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Public Act 103-0712 |
HB5412 Enrolled | LRB103 34192 HLH 64015 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Reimagining Energy and Vehicles in Illinois |
Act is amended by changing Section 30 as follows: |
(20 ILCS 686/30)
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Sec. 30. Tax credit awards. |
(a) Subject to the conditions set forth in this Act, a |
taxpayer is entitled to a credit against the tax imposed |
pursuant to subsections (a) and (b) of Section 201 of the |
Illinois Income Tax Act for a taxable year beginning on or |
after January 1, 2025 if the taxpayer is awarded a credit by |
the Department in accordance with an agreement under this Act. |
The Department has authority to award credits under this Act |
on and after January 1, 2022. |
(b) REV Illinois Credits. A taxpayer may receive a tax |
credit against the tax imposed under subsections (a) and (b) |
of Section 201 of the Illinois Income Tax Act, not to exceed |
the sum of (i) 75% of the incremental income tax attributable |
to new employees at the applicant's project and (ii) 10% of the |
training costs of the new employees. If the project is located |
in an underserved area or an energy transition area, then the |
amount of the credit may not exceed the sum of (i) 100% of the |
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incremental income tax attributable to new employees at the |
applicant's project; and (ii) 10% of the training costs of the |
new employees. The percentage of training costs includable in |
the calculation may be increased by an additional 15% for |
training costs associated with new employees that are recent |
(2 years or less) graduates, certificate holders, or |
credential recipients from an institution of higher education |
in Illinois, or, if the training is provided by an institution |
of higher education in Illinois, the Clean Jobs Workforce |
Network Program, or an apprenticeship and training program |
located in Illinois and approved by and registered with the |
United States Department of Labor's Bureau of Apprenticeship |
and Training. An applicant is also eligible for a training |
credit that shall not exceed 10% of the training costs of |
retained employees for the purpose of upskilling to meet the |
operational needs of the applicant or the REV Illinois |
Project. The percentage of training costs includable in the |
calculation shall not exceed a total of 25%. If an applicant |
agrees to hire the required number of new employees, then the |
maximum amount of the credit for that applicant may be |
increased by an amount not to exceed 75% of the incremental |
income tax attributable to retained employees at the |
applicant's project; provided that, in order to receive the |
increase for retained employees, the applicant must, if |
applicable, meet or exceed the statewide baseline. For |
agreements entered into on or after the effective date of this |
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amendatory Act of the 103rd General Assembly and before June |
1, 2024 that qualify under paragraph (5) of subsection (c) of |
Section 20, a taxpayer may receive a tax credit not to exceed |
75% of the incremental income tax attributable to retained |
employees at the applicant's project. If the project is in an |
underserved area or an energy transition area and qualifies |
under paragraph (5) of subsection (c) of Section 20, then the |
maximum amount of the credit attributable to retained |
employees for the applicant may be increased to an amount not |
to exceed 100% of the incremental income tax attributable to |
retained employees at the applicant's project. |
If the Project is in an underserved area or an energy |
transition area, the maximum amount of the credit attributable |
to retained employees for the applicant may be increased to an |
amount not to exceed 100% of the incremental income tax |
attributable to retained employees at the applicant's project; |
provided that, in order to receive the increase for retained |
employees, the applicant must meet or exceed the statewide |
baseline. REV Illinois Credits awarded may include credit |
earned for incremental income tax withheld and training costs |
incurred by the taxpayer beginning on or after January 1, |
2022. Credits so earned and certified by the Department may be |
applied against the tax imposed by subsections (a) and (b) of |
Section 201 of the Illinois Income Tax Act for taxable years |
beginning on or after January 1, 2025. |
(c) REV Construction Jobs Credit. For construction wages |
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associated with a project that qualified for a REV Illinois |
