|
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1768 Introduced 2/9/2011, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: |
|
35 ILCS 105/3-55 | from Ch. 120, par. 439.3-55 |
35 ILCS 110/3-45 | from Ch. 120, par. 439.33-45 |
35 ILCS 115/3-5 | |
35 ILCS 120/2-5 | |
|
Amends the Use, Service Use, Service Occupation, and Retailers' Occupation Tax Acts. Extends the exemption for centralized purchasing activities from June 30, 2011 to June 30, 2016. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | SB1768 | | LRB097 07937 HLH 48054 b |
|
|
1 | | AN ACT concerning revenue.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Use Tax Act is amended by changing Section |
5 | | 3-55 as follows:
|
6 | | (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
|
7 | | Sec. 3-55. Multistate exemption. To prevent actual or |
8 | | likely multistate taxation, the tax imposed by this
Act
does |
9 | | not apply to the use of
tangible personal property in this |
10 | | State under the following circumstances:
|
11 | | (a) The use, in this State, of tangible personal property |
12 | | acquired
outside this State by a nonresident individual and |
13 | | brought into this
State by the individual for his or her own |
14 | | use while temporarily within
this State or while passing |
15 | | through this State.
|
16 | | (b) The use, in this State, of tangible personal
property |
17 | | by an
interstate carrier for hire as rolling stock moving in |
18 | | interstate
commerce or by lessors under a lease of one year or |
19 | | longer executed or
in effect at the time of purchase of |
20 | | tangible personal property by
interstate carriers for-hire for |
21 | | use as rolling stock moving in interstate
commerce as long as |
22 | | so used by the interstate carriers for-hire, and equipment
|
23 | | operated by a telecommunications provider, licensed as a common |
|
| | SB1768 | - 2 - | LRB097 07937 HLH 48054 b |
|
|
1 | | carrier by the
Federal Communications Commission, which is |
2 | | permanently installed in or affixed
to aircraft moving in |
3 | | interstate commerce.
|
4 | | (c) The use, in this State, by owners, lessors,
or
shippers
|
5 | | of tangible personal property that is utilized by interstate |
6 | | carriers
for hire for use as rolling stock moving in interstate |
7 | | commerce as
long as so used by the interstate carriers for |
8 | | hire, and equipment
operated by a telecommunications provider, |
9 | | licensed as a common carrier by the
Federal Communications |
10 | | Commission, which is permanently installed in or affixed
to |
11 | | aircraft moving in interstate commerce.
|
12 | | (d) The use, in this State, of tangible personal property |
13 | | that is
acquired outside this State and caused to be brought |
14 | | into this State by
a person who has already paid a tax in |
15 | | another State in respect to the
sale, purchase, or use of that |
16 | | property, to the extent of the amount of
the tax properly due |
17 | | and paid in the other State.
|
18 | | (e) The temporary storage, in this State, of tangible |
19 | | personal
property that is acquired outside this State and that, |
20 | | after
being brought into this State and stored here |
21 | | temporarily, is used
solely outside this State or is physically |
22 | | attached to or incorporated
into other tangible personal |
23 | | property that is used solely outside this
State, or is altered |
24 | | by converting, fabricating, manufacturing, printing,
|
25 | | processing, or shaping, and, as altered, is used solely outside |
26 | | this State.
|
|
| | SB1768 | - 3 - | LRB097 07937 HLH 48054 b |
|
|
1 | | (f) The temporary storage in this State of building |
2 | | materials and
fixtures that are acquired either in this State |
3 | | or outside this State
by an Illinois registered combination |
4 | | retailer and construction contractor, and
that the purchaser |
5 | | thereafter uses outside this State by incorporating that
|
6 | | property into real estate located outside this State.
|
7 | | (g) The use or purchase of tangible personal property by a |
8 | | common carrier
by rail or motor that receives the physical |
9 | | possession of the property in
Illinois, and
that transports the |
10 | | property, or shares with another common carrier in the
|
11 | | transportation of the property, out of Illinois on a standard |
12 | | uniform bill of
lading showing the seller of the property as |
13 | | the shipper or consignor of the
property to a destination |
14 | | outside Illinois, for use outside Illinois.
|
15 | | (h) Except as provided in subsection (h-1), the use, in |
16 | | this State, of a motor vehicle that was sold in
this State to a |
17 | | nonresident, even though the motor vehicle is
delivered to the |
18 | | nonresident in this State, if the motor vehicle
is not to be |
19 | | titled in this State, and if a
drive-away permit is issued to |
20 | | the motor vehicle as
provided in Section 3-603 of the Illinois |
21 | | Vehicle Code or if the
nonresident purchaser has vehicle |
22 | | registration plates to transfer
to the motor vehicle upon |
23 | | returning to his or her home state.
