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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||
4 | Section 5. The Downstate Public Transportation Act is | ||||||||||||||||||||||||||||||||
5 | amended by changing Section 2-3 as follows:
| ||||||||||||||||||||||||||||||||
6 | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| ||||||||||||||||||||||||||||||||
7 | Sec. 2-3. (a) As soon as possible after the first day of | ||||||||||||||||||||||||||||||||
8 | each month,
beginning July 1, 1984, upon certification of the | ||||||||||||||||||||||||||||||||
9 | Department of Revenue,
the Comptroller shall order | ||||||||||||||||||||||||||||||||
10 | transferred, and the Treasurer shall
transfer, from the General | ||||||||||||||||||||||||||||||||
11 | Revenue Fund to a special fund in the State
Treasury which is | ||||||||||||||||||||||||||||||||
12 | hereby created, to be known as the "Downstate Public
| ||||||||||||||||||||||||||||||||
13 | Transportation Fund", an amount equal to 2/32 (beginning July | ||||||||||||||||||||||||||||||||
14 | 1, 2005, 3/32) of the net revenue
realized from the "Retailers' | ||||||||||||||||||||||||||||||||
15 | Occupation Tax Act", as now or hereafter
amended, the "Service | ||||||||||||||||||||||||||||||||
16 | Occupation Tax Act", as now or hereafter amended,
the "Use Tax | ||||||||||||||||||||||||||||||||
17 | Act", as now or hereafter amended, and the "Service Use Tax
| ||||||||||||||||||||||||||||||||
18 | Act", as now or hereafter amended, from persons incurring | ||||||||||||||||||||||||||||||||
19 | municipal or
county retailers' or service occupation tax | ||||||||||||||||||||||||||||||||
20 | liability for the benefit of
any municipality or county located | ||||||||||||||||||||||||||||||||
21 | wholly within the boundaries of each
participant other than any | ||||||||||||||||||||||||||||||||
22 | Metro-East Transit District participant
certified pursuant to | ||||||||||||||||||||||||||||||||
23 | subsection (c) of this Section during the
preceding month, |
| |||||||
| |||||||
1 | except that the Department shall pay into the Downstate
Public | ||||||
2 | Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | ||||||
3 | of the net revenue realized under
the State tax Acts named | ||||||
4 | above within any municipality or county located
wholly within | ||||||
5 | the boundaries of each participant, other than any Metro-East
| ||||||
6 | participant, for tax periods beginning on or after January 1, | ||||||
7 | 1990.
Net revenue realized for a month shall be the revenue
| ||||||
8 | collected by the State pursuant to such Acts during the | ||||||
9 | previous month
from persons incurring municipal or county | ||||||
10 | retailers' or service
occupation tax liability for the benefit | ||||||
11 | of any municipality or county
located wholly within the | ||||||
12 | boundaries of a participant, less the amount
paid out during | ||||||
13 | that same month as refunds or credit memoranda to
taxpayers for | ||||||
14 | overpayment of liability under such Acts for the benefit
of any | ||||||
15 | municipality or county located wholly within the boundaries of | ||||||
16 | a
participant.
| ||||||
17 | (b) As soon as possible after the first day of each month, | ||||||
18 | beginning
July 1, 1989, upon certification of the Department of | ||||||
19 | Revenue, the
Comptroller shall order transferred, and the | ||||||
20 | Treasurer shall transfer, from
the General Revenue Fund to a | ||||||
21 | special fund in the State Treasury which is
hereby created, to | ||||||
22 | be known as the "Metro-East Public Transportation Fund",
an | ||||||
23 | amount equal to 2/32 of the net revenue realized, as above, | ||||||
24 | from within
the boundaries of Madison, Monroe, and St. Clair | ||||||
25 | Counties, except that the
Department shall pay into the | ||||||
26 | Metro-East Public Transportation Fund 2/32 of
80% of the net |
| |||||||
| |||||||
1 | revenue realized under the State tax Acts specified in
| ||||||
2 | subsection (a) of this Section within the boundaries of
| ||||||
3 | Madison, Monroe and St. Clair Counties for tax periods | ||||||
4 | beginning on or
after January 1, 1990. A local match
equivalent | ||||||
5 | to an amount which could be raised by a tax levy at the rate of
| ||||||
6 | .05% on the assessed value of property within the boundaries of | ||||||
7 | Madison County is required annually to cause a total of 2/32
of | ||||||
8 | the net revenue to be deposited in the Metro-East Public | ||||||
9 | Transportation
Fund. Failure to raise the required local match | ||||||
10 | annually shall result in
only 1/32 being deposited into the | ||||||
11 | Metro-East Public Transportation Fund
after July 1, 1989, or | ||||||
12 | 1/32 of 80% of the net revenue realized for tax
periods | ||||||
13 | beginning on or after January 1, 1990.
| ||||||
14 | (b-5) As soon as possible after the first day of each | ||||||
15 | month, beginning July 1, 2005, upon certification of the | ||||||
16 | Department of Revenue, the Comptroller shall order | ||||||
17 | transferred, and the Treasurer shall transfer, from the General | ||||||
18 | Revenue Fund to the Downstate Public Transportation Fund, an | ||||||
19 | amount equal to 3/32 of 80% of the net revenue realized from | ||||||
20 | within the boundaries of Monroe and St. Clair Counties under | ||||||
21 | the State Tax Acts specified in subsection (a) of this Section | ||||||
22 | and provided further that, beginning July 1, 2005, the | ||||||
23 | provisions of subsection (b) shall no longer apply with respect | ||||||
24 | to such tax receipts from Monroe and St. Clair Counties.
| ||||||
25 | (b-6) As soon as possible after the first day of each | ||||||
26 | month, beginning July 1, 2008, upon certification by the |
| |||||||
| |||||||
1 | Department of Revenue, the Comptroller shall order transferred | ||||||
2 | and the Treasurer shall transfer, from the General Revenue Fund | ||||||
3 | to the Downstate Public Transportation Fund, an amount equal to | ||||||
4 | 3/32 of 80% of the net revenue realized from within the | ||||||
5 | boundaries of Madison County under the State Tax Acts specified | ||||||
6 | in subsection (a) of this Section and provided further that, | ||||||
7 | beginning July 1, 2008, the provisions of subsection (b) shall | ||||||
8 | no longer apply with respect to such tax receipts from Madison | ||||||
9 | County. | ||||||
10 | (b-7) Beginning July 1, 2009, notwithstanding the other | ||||||
11 | provisions of this Section, instead of the Comptroller making | ||||||
12 | monthly transfers from the General Revenue Fund to the | ||||||
13 | Downstate Public Transportation Fund, the Department of | ||||||
14 | Revenue shall deposit the designated fraction of the net | ||||||
15 | revenue realized from collections under the Retailers' | ||||||
16 | Occupation Tax Act, the Service Occupation Tax Act, the Use Tax | ||||||
17 | Act, and the Service Use Tax Act directly into the Downstate | ||||||
18 | Public Transportation Fund. | ||||||
19 | (c) The Department shall certify to the Department of | ||||||
20 | Revenue the
eligible participants under this Article and the | ||||||
21 | territorial boundaries
of such participants for the purposes of | ||||||
22 | the Department of Revenue in
subsections (a) and (b) of this | ||||||
23 | Section.
| ||||||
24 | (d) For the purposes of this Article, beginning in fiscal | ||||||
25 | year 2009 the General Assembly shall appropriate
an amount from | ||||||
26 | the Downstate Public Transportation Fund equal to the sum total |
| |||||||
| |||||||
1 | funds projected to be paid to the
participants pursuant to | ||||||
2 | Section 2-7. If the General Assembly fails to make | ||||||
3 | appropriations sufficient to cover the amounts projected to be | ||||||
4 | paid pursuant to Section 2-7, this Act shall constitute an | ||||||
5 | irrevocable and continuing appropriation from the Downstate | ||||||
6 | Public Transportation Fund of all amounts necessary for those | ||||||
7 | purposes.
| ||||||
8 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
| ||||||
9 | Section 10. The Use Tax Act is amended by changing Section | ||||||
10 | 9 as follows:
| ||||||
11 | (35 ILCS 105/9) (from Ch. 120, par. 439.9)
| ||||||
12 | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||||||
13 | and
trailers that are required to be registered with an agency | ||||||
14 | of this State,
each retailer
required or authorized to collect | ||||||
15 | the tax imposed by this Act shall pay
to the Department the | ||||||
16 | amount of such tax (except as otherwise provided)
at the time | ||||||
17 | when he is required to file his return for the period during
| ||||||
18 | which such tax was collected, less a discount of 2.1% prior to
| ||||||
19 | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||||||
20 | per calendar
year, whichever is greater, which is allowed to | ||||||
21 | reimburse the retailer
for expenses incurred in collecting the | ||||||
22 | tax, keeping records, preparing
and filing returns, remitting | ||||||
23 | the tax and supplying data to the
Department on request. In the | ||||||
24 | case of retailers who report and pay the
tax on a transaction |
| |||||||
| |||||||
1 | by transaction basis, as provided in this Section,
such | ||||||
2 | discount shall be taken with each such tax remittance instead | ||||||
3 | of
when such retailer files his periodic return. A retailer | ||||||
4 | need not remit
that part of any tax collected by him to the | ||||||
5 | extent that he is required
to remit and does remit the tax | ||||||
6 | imposed by the Retailers' Occupation
Tax Act, with respect to | ||||||
7 | the sale of the same property.
| ||||||
8 | Where such tangible personal property is sold under a | ||||||
9 | conditional
sales contract, or under any other form of sale | ||||||
10 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
11 | extended beyond the close of
the period for which the return is | ||||||
12 | filed, the retailer, in collecting
the tax (except as to motor | ||||||
13 | vehicles, watercraft, aircraft, and
trailers that are required | ||||||
14 | to be registered with an agency of this State),
may collect for | ||||||
15 | each
tax return period, only the tax applicable to that part of | ||||||
16 | the selling
price actually received during such tax return | ||||||
17 | period.
| ||||||
18 | Except as provided in this Section, on or before the | ||||||
19 | twentieth day of each
calendar month, such retailer shall file | ||||||
20 | a return for the preceding
calendar month. Such return shall be | ||||||
21 | filed on forms prescribed by the
Department and shall furnish | ||||||
22 | such information as the Department may
reasonably require.
| ||||||
23 | The Department may require returns to be filed on a | ||||||
24 | quarterly basis.
If so required, a return for each calendar | ||||||
25 | quarter shall be filed on or
before the twentieth day of the | ||||||
26 | calendar month following the end of such
calendar quarter. The |
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| |||||||
1 | taxpayer shall also file a return with the
Department for each | ||||||
2 | of the first two months of each calendar quarter, on or
before | ||||||
3 | the twentieth day of the following calendar month, stating:
| ||||||
4 | 1. The name of the seller;
| ||||||
5 | 2. The address of the principal place of business from | ||||||
6 | which he engages
in the business of selling tangible | ||||||
7 | personal property at retail in this State;
| ||||||
8 | 3. The total amount of taxable receipts received by him | ||||||
9 | during the
preceding calendar month from sales of tangible | ||||||
10 | personal property by him
during such preceding calendar | ||||||
11 | month, including receipts from charge and
time sales, but | ||||||
12 | less all deductions allowed by law;
| ||||||
13 | 4. The amount of credit provided in Section 2d of this | ||||||
14 | Act;
| ||||||
15 | 5. The amount of tax due;
| ||||||
16 | 5-5. The signature of the taxpayer; and
| ||||||
17 | 6. Such other reasonable information as the Department | ||||||
18 | may
require.
| ||||||
19 | If a taxpayer fails to sign a return within 30 days after | ||||||
20 | the proper notice
and demand for signature by the Department, | ||||||
21 | the return shall be considered
valid and any amount shown to be | ||||||
22 | due on the return shall be deemed assessed.
| ||||||
23 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
24 | monthly tax
liability of $150,000 or more shall make all | ||||||
25 | payments required by rules of the
Department by electronic | ||||||
26 | funds transfer. Beginning October 1, 1994, a taxpayer
who has |
| |||||||
| |||||||
1 | an average monthly tax liability of $100,000 or more shall make | ||||||
2 | all
payments required by rules of the Department by electronic | ||||||
3 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
4 | an average monthly tax liability
of $50,000 or more shall make | ||||||
5 | all payments required by rules of the Department
by electronic | ||||||
6 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
7 | an annual tax liability of $200,000 or more shall make all | ||||||
8 | payments required by
rules of the Department by electronic | ||||||
9 | funds transfer. The term "annual tax
liability" shall be the | ||||||
10 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
11 | other State and local occupation and use tax laws administered | ||||||
12 | by the
Department, for the immediately preceding calendar year. | ||||||
13 | The term "average
monthly tax liability" means
the sum of the | ||||||
14 | taxpayer's liabilities under this Act, and under all other | ||||||
15 | State
and local occupation and use tax laws administered by the | ||||||
16 | Department, for the
immediately preceding calendar year | ||||||
17 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
18 | a tax liability in the
amount set forth in subsection (b) of | ||||||
19 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
20 | all payments required by rules of the Department by
electronic | ||||||
21 | funds transfer.
| ||||||
22 | Before August 1 of each year beginning in 1993, the | ||||||
23 | Department shall notify
all taxpayers required to make payments | ||||||
24 | by electronic funds transfer. All
taxpayers required to make | ||||||
25 | payments by electronic funds transfer shall make
those payments | ||||||
26 | for a minimum of one year beginning on October 1.
|
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| |||||||
1 | Any taxpayer not required to make payments by electronic | ||||||
2 | funds transfer may
make payments by electronic funds transfer | ||||||
3 | with the permission of the
Department.
| ||||||
4 | All taxpayers required to make payment by electronic funds | ||||||
5 | transfer and any
taxpayers authorized to voluntarily make | ||||||
6 | payments by electronic funds transfer
shall make those payments | ||||||
7 | in the manner authorized by the Department.
| ||||||
8 | The Department shall adopt such rules as are necessary to | ||||||
9 | effectuate a
program of electronic funds transfer and the | ||||||
10 | requirements of this Section.
| ||||||
11 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
12 | tax liability
to the Department
under this Act, the Retailers' | ||||||
13 | Occupation Tax Act, the Service
Occupation Tax Act, the Service | ||||||
14 | Use Tax Act was $10,000 or more
during
the preceding 4 complete | ||||||
15 | calendar quarters, he shall file a return with the
Department | ||||||
16 | each month by the 20th day of the month next following the | ||||||
17 | month
during which such tax liability is incurred and shall | ||||||
18 | make payments to the
Department on or before the 7th, 15th, | ||||||
19 | 22nd and last day of the month
during which such liability is | ||||||
20 | incurred.
On and after October 1, 2000, if the taxpayer's | ||||||
21 | average monthly tax liability
to the Department under this Act, | ||||||
22 | the Retailers' Occupation Tax Act,
the
Service Occupation Tax | ||||||
23 | Act, and the Service Use Tax Act was $20,000 or more
during the | ||||||
24 | preceding 4 complete calendar quarters, he shall file a return | ||||||
25 | with
the Department each month by the 20th day of the month | ||||||
26 | next following the month
during which such tax liability is |
| |||||||
| |||||||
1 | incurred and shall make payment to the
Department on or before | ||||||
2 | the 7th, 15th, 22nd and last day of the
month during
which such | ||||||
3 | liability is incurred.
