  given  as
27    being  located  in  the  county.   Any  money  paid  into the
28    Regional Transportation  Authority  Occupation  and  Use  Tax
29    Replacement  Fund  from  the County and Mass Transit District
30    Fund prior to January 14, 1991, which has not  been  paid  to
31    the Authority prior to that date, shall be transferred to the
32    Regional Transportation Authority tax fund.
33        Of  the  money received from the 1.25% rate imposed under
34    the Use Tax Act upon the selling price of any  motor  vehicle
 
                            -13-               LRB9215615SMdv
 1    that  is  purchased outside of Illinois at retail by a lessor
 2    for  purposes  of  leasing  under  a  lease  subject  to  the
 3    Automobile Leasing Occupation and Use Tax Act which is titled
 4    or registered by any agency of this State's government and is
 5    paid into the County and Mass Transit District Fund, shall be
 6    distributed as provided in this paragraph, less  3%  for  the
 7    first  12  monthly  distributions  and  1%  for  each monthly
 8    distribution thereafter, which sum shall be paid into the Tax
 9    Compliance and Administration Fund.  The   amount  for  which
10    Illinois  addresses  for titling or registration purposes are
11    given as being in each  county  having  more  than  3,000,000
12    inhabitants   shall   be   distributed   into   the  Regional
13    Transportation  Authority  Tax  Fund,  created  pursuant   to
14    Section  4.03  of  the Regional Transportation Authority Act.
15    The remainder of the moneys paid from  such  sales  shall  be
16    distributed  to each county based on sales for which Illinois
17    addresses for titling or registration purposes are  given  as
18    being located in that county.
19        Whenever the Department determines that a refund of money
20    paid into the County and Mass Transit District Fund should be
21    made  to  a  claimant instead of issuing a credit memorandum,
22    the Department shall notify the State Comptroller, who  shall
23    cause  the order to be drawn for the amount specified, and to
24    the person named, in such notification from  the  Department.
25    Such  refund  shall be paid by the State Treasurer out of the
26    County and Mass Transit District Fund.
27        On or before the 25th day of  each  calendar  month,  the
28    Department  shall  prepare and certify to the Comptroller the
29    disbursement  of  stated  sums  of  money  to  the   Regional
30    Transportation  Authority and to named counties, the counties
31    to  be  those  entitled  to  distribution,   as   hereinabove
32    provided, of taxes or penalties paid to the Department during
33    the  second  preceding calendar month.  The amount to be paid
34    to the Regional  Transportation  Authority  and  each  county
 
                            -14-               LRB9215615SMdv
 1    having  3,000,000  or  fewer  inhabitants shall be the amount
 2    (not including credit memoranda) collected during the  second
 3    preceding  calendar month by the Department and paid into the
 4    County and Mass Transit District Fund,  plus  an  amount  the
 5    Department  determines  is  necessary  to  offset any amounts
 6    which were erroneously paid to a different taxing  body,  and
 7    not  including  an amount equal to the amount of refunds made
 8    during the second preceding calendar month by the Department,
 9    and not including any amount which the Department  determines
10    is  necessary  to  offset any amounts which were payable to a
11    different taxing  body  but  were  erroneously  paid  to  the
12    Regional  Transportation Authority or county.  Within 10 days
13    after  receipt,  by  the  Comptroller,  of  the  disbursement
14    certification to the Regional  Transportation  Authority  and
15    counties,  provided  for  in  this Section to be given to the
16    Comptroller by the Department, the  Comptroller  shall  cause
17    the  orders  to  be  drawn  for  the  respective  amounts  in
18    accordance    with   the   directions   contained   in   such
19    certification.
20        When certifying the amount of a monthly  disbursement  to
21    the  Regional  Transportation  Authority or to a county under
22    this Section, the Department shall increase or decrease  that
23    amount  by an amount necessary to offset any misallocation of
24    previous disbursements.   The  offset  amount  shall  be  the
25    amount  erroneously  disbursed  within the 6 months preceding
26    the time a misallocation is discovered.
27        The  provisions  directing  the  distributions  from  the
28    special fund in the  State  Treasury  provided  for  in  this
29    Section  and  from  the Regional Transportation Authority tax
30    fund created by Section 4.03 of the  Regional  Transportation
31    Authority  Act shall constitute an irrevocable and continuing
32    appropriation of all amounts as provided  herein.  The  State
33    Treasurer and State Comptroller are hereby authorized to make
34    distributions as provided in this Section.
 
                            -15-               LRB9215615SMdv
 1        In construing any development, redevelopment, annexation,
 2    preannexation  or  other  lawful agreement in effect prior to
 3    September 1, 1990, which describes or refers to receipts from
 4    a county or municipal retailers' occupation tax, use  tax  or
 5    service  occupation  tax  which  now  cannot be imposed, such
 6    description or reference  shall  be  deemed  to  include  the
 7    replacement  revenue  for  such  abolished taxes, distributed
 8    from the County and  Mass  Transit  District  Fund  or  Local
 9    Government Distributive Fund, as the case may be.
10    (Source: P.A. 90-491, eff. 1-1-98; 91-872, eff. 7-1-00.)

11        Section  85.   The  Use  Tax  Act  is amended by changing
12    Sections 1a, 3-10, and 9 as follows:

13        (35 ILCS 105/1a) (from Ch. 120, par. 439.1a)
14        Sec. 1a. A person who  is  engaged  in  the  business  of
15    leasing  or  renting  motor  vehicles  to  others and who, in
16    connection with such business sells any used motor vehicle to
17    a purchaser for his use and not for the purpose of resale, is
18    a retailer  engaged  in  the  business  of  selling  tangible
19    personal  property  at retail under this Act to the extent of
20    the value of the  vehicle  sold.  For  the  purpose  of  this
21    Section, "motor vehicle" means any motor vehicle of the first
22    division,  a  motor vehicle of the second division which is a
23    self-contained  motor   vehicle   designed   or   permanently
24    converted   to  provide  living  quarters  for  recreational,
25    camping or travel use, with direct walk through access to the
26    living quarters from the driver's seat, or a motor vehicle of
27    a second division which is of the van configuration  designed
28    for  the  transportation  of not less than 7 nor more than 16
29    passengers, as defined  in  Section  1-146  of  the  Illinois
30    Vehicle  Code.  For  the  purpose  of  this  Section,  "motor
31    vehicle"  has  the meaning prescribed in Section 1-157 of The
32    Illinois Vehicle Code, as now or hereafter amended.  (Nothing
 
                            -16-               LRB9215615SMdv
 1    provided herein shall affect liability  incurred  under  this
 2    Act because of the use of such motor vehicles as a lessor.)
 3    (Source: P.A. 80-598.)

 4        (35 ILCS 105/3-10) (from Ch. 120, par. 439.3-10)
 5        Sec.  3-10.   Rate  of tax.  Unless otherwise provided in
 6    this Section, the tax imposed by this Act is at the  rate  of
 7    6.25%  of  either the selling price or the fair market value,
 8    if any, of the tangible  personal  property.   In  all  cases
 9    where  property  functionally used or consumed is the same as
10    the property that was purchased at retail, then  the  tax  is
11    imposed  on  the selling price of the property.  In all cases
12    where property functionally used or consumed is a  by-product
13    or  waste  product  that  has  been refined, manufactured, or
14    produced from property purchased at retail, then the  tax  is
15    imposed on the lower of the fair market value, if any, of the
16    specific  property  so  used  in this State or on the selling
17    price of the property purchased at retail.  For  purposes  of
18    this  Section  "fair  market  value" means the price at which
19    property would change hands between a  willing  buyer  and  a
20    willing  seller, neither being under any compulsion to buy or
21    sell and both having reasonable  knowledge  of  the  relevant
22    facts. The fair market value shall be established by Illinois
23    sales   by   the  taxpayer  of  the  same  property  as  that
24    functionally used or consumed, or if there are no such  sales
25    by  the  taxpayer,  then  comparable  sales  or  purchases of
26    property of like kind and character in Illinois.
27        Beginning on July 1, 2000 and through December 31,  2000,
28    with  respect to motor fuel, as defined in Section 1.1 of the
29    Motor Fuel Tax Law, and gasohol, as defined in  Section  3-40
30    of the Use Tax Act, the tax is imposed at the rate of 1.25%.
31        With  respect  to  gasohol,  the  tax imposed by this Act
32    applies to 70% of the proceeds of  sales  made  on  or  after
33    January  1, 1990, and before July 1, 2003, and to 100% of the
 
                            -17-               LRB9215615SMdv
 1    proceeds of sales made thereafter.
 2        With respect to food for human consumption that is to  be
 3    consumed  off  the  premises  where  it  is  sold (other than
 4    alcoholic beverages, soft drinks,  and  food  that  has  been
 5    prepared  for  immediate  consumption)  and  prescription and
 6    nonprescription   medicines,   drugs,   medical   appliances,
 7    modifications to a motor vehicle for the purpose of rendering
 8    it usable by a disabled person, and  insulin,  urine  testing
 9    materials, syringes, and needles used by diabetics, for human
10    use,  the  tax is imposed at the rate of 1%. For the purposes
11    of this Section, the term "soft drinks" means  any  complete,
12    finished,    ready-to-use,   non-alcoholic   drink,   whether
13    carbonated or not, including but not limited to  soda  water,
14    cola, fruit juice, vegetable juice, carbonated water, and all
15    other  preparations commonly known as soft drinks of whatever
16    kind or description that  are  contained  in  any  closed  or
17    sealed bottle, can, carton, or container, regardless of size.
18    "Soft  drinks"  does  not include coffee, tea, non-carbonated
19    water, infant formula, milk or milk products  as  defined  in
20    the Grade A Pasteurized Milk and Milk Products Act, or drinks
21    containing 50% or more natural fruit or vegetable juice.
22        Notwithstanding  any  other provisions of this Act, "food
23    for human consumption that is to be consumed off the premises
24    where it is sold" includes all food sold  through  a  vending
25    machine,  except  soft  drinks  and  food  products  that are
26    dispensed hot from  a  vending  machine,  regardless  of  the
27    location of the vending machine.
28        With  respect  to  any  motor vehicle (as the term "motor
29    vehicle" is defined in  Section  1a  of  this  Act)  that  is
30    purchased  by  a lessor for purposes of leasing under a lease
31    subject to the Automobile Leasing Occupation and Use Tax Act,
32    the tax is imposed at the rate of 1.25%.
33        With respect to any motor vehicle  (as  the  term  "motor
34    vehicle"  is defined in Section 1a of this Act) that has been
 
                            -18-               LRB9215615SMdv
 1    leased by a lessor to a lessee under a lease that is  subject
 2    to  the Automobile Leasing Occupation and Use Tax Act, and is
 3    subsequently purchased by the lessee of such vehicle, the tax
 4    is imposed at the rate of 5%.
 5        If the property  that  is  purchased  at  retail  from  a
 6    retailer  is  acquired  outside  Illinois  and  used  outside
 7    Illinois before being brought to Illinois for use here and is
 8    taxable  under this Act, the "selling price" on which the tax
 9    is computed shall be reduced by an amount that  represents  a
10    reasonable allowance for depreciation for the period of prior
11    out-of-state use.
12    (Source:  P.A.  90-605,  eff.  6-30-98; 90-606, eff. 6-30-98;
13    91-51, eff. 6-30-99; 91-872, eff. 7-1-00.)