The issuance of the |
24 | | drive-away permit or having the
out-of-state
registration |
25 | | plates to be transferred shall be prima facie evidence
that the |
26 | | motor vehicle will not be titled in this State.
|
|
| | SB1768 | - 4 - | LRB097 07937 HLH 48054 b |
|
|
1 | | (h-1) The exemption under subsection (h) does not apply if |
2 | | the state in which the motor vehicle will be titled does not |
3 | | allow a reciprocal exemption for the use in that state of a |
4 | | motor vehicle sold and delivered in that state to an Illinois |
5 | | resident but titled in Illinois. The tax collected under this |
6 | | Act on the sale of a motor vehicle in this State to a resident |
7 | | of another state that does not allow a reciprocal exemption |
8 | | shall be imposed at a rate equal to the state's rate of tax on |
9 | | taxable property in the state in which the purchaser is a |
10 | | resident, except that the tax shall not exceed the tax that |
11 | | would otherwise be imposed under this Act. At the time of the |
12 | | sale, the purchaser shall execute a statement, signed under |
13 | | penalty of perjury, of his or her intent to title the vehicle |
14 | | in the state in which the purchaser is a resident within 30 |
15 | | days after the sale and of the fact of the payment to the State |
16 | | of Illinois of tax in an amount equivalent to the state's rate |
17 | | of tax on taxable property in his or her state of residence and |
18 | | shall submit the statement to the appropriate tax collection |
19 | | agency in his or her state of residence. In addition, the |
20 | | retailer must retain a signed copy of the statement in his or |
21 | | her records. Nothing in this subsection shall be construed to |
22 | | require the removal of the vehicle from this state following |
23 | | the filing of an intent to title the vehicle in the purchaser's |
24 | | state of residence if the purchaser titles the vehicle in his |
25 | | or her state of residence within 30 days after the date of |
26 | | sale. The tax collected under this Act in accordance with this |
|
| | SB1768 | - 5 - | LRB097 07937 HLH 48054 b |
|
|
1 | | subsection (h-1) shall be proportionately distributed as if the |
2 | | tax were collected at the 6.25% general rate imposed under this |
3 | | Act.
|
4 | | (h-2) The following exemptions apply with respect to |
5 | | certain aircraft: |
6 | | (1) Beginning on July 1, 2007, no tax is imposed under |
7 | | this Act on the purchase of an aircraft, as defined in |
8 | | Section 3 of the Illinois Aeronautics Act, if all of the |
9 | | following conditions are met: |
10 | | (A) the aircraft leaves this State within 15 days |
11 | | after the later of either the issuance of the final |
12 | | billing for the purchase of the aircraft or the |
13 | | authorized approval for return to service, completion |
14 | | of the maintenance record entry, and completion of the |
15 | | test flight and ground test for inspection, as required |
16 | | by 14 C.F.R. 91.407; |
17 | | (B) the aircraft is not based or registered in this |
18 | | State after the purchase of the aircraft; and |
19 | | (C) the purchaser provides the Department with a |
20 | | signed and dated certification, on a form prescribed by |
21 | | the Department, certifying that the requirements of |
22 | | this item (1) are met. The certificate must also |
23 | | include the name and address of the purchaser, the |
24 | | address of the location where the aircraft is to be |
25 | | titled or registered, the address of the primary |
26 | | physical location of the aircraft, and other |
|
| | SB1768 | - 6 - | LRB097 07937 HLH 48054 b |
|
|
1 | | information that the Department may reasonably |
2 | | require. |
3 | | (2) Beginning on July 1, 2007, no tax is imposed under |
4 | | this Act on the use of an aircraft, as defined in Section 3 |
5 | | of the Illinois Aeronautics Act, that is temporarily |
6 | | located in this State for the purpose of a prepurchase |
7 | | evaluation if all of the following conditions are met: |
8 | | (A) the aircraft is not based or registered in this |
9 | | State after the prepurchase evaluation; and |
10 | | (B) the purchaser provides the Department with a |
11 | | signed and dated certification, on a form prescribed by |
12 | | the Department, certifying that the requirements of |
13 | | this item (2) are met. The certificate must also |
14 | | include the name and address of the purchaser, the |
15 | | address of the location where the aircraft is to be |
16 | | titled or registered, the address of the primary |
17 | | physical location of the aircraft, and other |
18 | | information that the Department may reasonably |
19 | | require. |
20 | | (3) Beginning on July 1, 2007, no tax is imposed under |