If the month during which such tax
| ||||||
4 | liability is incurred began prior to January 1, 1985, each | ||||||
5 | payment shall be
in an amount equal to 1/4 of the taxpayer's
| ||||||
6 | actual liability for the month or an amount set by the | ||||||
7 | Department not to
exceed 1/4 of the average monthly liability | ||||||
8 | of the taxpayer to the
Department for the preceding 4 complete | ||||||
9 | calendar quarters (excluding the
month of highest liability and | ||||||
10 | the month of lowest liability in such 4
quarter period). If the | ||||||
11 | month during which such tax liability is incurred
begins on or | ||||||
12 | after January 1, 1985, and prior to January 1, 1987, each
| ||||||
13 | payment shall be in an amount equal to 22.5% of the taxpayer's | ||||||
14 | actual liability
for the month or 27.5% of the taxpayer's | ||||||
15 | liability for the same calendar
month of the preceding year. If | ||||||
16 | the month during which such tax liability
is incurred begins on | ||||||
17 | or after January 1, 1987, and prior to January 1,
1988, each | ||||||
18 | payment shall be in an amount equal to 22.5% of the taxpayer's
| ||||||
19 | actual liability for the month or 26.25% of the taxpayer's | ||||||
20 | liability for
the same calendar month of the preceding year. If | ||||||
21 | the month during which such
tax liability is incurred begins on | ||||||
22 | or after January 1, 1988, and prior to
January 1, 1989,
or | ||||||
23 | begins on or after January 1, 1996, each payment shall be in an | ||||||
24 | amount equal
to 22.5% of the taxpayer's actual liability for | ||||||
25 | the month or 25% of the
taxpayer's liability for the same | ||||||
26 | calendar month of the preceding year. If the
month during which |
| |||||||
| |||||||
1 | such tax liability is incurred begins on or after January 1,
| ||||||
2 | 1989,
and prior to January 1, 1996, each payment shall be in an | ||||||
3 | amount equal to 22.5%
of the taxpayer's actual liability for | ||||||
4 | the month or 25% of the taxpayer's
liability for the same | ||||||
5 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
6 | actual liability for the quarter monthly reporting period. The
| ||||||
7 | amount of such quarter monthly payments shall be credited | ||||||
8 | against the final tax
liability
of the taxpayer's return for | ||||||
9 | that month. Before October 1, 2000, once
applicable, the | ||||||
10 | requirement
of the making of quarter monthly payments to the | ||||||
11 | Department shall continue
until such taxpayer's average | ||||||
12 | monthly liability to the Department during
the preceding 4 | ||||||
13 | complete calendar quarters (excluding the month of highest
| ||||||
14 | liability and the month of lowest liability) is less than
| ||||||
15 | $9,000, or until
such taxpayer's average monthly liability to | ||||||
16 | the Department as computed for
each calendar quarter of the 4 | ||||||
17 | preceding complete calendar quarter period
is less than | ||||||
18 | $10,000. However, if a taxpayer can show the
Department that
a | ||||||
19 | substantial change in the taxpayer's business has occurred | ||||||
20 | which causes
the taxpayer to anticipate that his average | ||||||
21 | monthly tax liability for the
reasonably foreseeable future | ||||||
22 | will fall below the $10,000 threshold
stated above, then
such | ||||||
23 | taxpayer
may petition the Department for change in such | ||||||
24 | taxpayer's reporting status.
On and after October 1, 2000, once | ||||||
25 | applicable, the requirement of the making
of quarter monthly | ||||||
26 | payments to the Department shall continue until such
taxpayer's |
| |||||||
| |||||||
1 | average monthly liability to the Department during the | ||||||
2 | preceding 4
complete calendar quarters (excluding the month of | ||||||
3 | highest liability and the
month of lowest liability) is less | ||||||
4 | than $19,000 or until such taxpayer's
average monthly liability | ||||||
5 | to the Department as computed for each calendar
quarter of the | ||||||
6 | 4 preceding complete calendar quarter period is less than
| ||||||
7 | $20,000. However, if a taxpayer can show the Department that a | ||||||
8 | substantial
change in the taxpayer's business has occurred | ||||||
9 | which causes the taxpayer to
anticipate that his average | ||||||
10 | monthly tax liability for the reasonably
foreseeable future | ||||||
11 | will fall below the $20,000 threshold stated above, then
such | ||||||
12 | taxpayer may petition the Department for a change in such | ||||||
13 | taxpayer's
reporting status.
The Department shall change such | ||||||
14 | taxpayer's reporting status unless it
finds that such change is | ||||||
15 | seasonal in nature and not likely to be long
term. If any such | ||||||
16 | quarter monthly payment is not paid at the time or in
the | ||||||
17 | amount required by this Section, then the taxpayer shall be | ||||||
18 | liable for
penalties and interest on
the difference between the | ||||||
19 | minimum amount due and the amount of such
quarter monthly | ||||||
20 | payment actually and timely paid, except insofar as the
| ||||||
21 | taxpayer has previously made payments for that month to the | ||||||
22 | Department in
excess of the minimum payments previously due as | ||||||
23 | provided in this Section.
The Department shall make reasonable | ||||||
24 | rules and regulations to govern the
quarter monthly payment | ||||||
25 | amount and quarter monthly payment dates for
taxpayers who file | ||||||
26 | on other than a calendar monthly basis.
|
| |||||||
| |||||||
1 | If any such payment provided for in this Section exceeds | ||||||
2 | the taxpayer's
liabilities under this Act, the Retailers' | ||||||
3 | Occupation Tax Act, the Service
Occupation Tax Act and the | ||||||
4 | Service Use Tax Act, as shown by an original
monthly return, | ||||||
5 | the Department shall issue to the taxpayer a credit
memorandum | ||||||
6 | no later than 30 days after the date of payment, which
| ||||||
7 | memorandum may be submitted by the taxpayer to the Department | ||||||
8 | in payment of
tax liability subsequently to be remitted by the | ||||||
9 | taxpayer to the Department
or be assigned by the taxpayer to a | ||||||
10 | similar taxpayer under this Act, the
Retailers' Occupation Tax | ||||||
11 | Act, the Service Occupation Tax Act or the
Service Use Tax Act, | ||||||
12 | in accordance with reasonable rules and regulations to
be | ||||||
13 | prescribed by the Department, except that if such excess | ||||||
14 | payment is
shown on an original monthly return and is made | ||||||
15 | after December 31, 1986, no
credit memorandum shall be issued, | ||||||
16 | unless requested by the taxpayer. If no
such request is made, | ||||||
17 | the taxpayer may credit such excess payment against
tax | ||||||
18 | liability subsequently to be remitted by the taxpayer to the | ||||||
19 | Department
under this Act, the Retailers' Occupation Tax Act, | ||||||
20 | the Service Occupation
Tax Act or the Service Use Tax Act, in | ||||||
21 | accordance with reasonable rules and
regulations prescribed by | ||||||
22 | the Department. If the Department subsequently
determines that | ||||||
23 | all or any part of the credit taken was not actually due to
the | ||||||
24 | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||||||
25 | be
reduced by 2.1% or 1.75% of the difference between the | ||||||
26 | credit taken and
that actually due, and the taxpayer shall be |
| |||||||
| |||||||
1 | liable for penalties and
interest on such difference.
| ||||||
2 | If the retailer is otherwise required to file a monthly | ||||||
3 | return and if the
retailer's average monthly tax liability to | ||||||
4 | the Department
does not exceed $200, the Department may | ||||||
5 | authorize his returns to be
filed on a quarter annual basis, | ||||||
6 | with the return for January, February,
and March of a given | ||||||
7 | year being due by April 20 of such year; with the
return for | ||||||
8 | April, May and June of a given year being due by July 20 of
such | ||||||
9 | year; with the return for July, August and September of a given
| ||||||
10 | year being due by October 20 of such year, and with the return | ||||||
11 | for
October, November and December of a given year being due by | ||||||
12 | January 20
of the following year.
| ||||||
13 | If the retailer is otherwise required to file a monthly or | ||||||
14 | quarterly
return and if the retailer's average monthly tax | ||||||
15 | liability to the
Department does not exceed $50, the Department | ||||||
16 | may authorize his returns to
be filed on an annual basis, with | ||||||
17 | the return for a given year being due by
January 20 of the | ||||||
18 | following year.
| ||||||
19 | Such quarter annual and annual returns, as to form and | ||||||
20 | substance,
shall be subject to the same requirements as monthly | ||||||
21 | returns.
| ||||||
22 | Notwithstanding any other provision in this Act concerning | ||||||
23 | the time
within which a retailer may file his return, in the | ||||||
24 | case of any retailer
who ceases to engage in a kind of business | ||||||
25 | which makes him responsible
for filing returns under this Act, | ||||||
26 | such retailer shall file a final
return under this Act with the |
| |||||||
| |||||||
1 | Department not more than one month after
discontinuing such | ||||||
2 | business.
| ||||||
3 | In addition, with respect to motor vehicles, watercraft,
| ||||||
4 | aircraft, and trailers that are required to be registered with | ||||||
5 | an agency of
this State, every
retailer selling this kind of | ||||||
6 | tangible personal property shall file,
with the Department, | ||||||
7 | upon a form to be prescribed and supplied by the
Department, a | ||||||
8 | separate return for each such item of tangible personal
| ||||||
9 | property which the retailer sells, except that if, in the same
| ||||||
10 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
11 | vehicles or
trailers transfers more than
one aircraft, | ||||||
12 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
13 | watercraft, motor vehicle or
trailer retailer for the purpose | ||||||
14 | of resale
or (ii) a retailer of aircraft, watercraft, motor | ||||||
15 | vehicles, or trailers
transfers more than one aircraft, | ||||||
16 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
17 | a qualifying rolling stock as provided in Section 3-55 of
this | ||||||
18 | Act, then
that seller may report the transfer of all the
| ||||||
19 | aircraft, watercraft, motor
vehicles
or trailers involved in | ||||||
20 | that transaction to the Department on the same
uniform
| ||||||
21 | invoice-transaction reporting return form.
For purposes of | ||||||
22 | this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | ||||||
23 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
24 | and Safety Act,
a
personal watercraft, or any boat equipped | ||||||
25 | with an inboard motor.
| ||||||
26 | The transaction reporting return in the case of motor |
| |||||||
| |||||||
1 | vehicles
or trailers that are required to be registered with an | ||||||
2 | agency of this
State, shall
be the same document as the Uniform | ||||||
3 | Invoice referred to in Section 5-402
of the Illinois Vehicle | ||||||
4 | Code and must show the name and address of the
seller; the name | ||||||
5 | and address of the purchaser; the amount of the selling
price | ||||||
6 | including the amount allowed by the retailer for traded-in
| ||||||
7 | property, if any; the amount allowed by the retailer for the | ||||||
8 | traded-in
tangible personal property, if any, to the extent to | ||||||
9 | which Section 2 of
this Act allows an exemption for the value | ||||||
10 | of traded-in property; the
balance payable after deducting such | ||||||
11 | trade-in allowance from the total
selling price; the amount of | ||||||
12 | tax due from the retailer with respect to
such transaction; the | ||||||
13 | amount of tax collected from the purchaser by the
retailer on | ||||||
14 | such transaction (or satisfactory evidence that such tax is
not | ||||||
15 | due in that particular instance, if that is claimed to be the | ||||||
16 | fact);
the place and date of the sale; a sufficient | ||||||
17 | identification of the
property sold; such other information as | ||||||
18 | is required in Section 5-402 of
the Illinois Vehicle Code, and | ||||||
19 | such other information as the Department
may reasonably | ||||||
20 | require.
| ||||||
21 | The transaction reporting return in the case of watercraft
| ||||||
22 | and aircraft must show
the name and address of the seller; the | ||||||
23 | name and address of the
purchaser; the amount of the selling | ||||||
24 | price including the amount allowed
by the retailer for | ||||||
25 | traded-in property, if any; the amount allowed by
the retailer | ||||||
26 | for the traded-in tangible personal property, if any, to
the |
| |||||||
| |||||||
1 | extent to which Section 2 of this Act allows an exemption for | ||||||
2 | the
value of traded-in property; the balance payable after | ||||||
3 | deducting such
trade-in allowance from the total selling price; | ||||||
4 | the amount of tax due
from the retailer with respect to such | ||||||
5 | transaction; the amount of tax
collected from the purchaser by | ||||||
6 | the retailer on such transaction (or
satisfactory evidence that | ||||||
7 | such tax is not due in that particular
instance, if that is | ||||||
8 | claimed to be the fact); the place and date of the
sale, a | ||||||
9 | sufficient identification of the property sold, and such other
| ||||||
10 | information as the Department may reasonably require.
| ||||||
11 | Such transaction reporting return shall be filed not later | ||||||
12 | than 20
days after the date of delivery of the item that is | ||||||
13 | being sold, but may
be filed by the retailer at any time sooner | ||||||
14 | than that if he chooses to
do so. The transaction reporting | ||||||
15 | return and tax remittance or proof of
exemption from the tax | ||||||
16 | that is imposed by this Act may be transmitted to
the | ||||||
17 | Department by way of the State agency with which, or State | ||||||
18 | officer
with whom, the tangible personal property must be | ||||||
19 | titled or registered
(if titling or registration is required) | ||||||
20 | if the Department and such
agency or State officer determine | ||||||
21 | that this procedure will expedite the
processing of | ||||||
22 | applications for title or registration.
| ||||||
23 | With each such transaction reporting return, the retailer | ||||||
24 | shall remit
the proper amount of tax due (or shall submit | ||||||
25 | satisfactory evidence that
the sale is not taxable if that is | ||||||
26 | the case), to the Department or its
agents, whereupon the |
| |||||||
| |||||||
1 | Department shall issue, in the purchaser's name, a
tax receipt | ||||||
2 | (or a certificate of exemption if the Department is
satisfied | ||||||
3 | that the particular sale is tax exempt) which such purchaser
| ||||||
4 | may submit to the agency with which, or State officer with | ||||||
5 | whom, he must
title or register the tangible personal property | ||||||
6 | that is involved (if
titling or registration is required) in | ||||||
7 | support of such purchaser's
application for an Illinois | ||||||
8 | certificate or other evidence of title or
registration to such | ||||||
9 | tangible personal property.
| ||||||
10 | No retailer's failure or refusal to remit tax under this | ||||||
11 | Act
precludes a user, who has paid the proper tax to the | ||||||
12 | retailer, from
obtaining his certificate of title or other | ||||||
13 | evidence of title or
registration (if titling or registration | ||||||
14 | is required) upon satisfying
the Department that such user has | ||||||
15 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
16 | Department shall adopt appropriate rules to carry out
the | ||||||
17 | mandate of this paragraph.
| ||||||
18 | If the user who would otherwise pay tax to the retailer | ||||||
19 | wants the
transaction reporting return filed and the payment of | ||||||
20 | tax or proof of
exemption made to the Department before the | ||||||
21 | retailer is willing to take
these actions and such user has not | ||||||
22 | paid the tax to the retailer, such
user may certify to the fact | ||||||
23 | of such delay by the retailer, and may
(upon the Department | ||||||
24 | being satisfied of the truth of such certification)
transmit | ||||||
25 | the information required by the transaction reporting return
| ||||||
26 | and the remittance for tax or proof of exemption directly to |
| |||||||
| |||||||
1 | the
Department and obtain his tax receipt or exemption | ||||||
2 | determination, in
which event the transaction reporting return | ||||||
3 | and tax remittance (if a
tax payment was required) shall be | ||||||
4 | credited by the Department to the
proper retailer's account | ||||||
5 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
6 | provided for in this Section being allowed. When the user pays
| ||||||
7 | the tax directly to the Department, he shall pay the tax in the | ||||||
8 | same
amount and in the same form in which it would be remitted | ||||||
9 | if the tax had
been remitted to the Department by the retailer.
| ||||||
10 | Where a retailer collects the tax with respect to the | ||||||
11 | selling price
of tangible personal property which he sells and | ||||||
12 | the purchaser
thereafter returns such tangible personal | ||||||
13 | property and the retailer
refunds the selling price thereof to | ||||||
14 | the purchaser, such retailer shall
also refund, to the | ||||||
15 | purchaser, the tax so collected from the purchaser.