14        (35 ILCS 105/9) (from Ch. 120, par. 439.9)
15        Sec.  9.  Except  as  to  motor   vehicles,   watercraft,
16    aircraft,  and  trailers  that  are required to be registered
17    with an agency of  this  State,  each  retailer  required  or
18    authorized  to  collect the tax imposed by this Act shall pay
19    to the Department the amount of such tax (except as otherwise
20    provided) at the time when he is required to file his  return
21    for  the  period  during which such tax was collected, less a
22    discount of 2.1% prior to January 1, 1990, and 1.75%  on  and
23    after  January 1, 1990, or $5 per calendar year, whichever is
24    greater, which is  allowed  to  reimburse  the  retailer  for
25    expenses  incurred  in  collecting  the tax, keeping records,
26    preparing and filing returns, remitting the tax and supplying
27    data to the Department on request.  In the case of  retailers
28    who  report  and  pay the tax on a transaction by transaction
29    basis, as provided in this Section, such  discount  shall  be
30    taken  with  each  such  tax  remittance instead of when such
31    retailer files his periodic  return.   A  retailer  need  not
32    remit  that  part  of  any tax collected by him to the extent
33    that he is required to remit and does remit the  tax  imposed
 
                            -19-               LRB9215615SMdv
 1    by  the  Retailers'  Occupation  Tax Act, with respect to the
 2    sale of the same property.
 3        Where such tangible personal property  is  sold  under  a
 4    conditional  sales  contract, or under any other form of sale
 5    wherein the payment of the principal sum, or a part  thereof,
 6    is  extended  beyond  the  close  of the period for which the
 7    return is filed, the retailer, in collecting the tax  (except
 8    as to motor vehicles, watercraft, aircraft, and trailers that
 9    are  required to be registered with an agency of this State),
10    may  collect  for  each  tax  return  period,  only  the  tax
11    applicable  to  that  part  of  the  selling  price  actually
12    received during such tax return period.
13        Except as provided in this  Section,  on  or  before  the
14    twentieth  day  of  each  calendar month, such retailer shall
15    file a return for the preceding calendar month.  Such  return
16    shall  be  filed  on  forms  prescribed by the Department and
17    shall  furnish  such  information  as  the   Department   may
18    reasonably require.
19        The  Department  may  require  returns  to  be filed on a
20    quarterly basis.  If so required, a return for each  calendar
21    quarter  shall be filed on or before the twentieth day of the
22    calendar month following the end of  such  calendar  quarter.
23    The taxpayer shall also file a return with the Department for
24    each  of the first two months of each calendar quarter, on or
25    before the twentieth day of  the  following  calendar  month,
26    stating:
27             1.  The name of the seller;
28             2.  The  address  of the principal place of business
29        from which he engages in the business of selling tangible
30        personal property at retail in this State;
31             3.  The total amount of taxable receipts received by
32        him during the preceding calendar  month  from  sales  of
33        tangible  personal  property by him during such preceding
34        calendar month, including receipts from charge  and  time
 
                            -20-               LRB9215615SMdv
 1        sales, but less all deductions allowed by law;
 2             4.  The  amount  of credit provided in Section 2d of
 3        this Act;
 4             5.  The amount of tax due;
 5             5-5.  The signature of the taxpayer; and
 6             6.  Such  other  reasonable   information   as   the
 7        Department may require.
 8        If a taxpayer fails to sign a return within 30 days after
 9    the proper notice and demand for signature by the Department,
10    the  return shall be considered valid and any amount shown to
11    be due on the return shall be deemed assessed.
12        Beginning October 1, 1993, a taxpayer who has an  average
13    monthly  tax  liability  of  $150,000  or more shall make all
14    payments required by rules of the  Department  by  electronic
15    funds transfer. Beginning October 1, 1994, a taxpayer who has
16    an  average  monthly  tax liability of $100,000 or more shall
17    make all payments required by  rules  of  the  Department  by
18    electronic  funds  transfer.  Beginning  October  1,  1995, a
19    taxpayer who has an average monthly tax liability of  $50,000
20    or  more  shall  make  all  payments required by rules of the
21    Department by electronic funds transfer. Beginning October 1,
22    2000, a taxpayer who has an annual tax liability of  $200,000
23    or  more  shall  make  all  payments required by rules of the
24    Department by electronic funds transfer.   The  term  "annual
25    tax liability" shall be the sum of the taxpayer's liabilities
26    under   this  Act,  and  under  all  other  State  and  local
27    occupation and use tax laws administered by  the  Department,
28    for   the  immediately  preceding  calendar  year.  The  term
29    "average  monthly  tax  liability"  means  the  sum  of   the
30    taxpayer's  liabilities  under  this Act, and under all other
31    State and local occupation and use tax laws  administered  by
32    the  Department,  for the immediately preceding calendar year
33    divided by 12. Beginning on October 1, 2002, a  taxpayer  who
34    has a tax liability in the amount set forth in subsection (b)
 
                            -21-               LRB9215615SMdv
 1    of  Section  2505-210  of the Department of Revenue Law shall
 2    make all payments required by  rules  of  the  Department  by
 3    electronic funds transfer.
 4        Before  August  1  of  each  year  beginning in 1993, the
 5    Department  shall  notify  all  taxpayers  required  to  make
 6    payments by electronic funds transfer. All taxpayers required
 7    to make payments by  electronic  funds  transfer  shall  make
 8    those payments for a minimum of one year beginning on October
 9    1.
10        Any  taxpayer not required to make payments by electronic
11    funds transfer may make payments by electronic funds transfer
12    with the permission of the Department.
13        All taxpayers required  to  make  payment  by  electronic
14    funds  transfer  and  any taxpayers authorized to voluntarily
15    make payments by electronic funds transfer shall  make  those
16    payments in the manner authorized by the Department.
17        The Department shall adopt such rules as are necessary to
18    effectuate  a  program  of  electronic funds transfer and the
19    requirements of this Section.
20        Before October 1, 2000, if the taxpayer's average monthly
21    tax  liability  to  the  Department  under  this   Act,   the
22    Retailers'  Occupation  Tax  Act,  the Service Occupation Tax
23    Act, the Service Use Tax Act was $10,000 or more  during  the
24    preceding  4  complete  calendar  quarters,  he  shall file a
25    return with the Department each month by the 20th day of  the
26    month   next  following  the  month  during  which  such  tax
27    liability  is  incurred  and  shall  make  payments  to   the
28    Department  on  or before the 7th, 15th, 22nd and last day of
29    the month during which such liability  is  incurred.  On  and
30    after  October 1, 2000, if the taxpayer's average monthly tax
31    liability to the Department under this  Act,  the  Retailers'
32    Occupation  Tax  Act, the Service Occupation Tax Act, and the
33    Service Use Tax Act was $20,000 or more during the  preceding
34    4 complete calendar quarters, he shall file a return with the
 
                            -22-               LRB9215615SMdv
 1    Department  each  month  by  the  20th  day of the month next
 2    following the  month  during  which  such  tax  liability  is
 3    incurred  and  shall  make  payment  to  the Department on or
 4    before the 7th, 15th, 22nd and last day of the  month  during
 5    which  such  liability is incurred. If the month during which
 6    such tax liability is incurred  began  prior  to  January  1,
 7    1985,  each payment shall be in an amount equal to 1/4 of the
 8    taxpayer's actual liability for the month or an amount set by
 9    the Department not to  exceed  1/4  of  the  average  monthly
10    liability of the taxpayer to the Department for the preceding
11    4  complete calendar quarters (excluding the month of highest
12    liability and the month of lowest liability in such 4 quarter
13    period).  If the month during which  such  tax  liability  is
14    incurred  begins  on  or  after January 1, 1985, and prior to
15    January 1, 1987, each payment shall be in an amount equal  to
16    22.5%  of  the  taxpayer's  actual liability for the month or
17    27.5% of the taxpayer's liability for the same calendar month
18    of the preceding year.  If the month during  which  such  tax
19    liability is incurred begins on or after January 1, 1987, and
20    prior  to January 1, 1988, each payment shall be in an amount
21    equal to 22.5% of the taxpayer's  actual  liability  for  the
22    month  or  26.25%  of  the  taxpayer's liability for the same
23    calendar month of the preceding year.  If  the  month  during
24    which  such  tax  liability  is  incurred  begins on or after
25    January 1, 1988, and prior to January 1, 1989, or  begins  on
26    or  after January 1, 1996, each payment shall be in an amount
27    equal to 22.5% of the taxpayer's  actual  liability  for  the
28    month  or  25%  of  the  taxpayer's  liability  for  the same
29    calendar month of the preceding year.  If  the  month  during
30    which  such  tax  liability  is  incurred  begins on or after
31    January 1, 1989, and prior to January 1, 1996,  each  payment
32    shall be in an amount equal to 22.5% of the taxpayer's actual
33    liability  for  the  month or 25% of the taxpayer's liability
34    for the same calendar month of the preceding year or 100%  of
 
                            -23-               LRB9215615SMdv
 1    the  taxpayer's  actual  liability  for  the  quarter monthly
 2    reporting  period.   The  amount  of  such  quarter   monthly
 3    payments shall be credited against the final tax liability of
 4    the  taxpayer's  return  for  that  month.  Before October 1,
 5    2000, once applicable,  the  requirement  of  the  making  of
 6    quarter  monthly  payments  to  the Department shall continue
 7    until  such  taxpayer's  average  monthly  liability  to  the
 8    Department during the preceding 4 complete calendar  quarters
 9    (excluding  the  month  of highest liability and the month of
10    lowest  liability)  is  less  than  $9,000,  or  until   such
11    taxpayer's  average  monthly  liability  to the Department as
12    computed  for  each  calendar  quarter  of  the  4  preceding
13    complete  calendar  quarter  period  is  less  than  $10,000.
14    However, if  a  taxpayer  can  show  the  Department  that  a
15    substantial  change  in  the taxpayer's business has occurred
16    which causes the taxpayer  to  anticipate  that  his  average
17    monthly  tax  liability for the reasonably foreseeable future
18    will fall below the $10,000 threshold stated above, then such
19    taxpayer may petition  the  Department  for  change  in  such
20    taxpayer's  reporting  status.  On and after October 1, 2000,
21    once applicable, the requirement of  the  making  of  quarter
22    monthly  payments to the Department shall continue until such
23    taxpayer's average monthly liability to the Department during
24    the preceding 4 complete  calendar  quarters  (excluding  the
25    month of highest liability and the month of lowest liability)
26    is less than $19,000 or until such taxpayer's average monthly
27    liability  to  the  Department  as computed for each calendar
28    quarter of the 4 preceding complete calendar  quarter  period
29    is  less  than  $20,000.  However, if a taxpayer can show the
30    Department  that  a  substantial  change  in  the  taxpayer's
31    business has occurred which causes the taxpayer to anticipate
32    that his average monthly tax  liability  for  the  reasonably
33    foreseeable  future  will  fall  below  the $20,000 threshold
34    stated above, then such taxpayer may petition the  Department
 
                            -24-               LRB9215615SMdv
 1    for  a  change  in  such  taxpayer's  reporting  status.  The
 2    Department shall  change  such  taxpayer's  reporting  status
 3    unless  it  finds  that such change is seasonal in nature and
 4    not likely to be long  term.  If  any  such  quarter  monthly
 5    payment  is not paid at the time or in the amount required by
 6    this Section, then the taxpayer shall be liable for penalties
 7    and interest on the difference between the minimum amount due
 8    and the amount of such quarter monthly payment  actually  and
 9    timely  paid,  except  insofar as the taxpayer has previously
10    made payments for that month to the Department in  excess  of
11    the  minimum  payments  previously  due  as  provided in this
12    Section.  The Department  shall  make  reasonable  rules  and
13    regulations  to govern the quarter monthly payment amount and
14    quarter monthly payment dates for taxpayers who file on other
15    than a calendar monthly basis.
16        If any such payment provided for in this Section  exceeds
17    the  taxpayer's  liabilities  under  this Act, the Retailers'
18    Occupation Tax Act, the Service Occupation Tax  Act  and  the
19    Service  Use Tax Act, as shown by an original monthly return,
20    the  Department  shall  issue  to  the  taxpayer   a   credit
21    memorandum  no  later than 30 days after the date of payment,
22    which memorandum may be submitted  by  the  taxpayer  to  the
23    Department  in  payment  of  tax liability subsequently to be
24    remitted by the taxpayer to the Department or be assigned  by
25    the  taxpayer  to  a  similar  taxpayer  under  this Act, the
26    Retailers' Occupation Tax Act, the Service Occupation Tax Act
27    or the Service Use Tax Act,  in  accordance  with  reasonable
28    rules  and  regulations  to  be prescribed by the Department,
29    except that if such excess payment is shown  on  an  original
30    monthly return and is made after December 31, 1986, no credit
31    memorandum shall be issued, unless requested by the taxpayer.
32    If  no  such  request  is  made, the taxpayer may credit such
33    excess payment  against  tax  liability  subsequently  to  be
34    remitted  by  the  taxpayer to the Department under this Act,
 