Credit under subsection (b), the taxpayer may receive a tax |
credit against the tax imposed under subsections (a) and (b) |
of Section 201 of the Illinois Income Tax Act in an amount |
equal to 50% of the incremental income tax attributable to |
construction wages paid in connection with construction of the |
project facilities, as a jobs credit for workers hired to |
construct the project. |
The REV Construction Jobs Credit may not exceed 75% of the |
amount of the incremental income tax attributable to |
construction wages paid in connection with construction of the |
project facilities if the project is in an underserved area or |
an energy transition area. |
(d) The Department shall certify to the Department of |
Revenue: (1) the identity of Taxpayers that are eligible for |
the REV Illinois Credit and REV Construction Jobs Credit; (2) |
the amount of the REV Illinois Credits and REV Construction |
Jobs Credits awarded in each calendar year; and (3) the amount |
of the REV Illinois Credit and REV Construction Jobs Credit |
claimed in each calendar year. REV Illinois Credits awarded |
may include credit earned for Incremental Income Tax withheld |
and Training Costs incurred by the Taxpayer beginning on or |
after January 1, 2022. Credits so earned and certified by the |
Department may be applied against the tax imposed by Section |
201(a) and (b) of the Illinois Income Tax Act for taxable years |
beginning on or after January 1, 2025. |
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(e) Applicants seeking certification for tax credits |
related to the construction of the project facilities in the |
State shall require the contractor to enter into a project |
labor agreement that conforms with the Project Labor |
Agreements Act. |
(f) Any applicant issued a certificate for a tax credit or |
tax exemption under this Act must annually report to the |
Department the total project tax benefits received. Reports |
are due no later than May 31 of each year and shall cover the |
previous calendar year. The first report is for the 2022 |
calendar year and is due no later than May 31, 2023. Failure to |
report data may result in ineligibility to receive incentives. |
The Department, in consultation with the Department of |
Revenue, is authorized to adopt rules governing ineligibility |
to receive exemptions, including the length of ineligibility. |
Factors to be considered in determining whether a business is |
ineligible shall include, but are not limited to, prior |
compliance with the reporting requirements, cooperation in |
discontinuing and correcting violations, the extent of the |
violation, and whether the violation was willful or |
inadvertent. |
For applicants issued a certificate of exemption under |
Section 105 of this Act, the report shall be the same as |
required for a High Impact Business under subsection (a-5) of |
Section 8.1 of the Illinois Enterprise Zone Act. Failure to |
report data may result in revocation of the building materials |
|
exemption certificate issued to a taxpayer. The Department of |
Revenue is authorized to adopt rules governing revocation |
determinations, including the length of revocation. Factors to |
be considered in revocations shall include, but are not |
limited to, prior compliance with the reporting requirements, |
cooperation in discontinuing and correcting violations, and |
whether the certificate was used unlawfully during the |
preceding year. |
Each person required to file a return under the Gas |
Revenue Tax Act, the Electricity Excise Tax Law, or the |
Telecommunications Excise Tax Act shall file a report |
containing information about customers that are issued an |
exemption certificate under Section 95 of this Act in the same |
manner and form as they are required to report under |
subsection (b) of Section 8.1 of the Illinois Enterprise Zone |
Act. |
(g) Nothing in this Act shall prohibit an award of credit |
to an applicant that uses a PEO if all other award criteria are |
satisfied. |
(h) With respect to any portion of a REV Illinois Credit |
that is based on the incremental income tax attributable to |
new employees or retained employees, in lieu of the Credit |
allowed under this Act against the taxes imposed pursuant to |
subsections (a) and (b) of Section 201 of the Illinois Income |
Tax Act, a taxpayer that otherwise meets the criteria set |
forth in this Section, the taxpayer may elect to claim the |
|
credit, on or after January 1, 2025, against its obligation to |
pay over withholding under Section 704A of the Illinois Income |
Tax Act. The election shall be made in the manner prescribed by |
the Department of Revenue and once made shall be irrevocable.