When filing | ||||||
16 | his return for the period in which he refunds such tax to
the | ||||||
17 | purchaser, the retailer may deduct the amount of the tax so | ||||||
18 | refunded
by him to the purchaser from any other use tax which | ||||||
19 | such retailer may
be required to pay or remit to the | ||||||
20 | Department, as shown by such return,
if the amount of the tax | ||||||
21 | to be deducted was previously remitted to the
Department by | ||||||
22 | such retailer. If the retailer has not previously
remitted the | ||||||
23 | amount of such tax to the Department, he is entitled to no
| ||||||
24 | deduction under this Act upon refunding such tax to the | ||||||
25 | purchaser.
| ||||||
26 | Any retailer filing a return under this Section shall also |
| |||||||
| |||||||
1 | include
(for the purpose of paying tax thereon) the total tax | ||||||
2 | covered by such
return upon the selling price of tangible | ||||||
3 | personal property purchased by
him at retail from a retailer, | ||||||
4 | but as to which the tax imposed by this
Act was not collected | ||||||
5 | from the retailer filing such return, and such
retailer shall | ||||||
6 | remit the amount of such tax to the Department when
filing such | ||||||
7 | return.
| ||||||
8 | If experience indicates such action to be practicable, the | ||||||
9 | Department
may prescribe and furnish a combination or joint | ||||||
10 | return which will
enable retailers, who are required to file | ||||||
11 | returns hereunder and also
under the Retailers' Occupation Tax | ||||||
12 | Act, to furnish all the return
information required by both | ||||||
13 | Acts on the one form.
| ||||||
14 | Where the retailer has more than one business registered | ||||||
15 | with the
Department under separate registration under this Act, | ||||||
16 | such retailer may
not file each return that is due as a single | ||||||
17 | return covering all such
registered businesses, but shall file | ||||||
18 | separate returns for each such
registered business.
| ||||||
19 | Beginning January 1, 1990, each month the Department shall | ||||||
20 | pay into the
State and Local Sales Tax Reform Fund, a special | ||||||
21 | fund in the State Treasury
which is hereby created, the net | ||||||
22 | revenue realized for the preceding month
from the 1% tax on | ||||||
23 | sales of food for human consumption which is to be
consumed off | ||||||
24 | the premises where it is sold (other than alcoholic beverages,
| ||||||
25 | soft drinks and food which has been prepared for immediate | ||||||
26 | consumption) and
prescription and nonprescription medicines, |
| |||||||
| |||||||
1 | drugs, medical appliances and
insulin, urine testing | ||||||
2 | materials, syringes and needles used by diabetics.
| ||||||
3 | Beginning January 1, 1990, each month the Department shall | ||||||
4 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
5 | net revenue realized
for the preceding month from the 6.25% | ||||||
6 | general rate
on the selling price of tangible personal property | ||||||
7 | which is purchased
outside Illinois at retail from a retailer | ||||||
8 | and which is titled or
registered by an agency of this State's | ||||||
9 | government.
| ||||||
10 | Beginning January 1, 1990, each month the Department shall | ||||||
11 | pay into
the State and Local Sales Tax Reform Fund, a special | ||||||
12 | fund in the State
Treasury, 20% of the net revenue realized
for | ||||||
13 | the preceding month from the 6.25% general rate on the selling
| ||||||
14 | price of tangible personal property, other than tangible | ||||||
15 | personal property
which is purchased outside Illinois at retail | ||||||
16 | from a retailer and which is
titled or registered by an agency | ||||||
17 | of this State's government.
| ||||||
18 | Beginning August 1, 2000, each
month the Department shall | ||||||
19 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
20 | net revenue realized for the
preceding month from the 1.25% | ||||||
21 | rate on the selling price of motor fuel and
gasohol.
| ||||||
22 | Beginning January 1, 1990, each month the Department shall | ||||||
23 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
24 | realized for the
preceding month from the 6.25% general rate on | ||||||
25 | the selling price of
tangible personal property which is | ||||||
26 | purchased outside Illinois at retail
from a retailer and which |
| |||||||
| |||||||
1 | is titled or registered by an agency of this
State's | ||||||
2 | government.
| ||||||
3 | Of the remainder of the moneys received by the Department | ||||||
4 | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||||||
5 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||||||
6 | and after July 1, 1989, 3.8% thereof shall be paid into the
| ||||||
7 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
8 | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
9 | may be, of the
moneys received by the Department and required | ||||||
10 | to be paid into the Build
Illinois Fund pursuant to Section 3 | ||||||
11 | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||||||
12 | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||||||
13 | Service Occupation Tax Act, such Acts being
hereinafter called | ||||||
14 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||||||
15 | may be, of moneys being hereinafter called the "Tax Act | ||||||
16 | Amount",
and (2) the amount transferred to the Build Illinois | ||||||
17 | Fund from the State
and Local Sales Tax Reform Fund shall be | ||||||
18 | less than the Annual Specified
Amount (as defined in Section 3 | ||||||
19 | of the Retailers' Occupation Tax Act), an
amount equal to the | ||||||
20 | difference shall be immediately paid into the Build
Illinois | ||||||
21 | Fund from other moneys received by the Department pursuant to | ||||||
22 | the
Tax Acts; and further provided, that if on the last | ||||||
23 | business day of any
month the sum of (1) the Tax Act Amount | ||||||
24 | required to be deposited into the
Build Illinois Bond Account | ||||||
25 | in the Build Illinois Fund during such month
and (2) the amount | ||||||
26 | transferred during such month to the Build Illinois Fund
from |
| |||||||
| |||||||
1 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
2 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
3 | the difference
shall be immediately paid into the Build | ||||||
4 | Illinois Fund from other moneys
received by the Department | ||||||
5 | pursuant to the Tax Acts; and,
further provided, that in no | ||||||
6 | event shall the payments required under the
preceding proviso | ||||||
7 | result in aggregate payments into the Build Illinois Fund
| ||||||
8 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
9 | the greater
of (i) the Tax Act Amount or (ii) the Annual | ||||||
10 | Specified Amount for such
fiscal year; and, further provided, | ||||||
11 | that the amounts payable into the Build
Illinois Fund under | ||||||
12 | this clause (b) shall be payable only until such time
as the | ||||||
13 | aggregate amount on deposit under each trust
indenture securing | ||||||
14 | Bonds issued and outstanding pursuant to the Build
Illinois | ||||||
15 | Bond Act is sufficient, taking into account any future | ||||||
16 | investment
income, to fully provide, in accordance with such | ||||||
17 | indenture, for the
defeasance of or the payment of the | ||||||
18 | principal of, premium, if any, and
interest on the Bonds | ||||||
19 | secured by such indenture and on any Bonds expected
to be | ||||||
20 | issued thereafter and all fees and costs payable with respect | ||||||
21 | thereto,
all as certified by the Director of the
Bureau of the | ||||||
22 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
23 | the last
business day of any month in which Bonds are | ||||||
24 | outstanding pursuant to the
Build Illinois Bond Act, the | ||||||
25 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
26 | Account in the Build Illinois Fund in such month
shall be less |
| |||||||
| |||||||
1 | than the amount required to be transferred in such month from
| ||||||
2 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
3 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
4 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
5 | shall be immediately paid
from other moneys received by the | ||||||
6 | Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||||||
7 | provided, however, that any amounts paid to the
Build Illinois | ||||||
8 | Fund in any fiscal year pursuant to this sentence shall be
| ||||||
9 | deemed to constitute payments pursuant to clause (b) of the | ||||||
10 | preceding
sentence and shall reduce the amount otherwise | ||||||
11 | payable for such fiscal year
pursuant to clause (b) of the | ||||||
12 | preceding sentence. The moneys received by
the Department | ||||||
13 | pursuant to this Act and required to be deposited into the
| ||||||
14 | Build Illinois Fund are subject to the pledge, claim and charge | ||||||
15 | set forth
in Section 12 of the Build Illinois Bond Act.
| ||||||
16 | Subject to payment of amounts into the Build Illinois Fund | ||||||
17 | as provided in
the preceding paragraph or in any amendment | ||||||
18 | thereto hereafter enacted, the
following specified monthly | ||||||
19 | installment of the amount requested in the
certificate of the | ||||||
20 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||
21 | provided under Section 8.25f of the State Finance Act, but not | ||||||
22 | in
excess of the sums designated as "Total Deposit", shall be
| ||||||
23 | deposited in the aggregate from collections under Section 9 of | ||||||
24 | the Use Tax
Act, Section 9 of the Service Use Tax Act, Section | ||||||
25 | 9 of the Service
Occupation Tax Act, and Section 3 of the | ||||||
26 | Retailers' Occupation Tax Act into
the McCormick Place |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Expansion Project Fund in the specified fiscal years.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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16 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | required under this Section for previous
months and years, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Fund, until the full amount requested for the fiscal year, but |
| |||||||
| |||||||
1 | not
in excess of the amount specified above as "Total Deposit", | ||||||
2 | has been deposited.
| ||||||
3 | Subject to payment of amounts into the Build Illinois Fund | ||||||
4 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
5 | preceding paragraphs or
in any amendments thereto
hereafter | ||||||
6 | enacted,
beginning July 1, 1993, the Department shall each | ||||||
7 | month pay into the Illinois
Tax Increment Fund 0.27% of 80% of | ||||||
8 | the net 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 Fund | ||||||
12 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
13 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
14 | enacted, beginning with the receipt of the first
report of | ||||||
15 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
16 | period, the Department shall each month pay into the Energy | ||||||
17 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
18 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
19 | that was sold to an eligible business.
For purposes of this | ||||||
20 | paragraph, the term "eligible business" means a new
electric | ||||||
21 | generating facility certified pursuant to Section 605-332 of | ||||||
22 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
23 | Civil Administrative
Code of Illinois.
| ||||||
24 | Subject to payments of amounts into the Build Illinois Fund | ||||||
25 | and the McCormick Place Expansion Project Fund as provided in | ||||||
26 | this Section, beginning on July 1, 2009 the Department shall |
| |||||||
| |||||||
1 | pay each month into the Downstate Public Transportation Fund | ||||||
2 | the moneys required to be so paid under Section 2-3 of the | ||||||
3 | Downstate Public Transportation Act. | ||||||
4 | Of the remainder of the moneys received by the Department | ||||||
5 | pursuant
to this Act, 75% thereof shall be paid into the State | ||||||
6 | Treasury and 25%
shall be reserved in a special account and | ||||||
7 | used only for the transfer to
the Common School Fund as part of | ||||||
8 | the monthly transfer from the General
Revenue Fund in | ||||||
9 | accordance with Section 8a of the State
Finance Act.
| ||||||
10 | As soon as possible after the first day of each month, upon | ||||||
11 | certification
of the Department of Revenue, the Comptroller | ||||||
12 | shall order transferred and
the Treasurer shall transfer from | ||||||
13 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
14 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
15 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
16 | transfer is no longer required
and shall not be made.
| ||||||
17 | Net revenue realized for a month shall be the revenue | ||||||
18 | collected
by the State pursuant to this Act, less the amount | ||||||
19 | paid out during that
month as refunds to taxpayers for | ||||||
20 | overpayment of liability.
| ||||||
21 | For greater simplicity of administration, manufacturers, | ||||||
22 | importers
and wholesalers whose products are sold at retail in | ||||||
23 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
24 | assume the responsibility
for accounting and paying to the | ||||||
25 | Department all tax accruing under this
Act with respect to such | ||||||
26 | sales, if the retailers who are affected do not
make written |
| |||||||
| |||||||
1 | objection to the Department to this arrangement.
| ||||||
2 | (Source: P.A. 94-793, eff. 5-19-06; 94-1074, eff. 12-26-06.)
| ||||||
3 | Section 15. The Service Use Tax Act is amended by changing | ||||||
4 | Section 9 as follows:
| ||||||
5 | (35 ILCS 110/9) (from Ch. 120, par. 439.39)
| ||||||
6 | Sec. 9. Each serviceman required or authorized to collect | ||||||
7 | the tax
herein imposed shall pay to the Department the amount | ||||||
8 | of such tax
(except as otherwise provided) at the time when he | ||||||
9 | is required to file
his return for the period during which such | ||||||
10 | tax was collected, less a
discount of 2.1% prior to January 1, | ||||||
11 | 1990 and 1.75% on and after January 1,
1990, or $5 per calendar | ||||||
12 | year, whichever is greater, which is allowed to
reimburse the | ||||||
13 | serviceman for expenses incurred in collecting the tax,
keeping | ||||||
14 | records, preparing and filing returns, remitting the tax and
| ||||||
15 | supplying data to the Department on request. A serviceman need | ||||||
16 | not remit
that part of any tax collected by him to the extent | ||||||
17 | that he is required to
pay and does pay the tax imposed by the | ||||||
18 | Service Occupation Tax Act with
respect to his sale of service | ||||||
19 | involving the incidental transfer by him of
the same property.
| ||||||
20 | Except as provided hereinafter in this Section, on or | ||||||
21 | before the twentieth
day of each calendar month, such | ||||||
22 | serviceman shall file a return for the
preceding calendar month | ||||||
23 | in accordance with reasonable Rules and
Regulations to be | ||||||
24 | promulgated by the Department. Such return shall be
filed on a |
| |||||||
| |||||||
1 | form prescribed by the Department and shall contain such
| ||||||
2 | information as the Department may reasonably require.
| ||||||
3 | The Department may require returns to be filed on a | ||||||
4 | quarterly basis.
If so required, a return for each calendar | ||||||
5 | quarter shall be filed on or
before the twentieth day of the | ||||||
6 | calendar month following the end of such
calendar quarter. The | ||||||
7 | taxpayer shall also file a return with the
Department for each | ||||||
8 | of the first two months of each calendar quarter, on or
before | ||||||
9 | the twentieth day of the following calendar month, stating:
| ||||||
10 | 1. The name of the seller;
| ||||||
11 | 2. The address of the principal place of business from | ||||||
12 | which he engages
in business as a serviceman in this State;
| ||||||
13 | 3. The total amount of taxable receipts received by him | ||||||
14 | during the
preceding calendar month, including receipts | ||||||
15 | from charge and time sales,
but less all deductions allowed | ||||||
16 | by law;
| ||||||
17 | 4. The amount of credit provided in Section 2d of this | ||||||
18 | Act;
| ||||||
19 | 5. The amount of tax due;
| ||||||
20 | 5-5. The signature of the taxpayer; and
| ||||||
21 | 6. Such other reasonable information as the Department | ||||||
22 | may
require.
| ||||||
23 | If a taxpayer fails to sign a return within 30 days after | ||||||
24 | the proper notice
and demand for signature by the Department, | ||||||
25 | the return shall be considered
valid and any amount shown to be | ||||||
26 | due on the return shall be deemed assessed.
|
| |||||||
| |||||||
1 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
2 | monthly tax
liability of $150,000 or more shall make all | ||||||
3 | payments required by rules of
the Department by electronic | ||||||
4 | funds transfer. Beginning October 1, 1994, a
taxpayer who has | ||||||
5 | an average monthly tax liability of $100,000 or more shall
make | ||||||
6 | all payments required by rules of the Department by electronic | ||||||
7 | funds
transfer. Beginning October 1, 1995, a taxpayer who has | ||||||
8 | an average monthly
tax liability of $50,000 or more shall make | ||||||
9 | all payments required by rules
of the Department by electronic | ||||||
10 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
11 | an annual tax liability of
$200,000 or more shall make all | ||||||
12 | payments required by rules of the Department by
electronic | ||||||
13 | funds transfer. The term "annual tax liability" shall be the | ||||||
14 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
15 | other State and local
occupation and use tax laws administered | ||||||
16 | by the Department, for the immediately
preceding calendar year.
| ||||||
17 | The term "average monthly tax
liability" means the sum of the | ||||||
18 | taxpayer's liabilities under this Act, and
under all other | ||||||
19 | State and local occupation and use tax laws administered by the
| ||||||
20 | Department, for the immediately preceding calendar year | ||||||
21 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
22 | a tax liability in the
amount set forth in subsection (b) of | ||||||
23 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
24 | all payments required by rules of the Department by
electronic | ||||||
25 | funds transfer.
| ||||||
26 | Before August 1 of each year beginning in 1993, the |
| |||||||
| |||||||
1 | Department shall
notify all taxpayers required to make payments | ||||||
2 | by electronic funds transfer.