                            -25-               LRB9215615SMdv
 1    the Retailers' Occupation Tax Act, the Service Occupation Tax
 2    Act or the Service Use Tax Act, in accordance with reasonable
 3    rules and regulations prescribed by the Department.   If  the
 4    Department  subsequently  determines  that all or any part of
 5    the credit taken was not actually due to  the  taxpayer,  the
 6    taxpayer's  2.1%  or 1.75% vendor's discount shall be reduced
 7    by 2.1% or 1.75% of the difference between the  credit  taken
 8    and  that  actually due, and the taxpayer shall be liable for
 9    penalties and interest on such difference.
10        If the retailer is otherwise required to file  a  monthly
11    return and if the retailer's average monthly tax liability to
12    the  Department  does  not  exceed  $200,  the Department may
13    authorize his returns to be filed on a quarter annual  basis,
14    with  the  return for January, February, and March of a given
15    year being due by April 20 of such year; with the return  for
16    April,  May  and June of a given year being due by July 20 of
17    such year; with the return for July, August and September  of
18    a  given  year being due by October 20 of such year, and with
19    the return for October, November and December of a given year
20    being due by January 20 of the following year.
21        If the retailer is otherwise required to file  a  monthly
22    or quarterly return and if the retailer's average monthly tax
23    liability   to  the  Department  does  not  exceed  $50,  the
24    Department may authorize his returns to be filed on an annual
25    basis, with the return for a given year being due by  January
26    20 of the following year.
27        Such  quarter  annual  and annual returns, as to form and
28    substance, shall be  subject  to  the  same  requirements  as
29    monthly returns.
30        Notwithstanding   any   other   provision   in  this  Act
31    concerning the time within which  a  retailer  may  file  his
32    return, in the case of any retailer who ceases to engage in a
33    kind  of  business  which  makes  him  responsible for filing
34    returns under this Act, such  retailer  shall  file  a  final
 
                            -26-               LRB9215615SMdv
 1    return  under  this Act with the Department not more than one
 2    month after discontinuing such business.
 3        In addition, with respect to motor vehicles,  watercraft,
 4    aircraft,  and  trailers  that  are required to be registered
 5    with an agency of this State,  every  retailer  selling  this
 6    kind  of  tangible  personal  property  shall  file, with the
 7    Department, upon a form to be prescribed and supplied by  the
 8    Department,  a separate return for each such item of tangible
 9    personal property which the retailer sells, except  that  if,
10    in   the  same  transaction,  (i)  a  retailer  of  aircraft,
11    watercraft, motor vehicles or trailers  transfers  more  than
12    one aircraft, watercraft, motor vehicle or trailer to another
13    aircraft,  watercraft,  motor vehicle or trailer retailer for
14    the purpose  of  resale  or  (ii)  a  retailer  of  aircraft,
15    watercraft,  motor  vehicles, or trailers transfers more than
16    one aircraft, watercraft, motor  vehicle,  or  trailer  to  a
17    purchaser  for  use as a qualifying rolling stock as provided
18    in Section 3-55 of this Act, then that seller may report  the
19    transfer  of  all the aircraft, watercraft, motor vehicles or
20    trailers involved in that transaction to  the  Department  on
21    the  same  uniform invoice-transaction reporting return form.
22    For purposes of this Section, "watercraft" means a  Class  2,
23    Class  3,  or Class 4 watercraft as defined in Section 3-2 of
24    the Boat Registration and Safety Act, a personal  watercraft,
25    or any boat equipped with an inboard motor.
26        The  transaction  reporting  return  in the case of motor
27    vehicles or trailers that are required to be registered  with
28    an  agency  of  this State, shall be the same document as the
29    Uniform Invoice referred to in Section 5-402 of the  Illinois
30    Vehicle  Code  and  must  show  the  name  and address of the
31    seller; the name and address of the purchaser; the amount  of
32    the  selling  price  including  the  amount  allowed  by  the
33    retailer  for  traded-in property, if any; the amount allowed
34    by the retailer for the traded-in tangible personal property,
 
                            -27-               LRB9215615SMdv
 1    if any, to the extent to which Section 2 of this  Act  allows
 2    an exemption for the value of traded-in property; the balance
 3    payable  after  deducting  such  trade-in  allowance from the
 4    total selling price; the amount of tax due from the  retailer
 5    with respect to such transaction; the amount of tax collected
 6    from  the  purchaser  by the retailer on such transaction (or
 7    satisfactory evidence that  such  tax  is  not  due  in  that
 8    particular  instance, if that is claimed to be the fact); the
 9    place and date of the sale; a  sufficient  identification  of
10    the  property  sold; such other information as is required in
11    Section 5-402 of the Illinois Vehicle Code,  and  such  other
12    information as the Department may reasonably require.
13        The   transaction   reporting   return  in  the  case  of
14    watercraft and aircraft 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 2 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,  and  such  other  information  as  the
29    Department may reasonably require.
30        Such transaction reporting  return  shall  be  filed  not
31    later  than  20  days  after the date of delivery of the item
32    that is being sold, but may be filed by the retailer  at  any
33    time   sooner  than  that  if  he  chooses  to  do  so.   The
34    transaction reporting return and tax remittance or  proof  of
 
                            -28-               LRB9215615SMdv
 1    exemption  from  the  tax  that is imposed by this Act may be
 2    transmitted to the Department by way of the State agency with
 3    which, or State officer  with  whom,  the  tangible  personal
 4    property   must  be  titled  or  registered  (if  titling  or
 5    registration is required) if the Department and  such  agency
 6    or  State officer determine that this procedure will expedite
 7    the processing of applications for title or registration.
 8        With each such transaction reporting return, the retailer
 9    shall remit the proper amount of tax  due  (or  shall  submit
10    satisfactory evidence that the sale is not taxable if that is
11    the  case),  to  the  Department or its agents, whereupon the
12    Department shall  issue,  in  the  purchaser's  name,  a  tax
13    receipt  (or  a certificate of exemption if the Department is
14    satisfied that the particular sale is tax exempt) which  such
15    purchaser  may  submit  to  the  agency  with which, or State
16    officer with whom, he must title  or  register  the  tangible
17    personal   property   that   is   involved   (if  titling  or
18    registration is required)  in  support  of  such  purchaser's
19    application  for an Illinois certificate or other evidence of
20    title or registration to such tangible personal property.
21        No retailer's failure or refusal to remit tax under  this
22    Act  precludes  a  user,  who  has paid the proper tax to the
23    retailer, from obtaining his certificate of  title  or  other
24    evidence of title or registration (if titling or registration
25    is  required)  upon  satisfying the Department that such user
26    has paid the proper tax (if tax is due) to the retailer.  The
27    Department shall adopt appropriate rules  to  carry  out  the
28    mandate of this paragraph.
29        If  the  user who would otherwise pay tax to the retailer
30    wants the transaction reporting return filed and the  payment
31    of  tax  or  proof of exemption made to the Department before
32    the retailer is willing to take these actions and  such  user
33    has  not  paid the tax to the retailer, such user may certify
34    to the fact of such delay by the retailer, and may (upon  the
 
                            -29-               LRB9215615SMdv
 1    Department   being   satisfied   of   the   truth   of   such
 2    certification)  transmit  the  information  required  by  the
 3    transaction  reporting  return  and the remittance for tax or
 4    proof of exemption directly to the Department and obtain  his
 5    tax  receipt  or  exemption determination, in which event the
 6    transaction reporting return and tax  remittance  (if  a  tax
 7    payment  was required) shall be credited by the Department to
 8    the  proper  retailer's  account  with  the  Department,  but
 9    without the 2.1% or  1.75%  discount  provided  for  in  this
10    Section  being  allowed.  When the user pays the tax directly
11    to the Department, he shall pay the tax in  the  same  amount
12    and in the same form in which it would be remitted if the tax
13    had been remitted to the Department by the retailer.
14        Where  a  retailer  collects  the tax with respect to the
15    selling price of tangible personal property  which  he  sells
16    and  the  purchaser thereafter returns such tangible personal
17    property and the retailer refunds the selling  price  thereof
18    to  the  purchaser,  such  retailer shall also refund, to the
19    purchaser, the tax so  collected  from  the  purchaser.  When
20    filing his return for the period in which he refunds such tax
21    to  the  purchaser, the retailer may deduct the amount of the
22    tax so refunded by him to the purchaser from  any  other  use
23    tax  which  such  retailer may be required to pay or remit to
24    the Department, as shown by such return, if the amount of the
25    tax to be deducted was previously remitted to the  Department
26    by  such  retailer.   If  the  retailer  has  not  previously
27    remitted  the  amount  of  such  tax to the Department, he is
28    entitled to no deduction under this Act upon  refunding  such
29    tax to the purchaser.
30        Any  retailer  filing  a  return under this Section shall
31    also include (for the purpose  of  paying  tax  thereon)  the
32    total  tax  covered  by such return upon the selling price of
33    tangible personal property purchased by him at retail from  a
34    retailer, but as to which the tax imposed by this Act was not
 
                            -30-               LRB9215615SMdv
 1    collected  from  the  retailer  filing  such return, and such
 2    retailer shall remit the amount of such tax to the Department
 3    when filing such return.
 4        If experience indicates such action  to  be  practicable,
 5    the  Department  may  prescribe  and furnish a combination or
 6    joint return which will enable retailers, who are required to
 7    file  returns  hereunder  and  also  under   the   Retailers'
 8    Occupation  Tax  Act,  to  furnish all the return information
 9    required by both Acts on the one form.
10        Where the retailer has more than one business  registered
11    with  the  Department  under separate registration under this
12    Act, such retailer may not file each return that is due as  a
13    single  return  covering  all such registered businesses, but
14    shall  file  separate  returns  for  each   such   registered
15    business.
16        Beginning  January  1,  1990,  each  month the Department
17    shall pay into the State and Local Sales Tax Reform  Fund,  a
18    special  fund  in the State Treasury which is hereby created,
19    the net revenue realized for the preceding month from the  1%
20    tax  on  sales  of  food for human consumption which is to be
21    consumed off the  premises  where  it  is  sold  (other  than
22    alcoholic  beverages,  soft  drinks  and  food which has been
23    prepared for  immediate  consumption)  and  prescription  and
24    nonprescription  medicines,  drugs,  medical  appliances  and
25    insulin,  urine  testing materials, syringes and needles used
26    by diabetics.
27        Beginning January 1,  1990,  each  month  the  Department
28    shall  pay  into the County and Mass Transit District Fund 4%
29    of the net revenue realized for the preceding month from  the
30    6.25%  general rate on the selling price of tangible personal
31    property which is purchased outside Illinois at retail from a
32    retailer and which is titled or registered by  an  agency  of
33    this State's government.
34        Beginning  January  1,  1990,  each  month the Department
 
                            -31-               LRB9215615SMdv
 1    shall pay into the State and Local Sales Tax Reform  Fund,  a
 2    special  fund  in  the State Treasury, 20% of the net revenue
 3    realized for the preceding month from the 6.25% general  rate
 4    on  the  selling  price  of tangible personal property, other
 5    than tangible personal property which  is  purchased  outside
 6    Illinois  at  retail  from  a retailer and which is titled or
 7    registered by an agency of this State's government.
 8        Beginning August 1, 2000, each month the Department shall
 9    pay into the State and Local Sales Tax Reform  Fund  100%  of
10    the  net  revenue  realized  for the preceding month from the
11    1.25% rate on the selling price of motor fuel and gasohol.
12        Each month the Department shall pay into the  County  and
13    Mass  Transit  District Fund 20% the net revenue realized for
14    the preceding month from the  1.25%  rate  imposed  upon  the
15    selling  price of any motor vehicle that is purchased outside
16    Illinois at retail by a lessor for purposes of leasing  under
17    a  lease subject to the Automobile Leasing Occupation and Use
18    Tax Act and which is titled or registered  by  an  agency  of
19    this State's government.
20        Beginning  January  1,  1990,  each  month the Department
21    shall pay into the Local Government Tax Fund 16% of  the  net
22    revenue  realized  for  the  preceding  month  from the 6.25%
23    general rate  on  the  selling  price  of  tangible  personal
24    property which is purchased outside Illinois at retail from a
25    retailer  and  which  is titled or registered by an agency of
26    this State's government.
27        Each month  the  Department  shall  pay  into  the  Local
28    Government  Tax  Fund 80% of the net revenue realized for the
29    preceding month from the 1.25% rate imposed upon the  selling
30    price of any motor vehicle that is purchased outside Illinois
31    at  retail  by a lessor for purposes of leasing under a lease
32    subject to the Automobile Leasing Occupation and Use Tax  Act
33    and  which  is  titled  or  registered  by  an agency of this
34    State's government.
 