|
(i) The Department of Revenue, in its discretion, may |
require that the reports filed under this Section be submitted |
electronically. |
(j) The Department of Revenue shall have the authority to |
adopt rules as are reasonable and necessary to implement the |
provisions of this Section. |
(Source: P.A. 102-669, eff. 11-16-21; 102-1112, eff. 12-21-22; |
102-1125, eff. 2-3-23; 103-9, eff. 6-7-23.) |
Section 10. The Manufacturing Illinois Chips for Real |
Opportunity (MICRO) Act is amended by changing Section 110-30 |
as follows: |
(35 ILCS 45/110-30)
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Sec. 110-30. Tax credit awards. |
(a) Subject to the conditions set forth in this Act, a |
taxpayer is entitled to a credit against the tax imposed |
pursuant to subsections (a) and (b) of Section 201 of the |
Illinois Income Tax Act for a taxable year beginning on or |
after January 1, 2025 if the taxpayer is awarded a credit by |
the Department in accordance with an agreement under this Act. |
The Department has authority to award credits under this Act |
|
on and after January 1, 2023. |
(b) A taxpayer may receive a tax credit against the tax |
imposed under subsections (a) and (b) of Section 201 of the |
Illinois Income Tax Act, not to exceed the sum of (i) 75% of |
the incremental income tax attributable to new employees at |
the applicant's project and (ii) 10% of the training costs of |
the new employees. If the project is located in an underserved |
area or an energy transition area, then the amount of the |
credit may not exceed the sum of (i) 100% of the incremental |
income tax attributable to new employees at the applicant's |
project; and (ii) 10% of the training costs of the new |
employees. The percentage of training costs includable in the |
calculation may be increased by an additional 15% for training |
costs associated with new employees that are recent (2 years |
or less) graduates, certificate holders, or credential |
recipients from an institution of higher education in |
Illinois, or, if the training is provided by an institution of |
higher education in Illinois, the Clean Jobs Workforce Network |
Program, or an apprenticeship and training program located in |
Illinois and approved by and registered with the United States |
Department of Labor's Bureau of Apprenticeship and Training. |
An applicant is also eligible for a training credit that shall |
not exceed 10% of the training costs of retained employees for |
the purpose of upskilling to meet the operational needs of the |
applicant or the project. The percentage of training costs |
includable in the calculation shall not exceed a total of 25%. |
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If an applicant agrees to hire the required number of new |
employees, then the maximum amount of the credit for that |
applicant may be increased by an amount not to exceed 75% of |
the incremental income tax attributable to retained employees |
at the applicant's project; provided that, in order to receive |
the increase for retained employees, the applicant must, if |
applicable, meet or exceed the statewide baseline. If the |
Project is in an underserved area or an energy transition |
area, the maximum amount of the credit attributable to |
retained employees for the applicant may be increased to an |
amount not to exceed 100% of the incremental income tax |
attributable to retained employees at the applicant's project; |
provided that, in order to receive the increase for retained |
employees, the applicant must meet or exceed the statewide |
baseline. Credits awarded may include credit earned for |
incremental income tax withheld and training costs incurred by |
the taxpayer beginning on or after January 1, 2023. Credits so |
earned and certified by the Department may be applied against |
the tax imposed by subsections (a) and (b) of Section 201 of |
the Illinois Income Tax Act for taxable years beginning on or |
after January 1, 2025. |
(c) MICRO Construction Jobs Credit. For construction wages |
associated with a project that qualified for a credit under |
subsection (b), the taxpayer may receive a tax credit against |
the tax imposed under subsections (a) and (b) of Section 201 of |
the Illinois Income Tax Act in an amount equal to 50% of the |
|
incremental income tax attributable to construction wages paid |