All taxpayers required to make | ||||||
3 | payments by electronic funds transfer shall
make those payments | ||||||
4 | for a minimum of one year beginning on October 1.
| ||||||
5 | Any taxpayer not required to make payments by electronic | ||||||
6 | funds transfer
may make payments by electronic funds transfer | ||||||
7 | with the permission of the
Department.
| ||||||
8 | All taxpayers required to make payment by electronic funds | ||||||
9 | transfer and
any taxpayers authorized to voluntarily make | ||||||
10 | payments by electronic funds
transfer shall make those payments | ||||||
11 | in the manner authorized by the Department.
| ||||||
12 | The Department shall adopt such rules as are necessary to | ||||||
13 | effectuate a
program of electronic funds transfer and the | ||||||
14 | requirements of this Section.
| ||||||
15 | If the serviceman is otherwise required to file a monthly | ||||||
16 | return and
if the serviceman's average monthly tax liability to | ||||||
17 | the Department
does not exceed $200, the Department may | ||||||
18 | authorize his returns to be
filed on a quarter annual basis, | ||||||
19 | with the return for January, February
and March of a given year | ||||||
20 | being due by April 20 of such year; with the
return for April, | ||||||
21 | May and June of a given year being due by July 20 of
such year; | ||||||
22 | with the return for July, August and September of a given
year | ||||||
23 | being due by October 20 of such year, and with the return for
| ||||||
24 | October, November and December of a given year being due by | ||||||
25 | January 20
of the following year.
| ||||||
26 | If the serviceman is otherwise required to file a monthly |
| |||||||
| |||||||
1 | or quarterly
return and if the serviceman's average monthly tax | ||||||
2 | liability to the Department
does not exceed $50, the Department | ||||||
3 | may authorize his returns to be
filed on an annual basis, with | ||||||
4 | the return for a given year being due by
January 20 of the | ||||||
5 | following year.
| ||||||
6 | Such quarter annual and annual returns, as to form and | ||||||
7 | substance,
shall be subject to the same requirements as monthly | ||||||
8 | returns.
| ||||||
9 | Notwithstanding any other provision in this Act concerning | ||||||
10 | the time
within which a serviceman may file his return, in the | ||||||
11 | case of any
serviceman who ceases to engage in a kind of | ||||||
12 | business which makes him
responsible for filing returns under | ||||||
13 | this Act, such serviceman shall
file a final return under this | ||||||
14 | Act with the Department not more than 1
month after | ||||||
15 | discontinuing such business.
| ||||||
16 | Where a serviceman collects the tax with respect to the | ||||||
17 | selling price of
property which he sells and the purchaser | ||||||
18 | thereafter returns such
property and the serviceman refunds the | ||||||
19 | selling price thereof to the
purchaser, such serviceman shall | ||||||
20 | also refund, to the purchaser, the tax
so collected from the | ||||||
21 | purchaser. When filing his return for the period
in which he | ||||||
22 | refunds such tax to the purchaser, the serviceman may deduct
| ||||||
23 | the amount of the tax so refunded by him to the purchaser from | ||||||
24 | any other
Service Use Tax, Service Occupation Tax, retailers' | ||||||
25 | occupation tax or
use tax which such serviceman may be required | ||||||
26 | to pay or remit to the
Department, as shown by such return, |
| |||||||
| |||||||
1 | provided that the amount of the tax
to be deducted shall | ||||||
2 | previously have been remitted to the Department by
such | ||||||
3 | serviceman. If the serviceman shall not previously have | ||||||
4 | remitted
the amount of such tax to the Department, he shall be | ||||||
5 | entitled to no
deduction hereunder upon refunding such tax to | ||||||
6 | the purchaser.
| ||||||
7 | Any serviceman filing a return hereunder shall also include | ||||||
8 | the total
tax upon the selling price of tangible personal | ||||||
9 | property purchased for use
by him as an incident to a sale of | ||||||
10 | service, and such serviceman shall remit
the amount of such tax | ||||||
11 | to the Department when filing such return.
| ||||||
12 | If experience indicates such action to be practicable, the | ||||||
13 | Department
may prescribe and furnish a combination or joint | ||||||
14 | return which will
enable servicemen, who are required to file | ||||||
15 | returns hereunder and also
under the Service Occupation Tax | ||||||
16 | Act, to furnish all the return
information required by both | ||||||
17 | Acts on the one form.
| ||||||
18 | Where the serviceman has more than one business registered | ||||||
19 | with the
Department under separate registration hereunder, | ||||||
20 | such serviceman shall
not file each return that is due as a | ||||||
21 | single return covering all such
registered businesses, but | ||||||
22 | shall file separate returns for each such
registered business.
| ||||||
23 | Beginning January 1, 1990, each month the Department shall | ||||||
24 | pay into
the State and Local Tax Reform Fund, a special fund in | ||||||
25 | the State Treasury,
the net revenue realized for the preceding | ||||||
26 | month from the 1% tax on sales
of food for human consumption |
| |||||||
| |||||||
1 | which is to be consumed off the premises
where it is sold | ||||||
2 | (other than alcoholic beverages, soft drinks and food
which has | ||||||
3 | been prepared for immediate consumption) and prescription and
| ||||||
4 | nonprescription medicines, drugs, medical appliances and | ||||||
5 | insulin, urine
testing materials, syringes and needles used by | ||||||
6 | diabetics.
| ||||||
7 | Beginning January 1, 1990, each month the Department shall | ||||||
8 | pay into
the State and Local Sales Tax Reform Fund 20% of the | ||||||
9 | net revenue realized
for the preceding month from the 6.25% | ||||||
10 | general rate on transfers of
tangible personal property, other | ||||||
11 | than tangible personal property which is
purchased outside | ||||||
12 | Illinois at retail from a retailer and which is titled or
| ||||||
13 | registered by an agency of this State's government.
| ||||||
14 | Beginning August 1, 2000, each
month the Department shall | ||||||
15 | pay into the
State and Local Sales Tax Reform Fund 100% 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 | Of the remainder of the moneys received by the Department | ||||||
19 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
20 | Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
21 | and after July 1,
1989, 3.8% thereof shall be paid into the | ||||||
22 | Build Illinois Fund; provided,
however, that if in any fiscal | ||||||
23 | year the sum of (1) the aggregate of 2.2% or
3.8%, as the case | ||||||
24 | may be, of the moneys received by the Department and
required | ||||||
25 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
26 | of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax |
| |||||||
| |||||||
1 | Act, Section 9
of the Service Use Tax Act, and Section 9 of the | ||||||
2 | Service Occupation Tax
Act, such Acts being hereinafter called | ||||||
3 | the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | ||||||
4 | may be, of moneys being hereinafter called the
"Tax Act | ||||||
5 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
6 | Fund
from the State and Local Sales Tax Reform Fund shall be | ||||||
7 | less than the
Annual Specified Amount (as defined in Section 3 | ||||||
8 | of the Retailers'
Occupation Tax Act), an amount equal to the | ||||||
9 | difference shall be immediately
paid into the Build Illinois | ||||||
10 | Fund from other moneys received by the
Department pursuant to | ||||||
11 | the Tax Acts; and further provided, that if on the
last | ||||||
12 | business day of any month the sum of (1) the Tax Act Amount | ||||||
13 | required
to be deposited into the Build Illinois Bond Account | ||||||
14 | in the Build Illinois
Fund during such month and (2) the amount | ||||||
15 | transferred during such month to
the Build Illinois Fund from | ||||||
16 | the State and Local Sales Tax Reform Fund
shall have been less | ||||||
17 | than 1/12 of the Annual Specified Amount, an amount
equal to | ||||||
18 | the difference shall be immediately paid into the Build | ||||||
19 | Illinois
Fund from other moneys received by the Department | ||||||
20 | pursuant to the Tax Acts;
and, further provided, that in no | ||||||
21 | event shall the payments required under
the preceding proviso | ||||||
22 | result in aggregate payments into the Build Illinois
Fund | ||||||
23 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
24 | the
greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
25 | Specified Amount for
such fiscal year; and, further provided, | ||||||
26 | that the amounts payable into the
Build Illinois Fund under |
| |||||||
| |||||||
1 | this clause (b) shall be payable only until such
time as the | ||||||
2 | aggregate amount on deposit under each trust indenture securing
| ||||||
3 | Bonds issued and outstanding pursuant to the Build Illinois | ||||||
4 | Bond Act is
sufficient, taking into account any future | ||||||
5 | investment income, to fully
provide, in accordance with such | ||||||
6 | indenture, for the defeasance of or the
payment of the | ||||||
7 | principal of, premium, if any, and interest on the Bonds
| ||||||
8 | secured by such indenture and on any Bonds expected to be | ||||||
9 | issued thereafter
and all fees and costs payable with respect | ||||||
10 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
11 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
12 | the last business day of
any month in which Bonds are | ||||||
13 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
14 | aggregate of the moneys deposited in the Build Illinois Bond
| ||||||
15 | Account in the Build Illinois Fund in such month shall be less | ||||||
16 | than the
amount required to be transferred in such month from | ||||||
17 | the Build Illinois
Bond Account to the Build Illinois Bond | ||||||
18 | Retirement and Interest Fund
pursuant to Section 13 of the | ||||||
19 | Build Illinois Bond Act, an amount equal to
such deficiency | ||||||
20 | shall be immediately paid from other moneys received by the
| ||||||
21 | Department pursuant to the Tax Acts to the Build Illinois Fund; | ||||||
22 | provided,
however, that any amounts paid to the Build Illinois | ||||||
23 | Fund in any fiscal
year pursuant to this sentence shall be | ||||||
24 | deemed to constitute payments
pursuant to clause (b) of the | ||||||
25 | preceding sentence and shall reduce the
amount otherwise | ||||||
26 | payable for such fiscal year pursuant to clause (b) of the
|
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
1 | preceding sentence. The moneys received by the Department | ||||||||||||||||||||||||||||||||||||||||||||||
2 | pursuant to this
Act and required to be deposited into the | ||||||||||||||||||||||||||||||||||||||||||||||
3 | Build Illinois Fund are subject
to the pledge, claim and charge | ||||||||||||||||||||||||||||||||||||||||||||||
4 | set forth in Section 12 of the Build Illinois
Bond Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
5 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||
6 | as provided in
the preceding paragraph or in any amendment | ||||||||||||||||||||||||||||||||||||||||||||||
7 | thereto hereafter enacted, the
following specified monthly | ||||||||||||||||||||||||||||||||||||||||||||||
8 | installment of the amount requested in the
certificate of the | ||||||||||||||||||||||||||||||||||||||||||||||
9 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||||||||||||||||||||||||||||||||||||||||||
10 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||
11 | in
excess of the sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||||||||||||||||||||||
12 | deposited in the
aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||
13 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||
14 | 9 of the Service Occupation Tax Act, and
Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||
15 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||
16 | Expansion Project Fund in the specified fiscal years.
| ||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
5 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||
6 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||
7 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||
8 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||
9 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||
10 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||
11 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||
12 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||||||
13 | required under this Section for previous
months and years, | |||||||||||||||||||||
14 | shall be deposited into the McCormick Place Expansion
Project | |||||||||||||||||||||
15 | Fund, until the full amount requested for the fiscal year, but | |||||||||||||||||||||
16 | not
in excess of the amount specified above as "Total Deposit", | |||||||||||||||||||||
17 | has been deposited.
| |||||||||||||||||||||
18 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||
19 | and the
McCormick Place Expansion Project Fund
pursuant to the | |||||||||||||||||||||
20 | preceding paragraphs or in any amendments thereto hereafter
| |||||||||||||||||||||
21 | enacted, beginning July 1, 1993, the Department shall each | |||||||||||||||||||||
22 | month pay into the
Illinois Tax Increment Fund 0.27% of 80% of | |||||||||||||||||||||
23 | the net revenue realized for the
preceding month from the 6.25% | |||||||||||||||||||||
24 | general rate on the selling price of tangible
personal | |||||||||||||||||||||
25 | property.
| |||||||||||||||||||||
26 | Subject to payment of amounts into the Build Illinois Fund |
| |||||||
| |||||||
1 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
2 | preceding paragraphs or
in any
amendments thereto hereafter | ||||||
3 | enacted, beginning with the receipt of the first
report of | ||||||
4 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
5 | period, the Department shall each month pay into the Energy | ||||||
6 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
7 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
8 | that was sold to an eligible business.
For purposes of this | ||||||
9 | paragraph, the term "eligible business" means a new
electric | ||||||
10 | generating facility certified pursuant to Section 605-332 of | ||||||
11 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
12 | Civil Administrative
Code of Illinois.
| ||||||
13 | Subject to payments of amounts into the Build Illinois Fund | ||||||
14 | and the McCormick Place Expansion Project Fund as provided in | ||||||
15 | this Section, beginning on July 1, 2009 the Department shall | ||||||
16 | pay each month into the Downstate Public Transportation Fund | ||||||
17 | the moneys required to be so paid under Section 2-3 of the | ||||||
18 | Downstate Public Transportation Act. | ||||||
19 | All remaining moneys received by the Department pursuant to | ||||||
20 | this
Act shall be paid into the General Revenue Fund of the | ||||||
21 | State Treasury.
| ||||||
22 | As soon as possible after the first day of each month, upon | ||||||
23 | certification
of the Department of Revenue, the Comptroller | ||||||
24 | shall order transferred and
the Treasurer shall transfer from | ||||||
25 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
26 | equal to 1.7% of 80% of the net revenue realized
under this Act |
| |||||||
| |||||||
1 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
2 | transfer is no longer required
and shall not be made.
| ||||||
3 | Net revenue realized for a month shall be the revenue | ||||||
4 | collected by the State
pursuant to this Act, less the amount | ||||||
5 | paid out during that month as refunds
to taxpayers for | ||||||
6 | overpayment of liability.
| ||||||
7 | (Source: P.A. 94-793, eff. 5-19-06; 94-1074, eff. 12-26-06.)
| ||||||
8 | Section 20. The Service Occupation Tax Act is amended by | ||||||
9 | changing Section 9 as follows:
| ||||||
10 | (35 ILCS 115/9) (from Ch. 120, par. 439.109)
| ||||||
11 | Sec. 9. Each serviceman required or authorized to collect | ||||||
12 | the tax
herein imposed shall pay to the Department the amount | ||||||
13 | of such tax at the
time when he is required to file his return | ||||||
14 | for the period during which
such tax was collectible, less a | ||||||
15 | discount of 2.1% prior to
January 1, 1990, and 1.75% on and | ||||||
16 | after January 1, 1990, or
$5 per calendar year, whichever is | ||||||
17 | greater, which is allowed to reimburse
the serviceman for | ||||||
18 | expenses incurred in collecting the tax, keeping
records, | ||||||
19 | preparing and filing returns, remitting the tax and supplying | ||||||
20 | data
to the Department on request.
| ||||||
21 | Where such tangible personal property is sold under a | ||||||
22 | conditional
sales contract, or under any other form of sale | ||||||
23 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
24 | extended beyond the close of
the period for which the return is |
| |||||||
| |||||||
1 | filed, the serviceman, in collecting
the tax may collect, for | ||||||
2 | each tax return period, only the tax applicable
to the part of | ||||||
3 | the selling price actually received during such tax return
| ||||||
4 | period.
| ||||||
5 | Except as provided hereinafter in this Section, on or | ||||||
6 | before the twentieth
day of each calendar month, such | ||||||
7 | serviceman shall file a
return for the preceding calendar month | ||||||
8 | in accordance with reasonable
rules and regulations to be | ||||||
9 | promulgated by the Department of Revenue.
Such return shall be | ||||||
10 | filed on a form prescribed by the Department and
shall contain | ||||||
11 | such information as the Department may reasonably require.
| ||||||
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. The | ||||||
16 | taxpayer shall also file a return with the
Department for each | ||||||
17 | of the first two months of each calendar quarter, on or
before | ||||||
18 | the twentieth day of the following calendar month, stating:
| ||||||
19 | 1. The name of the seller;
| ||||||
20 | 2. The address of the principal place of business from | ||||||
21 | which he engages
in business as a serviceman in this State;
| ||||||
22 | 3. The total amount of taxable receipts received by him | ||||||
23 | during the
preceding calendar month, including receipts | ||||||
24 | from charge and time sales,
but less all deductions allowed | ||||||
25 | by law;
| ||||||
26 | 4. The amount of credit provided in Section 2d of this |
| |||||||
| |||||||
1 | Act;
| ||||||
2 | 5. The amount of tax due;
| ||||||
3 | 5-5. The signature of the taxpayer; and
| ||||||
4 | 6. Such other reasonable information as the Department | ||||||
5 | may
require.
| ||||||
6 | If a taxpayer fails to sign a return within 30 days after | ||||||
7 | the proper notice
and demand for signature by the Department, | ||||||
8 | the return shall be considered
valid and any amount shown to be | ||||||
9 | due on the return shall be deemed assessed.
| ||||||
10 | Prior to October 1, 2003, and on and after September 1, | ||||||
11 | 2004 a serviceman may accept a Manufacturer's
Purchase Credit | ||||||
12 | certification
from a purchaser in satisfaction
of Service Use | ||||||
13 | Tax as provided in Section 3-70 of the
Service Use Tax Act if | ||||||
14 | the purchaser provides
the
appropriate
documentation as | ||||||
15 | required by Section 3-70 of the Service Use Tax Act.