                            -32-               LRB9215615SMdv
 1        Of the remainder of the moneys received by the Department
 2    pursuant to this Act, and including all  moneys  received  by
 3    the  Department  under  Section  20 of the Automobile Leasing
 4    Occupation and Use Tax Act and including all  of  the  moneys
 5    received  pursuant  to  the  5% rate imposed upon the selling
 6    price of any motor vehicle that is purchased from lessors  by
 7    lessees  of such vehicles in connection with a lease that was
 8    subject to the Automobile Leasing Occupation and Use Tax  Act
 9    (a)  1.75% thereof shall be paid into the Build Illinois Fund
10    and (b) prior to July 1, 1989, 2.2% and on and after July  1,
11    1989,  3.8%  thereof  shall  be  paid into the Build Illinois
12    Fund; provided, however, that if in any fiscal year  the  sum
13    of  (1) the aggregate of 2.2% or 3.8%, as the case may be, of
14    the moneys received by the Department and required to be paid
15    into the Build Illinois Fund pursuant to  Section  3  of  the
16    Retailers'  Occupation Tax Act, Section 9 of the Use Tax Act,
17    Section 9 of the Service Use Tax Act, and Section  9  of  the
18    Service  Occupation  Tax  Act,  such  Acts  being hereinafter
19    called the "Tax Acts" and such aggregate of 2.2% or 3.8%,  as
20    the  case may be, of moneys being hereinafter called the "Tax
21    Act Amount", and (2) the  amount  transferred  to  the  Build
22    Illinois  Fund from the State and Local Sales Tax Reform Fund
23    shall be less than the Annual Specified Amount (as defined in
24    Section 3 of the Retailers' Occupation Tax  Act),  an  amount
25    equal  to  the  difference shall be immediately paid into the
26    Build  Illinois  Fund  from  other  moneys  received  by  the
27    Department pursuant to the Tax Acts;  and  further  provided,
28    that  if on the last business day of any month the sum of (1)
29    the Tax Act Amount required to be deposited  into  the  Build
30    Illinois  Bond Account in the Build Illinois Fund during such
31    month and (2) the amount transferred during such month to the
32    Build Illinois Fund from the State and Local Sales Tax Reform
33    Fund shall have been less than 1/12 of the  Annual  Specified
34    Amount,   an   amount   equal  to  the  difference  shall  be
 
                            -33-               LRB9215615SMdv
 1    immediately paid into the  Build  Illinois  Fund  from  other
 2    moneys  received  by the Department pursuant to the Tax Acts;
 3    and, further provided, that in no event  shall  the  payments
 4    required  under  the  preceding  proviso  result in aggregate
 5    payments into the Build Illinois Fund pursuant to this clause
 6    (b) for any fiscal year in excess of the greater of  (i)  the
 7    Tax  Act  Amount or (ii) the Annual Specified Amount for such
 8    fiscal year; and, further provided, that the amounts  payable
 9    into  the  Build Illinois Fund under this clause (b) shall be
10    payable only until such  time  as  the  aggregate  amount  on
11    deposit  under each trust indenture securing Bonds issued and
12    outstanding pursuant  to  the  Build  Illinois  Bond  Act  is
13    sufficient, taking into account any future investment income,
14    to  fully provide, in accordance with such indenture, for the
15    defeasance of or the payment of the principal of, premium, if
16    any, and interest on the Bonds secured by such indenture  and
17    on  any  Bonds  expected to be issued thereafter and all fees
18    and costs payable with respect thereto, all as  certified  by
19    the  Director  of  the  Bureau of the Budget.  If on the last
20    business day of any month  in  which  Bonds  are  outstanding
21    pursuant to the Build Illinois Bond Act, the aggregate of the
22    moneys  deposited  in  the Build Illinois Bond Account in the
23    Build Illinois Fund in such month  shall  be  less  than  the
24    amount  required  to  be  transferred  in such month from the
25    Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
26    Retirement  and  Interest  Fund pursuant to Section 13 of the
27    Build Illinois Bond Act, an amount equal to  such  deficiency
28    shall  be  immediately paid from other moneys received by the
29    Department pursuant to the Tax Acts  to  the  Build  Illinois
30    Fund;  provided,  however, that any amounts paid to the Build
31    Illinois Fund in any fiscal year pursuant  to  this  sentence
32    shall be deemed to constitute payments pursuant to clause (b)
33    of  the  preceding  sentence  and  shall  reduce  the  amount
34    otherwise payable for such fiscal year pursuant to clause (b)
 
                            -34-               LRB9215615SMdv
 1    of  the  preceding  sentence.   The  moneys  received  by the
 2    Department pursuant to this Act and required to be  deposited
 3    into the Build Illinois Fund are subject to the pledge, claim
 4    and charge set forth in Section 12 of the Build Illinois Bond
 5    Act.
 6        Subject  to  payment  of  amounts into the Build Illinois
 7    Fund as  provided  in  the  preceding  paragraph  or  in  any
 8    amendment  thereto hereafter enacted, the following specified
 9    monthly  installment  of  the   amount   requested   in   the
10    certificate  of  the  Chairman  of  the Metropolitan Pier and
11    Exposition Authority provided  under  Section  8.25f  of  the
12    State  Finance  Act, but not in excess of the sums designated
13    as "Total Deposit", shall be deposited in the aggregate  from
14    collections  under Section 9 of the Use Tax Act, Section 9 of
15    the Service Use Tax Act, Section 9 of the Service  Occupation
16    Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
17    into the  McCormick  Place  Expansion  Project  Fund  in  the
18    specified fiscal years.
19               Fiscal Year                           Total Deposit
20                   1993                                        $0
21                   1994                                53,000,000
22                   1995                                58,000,000
23                   1996                                61,000,000
24                   1997                                64,000,000
25                   1998                                68,000,000
26                   1999                                71,000,000
27                   2000                                75,000,000
28                   2001                                80,000,000
29                   2002                                93,000,000
30                   2003                                99,000,000
31                   2004                               103,000,000
32                   2005                               108,000,000
33                   2006                               113,000,000
34                   2007                               119,000,000
 
                            -35-               LRB9215615SMdv
 1                   2008                               126,000,000
 2                   2009                               132,000,000
 3                   2010                               139,000,000
 4                   2011                               146,000,000
 5                   2012                               153,000,000
 6                   2013                               161,000,000
 7                   2014                               170,000,000
 8                   2015                               179,000,000
 9                   2016                               189,000,000
10                   2017                               199,000,000
11                   2018                               210,000,000
12                   2019                               221,000,000
13                   2020                               233,000,000
14                   2021                               246,000,000
15                   2022                               260,000,000
16                 2023 and                             275,000,000
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 2042.
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,
 
                            -36-               LRB9215615SMdv
 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 .4% of the net revenue
 8    realized for the preceding month from the 5% general rate, or
 9    .4% of 80% of the net  revenue  realized  for  the  preceding
10    month from the 6.25% general rate, as the case may be, on the
11    selling  price  of  tangible  personal  property which amount
12    shall, subject to appropriation, be distributed  as  provided
13    in Section 2 of the State Revenue Sharing Act. No payments or
14    distributions pursuant to this paragraph shall be made if the
15    tax  imposed  by  this  Act  on  photoprocessing  products is
16    declared unconstitutional, or if the proceeds from  such  tax
17    are unavailable for distribution because of litigation.
18        Subject  to  payment  of  amounts into the Build Illinois
19    Fund, the McCormick Place Expansion  Project  Fund,  and  the
20    Local  Government Distributive Fund pursuant 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        Subject  to  payment  of  amounts into the Build Illinois
28    Fund, the McCormick Place Expansion  Project  Fund,  and  the
29    Local  Government Distributive Fund pursuant to the preceding
30    paragraphs or in any amendments  thereto  hereafter  enacted,
31    beginning  with the receipt of the first report of taxes paid
32    by an eligible business and continuing for a 25-year  period,
33    the   Department   shall  each  month  pay  into  the  Energy
34    Infrastructure Fund 80% of the net revenue realized from  the
 
                            -37-               LRB9215615SMdv
 1    6.25%  general  rate  on  the selling price of Illinois-mined
 2    coal that was sold to an eligible business.  For purposes  of
 3    this  paragraph,  the  term  "eligible  business" means a new
 4    electric generating facility certified  pursuant  to  Section
 5    605-332  of  the Department of Commerce and Community Affairs
 6    Law of the Civil Administrative Code of Illinois.
 7        Of the remainder of the moneys received by the Department
 8    pursuant to this Act, 75% thereof  shall  be  paid  into  the
 9    State Treasury and 25% shall be reserved in a special account
10    and  used  only for the transfer to the Common School Fund as
11    part of the monthly transfer from the General Revenue Fund in
12    accordance with Section 8a of the State Finance Act.
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    Beginning April 1, 2000, this transfer is no longer  required
20    and shall not be made.
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    (Source: P.A.   91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;
33    91-101, eff. 7-12-99;  91-541,  eff.  8-13-99;  91-872,  eff.
34    7-1-00;  91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff.
 
                            -38-               LRB9215615SMdv
 1    6-28-01; 92-208, eff. 8-2-01; 92-492,  eff.  1-1-02;  revised
 2    9-14-01.)

 3        Section 90.  The Retailers' Occupation Tax Act is amended
 4    by changing Sections 1c, 2-10, and 3 as follows:

 5        (35 ILCS 120/1c) (from Ch. 120, par. 440c)
 6        Sec.  1c.  A  person  who  is  engaged in the business of
 7    leasing or renting motor  vehicles  to  others  and  who,  in
 8    connection with such business sells any used motor vehicle to
 9    a purchaser for his use and not for the purpose of resale, is
10    a  retailer  engaged  in  the  business  of  selling tangible
11    personal property at retail under this Act to the  extent  of
12    the  value  of  the  vehicle  sold.  For  the purpose of this
13    Section, "motor vehicle" means any motor vehicle of the first
14    division, a motor vehicle of the second division which  is  a
15    self-contained   motor   vehicle   designed   or  permanently
16    converted  to  provide  living  quarters  for   recreational,
17    camping or travel use, with direct walk through access to the
18    living quarters from the driver's seat, or a motor vehicle of
19    a  second division which is of the van configuration designed
20    for the transportation of not less than 7 nor  more  than  16
21    passengers,  as  defined  in  Section  1-146  of the Illinois
22    Vehicle Code. For the purpose of this Section "motor vehicle"
23    has the meaning prescribed in Section 1-157 of  The  Illinois
24    Vehicle Code, as now or hereafter amended.  (Nothing provided
25    herein shall affect liability incurred under this Act because
26    of the sale at retail of such motor vehicles to a lessor.)
27    (Source: P.A. 80-598.)