21 | | this Act on the use of an aircraft, as defined in Section 3 |
22 | | of the Illinois Aeronautics Act, that is temporarily |
23 | | located in this State for the purpose of a post-sale |
24 | | customization if all of the following conditions are met: |
25 | | (A) the aircraft leaves this State within 15 days |
26 | | after the authorized approval for return to service, |
|
| | SB1768 | - 7 - | LRB097 07937 HLH 48054 b |
|
|
1 | | completion of the maintenance record entry, and |
2 | | completion of the test flight and ground test for |
3 | | inspection, as required by 14 C.F.R. 91.407; |
4 | | (B) the aircraft is not based or registered in this |
5 | | State either before or after the post-sale |
6 | | customization; and |
7 | | (C) the purchaser provides the Department with a |
8 | | signed and dated certification, on a form prescribed by |
9 | | the Department, certifying that the requirements of |
10 | | this item (3) are met. The certificate must also |
11 | | include the name and address of the purchaser, the |
12 | | address of the location where the aircraft is to be |
13 | | titled or registered, the address of the primary |
14 | | physical location of the aircraft, and other |
15 | | information that the Department may reasonably |
16 | | require. |
17 | | If tax becomes due under this subsection (h-2) because of |
18 | | the purchaser's use of the aircraft in this State, the |
19 | | purchaser shall file a return with the Department and pay the |
20 | | tax on the fair market value of the aircraft. This return and |
21 | | payment of the tax must be made no later than 30 days after the |
22 | | aircraft is used in a taxable manner in this State. The tax is |
23 | | based on the fair market value of the aircraft on the date that |
24 | | it is first used in a taxable manner in this State. |
25 | | For purposes of this subsection (h-2): |
26 | | "Based in this State" means hangared, stored, or otherwise |
|
| | SB1768 | - 8 - | LRB097 07937 HLH 48054 b |
|
|
1 | | used, excluding post-sale customizations as defined in this |
2 | | Section, for 10 or more days in each 12-month period |
3 | | immediately following the date of the sale of the aircraft. |
4 | | "Post-sale customization" means any improvement, |
5 | | maintenance, or repair that is performed on an aircraft |
6 | | following a transfer of ownership of the aircraft. |
7 | | "Prepurchase evaluation" means an examination of an |
8 | | aircraft to provide a potential purchaser with information |
9 | | relevant to the potential purchase. |
10 | | "Registered in this State" means an aircraft registered |
11 | | with the Department of Transportation, Aeronautics Division, |
12 | | or titled or registered with the Federal Aviation |
13 | | Administration to an address located in this State.
|
14 | | This subsection (h-2) is exempt from the provisions of |
15 | | Section 3-90.
|
16 | | (i) Beginning July 1, 1999, the use, in this State, of fuel |
17 | | acquired
outside this State and brought into this State in the |
18 | | fuel supply
tanks of locomotives engaged in freight hauling and |
19 | | passenger service for
interstate commerce. This subsection is |
20 | | exempt from the provisions of Section
3-90.
|
21 | | (j) Beginning on January 1, 2002 and through June 30, 2016 |
22 | | 2011 , the use of tangible personal property
purchased from an |
23 | | Illinois retailer by a taxpayer engaged in centralized
|
24 | | purchasing activities in Illinois who will, upon receipt of the |
25 | | property in
Illinois, temporarily store the property in |
26 | | Illinois (i) for the purpose of
subsequently transporting it |
|
| | SB1768 | - 9 - | LRB097 07937 HLH 48054 b |
|
|
1 | | outside this State for use or consumption
thereafter solely |
2 | | outside this State or (ii) for the purpose of being
processed, |
3 | | fabricated, or manufactured into, attached to, or incorporated |
4 | | into
other tangible personal property to be transported outside |
5 | | this State and
thereafter used or consumed solely outside this |
6 | | State. The Director of Revenue
shall, pursuant to rules adopted |
7 | | in accordance with the Illinois Administrative
Procedure Act, |
8 | | issue a permit to any taxpayer in good standing with the
|
9 | | Department who is eligible for the exemption under this |
10 | | subsection (j). The
permit issued under this subsection (j) |
11 | | shall authorize the holder, to the
extent and in the manner |
12 | | specified in the rules adopted under this Act, to
purchase |
13 | | tangible personal property from a retailer exempt from the |
14 | | taxes
imposed by this Act. Taxpayers shall maintain all |
15 | | necessary books and records
to substantiate the use and |
16 | | consumption of all such tangible personal property
outside of |
17 | | the State of Illinois.