in connection with construction of the project facilities, as |
a jobs credit for workers hired to construct the project. |
The MICRO Construction Jobs Credit may not exceed 75% of |
the amount of the incremental income tax attributable to |
construction wages paid in connection with construction of the |
project facilities if the project is in an underserved area or |
an energy transition area. |
(d) The Department shall certify to the Department of |
Revenue: (1) the identity of taxpayers that are eligible for |
the MICRO Credit and MICRO Construction Jobs Credit; (2) the |
amount of the MICRO Credits and MICRO Construction Jobs |
Credits awarded in each calendar year; and (3) the amount of |
the MICRO Credit and MICRO Construction Jobs Credit claimed in |
each calendar year. MICRO Credits awarded may include credit |
earned for incremental income tax withheld and training costs |
incurred by the taxpayer beginning on or after January 1, |
2023. Credits so earned and certified by the Department may be |
applied against the tax imposed by Section 201(a) and (b) of |
the Illinois Income Tax Act for taxable years beginning on or |
after January 1, 2025. |
(e) Applicants seeking certification for a tax credits |
related to the construction of the project facilities in the |
State shall require the contractor to enter into a project |
labor agreement that conforms with the Project Labor |
Agreements Act. |
|
(f) Any applicant issued a certificate for a tax credit or |
tax exemption under this Act must annually report to the |
Department the total project tax benefits received. Reports |
are due no later than May 31 of each year and shall cover the |
previous calendar year. The first report is for the 2023 |
calendar year and is due no later than May 31, 2023. Failure to |
report data may result in ineligibility to receive incentives. |
The Department, in consultation with the Department of |
Revenue, is authorized to adopt rules governing ineligibility |
to receive exemptions, including the length of ineligibility. |
Factors to be considered in determining whether a business is |
ineligible shall include, but are not limited to, prior |
compliance with the reporting requirements, cooperation in |
discontinuing and correcting violations, the extent of the |
violation, and whether the violation was willful or |
inadvertent. |
For applicants issued a certificate of exemption under |
Section 110-105 of this Act, the report shall be the same as |
required for a High Impact Business under subsection (a-5) of |
Section 8.1 of the Illinois Enterprise Zone Act. Failure to |
report data may result in revocation of the building materials |
exemption certificate issued to a taxpayer. The Department of |
Revenue is authorized to adopt rules governing revocation |
determinations, including the length of revocation. Factors to |
be considered in revocations shall include, but are not |
limited to, prior compliance with the reporting requirements, |
|
cooperation in discontinuing and correcting violations, and |
whether the certificate was used unlawfully during the |
preceding year. |
Each person required to file a return under the Gas |
Revenue Tax Act, the Electricity Excise Tax Act, or the |
Telecommunications Excise Tax Act shall file a report on |
customers issued an exemption certificate under Section 110-95 |
of this Act in the same manner and form as they are required to |
report under subsection (b) of Section 8.1 of the Illinois |
Enterprise Zone Act. |
(g) Nothing in this Act shall prohibit an award of credit |
to an applicant that uses a PEO if all other award criteria are |
satisfied. |
(h) With respect to any portion of a credit that is based |
on the incremental income tax attributable to new employees or |
retained employees, in lieu of the credit allowed under this |
Act against the taxes imposed pursuant to subsections (a) and |
(b) of Section 201 of the Illinois Income Tax Act, a taxpayer |
that otherwise meets the criteria set forth in this Section, |
the taxpayer may elect to claim the credit, on or after January |
1, 2025, against its obligation to pay over withholding under |
Section 704A of the Illinois Income Tax Act. The election |
shall be made in the manner prescribed by the Department of |
Revenue and once made shall be irrevocable.