28        (35 ILCS 120/2-10) (from Ch. 120, par. 441-10)
29        Sec.  2-10.  Rate  of  tax.  Unless otherwise provided in
30    this Section, the tax imposed by this Act is at the  rate  of
31    6.25%  of  gross  receipts  from  sales  of tangible personal
 
                            -39-               LRB9215615SMdv
 1    property made in the course of business.
 2        Beginning on July 1, 2000 and through December 31,  2000,
 3    with  respect to motor fuel, as defined in Section 1.1 of the
 4    Motor Fuel Tax Law, and gasohol, as defined in  Section  3-40
 5    of the Use Tax Act, the tax is imposed at the rate of 1.25%.
 6        Within   14   days  after  the  effective  date  of  this
 7    amendatory Act of the 91st General Assembly, each retailer of
 8    motor fuel and gasohol shall cause the following notice to be
 9    posted  in  a  prominently  visible  place  on  each   retail
10    dispensing  device  that  is  used  to dispense motor fuel or
11    gasohol in the State of Illinois:  "As of July 1,  2000,  the
12    State  of  Illinois has eliminated the State's share of sales
13    tax on motor fuel and gasohol through December 31, 2000.  The
14    price  on  this  pump  should  reflect the elimination of the
15    tax."  The notice shall be printed in bold print  on  a  sign
16    that is no smaller than 4 inches by 8 inches.  The sign shall
17    be  clearly  visible to customers.  Any retailer who fails to
18    post or maintain a required sign through December 31, 2000 is
19    guilty of a petty offense for which the fine  shall  be  $500
20    per day per each retail premises where a violation occurs.
21        With  respect  to gasohol, as defined in the Use Tax Act,
22    the tax imposed by this Act applies to 70% of the proceeds of
23    sales made on or after January 1, 1990, and  before  July  1,
24    2003, and to 100% of the proceeds of sales made thereafter.
25        With  respect to food for human consumption that is to be
26    consumed off the  premises  where  it  is  sold  (other  than
27    alcoholic  beverages,  soft  drinks,  and  food that has been
28    prepared for  immediate  consumption)  and  prescription  and
29    nonprescription   medicines,   drugs,   medical   appliances,
30    modifications to a motor vehicle for the purpose of rendering
31    it  usable  by  a disabled person, and insulin, urine testing
32    materials, syringes, and needles used by diabetics, for human
33    use, the tax is imposed at the rate of 1%. For  the  purposes
34    of  this  Section, the term "soft drinks" means any complete,
 
                            -40-               LRB9215615SMdv
 1    finished,   ready-to-use,   non-alcoholic   drink,    whether
 2    carbonated  or  not, including but not limited to soda water,
 3    cola, fruit juice, vegetable juice, carbonated water, and all
 4    other preparations commonly known as soft drinks of  whatever
 5    kind  or  description  that  are  contained  in any closed or
 6    sealed bottle, can, carton, or container, regardless of size.
 7    "Soft drinks" does not include  coffee,  tea,  non-carbonated
 8    water,  infant  formula,  milk or milk products as defined in
 9    the Grade A Pasteurized Milk and Milk Products Act, or drinks
10    containing 50% or more natural fruit or vegetable juice.
11        Notwithstanding any other provisions of this  Act,  "food
12    for human consumption that is to be consumed off the premises
13    where  it  is  sold" includes all food sold through a vending
14    machine, except  soft  drinks  and  food  products  that  are
15    dispensed  hot  from  a  vending  machine,  regardless of the
16    location of the vending machine.
17        With respect to any motor vehicle  (as  the  term  "motor
18    vehicle"  is  defined in Section 1c of this Act) that is sold
19    to a lessor for purposes of leasing under a lease subject  to
20    the Automobile Leasing Occupation and Use Tax Act, the tax is
21    imposed at the rate of 1.25%.
22        With  respect  to  any  motor vehicle (as the term "motor
23    vehicle" is defined in Section 1c of this Act) that has  been
24    leased  by a lessor to a lessee under a lease that is subject
25    to the Automobile Leasing Occupation and Use Tax Act, and  is
26    subsequently  sold  to the lessee of such vehicle, the tax is
27    imposed at the rate of 5%.
28    (Source: P.A. 90-605, eff.  6-30-98;  90-606,  eff.  6-30-98;
29    91-51, eff. 6-30-99; 91-872, eff. 7-1-00.)

30        (35 ILCS 120/3) (from Ch. 120, par. 442)
31        Sec. 3.  Except as provided in this Section, on or before
32    the  twentieth  day  of  each  calendar  month,  every person
33    engaged in the business of selling tangible personal property
 
                            -41-               LRB9215615SMdv
 1    at retail in this State during the preceding  calendar  month
 2    shall file a return with the Department, stating:
 3             1.  The name of the seller;
 4             2.  His  residence  address  and  the address of his
 5        principal place  of  business  and  the  address  of  the
 6        principal  place  of  business  (if  that  is a different
 7        address) from which he engages in the business of selling
 8        tangible personal property at retail in this State;
 9             3.  Total amount of receipts received by him  during
10        the  preceding calendar month or quarter, as the case may
11        be, from sales of tangible personal  property,  and  from
12        services furnished, by him during such preceding calendar
13        month or quarter;
14             4.  Total   amount   received   by  him  during  the
15        preceding calendar month or quarter on  charge  and  time
16        sales  of  tangible  personal property, and from services
17        furnished, by him prior to the month or quarter for which
18        the return is filed;
19             5.  Deductions allowed by law;
20             6.  Gross receipts which were received by him during
21        the preceding calendar month  or  quarter  and  upon  the
22        basis of which the tax is imposed;
23             7.  The  amount  of credit provided in Section 2d of
24        this Act;
25             8.  The amount of tax due;
26             9.  The signature of the taxpayer; and
27             10.  Such  other  reasonable  information   as   the
28        Department may require.
29        If a taxpayer fails to sign a return within 30 days after
30    the proper notice and demand for signature by the Department,
31    the  return shall be considered valid and any amount shown to
32    be due on the return shall be deemed assessed.
33        Each return shall be  accompanied  by  the  statement  of
34    prepaid tax issued pursuant to Section 2e for which credit is
 
                            -42-               LRB9215615SMdv
 1    claimed.
 2        A  retailer  may  accept a Manufacturer's Purchase Credit
 3    certification from a purchaser in satisfaction of Use Tax  as
 4    provided  in Section 3-85 of the Use Tax Act if the purchaser
 5    provides the appropriate documentation as required by Section
 6    3-85 of the Use Tax Act.  A  Manufacturer's  Purchase  Credit
 7    certification,  accepted by a retailer as provided in Section
 8    3-85 of the Use Tax Act, may be  used  by  that  retailer  to
 9    satisfy  Retailers'  Occupation  Tax  liability in the amount
10    claimed in the certification, not  to  exceed  6.25%  of  the
11    receipts subject to tax from a qualifying purchase.
12        The  Department  may  require  returns  to  be filed on a
13    quarterly basis.  If so required, a return for each  calendar
14    quarter  shall be filed on or before the twentieth day of the
15    calendar month following the end of  such  calendar  quarter.
16    The taxpayer shall also file a return with the Department for
17    each  of the first two months of each calendar quarter, on or
18    before the twentieth day of  the  following  calendar  month,
19    stating:
20             1.  The name of the seller;
21             2.  The  address  of the principal place of business
22        from which he engages in the business of selling tangible
23        personal property at retail in this State;
24             3.  The total amount of taxable receipts received by
25        him during the preceding calendar  month  from  sales  of
26        tangible  personal  property by him during such preceding
27        calendar month, including receipts from charge  and  time
28        sales, but less all deductions allowed by law;
29             4.  The  amount  of credit provided in Section 2d of
30        this Act;
31             5.  The amount of tax due; and
32             6.  Such  other  reasonable   information   as   the
33        Department may require.
34        If  a total amount of less than $1 is payable, refundable
 
                            -43-               LRB9215615SMdv
 1    or creditable, such amount shall be disregarded if it is less
 2    than 50 cents and shall be increased to $1 if it is 50  cents
 3    or more.
 4        Beginning  October 1, 1993, a taxpayer who has an average
 5    monthly tax liability of $150,000  or  more  shall  make  all
 6    payments  required  by  rules of the Department by electronic
 7    funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
 8    has  an  average  monthly  tax  liability of $100,000 or more
 9    shall make all payments required by rules of  the  Department
10    by  electronic  funds transfer.  Beginning October 1, 1995, a
11    taxpayer who has an average monthly tax liability of  $50,000
12    or  more  shall  make  all  payments required by rules of the
13    Department by electronic funds transfer.   Beginning  October
14    1,  2000,  a  taxpayer  who  has  an  annual tax liability of
15    $200,000 or more shall make all payments required by rules of
16    the  Department  by  electronic  funds  transfer.   The  term
17    "annual tax liability" shall be the  sum  of  the  taxpayer's
18    liabilities  under  this  Act,  and under all other State and
19    local  occupation  and  use  tax  laws  administered  by  the
20    Department, for the immediately preceding calendar year.  The
21    term  "average monthly tax liability" shall be the sum of the
22    taxpayer's liabilities under this Act, and  under  all  other
23    State  and  local occupation and use tax laws administered by
24    the Department, for the immediately preceding  calendar  year
25    divided  by  12. Beginning on October 1, 2002, a taxpayer who
26    has a tax liability in the amount set forth in subsection (b)
27    of Section 2505-210 of the Department of  Revenue  Law  shall
28    make  all  payments  required  by  rules of the Department by
29    electronic funds transfer.
30        Before August 1 of  each  year  beginning  in  1993,  the
31    Department  shall  notify  all  taxpayers  required  to  make
32    payments   by   electronic  funds  transfer.   All  taxpayers
33    required to make payments by electronic funds transfer  shall
34    make  those  payments  for a minimum of one year beginning on
 
                            -44-               LRB9215615SMdv
 1    October 1.
 2        Any taxpayer not required to make payments by  electronic
 3    funds transfer may make payments by electronic funds transfer
 4    with the permission of the Department.
 5        All  taxpayers  required  to  make  payment by electronic
 6    funds transfer and any taxpayers  authorized  to  voluntarily
 7    make  payments  by electronic funds transfer shall make those
 8    payments in the manner authorized by the Department.
 9        The Department shall adopt such rules as are necessary to
10    effectuate a program of electronic  funds  transfer  and  the
11    requirements of this Section.
12        Any  amount  which is required to be shown or reported on
13    any return or other document under this Act  shall,  if  such
14    amount  is  not  a  whole-dollar  amount, be increased to the
15    nearest whole-dollar amount in any case where the  fractional
16    part  of  a  dollar is 50 cents or more, and decreased to the
17    nearest whole-dollar amount where the fractional  part  of  a
18    dollar is less than 50 cents.
19        If  the  retailer is otherwise required to file a monthly
20    return and if the retailer's average monthly tax liability to
21    the Department does  not  exceed  $200,  the  Department  may
22    authorize  his returns to be filed on a quarter annual basis,
23    with the return for January, February and March  of  a  given
24    year  being due by April 20 of such year; with the return for
25    April, May and June of a given year being due by July  20  of
26    such  year; with the return for July, August and September of
27    a given year being due by October 20 of such year,  and  with
28    the return for October, November and December of a given year
29    being due by January 20 of the following year.
30        If  the  retailer is otherwise required to file a monthly
31    or quarterly return and if the retailer's average monthly tax
32    liability with  the  Department  does  not  exceed  $50,  the
33    Department may authorize his returns to be filed on an annual
34    basis,  with the return for a given year being due by January
 
                            -45-               LRB9215615SMdv
 1    20 of the following year.
 2        Such quarter annual and annual returns, as  to  form  and
 3    substance,  shall  be  subject  to  the  same requirements as
 4    monthly returns.
 5        Notwithstanding  any  other   provision   in   this   Act
 6    concerning  the  time  within  which  a retailer may file his
 7    return, in the case of any retailer who ceases to engage in a
 8    kind of business  which  makes  him  responsible  for  filing
 9    returns  under  this  Act,  such  retailer shall file a final
10    return under this Act with the Department not more  than  one
11    month after discontinuing such business.
12        Where   the  same  person  has  more  than  one  business
13    registered with the Department under  separate  registrations
14    under  this Act, such person may not file each return that is
15    due  as  a  single  return  covering  all   such   registered
16    businesses,  but  shall  file  separate returns for each such
17    registered business.
18        In addition, with respect to motor vehicles,  watercraft,
19    aircraft,  and  trailers  that  are required to be registered
20    with an agency of this State,  every  retailer  selling  this
21    kind  of  tangible  personal  property  shall  file, with the
22    Department, upon a form to be prescribed and supplied by  the
23    Department,  a separate return for each such item of tangible
24    personal property which the retailer sells, except  that  if,
25    in   the  same  transaction,  (i)  a  retailer  of  aircraft,
26    watercraft, motor vehicles or trailers  transfers  more  than
27    one aircraft, watercraft, motor vehicle or trailer to another
28    aircraft,  watercraft,  motor  vehicle  retailer  or  trailer
29    retailer  for  the  purpose  of  resale or (ii) a retailer of
30    aircraft, watercraft, motor vehicles, or  trailers  transfers
31    more than one aircraft, watercraft, motor vehicle, or trailer
32    to  a  purchaser  for  use  as  a qualifying rolling stock as
33    provided in Section 2-5 of this Act,  then  that  seller  may
34    report  the  transfer  of  all  aircraft,  watercraft,  motor
 