A | ||||||
16 | Manufacturer's Purchase Credit certification, accepted prior | ||||||
17 | to October 1,
2003 or on or after September 1, 2004 by a | ||||||
18 | serviceman as
provided in Section 3-70 of the Service Use Tax | ||||||
19 | Act, may be used by that
serviceman to satisfy Service | ||||||
20 | Occupation Tax liability in the amount claimed in
the | ||||||
21 | certification, not to exceed 6.25% of the receipts subject to | ||||||
22 | tax from a
qualifying purchase. A Manufacturer's Purchase | ||||||
23 | Credit reported on any
original or amended return
filed under
| ||||||
24 | this Act after October 20, 2003 for reporting periods prior to | ||||||
25 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
26 | Credit reported on annual returns due on or after January 1, |
| |||||||
| |||||||
1 | 2005 will be disallowed for periods prior to September 1, 2004.
| ||||||
2 | No Manufacturer's
Purchase Credit may be used after September | ||||||
3 | 30, 2003 through August 31, 2004 to
satisfy any
tax liability | ||||||
4 | imposed under this Act, including any audit liability.
| ||||||
5 | If the serviceman's average monthly tax liability to
the | ||||||
6 | Department does not exceed $200, the Department may authorize | ||||||
7 | his
returns to be filed on a quarter annual basis, with the | ||||||
8 | return for
January, February and March of a given year being | ||||||
9 | due by April 20 of
such year; with the return for April, May | ||||||
10 | and June of a given year being
due by July 20 of such year; with | ||||||
11 | the return for July, August and
September of a given year being | ||||||
12 | due by October 20 of such year, and with
the return for | ||||||
13 | October, November and December of a given year being due
by | ||||||
14 | January 20 of the following year.
| ||||||
15 | If the serviceman's average monthly tax liability to
the | ||||||
16 | Department does not exceed $50, the Department may authorize | ||||||
17 | his
returns to be filed on an annual basis, with the return for | ||||||
18 | a given year
being due by January 20 of the following year.
| ||||||
19 | Such quarter annual and annual returns, as to form and | ||||||
20 | substance,
shall be subject to the same requirements as monthly | ||||||
21 | returns.
| ||||||
22 | Notwithstanding any other provision in this Act concerning | ||||||
23 | the time within
which a serviceman may file his return, in the | ||||||
24 | case of any serviceman who
ceases to engage in a kind of | ||||||
25 | business which makes him responsible for filing
returns under | ||||||
26 | this Act, such serviceman shall file a final return under this
|
| |||||||
| |||||||
1 | Act with the Department not more than 1 month after | ||||||
2 | discontinuing such
business.
| ||||||
3 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
4 | monthly tax
liability of $150,000 or more shall make all | ||||||
5 | payments required by rules of the
Department by electronic | ||||||
6 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
7 | an average monthly tax liability of $100,000 or more shall make | ||||||
8 | all
payments required by rules of the Department by electronic | ||||||
9 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
10 | an average monthly tax liability
of $50,000 or more shall make | ||||||
11 | all payments required by rules of the Department
by electronic | ||||||
12 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
13 | an annual tax liability of $200,000 or more shall make all | ||||||
14 | payments required by
rules of the Department by electronic | ||||||
15 | funds transfer. The term "annual tax
liability" shall be the | ||||||
16 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
17 | other State and local occupation and use tax laws administered | ||||||
18 | by the
Department, for the immediately preceding calendar year. | ||||||
19 | The term "average
monthly tax liability" means
the sum of the | ||||||
20 | taxpayer's liabilities under this Act, and under all other | ||||||
21 | State
and local occupation and use tax laws administered by the | ||||||
22 | Department, for the
immediately preceding calendar year | ||||||
23 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
24 | a tax liability in the
amount set forth in subsection (b) of | ||||||
25 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
26 | all payments required by rules of the Department by
electronic |
| |||||||
| |||||||
1 | funds transfer.
| ||||||
2 | Before August 1 of each year beginning in 1993, the | ||||||
3 | Department shall
notify all taxpayers required to make payments | ||||||
4 | by electronic funds transfer.
All taxpayers required to make | ||||||
5 | payments by electronic funds transfer shall make
those payments | ||||||
6 | for a minimum of one year beginning on October 1.
| ||||||
7 | Any taxpayer not required to make payments by electronic | ||||||
8 | funds transfer may
make payments by electronic funds transfer | ||||||
9 | with the
permission of the Department.
| ||||||
10 | All taxpayers required to make payment by electronic funds | ||||||
11 | transfer and
any taxpayers authorized to voluntarily make | ||||||
12 | payments by electronic funds
transfer shall make those payments | ||||||
13 | in the manner authorized by the Department.
| ||||||
14 | The Department shall adopt such rules as are necessary to | ||||||
15 | effectuate a
program of electronic funds transfer and the | ||||||
16 | requirements of this Section.
| ||||||
17 | Where a serviceman collects the tax with respect to the | ||||||
18 | selling price of
tangible personal property which he sells and | ||||||
19 | the purchaser thereafter returns
such tangible personal | ||||||
20 | property and the serviceman refunds the
selling price thereof | ||||||
21 | to the purchaser, such serviceman shall also refund,
to the | ||||||
22 | purchaser, the tax so collected from the purchaser. When
filing | ||||||
23 | his return for the period in which he refunds such tax to the
| ||||||
24 | purchaser, the serviceman may deduct the amount of the tax so | ||||||
25 | refunded by
him to the purchaser from any other Service | ||||||
26 | Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or |
| |||||||
| |||||||
1 | Use Tax which such serviceman may be
required to pay or remit | ||||||
2 | to the Department, as shown by such return,
provided that the | ||||||
3 | amount of the tax to be deducted shall previously have
been | ||||||
4 | remitted to the Department by such serviceman. If the | ||||||
5 | serviceman shall
not previously have remitted the amount of | ||||||
6 | such tax to the Department,
he shall be entitled to no | ||||||
7 | deduction hereunder upon refunding such tax
to the purchaser.
| ||||||
8 | If experience indicates such action to be practicable, the | ||||||
9 | Department
may prescribe and furnish a combination or joint | ||||||
10 | return which will
enable servicemen, who are required to file | ||||||
11 | returns
hereunder and also under the Retailers' Occupation Tax | ||||||
12 | Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | ||||||
13 | the return
information required by all said Acts on the one | ||||||
14 | form.
| ||||||
15 | Where the serviceman has more than one business
registered | ||||||
16 | with the Department under separate registrations hereunder,
| ||||||
17 | such serviceman shall file separate returns for each
registered | ||||||
18 | business.
| ||||||
19 | Beginning January 1, 1990, each month the Department shall | ||||||
20 | pay into
the Local Government Tax Fund the revenue realized for | ||||||
21 | the
preceding month from the 1% tax on sales of food for human | ||||||
22 | consumption
which is to be consumed off the premises where it | ||||||
23 | is sold (other than
alcoholic beverages, soft drinks and food | ||||||
24 | which has been prepared for
immediate consumption) and | ||||||
25 | prescription and nonprescription medicines,
drugs, medical | ||||||
26 | appliances and insulin, urine testing materials, syringes
and |
| |||||||
| |||||||
1 | needles used by diabetics.
| ||||||
2 | Beginning January 1, 1990, each month the Department shall | ||||||
3 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
4 | revenue realized
for the preceding month from the 6.25% general | ||||||
5 | rate.
| ||||||
6 | Beginning August 1, 2000, each
month the Department shall | ||||||
7 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
8 | net revenue realized for the
preceding month from the 1.25% | ||||||
9 | rate on the selling price of motor fuel and
gasohol.
| ||||||
10 | Beginning January 1, 1990, each month the Department shall | ||||||
11 | pay into
the Local Government Tax Fund 16% of the revenue | ||||||
12 | realized for the
preceding month from the 6.25% general rate on | ||||||
13 | transfers of
tangible personal property.
| ||||||
14 | Beginning August 1, 2000, each
month the Department shall | ||||||
15 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
16 | realized for the preceding
month from the 1.25% rate on the | ||||||
17 | selling price of motor fuel and gasohol.
| ||||||
18 | Of the remainder of the moneys received by the Department | ||||||
19 | pursuant to
this Act, (a) 1.75% thereof shall be paid into the | ||||||
20 | Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on | ||||||
21 | and after July 1, 1989, 3.8% thereof
shall be paid into the | ||||||
22 | Build Illinois Fund; provided, however, that if in
any fiscal | ||||||
23 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
| ||||||
24 | may be, of the moneys received by the Department and required | ||||||
25 | to be paid
into the Build Illinois Fund pursuant to Section 3 | ||||||
26 | of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax |
| |||||||
| |||||||
1 | Act, Section 9 of the Service
Use Tax Act, and Section 9 of the | ||||||
2 | Service Occupation Tax Act, such Acts
being hereinafter called | ||||||
3 | the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case | ||||||
4 | may be, of moneys being hereinafter called the "Tax Act
| ||||||
5 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
6 | Fund from the
State and Local Sales Tax Reform Fund shall be | ||||||
7 | less than the Annual
Specified Amount (as defined in Section 3 | ||||||
8 | of the Retailers' Occupation Tax
Act), an amount equal to the | ||||||
9 | difference shall be immediately paid into the
Build Illinois | ||||||
10 | Fund from other moneys received by the Department pursuant
to | ||||||
11 | the Tax Acts; and further provided, that if on the last | ||||||
12 | business day of
any month the sum of (1) the Tax Act Amount | ||||||
13 | required to be deposited into
the Build Illinois Account in the | ||||||
14 | Build Illinois Fund during such month and
(2) the amount | ||||||
15 | transferred during such month to the Build Illinois Fund
from | ||||||
16 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
17 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
18 | the difference
shall be immediately paid into the Build | ||||||
19 | Illinois Fund from other moneys
received by the Department | ||||||
20 | pursuant to the Tax Acts; and, further provided,
that in no | ||||||
21 | event shall the payments required under the preceding proviso
| ||||||
22 | result in aggregate payments into the Build Illinois Fund | ||||||
23 | pursuant to this
clause (b) for any fiscal year in excess of | ||||||
24 | the greater of (i) the Tax Act
Amount or (ii) the Annual | ||||||
25 | Specified Amount for such fiscal year; and,
further provided, | ||||||
26 | that the amounts payable into the Build Illinois Fund
under |
| |||||||
| |||||||
1 | this clause (b) shall be payable only until such time as the
| ||||||
2 | aggregate amount on deposit under each trust indenture securing | ||||||
3 | Bonds
issued and outstanding pursuant to the Build Illinois | ||||||
4 | Bond Act is
sufficient, taking into account any future | ||||||
5 | investment income, to fully
provide, in accordance with such | ||||||
6 | indenture, for the defeasance of or the
payment of the | ||||||
7 | principal of, premium, if any, and interest on the Bonds
| ||||||
8 | secured by such indenture and on any Bonds expected to be | ||||||
9 | issued thereafter
and all fees and costs payable with respect | ||||||
10 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
11 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
12 | the last business day of
any month in which Bonds are | ||||||
13 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
14 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
15 | Account in the Build Illinois Fund in such month
shall be less | ||||||
16 | than the amount required to be transferred in such month from
| ||||||
17 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
18 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
19 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
20 | shall be immediately paid
from other moneys received by the | ||||||
21 | Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||||||
22 | provided, however, that any amounts paid to the
Build Illinois | ||||||
23 | Fund in any fiscal year pursuant to this sentence shall be
| ||||||
24 | deemed to constitute payments pursuant to clause (b) of the | ||||||
25 | preceding
sentence and shall reduce the amount otherwise | ||||||
26 | payable for such fiscal year
pursuant to clause (b) of the |
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
1 | preceding sentence. The moneys received by
the Department | ||||||||||||||||||||||||||||||||||||||||||||||
2 | pursuant to this Act and required to be deposited into the
| ||||||||||||||||||||||||||||||||||||||||||||||
3 | Build Illinois Fund are subject to the pledge, claim and charge | ||||||||||||||||||||||||||||||||||||||||||||||
4 | set forth
in Section 12 of the Build Illinois Bond Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
5 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||
6 | as provided in
the preceding paragraph or in any amendment | ||||||||||||||||||||||||||||||||||||||||||||||
7 | thereto hereafter enacted, the
following specified monthly | ||||||||||||||||||||||||||||||||||||||||||||||
8 | installment of the amount requested in the
certificate of the | ||||||||||||||||||||||||||||||||||||||||||||||
9 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||||||||||||||||||||||||||||||||||||||||||
10 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||
11 | in
excess of the sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||||||||||||||||||||||
12 | deposited in the
aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||
13 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||
14 | 9 of the Service Occupation Tax Act, and
Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||
15 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||
16 | Expansion Project Fund in the specified fiscal years.
| ||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
5 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||
6 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||
7 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||
8 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||
9 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||
10 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||
11 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||
12 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||||||
13 | required under this Section for previous
months and years, | |||||||||||||||||||||
14 | shall be deposited into the McCormick Place Expansion
Project | |||||||||||||||||||||
15 | Fund, until the full amount requested for the fiscal year, but | |||||||||||||||||||||
16 | not
in excess of the amount specified above as "Total Deposit", | |||||||||||||||||||||
17 | has been deposited.
| |||||||||||||||||||||
18 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||
19 | and the
McCormick
Place Expansion Project Fund
pursuant to the | |||||||||||||||||||||
20 | preceding paragraphs or in any amendments thereto hereafter
| |||||||||||||||||||||
21 | enacted, beginning July 1, 1993, the Department shall each | |||||||||||||||||||||
22 | month pay into the
Illinois Tax Increment Fund 0.27% of 80% of | |||||||||||||||||||||
23 | the net revenue realized for the
preceding month from the 6.25% | |||||||||||||||||||||
24 | general rate on the selling price of tangible
personal | |||||||||||||||||||||
25 | property.
| |||||||||||||||||||||
26 | Subject to payment of amounts into the Build Illinois Fund |
| |||||||
| |||||||
1 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
2 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
3 | enacted, beginning with the receipt of the first
report of | ||||||
4 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
5 | period, the Department shall each month pay into the Energy | ||||||
6 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
7 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
8 | that was sold to an eligible business.