|
18 | | (Source: P.A. 94-1002, eff. 7-3-06; 95-304, eff. 8-20-07.)
|
19 | | Section 10. The Service Use Tax Act is amended by changing |
20 | | Section 3-45 as follows:
|
21 | | (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
|
22 | | Sec. 3-45. Multistate exemption. To prevent actual or |
23 | | likely multistate
taxation, the tax imposed by this Act does |
24 | | not apply
to the use of tangible personal property in this |
|
| | SB1768 | - 10 - | LRB097 07937 HLH 48054 b |
|
|
1 | | State under the following
circumstances:
|
2 | | (a) The use, in this State, of property acquired outside |
3 | | this State
by a nonresident individual and brought into this |
4 | | State by the
individual for his or her own use while |
5 | | temporarily within this State or
while passing through this |
6 | | State.
|
7 | | (b) The use, in this State, of property that is
acquired |
8 | | outside
this State and that is moved into this State for use as |
9 | | rolling stock
moving in interstate commerce.
|
10 | | (c) The use, in this State, of property that is acquired |
11 | | outside
this State and caused to be brought into this State by |
12 | | a person who has
already paid a tax in another state in respect |
13 | | to the sale, purchase, or
use of that property, to the extent |
14 | | of the amount of the tax properly
due and paid in the other |
15 | | state.
|
16 | | (d) The temporary storage, in this State, of property that |
17 | | is
acquired outside this State and that after being brought |
18 | | into
this State and stored here temporarily, is used solely |
19 | | outside this
State or is physically attached to or incorporated |
20 | | into other property
that is used solely outside this State, or |
21 | | is altered by converting,
fabricating, manufacturing, |
22 | | printing, processing, or shaping, and, as
altered, is used |
23 | | solely outside this State.
|
24 | | (e) Beginning July 1, 1999, the use, in this State, of fuel |
25 | | acquired
outside this State and brought into this State in the |
26 | | fuel supply
tanks of locomotives engaged in freight hauling and |
|
| | SB1768 | - 11 - | LRB097 07937 HLH 48054 b |
|
|
1 | | passenger service for
interstate commerce. This subsection is |
2 | | exempt from the provisions of Section
3-75.
|
3 | | (f) Beginning on January 1, 2002 and through June 30, 2016 |
4 | | 2011 , the use of tangible personal property
purchased from an |
5 | | Illinois retailer by a taxpayer engaged in centralized
|
6 | | purchasing activities in Illinois who will, upon receipt of the |
7 | | property in
Illinois, temporarily store the property in |
8 | | Illinois (i) for the purpose of
subsequently transporting it |
9 | | outside this State for use or consumption
thereafter solely |
10 | | outside this State or (ii) for the purpose of being
processed, |
11 | | fabricated, or manufactured into, attached to, or incorporated |
12 | | into
other tangible personal property to be transported outside |
13 | | this State and
thereafter used or consumed solely outside this |
14 | | State. The Director of Revenue
shall, pursuant to rules adopted |
15 | | in accordance with the Illinois Administrative
Procedure Act, |
16 | | issue a permit to any taxpayer in good standing with the
|
17 | | Department who is eligible for the exemption under this |
18 | | subsection (f). The
permit issued under this subsection (f) |
19 | | shall authorize the holder, to the
extent and in the manner |
20 | | specified in the rules adopted under this Act, to
purchase |
21 | | tangible personal property from a retailer exempt from the |
22 | | taxes
imposed by this Act. Taxpayers shall maintain all |
23 | | necessary books and records
to substantiate the use and |
24 | | consumption of all such tangible personal property
outside of |
25 | | the State of Illinois.
|
26 | | (Source: P.A. 93-23, eff. 6-20-03; 94-1002, eff. 7-3-06.)