                            -46-               LRB9215615SMdv
 1    vehicles  or  trailers  involved  in  that transaction to the
 2    Department on the same uniform invoice-transaction  reporting
 3    return  form.   For  purposes  of  this Section, "watercraft"
 4    means a Class 2, Class 3, or Class 4 watercraft as defined in
 5    Section 3-2 of  the  Boat  Registration  and  Safety  Act,  a
 6    personal  watercraft,  or  any  boat equipped with an inboard
 7    motor.
 8        Any retailer who sells only motor  vehicles,  watercraft,
 9    aircraft, or trailers that are required to be registered with
10    an  agency  of  this State, so that all retailers' occupation
11    tax liability is required to be reported, and is reported, on
12    such transaction reporting returns and who is  not  otherwise
13    required  to file monthly or quarterly returns, need not file
14    monthly or quarterly returns.  However, those retailers shall
15    be required to file returns on an annual basis.
16        The transaction reporting return, in the  case  of  motor
17    vehicles  or trailers that are required to be registered with
18    an agency of this State, shall be the same  document  as  the
19    Uniform  Invoice referred to in Section 5-402 of The Illinois
20    Vehicle Code and must  show  the  name  and  address  of  the
21    seller;  the name and address of the purchaser; the amount of
22    the  selling  price  including  the  amount  allowed  by  the
23    retailer for traded-in property, if any; the  amount  allowed
24    by the retailer for the traded-in tangible personal property,
25    if  any,  to the extent to which Section 1 of this Act allows
26    an exemption for the value of traded-in property; the balance
27    payable after deducting  such  trade-in  allowance  from  the
28    total  selling price; the amount of tax due from the retailer
29    with respect to such transaction; the amount of tax collected
30    from the purchaser by the retailer on  such  transaction  (or
31    satisfactory  evidence  that  such  tax  is  not  due in that
32    particular instance, if that is claimed to be the fact);  the
33    place  and  date  of the sale; a sufficient identification of
34    the property sold; such other information as is  required  in
 
                            -47-               LRB9215615SMdv
 1    Section  5-402  of  The Illinois Vehicle Code, and such other
 2    information as the Department may reasonably require.
 3        The  transaction  reporting  return  in   the   case   of
 4    watercraft  or aircraft must show the name and address of the
 5    seller; the name and address of the purchaser; the amount  of
 6    the  selling  price  including  the  amount  allowed  by  the
 7    retailer  for  traded-in property, if any; the amount allowed
 8    by the retailer for the traded-in tangible personal property,
 9    if any, to the extent to which Section 1 of this  Act  allows
10    an exemption for the value of traded-in property; the balance
11    payable  after  deducting  such  trade-in  allowance from the
12    total selling price; the amount of tax due from the  retailer
13    with respect to such transaction; the amount of tax collected
14    from  the  purchaser  by the retailer on such transaction (or
15    satisfactory evidence that  such  tax  is  not  due  in  that
16    particular  instance, if that is claimed to be the fact); the
17    place and date of the sale, a  sufficient  identification  of
18    the   property  sold,  and  such  other  information  as  the
19    Department may reasonably require.
20        Such transaction reporting  return  shall  be  filed  not
21    later than 20 days after the day of delivery of the item that
22    is  being  sold, but may be filed by the retailer at any time
23    sooner than that if he chooses to  do  so.   The  transaction
24    reporting  return  and  tax  remittance or proof of exemption
25    from  the  Illinois  use  tax  may  be  transmitted  to   the
26    Department  by  way  of the State agency with which, or State
27    officer with whom the  tangible  personal  property  must  be
28    titled or registered (if titling or registration is required)
29    if  the Department and such agency or State officer determine
30    that  this  procedure  will  expedite   the   processing   of
31    applications for title or registration.
32        With each such transaction reporting return, the retailer
33    shall  remit  the  proper  amount of tax due (or shall submit
34    satisfactory evidence that the sale is not taxable if that is
 
                            -48-               LRB9215615SMdv
 1    the case), to the Department or  its  agents,  whereupon  the
 2    Department  shall  issue,  in the purchaser's name, a use tax
 3    receipt (or a certificate of exemption if the  Department  is
 4    satisfied  that the particular sale is tax exempt) which such
 5    purchaser may submit to  the  agency  with  which,  or  State
 6    officer  with  whom,  he  must title or register the tangible
 7    personal  property  that   is   involved   (if   titling   or
 8    registration  is  required)  in  support  of such purchaser's
 9    application for an Illinois certificate or other evidence  of
10    title or registration to such tangible personal property.
11        No  retailer's failure or refusal to remit tax under this
12    Act precludes a user, who has paid  the  proper  tax  to  the
13    retailer,  from  obtaining  his certificate of title or other
14    evidence of title or registration (if titling or registration
15    is required) upon satisfying the Department  that  such  user
16    has paid the proper tax (if tax is due) to the retailer.  The
17    Department  shall  adopt  appropriate  rules to carry out the
18    mandate of this paragraph.
19        If the user who would otherwise pay tax to  the  retailer
20    wants  the transaction reporting return filed and the payment
21    of the tax or proof  of  exemption  made  to  the  Department
22    before the retailer is willing to take these actions and such
23    user  has  not  paid  the  tax to the retailer, such user may
24    certify to the fact of such delay by  the  retailer  and  may
25    (upon  the  Department  being  satisfied of the truth of such
26    certification)  transmit  the  information  required  by  the
27    transaction reporting return and the remittance  for  tax  or
28    proof  of exemption directly to the Department and obtain his
29    tax receipt or exemption determination, in  which  event  the
30    transaction  reporting  return  and  tax remittance (if a tax
31    payment was required) shall be credited by the Department  to
32    the  proper  retailer's  account  with  the  Department,  but
33    without  the  2.1%  or  1.75%  discount  provided for in this
34    Section being allowed.  When the user pays the  tax  directly
 
                            -49-               LRB9215615SMdv
 1    to  the  Department,  he shall pay the tax in the same amount
 2    and in the same form in which it would be remitted if the tax
 3    had been remitted to the Department by the retailer.
 4        Refunds made by the seller during  the  preceding  return
 5    period   to  purchasers,  on  account  of  tangible  personal
 6    property returned to  the  seller,  shall  be  allowed  as  a
 7    deduction  under  subdivision  5  of his monthly or quarterly
 8    return,  as  the  case  may  be,  in  case  the  seller   had
 9    theretofore  included  the  receipts  from  the  sale of such
10    tangible personal property in a return filed by him  and  had
11    paid  the  tax  imposed  by  this  Act  with  respect to such
12    receipts.
13        Where the seller is a corporation, the  return  filed  on
14    behalf  of such corporation shall be signed by the president,
15    vice-president, secretary or treasurer  or  by  the  properly
16    accredited agent of such corporation.
17        Where  the  seller  is  a  limited liability company, the
18    return filed on behalf of the limited liability company shall
19    be signed by a manager, member, or properly accredited  agent
20    of the limited liability company.
21        Except  as  provided in this Section, the retailer filing
22    the return under this Section shall, at the  time  of  filing
23    such  return, pay to the Department the amount of tax imposed
24    by this Act less a discount of 2.1% prior to January 1,  1990
25    and  1.75%  on  and after January 1, 1990, or $5 per calendar
26    year, whichever is greater, which is allowed to reimburse the
27    retailer  for  the  expenses  incurred  in  keeping  records,
28    preparing and filing returns, remitting the tax and supplying
29    data to the  Department  on  request.   Any  prepayment  made
30    pursuant  to  Section 2d of this Act shall be included in the
31    amount on which such 2.1% or 1.75% discount is computed.   In
32    the  case  of  retailers  who  report  and  pay  the tax on a
33    transaction  by  transaction  basis,  as  provided  in   this
34    Section,  such  discount  shall  be  taken with each such tax
 
                            -50-               LRB9215615SMdv
 1    remittance instead of when such retailer files  his  periodic
 2    return.
 3        Before October 1, 2000, if the taxpayer's average monthly
 4    tax  liability  to the Department under this Act, the Use Tax
 5    Act, the Service Occupation Tax Act, and the Service Use  Tax
 6    Act,  excluding  any  liability  for  prepaid sales tax to be
 7    remitted in accordance with  Section  2d  of  this  Act,  was
 8    $10,000  or  more  during  the  preceding 4 complete calendar
 9    quarters, he shall file a return  with  the  Department  each
10    month  by  the 20th day of the month next following the month
11    during which such tax liability is incurred  and  shall  make
12    payments  to  the Department on or before the 7th, 15th, 22nd
13    and last day of the month  during  which  such  liability  is
14    incurred.  On  and  after  October 1, 2000, if the taxpayer's
15    average monthly tax liability to the  Department  under  this
16    Act, the Use Tax Act, the Service Occupation Tax Act, and the
17    Service  Use  Tax  Act,  excluding  any liability for prepaid
18    sales tax to be remitted in accordance  with  Section  2d  of
19    this Act, was $20,000 or more during the preceding 4 complete
20    calendar quarters, he shall file a return with the Department
21    each  month  by  the 20th day of the month next following the
22    month during which such tax liability is incurred  and  shall
23    make  payment  to  the Department on or before the 7th, 15th,
24    22nd and last day of the month during which such liability is
25    incurred.  If the month during which such  tax  liability  is
26    incurred  began  prior to January 1, 1985, each payment shall
27    be in an  amount  equal  to  1/4  of  the  taxpayer's  actual
28    liability  for  the  month or an amount set by the Department
29    not to exceed 1/4 of the average  monthly  liability  of  the
30    taxpayer  to  the  Department  for  the  preceding 4 complete
31    calendar quarters (excluding the month of  highest  liability
32    and  the month of lowest liability in such 4 quarter period).
33    If the month during which  such  tax  liability  is  incurred
34    begins  on  or  after January 1, 1985 and prior to January 1,
 
                            -51-               LRB9215615SMdv
 1    1987, each payment shall be in an amount equal  to  22.5%  of
 2    the taxpayer's actual liability for the month or 27.5% of the
 3    taxpayer's  liability  for  the  same  calendar  month of the
 4    preceding year.  If the month during which such tax liability
 5    is incurred begins on or after January 1, 1987 and  prior  to
 6    January  1, 1988, each payment shall be in an amount equal to
 7    22.5% of the taxpayer's actual liability  for  the  month  or
 8    26.25%  of  the  taxpayer's  liability  for the same calendar
 9    month of the preceding year.  If the month during which  such
10    tax liability is incurred begins on or after January 1, 1988,
11    and  prior  to January 1, 1989, or begins on or after January
12    1, 1996, each payment shall be in an amount equal to 22.5% of
13    the taxpayer's actual liability for the month or 25%  of  the
14    taxpayer's  liability  for  the  same  calendar  month of the
15    preceding year. If the month during which such tax  liability
16    is  incurred begins on or after January 1, 1989, and prior to
17    January 1, 1996, each payment shall be in an amount equal  to
18    22.5% of the taxpayer's actual liability for the month or 25%
19    of  the  taxpayer's  liability for the same calendar month of
20    the preceding year or 100% of the taxpayer's actual liability
21    for the quarter monthly reporting period.  The amount of such
22    quarter monthly payments shall be credited against the  final
23    tax  liability  of  the  taxpayer's  return  for  that month.
24    Before October 1, 2000, once applicable, the  requirement  of
25    the  making  of quarter monthly payments to the Department by
26    taxpayers having an average monthly tax liability of  $10,000
27    or  more  as  determined  in  the manner provided above shall
28    continue until such taxpayer's average monthly  liability  to
29    the  Department  during  the  preceding  4  complete calendar
30    quarters (excluding the month of highest  liability  and  the
31    month of lowest liability) is less than $9,000, or until such
32    taxpayer's  average  monthly  liability  to the Department as
33    computed  for  each  calendar  quarter  of  the  4  preceding
34    complete  calendar  quarter  period  is  less  than  $10,000.
 