|
(i) The Department of Revenue, in its discretion, may |
require that the reports filed under this Section be submitted |
|
electronically. |
(j) The Department of Revenue shall have the authority to |
adopt rules as are reasonable and necessary to implement the |
provisions of this Section. |
(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; |
revised 4-5-23.) |
Section 15. The Retailers' Occupation Tax Act is amended |
by changing Sections 5m and 5n as follows: |
(35 ILCS 120/5m) |
Sec. 5m. Building materials exemption; REV Illinois |
projects. Each retailer who makes a sale of building materials |
that will be incorporated into a REV Illinois Project for |
which a certificate of exemption has been issued by the |
Department of Commerce and Economic Opportunity under Section |
105 of the Reimagining Energy and Vehicles in Illinois Act may |
deduct receipts from those sales when calculating any State or |
local use and occupation taxes. No retailer who is eligible |
for the deduction or credit under Section 5k of this Act |
related to enterprise zones or Section 5l of this Act related |
to High Impact Businesses for a given sale shall be eligible |
for the deduction or credit authorized under this Section for |
that same sale. |
To In addition to any other requirements to document the |
exemption allowed under this Section, the retailer must obtain |
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from the purchaser the purchaser's REV Illinois Building |
Materials Exemption certificate number issued by the |
Department and a certification that contains: . |
(1) a statement that the building materials are being |
purchased for incorporation into a REV Illinois Project; |
(2) the location or address of the real estate into |
which the building materials will be incorporated; |
(3) the name and address of the construction |
contractor or other entity; |
(4) a description of the building materials being |
purchased; |
(5) the purchaser's REV Illinois Building Materials |
Exemption Certificate number issued by the Department of |
Revenue; and |
(6) the purchaser's signature and date of purchase. |
A construction contractor or other entity shall not make |
tax-free purchases under this Section unless it has an active |
REV Illinois Building Materials Exemption Certificate issued |
by the Department at the time of purchase. |
Upon request from the certified manufacturer, the |
Department shall issue a REV Illinois Building Materials |
Exemption Certificate for each construction contractor or |
other entity identified by the certified manufacturer. The |
Department shall make the REV Illinois Building Materials |
Exemption Certificates available to each construction |
contractor or other entity identified by the certified |
|
manufacturer and to the certified manufacturer. The request |
for REV Illinois Building Materials Exemption Certificates |
under this Section must include the following information: |
(1) the name and address of the construction |
contractor or other entity; |
(2) the name and location or address of the building |
project site; |
(3) the estimated amount of the exemption for each |
construction contractor or other entity for which a |
request for a REV Illinois Building Materials Exemption |
Certificate is made, based on a stated estimated average |
tax rate and the percentage of the contract that consists |
of materials; |
(4) the period of time over which supplies for the |
project are expected to be purchased; and |
(5) other reasonable information as the Department may |
require, including but not limited to FEIN numbers, to |
determine if the contractor or other entity, or any |
partner, or a corporate officer, and in the case of a |
limited liability company, any manager or member, of the |
construction contractor or other entity, is or has been |
the owner, a partner, a corporate officer, and in the case |
of a limited liability company, a manager or member, of a |
person that is in default for moneys due to the Department |
under this Act or any other tax or fee Act administered by |
the Department. |
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The Department shall issue the REV Illinois Building |
Materials Exemption Certificates within 3 business days after |
receipt of the request from the certified manufacturer. This |
requirement does not apply in circumstances where the |
Department, for reasonable cause, is unable to issue the |
Exemption Certificate within 3 business days. The Department |
may refuse to issue a REV Illinois Building Materials |
Exemption Certificate if the owner, any partner, or a |
corporate officer, and in the case of a limited liability |
company, any manager or member, of the construction contractor |
or other entity is or has been the owner, a partner, a |
corporate officer, and in the case of a limited liability |
company, a manager or member, of a person that is in default |
for moneys due to the Department under this Act or any other |
tax or fee Act administered by the Department. |
The REV Illinois Building Materials Exemption Certificate |
shall contain language stating that if the construction |
contractor or other entity who is issued the Exemption |
Certificate makes a tax-exempt purchase, as described in this |
Section, that is not eligible for exemption under this Section |
or allows another person to make a tax-exempt purchase, as |
described in this Section, that is not eligible for exemption |
under this Section, then, in addition to any tax or other |
penalty imposed, the construction contractor or other entity |
is subject to a penalty equal to the tax that would have been |