|
|
| | SB1768 | - 12 - | LRB097 07937 HLH 48054 b |
|
|
1 | | Section 15. The Service Occupation Tax Act is amended by |
2 | | changing Section 3-5 as follows:
|
3 | | (35 ILCS 115/3-5)
|
4 | | Sec. 3-5. Exemptions. The following tangible personal |
5 | | property is
exempt from the tax imposed by this Act:
|
6 | | (1) Personal property sold by a corporation, society, |
7 | | association,
foundation, institution, or organization, other |
8 | | than a limited liability
company, that is organized and |
9 | | operated as a not-for-profit service enterprise
for the benefit |
10 | | of persons 65 years of age or older if the personal property
|
11 | | was not purchased by the enterprise for the purpose of resale |
12 | | by the
enterprise.
|
13 | | (2) Personal property purchased by a not-for-profit |
14 | | Illinois county fair
association for use in conducting, |
15 | | operating, or promoting the county fair.
|
16 | | (3) Personal property purchased by any not-for-profit
arts |
17 | | or cultural organization that establishes, by proof required by |
18 | | the
Department by
rule, that it has received an exemption under |
19 | | Section 501(c)(3) of the
Internal Revenue Code and that is |
20 | | organized and operated primarily for the
presentation
or |
21 | | support of arts or cultural programming, activities, or |
22 | | services. These
organizations include, but are not limited to, |
23 | | music and dramatic arts
organizations such as symphony |
24 | | orchestras and theatrical groups, arts and
cultural service |
|
| | SB1768 | - 13 - | LRB097 07937 HLH 48054 b |
|
|
1 | | organizations, local arts councils, visual arts organizations,
|
2 | | and media arts organizations.
On and after the effective date |
3 | | of this amendatory Act of the 92nd General
Assembly, however, |
4 | | an entity otherwise eligible for this exemption shall not
make |
5 | | tax-free purchases unless it has an active identification |
6 | | number issued by
the Department.
|
7 | | (4) Legal tender, currency, medallions, or gold or silver |
8 | | coinage
issued by the State of Illinois, the government of the |
9 | | United States of
America, or the government of any foreign |
10 | | country, and bullion.
|
11 | | (5) Until July 1, 2003 and beginning again on September 1, |
12 | | 2004 through August 30, 2014, graphic arts machinery and |
13 | | equipment, including
repair and
replacement parts, both new and |
14 | | used, and including that manufactured on
special order or |
15 | | purchased for lease, certified by the purchaser to be used
|
16 | | primarily for graphic arts production.
Equipment includes |
17 | | chemicals or chemicals acting as catalysts but only if
the
|
18 | | chemicals or chemicals acting as catalysts effect a direct and |
19 | | immediate change
upon a graphic arts product.
|
20 | | (6) Personal property sold by a teacher-sponsored student |
21 | | organization
affiliated with an elementary or secondary school |
22 | | located in Illinois.
|
23 | | (7) Farm machinery and equipment, both new and used, |
24 | | including that
manufactured on special order, certified by the |
25 | | purchaser to be used
primarily for production agriculture or |
26 | | State or federal agricultural
programs, including individual |
|
| | SB1768 | - 14 - | LRB097 07937 HLH 48054 b |
|
|
1 | | replacement parts for the machinery and
equipment, including |
2 | | machinery and equipment purchased for lease,
and including |
3 | | implements of husbandry defined in Section 1-130 of
the |
4 | | Illinois Vehicle Code, farm machinery and agricultural |
5 | | chemical and
fertilizer spreaders, and nurse wagons required to |
6 | | be registered
under Section 3-809 of the Illinois Vehicle Code,
|
7 | | but
excluding other motor vehicles required to be registered |
8 | | under the Illinois
Vehicle
Code.
Horticultural polyhouses or |
9 | | hoop houses used for propagating, growing, or
overwintering |
10 | | plants shall be considered farm machinery and equipment under
|
11 | | this item (7).
Agricultural chemical tender tanks and dry boxes |
12 | | shall include units sold
separately from a motor vehicle |
13 | | required to be licensed and units sold mounted
on a motor |
14 | | vehicle required to be licensed if the selling price of the |
15 | | tender
is separately stated.
|
16 | | Farm machinery and equipment shall include precision |
17 | | farming equipment
that is
installed or purchased to be |
18 | | installed on farm machinery and equipment
including, but not |
19 | | limited to, tractors, harvesters, sprayers, planters,
seeders, |
20 | | or spreaders.