                            -52-               LRB9215615SMdv
 1    However, if  a  taxpayer  can  show  the  Department  that  a
 2    substantial  change  in  the taxpayer's business has occurred
 3    which causes the taxpayer  to  anticipate  that  his  average
 4    monthly  tax  liability for the reasonably foreseeable future
 5    will fall below the $10,000 threshold stated above, then such
 6    taxpayer may petition the Department for  a  change  in  such
 7    taxpayer's  reporting  status.  On and after October 1, 2000,
 8    once applicable, the requirement of  the  making  of  quarter
 9    monthly  payments  to  the  Department by taxpayers having an
10    average  monthly  tax  liability  of  $20,000  or   more   as
11    determined  in the manner provided above shall continue until
12    such taxpayer's average monthly liability to  the  Department
13    during  the preceding 4 complete calendar quarters (excluding
14    the month of  highest  liability  and  the  month  of  lowest
15    liability)  is  less  than  $19,000  or until such taxpayer's
16    average monthly liability to the Department as  computed  for
17    each  calendar  quarter  of the 4 preceding complete calendar
18    quarter period is less than $20,000.  However, if a  taxpayer
19    can  show  the  Department  that  a substantial change in the
20    taxpayer's business has occurred which causes the taxpayer to
21    anticipate that his average monthly  tax  liability  for  the
22    reasonably  foreseeable  future  will  fall below the $20,000
23    threshold stated above, then such taxpayer may  petition  the
24    Department  for a change in such taxpayer's reporting status.
25    The Department shall change such taxpayer's reporting  status
26    unless  it  finds  that such change is seasonal in nature and
27    not likely to be long term.   If  any  such  quarter  monthly
28    payment  is not paid at the time or in the amount required by
29    this Section, then the taxpayer shall be liable for penalties
30    and interest on the difference between the minimum amount due
31    as a payment and the amount of such quarter  monthly  payment
32    actually  and timely paid, except insofar as the taxpayer has
33    previously made payments for that month to the Department  in
34    excess  of the minimum payments previously due as provided in
 
                            -53-               LRB9215615SMdv
 1    this Section. The Department shall make reasonable rules  and
 2    regulations  to govern the quarter monthly payment amount and
 3    quarter monthly payment dates for taxpayers who file on other
 4    than a calendar monthly basis.
 5        The provisions of this paragraph apply before October  1,
 6    2001.  Without  regard  to  whether a taxpayer is required to
 7    make  quarter  monthly  payments  as  specified  above,   any
 8    taxpayer who is required by Section 2d of this Act to collect
 9    and remit prepaid taxes and has collected prepaid taxes which
10    average in excess of $25,000 per month during the preceding 2
11    complete  calendar  quarters,  shall  file  a return with the
12    Department as required by Section 2f and shall make  payments
13    to  the  Department on or before the 7th, 15th, 22nd and last
14    day of the month during which such liability is incurred.  If
15    the month during which such tax liability is  incurred  began
16    prior  to  the effective date of this amendatory Act of 1985,
17    each payment shall be in an amount not less than 22.5% of the
18    taxpayer's actual liability under Section 2d.  If  the  month
19    during  which  such  tax  liability  is incurred begins on or
20    after January 1, 1986, each payment shall  be  in  an  amount
21    equal  to  22.5%  of  the taxpayer's actual liability for the
22    month or 27.5% of  the  taxpayer's  liability  for  the  same
23    calendar  month of the preceding calendar year.  If the month
24    during which such tax liability  is  incurred  begins  on  or
25    after  January  1,  1987,  each payment shall be in an amount
26    equal to 22.5% of the taxpayer's  actual  liability  for  the
27    month  or  26.25%  of  the  taxpayer's liability for the same
28    calendar month of the preceding year.   The  amount  of  such
29    quarter  monthly payments shall be credited against the final
30    tax liability of the taxpayer's return for that  month  filed
31    under  this  Section or Section 2f, as the case may be.  Once
32    applicable, the requirement of the making of quarter  monthly
33    payments  to  the Department pursuant to this paragraph shall
34    continue until such taxpayer's average  monthly  prepaid  tax
 
                            -54-               LRB9215615SMdv
 1    collections during the preceding 2 complete calendar quarters
 2    is  $25,000  or less.  If any such quarter monthly payment is
 3    not paid at the time or in the amount required, the  taxpayer
 4    shall   be   liable   for  penalties  and  interest  on  such
 5    difference, except insofar as  the  taxpayer  has  previously
 6    made  payments  for  that  month  in  excess  of  the minimum
 7    payments previously due.
 8        The provisions of  this  paragraph  apply  on  and  after
 9    October  1,  2001.    Without regard to whether a taxpayer is
10    required to make quarter monthly payments as specified above,
11    any taxpayer who is required by Section 2d  of  this  Act  to
12    collect  and  remit  prepaid  taxes and has collected prepaid
13    taxes that average in excess of $20,000 per month during  the
14    preceding  4  complete  calendar quarters shall file a return
15    with the Department as required by Section 2f and shall  make
16    payments  to  the Department on or before the 7th, 15th, 22nd
17    and last day of the  month  during  which  the  liability  is
18    incurred.   Each payment shall be in an amount equal to 22.5%
19    of the taxpayer's actual liability for the month  or  25%  of
20    the  taxpayer's  liability for the same calendar month of the
21    preceding year.  The amount of the quarter  monthly  payments
22    shall  be  credited  against  the  final tax liability of the
23    taxpayer's return for that month filed under this Section  or
24    Section  2f,  as  the  case  may  be.   Once  applicable, the
25    requirement of the making of quarter monthly payments to  the
26    Department  pursuant  to  this paragraph shall continue until
27    the taxpayer's average monthly prepaid tax collections 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 $19,000 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 quarters is less
33    than $20,000.  If any such quarter  monthly  payment  is  not
34    paid  at  the  time  or  in the amount required, the taxpayer
 
                            -55-               LRB9215615SMdv
 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
 
                            -56-               LRB9215615SMdv
 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 August 1, 2000, each month the Department shall
15    pay into the County and Mass Transit District Fund 20% of the
16    net revenue realized for the preceding month from  the  1.25%
17    rate on the selling price of motor fuel and gasohol.
18        Each  month  the Department shall pay into the County and
19    Mass Transit District Fund 20% of the  net  revenue  realized
20    for  the preceding month from the 1.25% rate imposed upon the
21    sale of any motor vehicle that is sold at retail to a  lessor
22    for  purposes  of  leasing  under  a  lease  subject  to  the
23    Automobile Leasing Occupation and Use Tax Act.
24        Beginning  January  1,  1990,  each  month the Department
25    shall pay into the Local Government Tax Fund 16% of  the  net
26    revenue  realized  for  the  preceding  month  from the 6.25%
27    general rate  on  the  selling  price  of  tangible  personal
28    property.
29        Beginning August 1, 2000, each month the Department shall
30    pay into the Local Government Tax Fund 80% of the net revenue
31    realized  for  the preceding month from the 1.25% rate on the
32    selling price of motor fuel and gasohol.
33        Each month  the  Department  shall  pay  into  the  Local
34    Government  Tax  Fund 80% of the net revenue realized for the
 
                            -57-               LRB9215615SMdv
 1    preceding month from the 1.25% rate imposed upon the sale  of
 2    any  motor  vehicle  that  is  sold at retail to a lessor for
 3    purposes of leasing under a lease subject to  the  Automobile
 4    Leasing Occupation and Use Tax Act.
 5        Of the remainder of the moneys received by the Department
 6    pursuant  to  this  Act, and including all moneys received by
 7    the Department pursuant  to  Section  10  of  the  Automobile
 8    Leasing  Occupation and Use Tax Act, and including all of the
 9    moneys received pursuant to the 5% rate imposed upon sales of
10    motor vehicles by lessors to the lessees of such vehicles  in
11    connection  with  a  lease that was subject to the Automobile
12    Leasing Occupation and Use Tax Act (a) 1.75% thereof shall be
13    paid into the Build Illinois Fund and (b) prior  to  July  1,
14    1989,  2.2% and on and after July 1, 1989, 3.8% thereof shall
15    be paid into the Build Illinois Fund; provided, however, that
16    if in any fiscal year the sum of (1) the aggregate of 2.2% or
17    3.8%, as the case may be,  of  the  moneys  received  by  the
18    Department  and  required  to be paid into the Build Illinois
19    Fund pursuant to this Act, Section 9  of  the  Use  Tax  Act,
20    Section  9  of  the Service Use Tax Act, and Section 9 of the
21    Service Occupation  Tax  Act,  such  Acts  being  hereinafter
22    called  the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
23    the case may be, of moneys being hereinafter called the  "Tax
24    Act  Amount",  and  (2)  the  amount transferred to the Build
25    Illinois Fund from the State and Local Sales Tax Reform  Fund
26    shall   be   less   than  the  Annual  Specified  Amount  (as
27    hereinafter defined), an amount equal to the difference shall
28    be immediately paid into the Build Illinois Fund  from  other
29    moneys  received  by the Department pursuant to the Tax Acts;
30    the "Annual Specified Amount"  means  the  amounts  specified
31    below for fiscal years 1986 through 1993:
32             Fiscal Year              Annual Specified Amount
33                 1986                       $54,800,000
34                 1987                       $76,650,000
 
                            -58-               LRB9215615SMdv
 1                 1988                       $80,480,000
 2                 1989                       $88,510,000
 3                 1990                       $115,330,000
 4                 1991                       $145,470,000
 5                 1992                       $182,730,000
 6                 1993                      $206,520,000;
 7    and  means  the Certified Annual Debt Service Requirement (as
 8    defined in Section 13 of the Build Illinois Bond Act) or  the
 9    Tax  Act  Amount,  whichever is greater, for fiscal year 1994
10    and each fiscal year thereafter; and further  provided,  that
11    if  on  the last business day of any month the sum of (1) the
12    Tax Act Amount  required  to  be  deposited  into  the  Build
13    Illinois  Bond Account in the Build Illinois Fund during such
14    month and (2) the amount transferred to  the  Build  Illinois
15    Fund  from  the  State  and Local Sales Tax Reform Fund shall
16    have been less than 1/12 of the Annual Specified  Amount,  an
17    amount equal to the difference shall be immediately paid into
18    the  Build  Illinois  Fund  from other moneys received by the
19    Department pursuant to the Tax Acts; and,  further  provided,
20    that  in  no  event  shall  the  payments  required under the
21    preceding proviso result in aggregate payments into the Build
22    Illinois Fund pursuant to this clause (b) for any fiscal year
23    in excess of the greater of (i) the Tax Act  Amount  or  (ii)
24    the  Annual  Specified  Amount  for  such  fiscal  year.  The
25    amounts payable into the Build Illinois Fund under clause (b)
26    of the first sentence in this paragraph shall be payable only
27    until such time as the aggregate amount on deposit under each
28    trust  indenture  securing  Bonds  issued   and   outstanding
29    pursuant to the Build Illinois Bond Act is sufficient, taking
30    into  account any future investment income, to fully provide,
31    in accordance with such indenture, for the defeasance  of  or
32    the  payment  of  the  principal  of,  premium,  if  any, and
33    interest on the Bonds secured by such indenture  and  on  any
34    Bonds expected to be issued thereafter and all fees and costs
 