paid by the retailer under this Act as well as any applicable |
|
local retailers' occupation tax on the purchase that is not |
eligible for the exemption. |
The Department, in its discretion, may require that the |
request for REV Illinois Building Materials Exemption |
Certificates be submitted electronically. The Department may, |
in its discretion, issue the Exemption Certificates |
electronically. The REV Illinois Building Materials Exemption |
Certificate number shall be designed in such a way that the |
Department can identify from the unique number on the |
Exemption Certificate issued to a given construction |
contractor or other entity, the name of the REV Illinois |
project site and the construction contractor or other entity |
to whom the Exemption Certificate is issued. The REV Illinois |
Building Materials Exemption Certificate shall contain an |
expiration date, which shall be no more than 5 years after the |
date of issuance. At the request of the certified |
manufacturer, the Department may renew a REV Illinois Building |
Materials Exemption Certificate. After the Department issues |
Exemption Certificates for a given REV Illinois project site, |
the certified manufacturer may notify the Department of |
additional construction contractors or other entities that are |
eligible for a REV Illinois Building Materials Exemption |
Certificate. Upon receiving such a notification and subject to |
the other provisions of this Section, the Department shall |
issue a REV Illinois Building Materials Exemption Certificate |
to each additional construction contractor or other entity so |
|
identified. A certified manufacturer may ask the Department to |
rescind a REV Illinois Building Materials Exemption |
Certificate previously issued by the Department to a |
construction contractor or other entity working at that |
certified manufacturer's REV Illinois project site if that REV |
Illinois Building Materials Exemption Certificate has not yet |
expired. Upon receiving such a request and subject to the |
other provisions of this Section, the Department shall issue |
the rescission of the REV Illinois Building Materials |
Exemption Certificate to the construction contractor or other |
entity identified by the certified manufacturer and provide a |
copy of the rescission to the construction contractor or other |
entity and to the certified manufacturer. |
If the Department of Revenue determines that a |
construction contractor or other entity that was issued an |
Exemption Certificate under this Section made a tax-exempt |
purchase, as described in this Section, that was not eligible |
for exemption under this Section or allowed another person to |
make a tax-exempt purchase, as described in this Section, that |
was not eligible for exemption under this Section, then, in |
addition to any tax or other penalty imposed, the construction |
contractor or other entity is subject to a penalty equal to the |
tax that would have been paid by the retailer under this Act as |
well as any applicable local retailers' occupation tax on the |
purchase that was not eligible for the exemption. |
This Section is exempt from the provisions of Section |
|
2-70.
|
As used in this Section, "certified manufacturer" means a |
person certified by the Department of Commerce and Economic |
Opportunity under Section 105 of the Reimagining Energy and |
Vehicles in Illinois Act. |
(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23.) |
(35 ILCS 120/5n) |
Sec. 5n. Building materials exemption; microchip and |
semiconductor manufacturing. Each retailer who makes a sale of |
building materials that will be incorporated into real estate |
in a qualified facility for which a certificate of exemption |
has been issued by the Department of Commerce and Economic |
Opportunity under Section 110-105 of the Manufacturing |
Illinois Chips for Real Opportunity (MICRO) Act, may deduct |
receipts from such sales when calculating any State or local |
use and occupation taxes. No retailer who is eligible for the |
deduction or credit under Section 5k of this Act related to |
enterprise zones or Section 5l of this Act related to High |
Impact Businesses for a given sale shall be eligible for the |
deduction or credit authorized under this Section for that |
same sale. |
To In addition to any other requirements to document the |
exemption allowed under this Section, the retailer must obtain |
from the purchaser the purchaser's exemption certificate |
number issued by the Department and a certification that |
|
contains: . |
(1) a statement that the building materials are being |
purchased for incorporation into real estate in a |
qualified facility; |
(2) the location or address of the real estate into |
which the building materials will be incorporated; |
(3) the name and address of the construction |
contractor or other entity; |
(4) a description of the building materials being |
purchased; |
(5) the purchaser's MICRO Illinois Building Materials |
Exemption Certificate number issued by the Department of |
Revenue; and |
(6) the purchaser's signature and date of purchase. |
A construction contractor or other entity shall not make |
tax-free purchases unless it has an active exemption |
certificate issued by the Department at the time of purchase. |
Upon request from a person that has been certified by the |
Department of Commerce and Economic Opportunity under the |
Manufacturing Illinois Chips for Real Opportunity (MICRO) Act, |
the Department shall issue a MICRO Illinois Building Materials |
Exemption Certificate for each construction contractor or |
other entity identified by the person so certified. The |
Department shall make the MICRO Illinois Building Materials |