For purposes of this | ||||||
9 | paragraph, the term "eligible business" means a new
electric | ||||||
10 | generating facility certified pursuant to Section 605-332 of | ||||||
11 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
12 | Civil Administrative
Code of Illinois.
| ||||||
13 | Subject to payments of amounts into the Build Illinois Fund | ||||||
14 | and the McCormick Place Expansion Project Fund as provided in | ||||||
15 | this Section, beginning on July 1, 2009 the Department shall | ||||||
16 | pay each month into the Downstate Public Transportation Fund | ||||||
17 | the moneys required to be so paid under Section 2-3 of the | ||||||
18 | Downstate Public Transportation Act. | ||||||
19 | Remaining moneys received by the Department pursuant to | ||||||
20 | this
Act shall be paid into the General Revenue Fund of the | ||||||
21 | State Treasury.
| ||||||
22 | The Department may, upon separate written notice to a | ||||||
23 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
24 | Department on a form
prescribed by the Department within not | ||||||
25 | less than 60 days after receipt
of the notice an annual | ||||||
26 | information return for the tax year specified in
the notice. |
| |||||||
| |||||||
1 | Such annual return to the Department shall include a
statement | ||||||
2 | of gross receipts as shown by the taxpayer's last Federal | ||||||
3 | income
tax return. If the total receipts of the business as | ||||||
4 | reported in the
Federal income tax return do not agree with the | ||||||
5 | gross receipts reported to
the Department of Revenue for the | ||||||
6 | same period, the taxpayer shall attach
to his annual return a | ||||||
7 | schedule showing a reconciliation of the 2
amounts and the | ||||||
8 | reasons for the difference. The taxpayer's annual
return to the | ||||||
9 | Department shall also disclose the cost of goods sold by
the | ||||||
10 | taxpayer during the year covered by such return, opening and | ||||||
11 | closing
inventories of such goods for such year, cost of goods | ||||||
12 | used from stock
or taken from stock and given away by the | ||||||
13 | taxpayer during such year, pay
roll information of the | ||||||
14 | taxpayer's business during such year and any
additional | ||||||
15 | reasonable information which the Department deems would be
| ||||||
16 | helpful in determining the accuracy of the monthly, quarterly | ||||||
17 | or annual
returns filed by such taxpayer as hereinbefore | ||||||
18 | provided for in this
Section.
| ||||||
19 | If the annual information return required by this Section | ||||||
20 | is not
filed when and as required, the taxpayer shall be liable | ||||||
21 | as follows:
| ||||||
22 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
23 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
24 | taxpayer
under this Act during the period to be covered by | ||||||
25 | the annual return
for each month or fraction of a month | ||||||
26 | until such return is filed as
required, the penalty to be |
| |||||||
| |||||||
1 | assessed and collected in the same manner
as any other | ||||||
2 | penalty provided for in this Act.
| ||||||
3 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
4 | be liable for a
penalty as described in Section 3-4 of the | ||||||
5 | Uniform Penalty and Interest Act.
| ||||||
6 | The chief executive officer, proprietor, owner or highest | ||||||
7 | ranking
manager shall sign the annual return to certify the | ||||||
8 | accuracy of the
information contained therein. Any person who | ||||||
9 | willfully signs the
annual return containing false or | ||||||
10 | inaccurate information shall be guilty
of perjury and punished | ||||||
11 | accordingly. The annual return form prescribed
by the | ||||||
12 | Department shall include a warning that the person signing the
| ||||||
13 | return may be liable for perjury.
| ||||||
14 | The foregoing portion of this Section concerning the filing | ||||||
15 | of an
annual information return shall not apply to a serviceman | ||||||
16 | who is not
required to file an income tax return with the | ||||||
17 | United States Government.
| ||||||
18 | As soon as possible after the first day of each month, upon | ||||||
19 | certification
of the Department of Revenue, the Comptroller | ||||||
20 | shall order transferred and
the Treasurer shall transfer from | ||||||
21 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
22 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
23 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
24 | transfer is no longer required
and shall not be made.
| ||||||
25 | Net revenue realized for a month shall be the revenue | ||||||
26 | collected by the State
pursuant to this Act, less the amount |
| |||||||
| |||||||
1 | paid out during that month as
refunds to taxpayers for | ||||||
2 | overpayment of liability.
| ||||||
3 | For greater simplicity of administration, it shall be | ||||||
4 | permissible for
manufacturers, importers and wholesalers whose | ||||||
5 | products are sold by numerous
servicemen in Illinois, and who | ||||||
6 | wish to do so, to
assume the responsibility for accounting and | ||||||
7 | paying to the Department
all tax accruing under this Act with | ||||||
8 | respect to such sales, if the
servicemen who are affected do | ||||||
9 | not make written objection to the
Department to this | ||||||
10 | arrangement.
| ||||||
11 | (Source: P.A. 93-24, eff. 6-20-03; 93-840, eff. 7-30-04; | ||||||
12 | 94-1074, eff. 12-26-06.)
| ||||||
13 | Section 25. The Retailers' Occupation Tax Act is amended by | ||||||
14 | changing Section 3 as follows:
| ||||||
15 | (35 ILCS 120/3) (from Ch. 120, par. 442)
| ||||||
16 | Sec. 3. Except as provided in this Section, on or before | ||||||
17 | the twentieth
day of each calendar month, every person engaged | ||||||
18 | in the business of
selling tangible personal property at retail | ||||||
19 | in this State during the
preceding calendar month shall file a | ||||||
20 | return with the Department, stating:
| ||||||
21 | 1. The name of the seller;
| ||||||
22 | 2. His residence address and the address of his | ||||||
23 | principal place of
business and the address of the | ||||||
24 | principal place of business (if that is
a different |
| |||||||
| |||||||
1 | address) from which he engages in the business of selling
| ||||||
2 | tangible personal property at retail in this State;
| ||||||
3 | 3. Total amount of receipts received by him during the | ||||||
4 | preceding
calendar month or quarter, as the case may be, | ||||||
5 | from sales of tangible
personal property, and from services | ||||||
6 | furnished, by him during such
preceding calendar month or | ||||||
7 | quarter;
| ||||||
8 | 4. Total amount received by him during the preceding | ||||||
9 | calendar month or
quarter on charge and time sales of | ||||||
10 | tangible personal property, and from
services furnished, | ||||||
11 | by him prior to the month or quarter for which the return
| ||||||
12 | is filed;
| ||||||
13 | 5. Deductions allowed by law;
| ||||||
14 | 6. Gross receipts which were received by him during the | ||||||
15 | preceding
calendar month or quarter and upon the basis of | ||||||
16 | which the tax is imposed;
| ||||||
17 | 7. The amount of credit provided in Section 2d of this | ||||||
18 | Act;
| ||||||
19 | 8. The amount of tax due;
| ||||||
20 | 9. The signature of the taxpayer; and
| ||||||
21 | 10. Such other reasonable information as the | ||||||
22 | Department may require.
| ||||||
23 | If a taxpayer fails to sign a return within 30 days after | ||||||
24 | the proper notice
and demand for signature by the Department, | ||||||
25 | the return shall be considered
valid and any amount shown to be | ||||||
26 | due on the return shall be deemed assessed.
|
| |||||||
| |||||||
1 | Each return shall be accompanied by the statement of | ||||||
2 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
3 | claimed.
| ||||||
4 | Prior to October 1, 2003, and on and after September 1, | ||||||
5 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
6 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
7 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
8 | provides the
appropriate documentation as required by Section | ||||||
9 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
10 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
11 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
12 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
13 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
14 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
15 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
16 | Credit
reported on any original or amended return
filed under
| ||||||
17 | this Act after October 20, 2003 for reporting periods prior to | ||||||
18 | September 1, 2004 shall be disallowed. Manufacturer's | ||||||
19 | Purchaser Credit reported on annual returns due on or after | ||||||
20 | January 1, 2005 will be disallowed for periods prior to | ||||||
21 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
22 | used after September 30, 2003 through August 31, 2004 to
| ||||||
23 | satisfy any
tax liability imposed under this Act, including any | ||||||
24 | audit liability.
| ||||||
25 | The Department may require returns to be filed on a | ||||||
26 | quarterly basis.
If so required, a return for each calendar |
| |||||||
| |||||||
1 | quarter shall be filed on or
before the twentieth day of the | ||||||
2 | calendar month following the end of such
calendar quarter. The | ||||||
3 | taxpayer shall also file a return with the
Department for each | ||||||
4 | of the first two months of each calendar quarter, on or
before | ||||||
5 | the twentieth day of the following calendar month, stating:
| ||||||
6 | 1. The name of the seller;
| ||||||
7 | 2. The address of the principal place of business from | ||||||
8 | which he engages
in the business of selling tangible | ||||||
9 | personal property at retail in this State;
| ||||||
10 | 3. The total amount of taxable receipts received by him | ||||||
11 | during the
preceding calendar month from sales of tangible | ||||||
12 | personal property by him
during such preceding calendar | ||||||
13 | month, including receipts from charge and
time sales, but | ||||||
14 | less all deductions allowed by law;
| ||||||
15 | 4. The amount of credit provided in Section 2d of this | ||||||
16 | Act;
| ||||||
17 | 5. The amount of tax due; and
| ||||||
18 | 6. Such other reasonable information as the Department | ||||||
19 | may
require.
| ||||||
20 | Beginning on October 1, 2003, any person who is not a | ||||||
21 | licensed
distributor, importing distributor, or manufacturer, | ||||||
22 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
23 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
24 | a statement with the Department of Revenue, in a format
and at | ||||||
25 | a time prescribed by the Department, showing the total amount | ||||||
26 | paid for
alcoholic liquor purchased during the preceding month |
| |||||||
| |||||||
1 | and such other
information as is reasonably required by the | ||||||
2 | Department.
The Department may adopt rules to require
that this | ||||||
3 | statement be filed in an electronic or telephonic format. Such | ||||||
4 | rules
may provide for exceptions from the filing requirements | ||||||
5 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
6 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
7 | Liquor Control Act of 1934.
| ||||||
8 | Beginning on October 1, 2003, every distributor, importing | ||||||
9 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
10 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
11 | Department of Revenue, no later than the 10th day of the
month | ||||||
12 | for the
preceding month during which transactions occurred, by | ||||||
13 | electronic means,
showing the
total amount of gross receipts | ||||||
14 | from the sale of alcoholic liquor sold or
distributed during
| ||||||
15 | the preceding month to purchasers; identifying the purchaser to | ||||||
16 | whom it was
sold or
distributed; the purchaser's tax | ||||||
17 | registration number; and such other
information
reasonably | ||||||
18 | required by the Department. A distributor, importing | ||||||
19 | distributor, or manufacturer of alcoholic liquor must | ||||||
20 | personally deliver, mail, or provide by electronic means to | ||||||
21 | each retailer listed on the monthly statement a report | ||||||
22 | containing a cumulative total of that distributor's, importing | ||||||
23 | distributor's, or manufacturer's total sales of alcoholic | ||||||
24 | liquor to that retailer no later than the 10th day of the month | ||||||
25 | for the preceding month during which the transaction occurred. | ||||||
26 | The distributor, importing distributor, or manufacturer shall |
| |||||||
| |||||||
1 | notify the retailer as to the method by which the distributor, | ||||||
2 | importing distributor, or manufacturer will provide the sales | ||||||
3 | information. If the retailer is unable to receive the sales | ||||||
4 | information by electronic means, the distributor, importing | ||||||
5 | distributor, or manufacturer shall furnish the sales | ||||||
6 | information by personal delivery or by mail. For purposes of | ||||||
7 | this paragraph, the term "electronic means" includes, but is | ||||||
8 | not limited to, the use of a secure Internet website, e-mail, | ||||||
9 | or facsimile.
| ||||||
10 | If a total amount of less than $1 is payable, refundable or | ||||||
11 | creditable,
such amount shall be disregarded if it is less than | ||||||
12 | 50 cents and shall be
increased to $1 if it is 50 cents or more.
| ||||||
13 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
14 | monthly tax liability of $150,000 or more shall
make all | ||||||
15 | payments required by rules of the
Department by electronic | ||||||
16 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
17 | an average monthly tax liability of $100,000 or more shall make | ||||||
18 | all
payments required by rules of the Department by electronic | ||||||
19 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
20 | an average monthly tax liability
of $50,000 or more shall make | ||||||
21 | all
payments required by rules of the Department by electronic | ||||||
22 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
23 | an annual tax liability of
$200,000 or more shall make all | ||||||
24 | payments required by rules of the Department by
electronic | ||||||
25 | funds transfer. The term "annual tax liability" shall be the | ||||||
26 | sum of
the taxpayer's liabilities under this Act, and under all |
| |||||||
| |||||||
1 | other State and local
occupation and use tax laws administered | ||||||
2 | by the Department, for the immediately
preceding calendar year.
| ||||||
3 | The term "average monthly tax liability" shall be the sum of | ||||||
4 | the
taxpayer's liabilities under this
Act, and under all other | ||||||
5 | State and local occupation and use tax
laws administered by the | ||||||
6 | Department, for the immediately preceding calendar
year | ||||||
7 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
8 | a tax liability in the
amount set forth in subsection (b) of | ||||||
9 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
10 | all payments required by rules of the Department by
electronic | ||||||
11 | funds transfer.
| ||||||
12 | Before August 1 of each year beginning in 1993, the | ||||||
13 | Department shall
notify all taxpayers required to make payments | ||||||
14 | by electronic funds
transfer. All taxpayers
required to make | ||||||
15 | payments by electronic funds transfer shall make those
payments | ||||||
16 | for
a minimum of one year beginning on October 1.
| ||||||
17 | Any taxpayer not required to make payments by electronic | ||||||
18 | funds transfer may
make payments by electronic funds transfer | ||||||
19 | with
the permission of the Department.
| ||||||
20 | All taxpayers required to make payment by electronic funds | ||||||
21 | transfer and
any taxpayers authorized to voluntarily make | ||||||
22 | payments by electronic funds
transfer shall make those payments | ||||||
23 | in the manner authorized by the Department.
| ||||||
24 | The Department shall adopt such rules as are necessary to | ||||||
25 | effectuate a
program of electronic funds transfer and the | ||||||
26 | requirements of this Section.
|
| |||||||
| |||||||
1 | Any amount which is required to be shown or reported on any | ||||||
2 | return or
other document under this Act shall, if such amount | ||||||
3 | is not a whole-dollar
amount, be increased to the nearest | ||||||
4 | whole-dollar amount in any case where
the fractional part of a | ||||||
5 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
6 | whole-dollar amount where the fractional part of a dollar is | ||||||
7 | less
than 50 cents.
| ||||||
8 | If the retailer is otherwise required to file a monthly | ||||||
9 | return and if the
retailer's average monthly tax liability to | ||||||
10 | the Department does not exceed
$200, the Department may | ||||||
11 | authorize his returns to be filed on a quarter
annual basis, | ||||||
12 | with the return for January, February and March of a given
year | ||||||
13 | being due by April 20 of such year; with the return for April, | ||||||
14 | May and
June of a given year being due by July 20 of such year; | ||||||
15 | with the return for
July, August and September of a given year | ||||||
16 | being due by October 20 of such
year, and with the return for | ||||||
17 | October, November and December of a given
year being due by | ||||||
18 | January 20 of the following year.
| ||||||
19 | If the retailer is otherwise required to file a monthly or | ||||||
20 | quarterly
return and if the retailer's average monthly tax | ||||||
21 | liability with the
Department does not exceed $50, the | ||||||
22 | Department may authorize his returns to
be filed on an annual | ||||||
23 | basis, with the return for a given year being due by
January 20 | ||||||
24 | of the following year.
| ||||||
25 | Such quarter annual and annual returns, as to form and | ||||||
26 | substance,
shall be subject to the same requirements as monthly |
| |||||||
| |||||||
1 | returns.
| ||||||
2 | Notwithstanding any other provision in this Act concerning | ||||||
3 | the time
within which a retailer may file his return, in the | ||||||
4 | case of any retailer
who ceases to engage in a kind of business | ||||||
5 | which makes him responsible
for filing returns under this Act, | ||||||
6 | such retailer shall file a final
return under this Act with the | ||||||
7 | Department not more than one month after
discontinuing such | ||||||
8 | business.
| ||||||
9 | Where the same person has more than one business registered | ||||||
10 | with the
Department under separate registrations under this | ||||||
11 | Act, such person may
not file each return that is due as a | ||||||
12 | single return covering all such
registered businesses, but | ||||||
13 | shall file separate returns for each such
registered business.
| ||||||
14 | In addition, with respect to motor vehicles, watercraft,
| ||||||
15 | aircraft, and trailers that are required to be registered with | ||||||
16 | an agency of
this State, every
retailer selling this kind of | ||||||
17 | tangible personal property shall file,
with the Department, | ||||||
18 | upon a form to be prescribed and supplied by the
Department, a | ||||||
19 | separate return for each such item of tangible personal
| ||||||
20 | property which the retailer sells, except that if, in the same
| ||||||
21 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
22 | vehicles or
trailers transfers more than one aircraft, | ||||||
23 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
24 | watercraft, motor vehicle
retailer or trailer retailer for the | ||||||
25 | purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||||||
26 | motor vehicles, or trailers
transfers more than one aircraft, |
| |||||||
| |||||||
1 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
2 | a qualifying rolling stock as provided in Section 2-5 of
this | ||||||
3 | Act, then
that seller may report the transfer of all aircraft,
| ||||||
4 | watercraft, motor vehicles or trailers involved in that | ||||||
5 | transaction to the
Department on the same uniform | ||||||
6 | invoice-transaction reporting return form. For
purposes of | ||||||
7 | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||||||
8 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
9 | and Safety Act, a
personal watercraft, or any boat equipped | ||||||
10 | with an inboard motor.
| ||||||
11 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
12 | aircraft, or trailers that are required to be registered with | ||||||
13 | an agency of
this State, so that all
retailers' occupation tax | ||||||
14 | liability is required to be reported, and is
reported, on such | ||||||
15 | transaction reporting returns and who is not otherwise
required | ||||||
16 | to file monthly or quarterly returns, need not file monthly or
| ||||||
17 | quarterly returns. However, those retailers shall be required | ||||||
18 | to
file returns on an annual basis.