                            -59-               LRB9215615SMdv
 1    payable  with  respect  thereto,  all  as  certified  by  the
 2    Director  of  the  Bureau  of  the  Budget.   If  on the last
 3    business day of any month  in  which  Bonds  are  outstanding
 4    pursuant  to  the  Build  Illinois Bond Act, the aggregate of
 5    moneys deposited in the Build Illinois Bond  Account  in  the
 6    Build  Illinois  Fund  in  such  month shall be less than the
 7    amount required to be transferred  in  such  month  from  the
 8    Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
 9    Retirement and Interest Fund pursuant to Section  13  of  the
10    Build  Illinois  Bond Act, an amount equal to such deficiency
11    shall be immediately paid from other moneys received  by  the
12    Department  pursuant  to  the  Tax Acts to the Build Illinois
13    Fund; provided, however, that any amounts paid to  the  Build
14    Illinois  Fund  in  any fiscal year pursuant to this sentence
15    shall be deemed to constitute payments pursuant to clause (b)
16    of the first sentence of this paragraph and shall reduce  the
17    amount  otherwise  payable  for  such fiscal year pursuant to
18    that clause (b).   The  moneys  received  by  the  Department
19    pursuant  to  this  Act and required to be deposited into the
20    Build Illinois Fund are subject  to  the  pledge,  claim  and
21    charge  set  forth  in  Section 12 of the Build Illinois Bond
22    Act.
23        Subject to payment of amounts  into  the  Build  Illinois
24    Fund  as  provided  in  the  preceding  paragraph  or  in any
25    amendment thereto hereafter enacted, the following  specified
26    monthly   installment   of   the   amount  requested  in  the
27    certificate of the Chairman  of  the  Metropolitan  Pier  and
28    Exposition  Authority  provided  under  Section  8.25f of the
29    State Finance Act, but not in excess of  sums  designated  as
30    "Total  Deposit",  shall  be  deposited in the aggregate from
31    collections under Section 9 of the Use Tax Act, Section 9  of
32    the  Service Use Tax Act, Section 9 of the Service Occupation
33    Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
34    into  the  McCormick  Place  Expansion  Project  Fund  in the
 
                            -60-               LRB9215615SMdv
 1    specified fiscal years.
 2               Fiscal Year                           Total Deposit
 3                   1993                                        $0
 4                   1994                                53,000,000
 5                   1995                                58,000,000
 6                   1996                                61,000,000
 7                   1997                                64,000,000
 8                   1998                                68,000,000
 9                   1999                                71,000,000
10                   2000                                75,000,000
11                   2001                                80,000,000
12                   2002                                93,000,000
13                   2003                                99,000,000
14                   2004                               103,000,000
15                   2005                               108,000,000
16                   2006                               113,000,000
17                   2007                               119,000,000
18                   2008                               126,000,000
19                   2009                               132,000,000
20                   2010                               139,000,000
21                   2011                               146,000,000
22                   2012                               153,000,000
23                   2013                               161,000,000
24                   2014                               170,000,000
25                   2015                               179,000,000
26                   2016                               189,000,000
27                   2017                               199,000,000
28                   2018                               210,000,000
29                   2019                               221,000,000
30                   2020                               233,000,000
31                   2021                               246,000,000
32                   2022                               260,000,000
33                 2023 and                             275,000,000
34    each fiscal year
 
                            -61-               LRB9215615SMdv
 1    thereafter that bonds
 2    are outstanding under
 3    Section 13.2 of the
 4    Metropolitan Pier and
 5    Exposition Authority
 6    Act, but not after fiscal year 2042.
 7        Beginning July 20, 1993 and in each month of each  fiscal
 8    year  thereafter,  one-eighth  of the amount requested in the
 9    certificate of the Chairman  of  the  Metropolitan  Pier  and
10    Exposition  Authority  for  that fiscal year, less the amount
11    deposited into the McCormick Place Expansion Project Fund  by
12    the  State Treasurer in the respective month under subsection
13    (g) of Section 13 of the  Metropolitan  Pier  and  Exposition
14    Authority  Act,  plus cumulative deficiencies in the deposits
15    required under this Section for previous  months  and  years,
16    shall be deposited into the McCormick Place Expansion Project
17    Fund,  until  the  full amount requested for the fiscal year,
18    but not in excess of the amount  specified  above  as  "Total
19    Deposit", has been deposited.
20        Subject  to  payment  of  amounts into the Build Illinois
21    Fund and the McCormick Place Expansion Project Fund  pursuant
22    to  the  preceding  paragraphs  or  in  any amendment thereto
23    hereafter enacted, each month the Department shall  pay  into
24    the  Local  Government  Distributive  Fund  0.4%  of  the net
25    revenue realized for the preceding month from the 5%  general
26    rate  or  0.4%  of  80%  of  the net revenue realized for the
27    preceding month from the 6.25% general rate, as the case  may
28    be,  on the selling price of tangible personal property which
29    amount shall, subject to  appropriation,  be  distributed  as
30    provided  in  Section 2 of the State Revenue Sharing Act.  No
31    payments or distributions pursuant to this paragraph shall be
32    made if the  tax  imposed  by  this  Act  on  photoprocessing
33    products  is  declared  unconstitutional,  or if the proceeds
34    from such tax are unavailable  for  distribution  because  of
 
                            -62-               LRB9215615SMdv
 1    litigation.
 2        Subject  to  payment  of  amounts into the Build Illinois
 3    Fund, and the McCormick Place Expansion Project Fund, and the
 4    Local Government Distributive Fund pursuant to the  preceding
 5    paragraphs  or  in  any amendments thereto hereafter enacted,
 6    beginning July 1, 1993, the Department shall each  month  pay
 7    into  the Illinois Tax Increment Fund 0.27% of 80% of the net
 8    revenue realized for  the  preceding  month  from  the  6.25%
 9    general  rate  on  the  selling  price  of  tangible personal
10    property.
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 with the receipt of the first report of taxes  paid
16    by  an eligible business and continuing for a 25-year period,
17    the  Department  shall  each  month  pay  into   the   Energy
18    Infrastructure  Fund 80% of the net revenue realized from the
19    6.25% general rate on the  selling  price  of  Illinois-mined
20    coal  that was sold to an eligible business.  For purposes of
21    this paragraph, the term  "eligible  business"  means  a  new
22    electric  generating  facility  certified pursuant to Section
23    605-332 of the Department of Commerce and  Community  Affairs
24    Law of the Civil Administrative Code of Illinois.
25        Of the remainder of the moneys received by the Department
26    pursuant  to  this  Act,  75%  thereof shall be paid into the
27    State Treasury and 25% shall be reserved in a special account
28    and used only for the transfer to the Common School  Fund  as
29    part of the monthly transfer from the General Revenue Fund in
30    accordance with Section 8a of the State Finance Act.
31        The  Department  may,  upon  separate written notice to a
32    taxpayer, require the taxpayer to prepare and file  with  the
33    Department  on a form prescribed by the Department within not
34    less than 60 days after  receipt  of  the  notice  an  annual
 
                            -63-               LRB9215615SMdv
 1    information  return for the tax year specified in the notice.
 2    Such  annual  return  to  the  Department  shall  include   a
 3    statement  of  gross receipts as shown by the retailer's last
 4    Federal income tax return.  If  the  total  receipts  of  the
 5    business  as reported in the Federal income tax return do not
 6    agree with the gross receipts reported to the  Department  of
 7    Revenue for the same period, the retailer shall attach to his
 8    annual  return  a  schedule showing a reconciliation of the 2
 9    amounts and the reasons for the difference.   The  retailer's
10    annual  return to the Department shall also disclose the cost
11    of goods sold by the retailer during the year covered by such
12    return, opening and closing inventories  of  such  goods  for
13    such year, costs of goods used from stock or taken from stock
14    and  given  away  by  the  retailer during such year, payroll
15    information of the retailer's business during such  year  and
16    any  additional  reasonable  information which the Department
17    deems would be helpful in determining  the  accuracy  of  the
18    monthly,  quarterly  or annual returns filed by such retailer
19    as provided for in this Section.
20        If the annual information return required by this Section
21    is not filed when and as  required,  the  taxpayer  shall  be
22    liable as follows:
23             (i)  Until  January  1,  1994, the taxpayer shall be
24        liable for a penalty equal to 1/6 of 1% of  the  tax  due
25        from such taxpayer under this Act during the period to be
26        covered  by  the annual return for each month or fraction
27        of a month until such return is filed  as  required,  the
28        penalty  to  be assessed and collected in the same manner
29        as any other penalty provided for in this Act.
30             (ii)  On and after January  1,  1994,  the  taxpayer
31        shall be liable for a penalty as described in Section 3-4
32        of the Uniform Penalty and Interest Act.
33        The chief executive officer, proprietor, owner or highest
34    ranking  manager  shall sign the annual return to certify the
 
                            -64-               LRB9215615SMdv
 1    accuracy of the information contained therein.    Any  person
 2    who  willfully  signs  the  annual return containing false or
 3    inaccurate  information  shall  be  guilty  of  perjury   and
 4    punished  accordingly.   The annual return form prescribed by
 5    the Department  shall  include  a  warning  that  the  person
 6    signing the return may be liable for perjury.
 7        The  provisions  of this Section concerning the filing of
 8    an annual information return do not apply to a  retailer  who
 9    is  not required to file an income tax return with the United
10    States Government.
11        As soon as possible after the first day  of  each  month,
12    upon   certification   of  the  Department  of  Revenue,  the
13    Comptroller shall order transferred and the  Treasurer  shall
14    transfer  from the General Revenue Fund to the Motor Fuel Tax
15    Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
16    realized  under  this  Act  for  the  second preceding month.
17    Beginning April 1, 2000, this transfer is no longer  required
18    and shall not be made.
19        Net  revenue  realized  for  a month shall be the revenue
20    collected by the State pursuant to this Act, less the  amount
21    paid  out  during  that  month  as  refunds  to taxpayers for
22    overpayment of liability.
23        For greater simplicity of administration,  manufacturers,
24    importers  and  wholesalers whose products are sold at retail
25    in Illinois by numerous retailers, and who wish to do so, may
26    assume the responsibility for accounting and  paying  to  the
27    Department  all  tax  accruing under this Act with respect to
28    such sales, if the retailers who are  affected  do  not  make
29    written objection to the Department to this arrangement.
30        Any  person  who  promotes,  organizes,  provides  retail
31    selling  space  for concessionaires or other types of sellers
32    at the Illinois State Fair, DuQuoin State Fair, county fairs,
33    local fairs, art shows, flea markets and similar  exhibitions
34    or  events,  including  any  transient merchant as defined by
 
                            -65-               LRB9215615SMdv
 1    Section 2 of the Transient Merchant Act of 1987, is  required
 2    to  file  a  report with the Department providing the name of
 3    the merchant's business, the name of the  person  or  persons
 4    engaged  in  merchant's  business,  the permanent address and
 5    Illinois Retailers Occupation Tax Registration Number of  the
 6    merchant,  the  dates  and  location  of  the event and other
 7    reasonable information that the Department may require.   The
 8    report must be filed not later than the 20th day of the month
 9    next  following  the month during which the event with retail
10    sales was held.  Any  person  who  fails  to  file  a  report
11    required  by  this  Section commits a business offense and is
12    subject to a fine not to exceed $250.
13        Any person engaged in the business  of  selling  tangible
14    personal property at retail as a concessionaire or other type
15    of  seller  at  the  Illinois  State  Fair, county fairs, art
16    shows, flea markets and similar exhibitions or events, or any
17    transient merchants, as defined by Section 2 of the Transient
18    Merchant Act of 1987, may be required to make a daily  report
19    of  the  amount of such sales to the Department and to make a
20    daily payment of the full amount of tax due.  The  Department
21    shall  impose  this requirement when it finds that there is a
22    significant risk of loss of revenue to the State at  such  an
23    exhibition  or  event.   Such  a  finding  shall  be based on
24    evidence that a  substantial  number  of  concessionaires  or
25    other  sellers  who  are  not  residents  of Illinois will be
26    engaging  in  the  business  of  selling  tangible   personal
27    property  at  retail  at  the  exhibition  or event, or other
28    evidence of a significant risk of  loss  of  revenue  to  the
29    State.  The Department shall notify concessionaires and other
30    sellers  affected  by the imposition of this requirement.  In
31    the  absence  of  notification   by   the   Department,   the
32    concessionaires and other sellers shall file their returns as
33    otherwise required in this Section.
34    (Source: P.A.   91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;
 
                            -66-               LRB9215615SMdv
 1    91-101, eff. 7-12-99;  91-541,  eff.  8-13-99;  91-872,  eff.
 2    7-1-00;  91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff.
 3    6-28-01; 92-208, eff. 8-2-01; 92-484, eff.  8-23-01;  92-492,
 4    eff. 1-1-02; revised 9-14-01.)

 5        Section  99.   Effective  date.  This Act takes effect on
 6    July 1, 2002.

[ Top ]