Exemption Certificates available to each construction |
contractor or other entity as well as the person certified |
|
under the Manufacturing Illinois Chips for Real Opportunity |
(MICRO) Act. The request for MICRO Illinois Building Materials |
Exemption Certificates must include the following information: |
(1) the name and address of the construction |
contractor or other entity; |
(2) the name and location or address of the building |
project site; |
(3) the estimated amount of the exemption for each |
construction contractor or other entity for which a |
request for an exemption certificate is made, based on a |
stated estimated average tax rate and the percentage of |
the contract that consists of materials; |
(4) the period of time over which supplies for the |
project are expected to be purchased; and |
(5) other reasonable information as the Department may |
require, including but not limited to FEIN numbers, to |
determine if the contractor or other entity, or any |
partner, or a corporate officer, and in the case of a |
limited liability company, any manager or member, of the |
construction contractor or other entity, is or has been |
the owner, a partner, a corporate officer, and in the case |
of a limited liability company, a manager or member, of a |
person that is in default for moneys due to the Department |
under this Act or any other tax or fee Act administered by |
the Department. |
The Department shall issue the exemption certificate |
|
within 3 business days after receipt of request. This |
requirement does not apply in circumstances where the |
Department, for reasonable cause, is unable to issue the |
exemption certificate within 3 business days. The Department |
may refuse to issue an exemption certificate under this |
Section if the owner, any partner, or a corporate officer, and |
in the case of a limited liability company, any manager or |
member, of the construction contractor or other entity is or |
has been the owner, a partner, a corporate officer, and in the |
case of a limited liability company, a manager or member, of a |
person that is in default for moneys due to the Department |
under this Act or any other tax or fee Act administered by the |
Department. |
The MICRO Illinois Building Materials Exemption |
Certificate shall contain language stating that, if the |
construction contractor or other entity who is issued the |
exemption certificate makes a tax-exempt purchase, as |
described in this Section, that is not eligible for exemption |
under this Section or allows another person to make a |
tax-exempt purchase, as described in this Section, that is not |
eligible for exemption under this Section, then, in addition |
to any tax or other penalty imposed, the construction |
contractor or other entity is subject to a penalty equal to the |
tax that would have been paid by the retailer under this Act as |
well as any applicable local retailers' occupation tax on the |
purchase that is not eligible for the exemption. |
|
The Department, in its discretion, may require that the |
request for a MICRO Illinois Exemption Certificate be |
submitted electronically. The Department may, in its |
discretion, issue the exemption certificates electronically. |
The MICRO Illinois Building Materials Exemption Certificate |
number shall be designed in such a way that the Department can |
identify from the unique number on the exemption certificate |
issued to a given construction contractor or other entity, the |
name of the entity to whom the exemption certificate is |
issued. The MICRO Illinois Building Materials Exemption |
Certificate shall contain an expiration date, which shall be |
no more than 5 years after the date of issuance. At the request |
of the entity to whom the exemption certificate is issued, the |
Department may renew an exemption certificate issued under |
this Section. After the Department issues exemption |
certificates under this Section, the certified entity may |
notify the Department of additional construction contractors |
or other entities eligible for an exemption certificate under |
this Section. Upon such a notification and subject to the |
other provisions of this Section, the Department shall issue |
an exemption certificate to each additional qualified |
construction contractor or other entity so identified. A |
certified entity may notify the Department to rescind an |
exemption certificate previously issued by the Department that |
has not yet expired. Upon such a notification and subject to |
the other provisions of this Section, the Department shall |
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rescind the exemption certificate. |
If the Department of Revenue determines that a |
construction contractor or other entity that was issued an |
exemption certificate under this Section made a tax-exempt |
purchase, as described in this Section, that was not eligible |
for exemption under this Section or allowed another person to |
make a tax-exempt purchase, as described in this Section, that |
was not eligible for exemption under this Section, then, in |
addition to any tax or other penalty imposed, the construction |
contractor or other entity is subject to a penalty equal to the |
tax that would have been paid by the retailer under this Act as |
well as any applicable local retailers' occupation tax on the |
purchase that was not eligible for the exemption. |
This Section is exempt from the provisions of Section |
2-70.
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(Source: P.A. 102-700, eff. 4-19-22.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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