| ||||||
19 | The transaction reporting return, in the case of motor | ||||||
20 | vehicles
or trailers that are required to be registered with an | ||||||
21 | agency of this
State, shall
be the same document as the Uniform | ||||||
22 | Invoice referred to in Section 5-402
of The Illinois Vehicle | ||||||
23 | Code and must show the name and address of the
seller; the name | ||||||
24 | and address of the purchaser; the amount of the selling
price | ||||||
25 | including the amount allowed by the retailer for traded-in
| ||||||
26 | property, if any; the amount allowed by the retailer for the |
| |||||||
| |||||||
1 | traded-in
tangible personal property, if any, to the extent to | ||||||
2 | which Section 1 of
this Act allows an exemption for the value | ||||||
3 | of traded-in property; the
balance payable after deducting such | ||||||
4 | trade-in allowance from the total
selling price; the amount of | ||||||
5 | tax due from the retailer with respect to
such transaction; the | ||||||
6 | amount of tax collected from the purchaser by the
retailer on | ||||||
7 | such transaction (or satisfactory evidence that such tax is
not | ||||||
8 | due in that particular instance, if that is claimed to be the | ||||||
9 | fact);
the place and date of the sale; a sufficient | ||||||
10 | identification of the
property sold; such other information as | ||||||
11 | is required in Section 5-402 of
The Illinois Vehicle Code, and | ||||||
12 | such other information as the Department
may reasonably | ||||||
13 | require.
| ||||||
14 | The transaction reporting return in the case of watercraft
| ||||||
15 | or aircraft must show
the name and address of the seller; the | ||||||
16 | name and address of the
purchaser; the amount of the selling | ||||||
17 | price including the amount allowed
by the retailer for | ||||||
18 | traded-in property, if any; the amount allowed by
the retailer | ||||||
19 | for the traded-in tangible personal property, if any, to
the | ||||||
20 | extent to which Section 1 of this Act allows an exemption for | ||||||
21 | the
value of traded-in property; the balance payable after | ||||||
22 | deducting such
trade-in allowance from the total selling price; | ||||||
23 | the amount of tax due
from the retailer with respect to such | ||||||
24 | transaction; the amount of tax
collected from the purchaser by | ||||||
25 | the retailer on such transaction (or
satisfactory evidence that | ||||||
26 | such tax is not due in that particular
instance, if that is |
| |||||||
| |||||||
1 | claimed to be the fact); the place and date of the
sale, a | ||||||
2 | sufficient identification of the property sold, and such other
| ||||||
3 | information as the Department may reasonably require.
| ||||||
4 | Such transaction reporting return shall be filed not later | ||||||
5 | than 20
days after the day of delivery of the item that is | ||||||
6 | being sold, but may
be filed by the retailer at any time sooner | ||||||
7 | than that if he chooses to
do so. The transaction reporting | ||||||
8 | return and tax remittance or proof of
exemption from the | ||||||
9 | Illinois use tax may be transmitted to the Department
by way of | ||||||
10 | the State agency with which, or State officer with whom the
| ||||||
11 | tangible personal property must be titled or registered (if | ||||||
12 | titling or
registration is required) if the Department and such | ||||||
13 | agency or State
officer determine that this procedure will | ||||||
14 | expedite the processing of
applications for title or | ||||||
15 | registration.
| ||||||
16 | With each such transaction reporting return, the retailer | ||||||
17 | shall remit
the proper amount of tax due (or shall submit | ||||||
18 | satisfactory evidence that
the sale is not taxable if that is | ||||||
19 | the case), to the Department or its
agents, whereupon the | ||||||
20 | Department shall issue, in the purchaser's name, a
use tax | ||||||
21 | receipt (or a certificate of exemption if the Department is
| ||||||
22 | satisfied that the particular sale is tax exempt) which such | ||||||
23 | purchaser
may submit to the agency with which, or State officer | ||||||
24 | with whom, he must
title or register the tangible personal | ||||||
25 | property that is involved (if
titling or registration is | ||||||
26 | required) in support of such purchaser's
application for an |
| |||||||
| |||||||
1 | Illinois certificate or other evidence of title or
registration | ||||||
2 | to such tangible personal property.
| ||||||
3 | No retailer's failure or refusal to remit tax under this | ||||||
4 | Act
precludes a user, who has paid the proper tax to the | ||||||
5 | retailer, from
obtaining his certificate of title or other | ||||||
6 | evidence of title or
registration (if titling or registration | ||||||
7 | is required) upon satisfying
the Department that such user has | ||||||
8 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
9 | Department shall adopt appropriate rules to carry out
the | ||||||
10 | mandate of this paragraph.
| ||||||
11 | If the user who would otherwise pay tax to the retailer | ||||||
12 | wants the
transaction reporting return filed and the payment of | ||||||
13 | the tax or proof
of exemption made to the Department before the | ||||||
14 | retailer is willing to
take these actions and such user has not | ||||||
15 | paid the tax to the retailer,
such user may certify to the fact | ||||||
16 | of such delay by the retailer and may
(upon the Department | ||||||
17 | being satisfied of the truth of such certification)
transmit | ||||||
18 | the information required by the transaction reporting return
| ||||||
19 | and the remittance for tax or proof of exemption directly to | ||||||
20 | the
Department and obtain his tax receipt or exemption | ||||||
21 | determination, in
which event the transaction reporting return | ||||||
22 | and tax remittance (if a
tax payment was required) shall be | ||||||
23 | credited by the Department to the
proper retailer's account | ||||||
24 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
25 | provided for in this Section being allowed. When the user pays
| ||||||
26 | the tax directly to the Department, he shall pay the tax in the |
| |||||||
| |||||||
1 | same
amount and in the same form in which it would be remitted | ||||||
2 | if the tax had
been remitted to the Department by the retailer.
| ||||||
3 | Refunds made by the seller during the preceding return | ||||||
4 | period to
purchasers, on account of tangible personal property | ||||||
5 | returned to the
seller, shall be allowed as a deduction under | ||||||
6 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
7 | may be, in case the
seller had theretofore included the | ||||||
8 | receipts from the sale of such
tangible personal property in a | ||||||
9 | return filed by him and had paid the tax
imposed by this Act | ||||||
10 | with respect to such receipts.
| ||||||
11 | Where the seller is a corporation, the return filed on | ||||||
12 | behalf of such
corporation shall be signed by the president, | ||||||
13 | vice-president, secretary
or treasurer or by the properly | ||||||
14 | accredited agent of such corporation.
| ||||||
15 | Where the seller is a limited liability company, the return | ||||||
16 | filed on behalf
of the limited liability company shall be | ||||||
17 | signed by a manager, member, or
properly accredited agent of | ||||||
18 | the limited liability company.
| ||||||
19 | Except as provided in this Section, the retailer filing the | ||||||
20 | return
under this Section shall, at the time of filing such | ||||||
21 | return, pay to the
Department the amount of tax imposed by this | ||||||
22 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
23 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
24 | whichever is greater, which is allowed to
reimburse the | ||||||
25 | retailer for the expenses incurred in keeping records,
| ||||||
26 | preparing and filing returns, remitting the tax and supplying |
| |||||||
| |||||||
1 | data to
the Department on request. Any prepayment made pursuant | ||||||
2 | to Section 2d
of this Act shall be included in the amount on | ||||||
3 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
4 | retailers who report
and pay the tax on a transaction by | ||||||
5 | transaction basis, as provided in this
Section, such discount | ||||||
6 | shall be taken with each such tax remittance
instead of when | ||||||
7 | such retailer files his periodic return.
| ||||||
8 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
9 | tax liability
to the Department
under this Act, the Use Tax | ||||||
10 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
11 | Act, excluding any liability for prepaid sales
tax to be | ||||||
12 | remitted in accordance with Section 2d of this Act, was
$10,000
| ||||||
13 | or more during the preceding 4 complete calendar quarters, he | ||||||
14 | shall file a
return with the Department each month by the 20th | ||||||
15 | day of the month next
following the month during which such tax | ||||||
16 | liability is incurred and shall
make payments to the Department | ||||||
17 | on or before the 7th, 15th, 22nd and last
day of the month | ||||||
18 | during which such liability is incurred.
On and after October | ||||||
19 | 1, 2000, if the taxpayer's average monthly tax liability
to the | ||||||
20 | Department under this Act, the Use Tax Act, the Service | ||||||
21 | Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||||||
22 | liability for prepaid sales tax
to be remitted in accordance | ||||||
23 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
24 | preceding 4 complete calendar quarters, he shall file a return | ||||||
25 | with
the Department each month by the 20th day of the month | ||||||
26 | next following the month
during which such tax liability is |
| |||||||
| |||||||
1 | incurred and shall make payment to the
Department on or before | ||||||
2 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
3 | liability is incurred.
If the month
during which such tax | ||||||
4 | liability is incurred began prior to January 1, 1985,
each | ||||||
5 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
6 | actual
liability for the month or an amount set by the | ||||||
7 | Department not to exceed
1/4 of the average monthly liability | ||||||
8 | of the taxpayer to the Department for
the preceding 4 complete | ||||||
9 | calendar quarters (excluding the month of highest
liability and | ||||||
10 | the month of lowest liability in such 4 quarter period). If
the | ||||||
11 | month during which such tax liability is incurred begins on or | ||||||
12 | after
January 1, 1985 and prior to January 1, 1987, each | ||||||
13 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
14 | actual liability for the month or
27.5% of the taxpayer's | ||||||
15 | liability for the same calendar
month of the preceding year. If | ||||||
16 | the month during which such tax
liability is incurred begins on | ||||||
17 | or after January 1, 1987 and prior to
January 1, 1988, each | ||||||
18 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
19 | actual liability for the month or 26.25% of the taxpayer's
| ||||||
20 | liability for the same calendar month of the preceding year. If | ||||||
21 | the month
during which such tax liability is incurred begins on | ||||||
22 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
23 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
24 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
25 | the month or 25% of
the taxpayer's liability for the same | ||||||
26 | calendar month of the preceding year. If
the month during which |
| |||||||
| |||||||
1 | such tax liability is incurred begins on or after
January 1, | ||||||
2 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
3 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
4 | the month or 25% of the taxpayer's
liability for the same | ||||||
5 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
6 | actual liability for the quarter monthly reporting period. The
| ||||||
7 | amount of such quarter monthly payments shall be credited | ||||||
8 | against
the final tax liability of the taxpayer's return for | ||||||
9 | that month. Before
October 1, 2000, once
applicable, the | ||||||
10 | requirement of the making of quarter monthly payments to
the | ||||||
11 | Department by taxpayers having an average monthly tax liability | ||||||
12 | of
$10,000 or more as determined in the manner provided above
| ||||||
13 | shall continue
until such taxpayer's average monthly liability | ||||||
14 | to the Department during
the preceding 4 complete calendar | ||||||
15 | quarters (excluding the month of highest
liability and the | ||||||
16 | month of lowest liability) is less than
$9,000, or until
such | ||||||
17 | taxpayer's average monthly liability to the Department as | ||||||
18 | computed for
each calendar quarter of the 4 preceding complete | ||||||
19 | calendar quarter period
is less than $10,000. However, if a | ||||||
20 | taxpayer can show the
Department that
a substantial change in | ||||||
21 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
22 | to anticipate that his average monthly tax liability for the
| ||||||
23 | reasonably foreseeable future will fall below the $10,000 | ||||||
24 | threshold
stated above, then
such taxpayer
may petition the | ||||||
25 | Department for a change in such taxpayer's reporting
status. On | ||||||
26 | and after October 1, 2000, once applicable, the requirement of
|
| |||||||
| |||||||
1 | the making of quarter monthly payments to the Department by | ||||||
2 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
3 | more as determined in the manner
provided above shall continue | ||||||
4 | until such taxpayer's average monthly liability
to the | ||||||
5 | Department during the preceding 4 complete calendar quarters | ||||||
6 | (excluding
the month of highest liability and the month of | ||||||
7 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
8 | average monthly liability to the Department as
computed for | ||||||
9 | each calendar quarter of the 4 preceding complete calendar | ||||||
10 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
11 | show the Department
that a substantial change in the taxpayer's | ||||||
12 | business has occurred which causes
the taxpayer to anticipate | ||||||
13 | that his average monthly tax liability for the
reasonably | ||||||
14 | foreseeable future will fall below the $20,000 threshold stated
| ||||||
15 | above, then such taxpayer may petition the Department for a | ||||||
16 | change in such
taxpayer's reporting status. The Department | ||||||
17 | shall change such taxpayer's
reporting status
unless it finds | ||||||
18 | that such change is seasonal in nature and not likely to be
| ||||||
19 | long term. If any such quarter monthly payment is not paid at | ||||||
20 | the time or
in the amount required by this Section, then the | ||||||
21 | taxpayer shall be liable for
penalties and interest on the | ||||||
22 | difference
between the minimum amount due as a payment and the | ||||||
23 | amount of such quarter
monthly payment actually and timely | ||||||
24 | paid, except insofar as the
taxpayer has previously made | ||||||
25 | payments for that month to the Department in
excess of the | ||||||
26 | minimum payments previously due as provided in this Section.
|
| |||||||
| |||||||
1 | The Department shall make reasonable rules and regulations to | ||||||
2 | govern the
quarter monthly payment amount and quarter monthly | ||||||
3 | payment dates for
taxpayers who file on other than a calendar | ||||||
4 | monthly basis.
| ||||||
5 | The provisions of this paragraph apply before October 1, | ||||||
6 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
7 | quarter monthly
payments as specified above, any taxpayer who | ||||||
8 | is required by Section 2d
of this Act to collect and remit | ||||||
9 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
10 | excess of $25,000 per month during the preceding
2 complete | ||||||
11 | calendar quarters, shall file a return with the Department as
| ||||||
12 | required by Section 2f and shall make payments to the | ||||||
13 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
14 | month during which such liability
is incurred. If the month | ||||||
15 | during which such tax liability is incurred
began prior to the | ||||||
16 | effective date of this amendatory Act of 1985, each
payment | ||||||
17 | shall be in an amount not less than 22.5% of the taxpayer's | ||||||
18 | actual
liability under Section 2d. If the month during which | ||||||
19 | such tax liability
is incurred begins on or after January 1, | ||||||
20 | 1986, each payment shall be in an
amount equal to 22.5% of the | ||||||
21 | taxpayer's actual liability for the month or
27.5% of the | ||||||
22 | taxpayer's liability for the same calendar month of the
| ||||||
23 | preceding calendar year. If the month during which such tax | ||||||
24 | liability is
incurred begins on or after January 1, 1987, each | ||||||
25 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
26 | actual liability for the month or
26.25% of the taxpayer's |
| |||||||
| |||||||
1 | liability for the same calendar month of the
preceding year. | ||||||
2 | The amount of such quarter monthly payments shall be
credited | ||||||
3 | against the final tax liability of the taxpayer's return for | ||||||
4 | that
month filed under this Section or Section 2f, as the case | ||||||
5 | may be. Once
applicable, the requirement of the making of | ||||||
6 | quarter monthly payments to
the Department pursuant to this | ||||||
7 | paragraph shall continue until such
taxpayer's average monthly | ||||||
8 | prepaid tax collections during the preceding 2
complete | ||||||
9 | calendar quarters is $25,000 or less. If any such quarter | ||||||
10 | monthly
payment is not paid at the time or in the amount | ||||||
11 | required, the taxpayer
shall be liable for penalties and | ||||||
12 | interest on such difference, except
insofar as the taxpayer has | ||||||
13 | previously made payments for that month in
excess of the | ||||||
14 | minimum payments previously due.
| ||||||
15 | The provisions of this paragraph apply on and after October | ||||||
16 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
17 | make quarter monthly
payments as specified above, any taxpayer | ||||||
18 | who is required by Section 2d of this
Act to collect and remit | ||||||
19 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
20 | excess of $20,000 per month during the preceding 4 complete | ||||||
21 | calendar
quarters shall file a return with the Department as | ||||||
22 | required by Section 2f
and shall make payments to the | ||||||
23 | Department on or before the 7th, 15th, 22nd and
last day of the | ||||||
24 | month during which the liability is incurred. Each payment
| ||||||
25 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
26 | liability for the
month or 25% of the taxpayer's liability for |
| |||||||
| |||||||
1 | the same calendar month of the
preceding year. The amount of | ||||||
2 | the quarter monthly payments shall be credited
against the | ||||||
3 | final tax liability of the taxpayer's return for that month | ||||||
4 | filed
under this Section or Section 2f, as the case may be. | ||||||
5 | Once applicable, the
requirement of the making of quarter | ||||||
6 | monthly payments to the Department
pursuant to this paragraph | ||||||
7 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
8 | collections during the preceding 4 complete calendar quarters
| ||||||
9 | (excluding the month of highest liability and the month of | ||||||
10 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
11 | average monthly liability to the
Department as computed for | ||||||
12 | each calendar quarter of the 4 preceding complete
calendar | ||||||
13 | quarters is less than $20,000. If any such quarter monthly | ||||||
14 | payment is
not paid at the time or in the amount required, the | ||||||
15 | taxpayer shall be liable
for penalties and interest on such | ||||||
16 | difference, except insofar as the taxpayer
has previously made | ||||||
17 | payments for that month in excess of the minimum payments
| ||||||
18 | previously due.
