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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, "motor31vehicle" has the meaning prescribed in Section 1-157 of The32Illinois Vehicle Code, as now or hereafter amended. (Nothing-16- LRB9215615SMdv 1provided herein shall affect liability incurred under this2Act 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"23has the meaning prescribed in Section 1-157 of The Illinois24Vehicle Code, as now or hereafter amended. (Nothing provided25herein shall affect liability incurred under this Act because26of 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,andthe 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.