| ||||||
19 | If any payment provided for in this Section exceeds
the | ||||||
20 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
21 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
22 | shown on an original
monthly return, the Department shall, if | ||||||
23 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
24 | memorandum no later than 30 days after the date of
payment. The | ||||||
25 | credit evidenced by such credit memorandum may
be assigned by | ||||||
26 | the taxpayer to a similar taxpayer under this Act, the
Use Tax |
| |||||||
| |||||||
1 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
2 | in
accordance with reasonable rules and regulations to be | ||||||
3 | prescribed by the
Department. If no such request is made, the | ||||||
4 | taxpayer may credit such excess
payment against tax liability | ||||||
5 | subsequently to be remitted to the Department
under this Act, | ||||||
6 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
7 | Use Tax Act, in accordance with reasonable rules and | ||||||
8 | regulations
prescribed by the Department. If the Department | ||||||
9 | subsequently determined
that all or any part of the credit | ||||||
10 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
11 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
12 | of the difference between the credit taken and that
actually | ||||||
13 | due, and that taxpayer shall be liable for penalties and | ||||||
14 | interest
on such difference.
| ||||||
15 | If a retailer of motor fuel is entitled to a credit under | ||||||
16 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
17 | to the Department under
this Act for the month which the | ||||||
18 | taxpayer is filing a return, the
Department shall issue the | ||||||
19 | taxpayer a credit memorandum for the excess.
| ||||||
20 | Beginning January 1, 1990, each month the Department shall | ||||||
21 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
22 | State treasury which
is hereby created, the net revenue | ||||||
23 | realized for the preceding month from
the 1% tax on sales of | ||||||
24 | food for human consumption which is to be consumed
off the | ||||||
25 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
26 | drinks and food which has been prepared for immediate |
| |||||||
| |||||||
1 | consumption) and
prescription and nonprescription medicines, | ||||||
2 | drugs, medical appliances and
insulin, urine testing | ||||||
3 | materials, syringes and needles used by diabetics.
| ||||||
4 | Beginning January 1, 1990, each month the Department shall | ||||||
5 | pay into
the County and Mass Transit District Fund, a special | ||||||
6 | fund in the State
treasury which is hereby created, 4% of the | ||||||
7 | net revenue realized
for the preceding month from the 6.25% | ||||||
8 | general rate.
| ||||||
9 | Beginning August 1, 2000, each
month the Department shall | ||||||
10 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
11 | net revenue realized for the
preceding month from the 1.25% | ||||||
12 | rate on the selling price of motor fuel and
gasohol.
| ||||||
13 | Beginning January 1, 1990, each month the Department shall | ||||||
14 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
15 | realized for the
preceding month from the 6.25% general rate on | ||||||
16 | the selling price of
tangible personal property.
| ||||||
17 | Beginning August 1, 2000, each
month the Department shall | ||||||
18 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
19 | realized for the preceding
month from the 1.25% rate on the | ||||||
20 | selling price of motor fuel and gasohol.
| ||||||
21 | Of the remainder of the moneys received by the Department | ||||||
22 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
23 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
24 | and after July 1, 1989,
3.8% thereof shall be paid into the | ||||||
25 | Build Illinois Fund; provided, however,
that if in any fiscal | ||||||
26 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | may be, of the moneys received by the Department and required | |||||||||||||||||||||||||||||||||||||
2 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||||||||||||||||||||||||||||||
3 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||||||||||||||||||||||||||||||
4 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||||||||||||||||||||||||||||||
5 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||||||||||||||||||||||||||||||
6 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||||||||||||||||||||||||||||||
7 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||||||||||||||||||||||||||
8 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||||||||||||||||||||||||||||||
9 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||||||||||||||||||||||||||||||
10 | hereinafter
defined), an amount equal to the difference shall | |||||||||||||||||||||||||||||||||||||
11 | be immediately paid into
the Build Illinois Fund from other | |||||||||||||||||||||||||||||||||||||
12 | moneys received by the Department
pursuant to the Tax Acts; the | |||||||||||||||||||||||||||||||||||||
13 | "Annual Specified Amount" means the amounts
specified below for | |||||||||||||||||||||||||||||||||||||
14 | fiscal years 1986 through 1993:
| |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
24 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||||||||||||||
25 | defined in
Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||||||||||||||
26 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and |
| |||||||
| |||||||
1 | each fiscal year thereafter; and
further provided, that if on | ||||||
2 | the last business day of any month the sum of
(1) the Tax Act | ||||||
3 | Amount required to be deposited into the Build Illinois
Bond | ||||||
4 | Account in the Build Illinois Fund during such month and (2) | ||||||
5 | the
amount transferred to the Build Illinois Fund from the | ||||||
6 | State and Local
Sales Tax Reform Fund shall have been less than | ||||||
7 | 1/12 of the Annual
Specified Amount, an amount equal to the | ||||||
8 | difference shall be immediately
paid into the Build Illinois | ||||||
9 | Fund from other moneys received by the
Department pursuant to | ||||||
10 | the Tax Acts; and, further provided, that in no
event shall the | ||||||
11 | payments required under the preceding proviso result in
| ||||||
12 | aggregate payments into the Build Illinois Fund pursuant to | ||||||
13 | this clause (b)
for any fiscal year in excess of the greater of | ||||||
14 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||||||
15 | such fiscal year. The amounts payable
into the Build Illinois | ||||||
16 | Fund under clause (b) of the first sentence in this
paragraph | ||||||
17 | shall be payable only until such time as the aggregate amount | ||||||
18 | on
deposit under each trust indenture securing Bonds issued and | ||||||
19 | outstanding
pursuant to the Build Illinois Bond Act is | ||||||
20 | sufficient, taking into account
any future investment income, | ||||||
21 | to fully provide, in accordance with such
indenture, for the | ||||||
22 | defeasance of or the payment of the principal of,
premium, if | ||||||
23 | any, and interest on the Bonds secured by such indenture and on
| ||||||
24 | any Bonds expected to be issued thereafter and all fees and | ||||||
25 | costs payable
with respect thereto, all as certified by the | ||||||
26 | Director of the Bureau of the
Budget (now Governor's Office of |
| |||||||
| |||||||
1 | Management and Budget). If on the last
business day of any | ||||||
2 | month in which Bonds are
outstanding pursuant to the Build | ||||||
3 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
4 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
5 | month shall be less than the amount required to be transferred
| ||||||
6 | in such month from the Build Illinois Bond Account to the Build | ||||||
7 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
8 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
9 | deficiency shall be immediately
paid from other moneys received | ||||||
10 | by the Department pursuant to the Tax Acts
to the Build | ||||||
11 | Illinois Fund; provided, however, that any amounts paid to the
| ||||||
12 | Build Illinois Fund in any fiscal year pursuant to this | ||||||
13 | sentence shall be
deemed to constitute payments pursuant to | ||||||
14 | clause (b) of the first sentence
of this paragraph and shall | ||||||
15 | reduce the amount otherwise payable for such
fiscal year | ||||||
16 | pursuant to that clause (b). The moneys received by the
| ||||||
17 | Department pursuant to this Act and required to be deposited | ||||||
18 | into the Build
Illinois Fund are subject to the pledge, claim | ||||||
19 | and charge set forth in
Section 12 of the Build Illinois Bond | ||||||
20 | Act.
| ||||||
21 | Subject to payment of amounts into the Build Illinois Fund | ||||||
22 | as provided in
the preceding paragraph or in any amendment | ||||||
23 | thereto hereafter enacted, the
following specified monthly | ||||||
24 | installment of the amount requested in the
certificate of the | ||||||
25 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||
26 | provided under Section 8.25f of the State Finance Act, but not |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | in
excess of sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | deposited in the
aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | 9 of the Service Occupation Tax Act, and
Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Expansion Project Fund in the specified fiscal years.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | the
State Treasurer in the respective month under subsection |
| |||||||
| |||||||
1 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||
2 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||
3 | required under this Section for previous
months and years, | ||||||
4 | shall be deposited into the McCormick Place Expansion
Project | ||||||
5 | Fund, until the full amount requested for the fiscal year, but | ||||||
6 | not
in excess of the amount specified above as "Total Deposit", | ||||||
7 | has been deposited.
| ||||||
8 | Subject to payment of amounts into the Build Illinois Fund | ||||||
9 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
10 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||
11 | enacted, beginning July 1, 1993, the Department shall each
| ||||||
12 | month pay into the Illinois Tax Increment Fund 0.27% of 80% of | ||||||
13 | the net revenue
realized for the preceding month from the 6.25% | ||||||
14 | general rate on the selling
price of tangible personal | ||||||
15 | property.
| ||||||
16 | Subject to payment of amounts into the Build Illinois Fund | ||||||
17 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
18 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
19 | enacted, beginning with the receipt of the first
report of | ||||||
20 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
21 | period, the Department shall each month pay into the Energy | ||||||
22 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
23 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
24 | that was sold to an eligible business.
For purposes of this | ||||||
25 | paragraph, the term "eligible business" means a new
electric | ||||||
26 | generating facility certified pursuant to Section 605-332 of |
| |||||||
| |||||||
1 | the
Department of Commerce and Economic Opportunity
Law of the | ||||||
2 | Civil Administrative Code of Illinois.
| ||||||
3 | Subject to payments of amounts into the Build Illinois Fund | ||||||
4 | and the McCormick Place Expansion Project Fund as provided in | ||||||
5 | this Section, beginning on July 1, 2009 the Department shall | ||||||
6 | pay each month into the Downstate Public Transportation Fund | ||||||
7 | the moneys required to be so paid under Section 2-3 of the | ||||||
8 | Downstate Public Transportation Act. | ||||||
9 | Of the remainder of the moneys received by the Department | ||||||
10 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
11 | Treasury and 25% shall
be reserved in a special account and | ||||||
12 | used only for the transfer to the
Common School Fund as part of | ||||||
13 | the monthly transfer from the General Revenue
Fund in | ||||||
14 | accordance with Section 8a of the State Finance Act.
| ||||||
15 | The Department may, upon separate written notice to a | ||||||
16 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
17 | Department on a form
prescribed by the Department within not | ||||||
18 | less than 60 days after receipt
of the notice an annual | ||||||
19 | information return for the tax year specified in
the notice. | ||||||
20 | Such annual return to the Department shall include a
statement | ||||||
21 | of gross receipts as shown by the retailer's last Federal | ||||||
22 | income
tax return. If the total receipts of the business as | ||||||
23 | reported in the
Federal income tax return do not agree with the | ||||||
24 | gross receipts reported to
the Department of Revenue for the | ||||||
25 | same period, the retailer shall attach
to his annual return a | ||||||
26 | schedule showing a reconciliation of the 2
amounts and the |
| |||||||
| |||||||
1 | reasons for the difference. The retailer's annual
return to the | ||||||
2 | Department shall also disclose the cost of goods sold by
the | ||||||
3 | retailer during the year covered by such return, opening and | ||||||
4 | closing
inventories of such goods for such year, costs of goods | ||||||
5 | used from stock
or taken from stock and given away by the | ||||||
6 | retailer during such year,
payroll information of the | ||||||
7 | retailer's business during such year and any
additional | ||||||
8 | reasonable information which the Department deems would be
| ||||||
9 | helpful in determining the accuracy of the monthly, quarterly | ||||||
10 | or annual
returns filed by such retailer as provided for in | ||||||
11 | this Section.
| ||||||
12 | If the annual information return required by this Section | ||||||
13 | is not
filed when and as required, the taxpayer shall be liable | ||||||
14 | as follows:
| ||||||
15 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
16 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
17 | taxpayer under
this Act during the period to be covered by | ||||||
18 | the annual return for each
month or fraction of a month | ||||||
19 | until such return is filed as required, the
penalty to be | ||||||
20 | assessed and collected in the same manner as any other
| ||||||
21 | penalty provided for in this Act.
| ||||||
22 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
23 | be
liable for a penalty as described in Section 3-4 of the | ||||||
24 | Uniform Penalty and
Interest Act.
| ||||||
25 | The chief executive officer, proprietor, owner or highest | ||||||
26 | ranking
manager shall sign the annual return to certify the |
| |||||||
| |||||||
1 | accuracy of the
information contained therein. Any person who | ||||||
2 | willfully signs the
annual return containing false or | ||||||
3 | inaccurate information shall be guilty
of perjury and punished | ||||||
4 | accordingly. The annual return form prescribed
by the | ||||||
5 | Department shall include a warning that the person signing the
| ||||||
6 | return may be liable for perjury.
| ||||||
7 | The provisions of this Section concerning the filing of an | ||||||
8 | annual
information return do not apply to a retailer who is not | ||||||
9 | required to
file an income tax return with the United States | ||||||
10 | Government.
| ||||||
11 | As soon as possible after the first day of each month, upon | ||||||
12 | certification
of the Department of Revenue, the Comptroller | ||||||
13 | shall order transferred and
the Treasurer shall transfer from | ||||||
14 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
15 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
16 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
17 | transfer is no longer required
and shall not be made.
| ||||||
18 | Net revenue realized for a month shall be the revenue | ||||||
19 | collected by the
State pursuant to this Act, less the amount | ||||||
20 | paid out during that month as
refunds to taxpayers for | ||||||
21 | overpayment of liability.
| ||||||
22 | For greater simplicity of administration, manufacturers, | ||||||
23 | importers
and wholesalers whose products are sold at retail in | ||||||
24 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
25 | assume the responsibility
for accounting and paying to the | ||||||
26 | Department all tax accruing under this
Act with respect to such |
| |||||||
| |||||||
1 | sales, if the retailers who are affected do not
make written | ||||||
2 | objection to the Department to this arrangement.
| ||||||
3 | Any person who promotes, organizes, provides retail | ||||||
4 | selling space for
concessionaires or other types of sellers at | ||||||
5 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
6 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
7 | events, including any transient merchant as defined by Section | ||||||
8 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
9 | report with the
Department providing the name of the merchant's | ||||||
10 | business, the name of the
person or persons engaged in | ||||||
11 | merchant's business, the permanent address and
Illinois | ||||||
12 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
13 | the
dates and location of the event and other reasonable | ||||||
14 | information that the
Department may require. The report must be | ||||||
15 | filed not later than the 20th day
of the month next following | ||||||
16 | the month during which the event with retail sales
was held. | ||||||
17 | Any person who fails to file a report required by this Section
| ||||||
18 | commits a business offense and is subject to a fine not to | ||||||
19 | exceed $250.
| ||||||
20 | Any person engaged in the business of selling tangible | ||||||
21 | personal
property at retail as a concessionaire or other type | ||||||
22 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
23 | flea markets and similar
exhibitions or events, or any | ||||||
24 | transient merchants, as defined by Section 2
of the Transient | ||||||
25 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
26 | the amount of such sales to the Department and to make a daily |
| |||||||
| |||||||
1 | payment of
the full amount of tax due. The Department shall | ||||||
2 | impose this
requirement when it finds that there is a | ||||||
3 | significant risk of loss of
revenue to the State at such an | ||||||
4 | exhibition or event. Such a finding
shall be based on evidence | ||||||
5 | that a substantial number of concessionaires
or other sellers | ||||||
6 | who are not residents of Illinois will be engaging in
the | ||||||
7 | business of selling tangible personal property at retail at the
| ||||||
8 | exhibition or event, or other evidence of a significant risk of | ||||||
9 | loss of revenue
to the State. The Department shall notify | ||||||
10 | concessionaires and other sellers
affected by the imposition of | ||||||
11 | this requirement. In the absence of
notification by the | ||||||
12 | Department, the concessionaires and other sellers
shall file | ||||||
13 | their returns as otherwise required in this Section.
| ||||||
14 | (Source: P.A. 94-1074, eff. 12-26-06; 95-331, eff. 8-21-07.)
| ||||||
15 | Section 99. Effective date. This Act takes effect July 1, | ||||||
16 | 2009.
|