Precision farming equipment includes, but is not |
21 | | limited to,
soil testing sensors, computers, monitors, |
22 | | software, global positioning
and mapping systems, and other |
23 | | such equipment.
|
24 | | Farm machinery and equipment also includes computers, |
25 | | sensors, software, and
related equipment used primarily in the
|
26 | | computer-assisted operation of production agriculture |
|
| | SB1768 | - 15 - | LRB097 07937 HLH 48054 b |
|
|
1 | | facilities, equipment,
and activities such as, but
not limited |
2 | | to,
the collection, monitoring, and correlation of
animal and |
3 | | crop data for the purpose of
formulating animal diets and |
4 | | agricultural chemicals. This item (7) is exempt
from the |
5 | | provisions of
Section 3-55.
|
6 | | (8) Fuel and petroleum products sold to or used by an air |
7 | | common
carrier, certified by the carrier to be used for |
8 | | consumption, shipment,
or storage in the conduct of its |
9 | | business as an air common carrier, for
a flight destined for or |
10 | | returning from a location or locations
outside the United |
11 | | States without regard to previous or subsequent domestic
|
12 | | stopovers.
|
13 | | (9) Proceeds of mandatory service charges separately
|
14 | | stated on customers' bills for the purchase and consumption of |
15 | | food and
beverages, to the extent that the proceeds of the |
16 | | service charge are in fact
turned over as tips or as a |
17 | | substitute for tips to the employees who
participate directly |
18 | | in preparing, serving, hosting or cleaning up the
food or |
19 | | beverage function with respect to which the service charge is |
20 | | imposed.
|
21 | | (10) Until July 1, 2003, oil field exploration, drilling, |
22 | | and production
equipment,
including (i) rigs and parts of rigs, |
23 | | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and |
24 | | tubular goods, including casing and
drill strings, (iii) pumps |
25 | | and pump-jack units, (iv) storage tanks and flow
lines, (v) any |
26 | | individual replacement part for oil field exploration,
|
|
| | SB1768 | - 16 - | LRB097 07937 HLH 48054 b |
|
|
1 | | drilling, and production equipment, and (vi) machinery and |
2 | | equipment purchased
for lease; but
excluding motor vehicles |
3 | | required to be registered under the Illinois
Vehicle Code.
|
4 | | (11) Photoprocessing machinery and equipment, including |
5 | | repair and
replacement parts, both new and used, including that |
6 | | manufactured on
special order, certified by the purchaser to be |
7 | | used primarily for
photoprocessing, and including |
8 | | photoprocessing machinery and equipment
purchased for lease.
|
9 | | (12) Until July 1, 2003, coal exploration, mining, |
10 | | offhighway hauling,
processing,
maintenance, and reclamation |
11 | | equipment, including
replacement parts and equipment, and |
12 | | including
equipment
purchased for lease, but excluding motor |
13 | | vehicles required to be registered
under the Illinois Vehicle |
14 | | Code.
|
15 | | (13) Beginning January 1, 1992 and through June 30, 2011, |
16 | | food for human consumption that is to be consumed off the |
17 | | premises
where it is sold (other than alcoholic beverages, soft |
18 | | drinks and food that
has been prepared for immediate |
19 | | consumption) and prescription and
non-prescription medicines, |
20 | | drugs, medical appliances, and insulin, urine
testing |
21 | | materials, syringes, and needles used by diabetics, for human |
22 | | use,
when purchased for use by a person receiving medical |
23 | | assistance under
Article V of the Illinois Public Aid Code who |
24 | | resides in a licensed
long-term care facility, as defined in |
25 | | the Nursing Home Care Act, or in a licensed facility as defined |
26 | | in the MR/DD Community Care Act.
|
|
| | SB1768 | - 17 - | LRB097 07937 HLH 48054 b |
|
|
1 | | (14) Semen used for artificial insemination of livestock |
2 | | for direct
agricultural production.
|
3 | | (15) Horses, or interests in horses, registered with and |
4 | | meeting the
requirements of any of the
Arabian Horse Club |
5 | | Registry of America, Appaloosa Horse Club, American Quarter
|
6 | | Horse Association, United States
Trotting Association, or |
7 | | Jockey Club, as appropriate, used for
purposes of breeding or |
8 | | racing for prizes. This item (15) is exempt from the provisions |
9 | | of Section 3-55, and the exemption provided for under this item |
10 | | (15) applies for all periods beginning May 30, 1995, but no |
11 | | claim for credit or refund is allowed on or after January 1, |
12 | | 2008 (the effective date of Public Act 95-88)
for such taxes |
13 | | paid during the period beginning May 30, 2000 and ending on |
14 | | January 1, 2008 (the effective date of Public Act 95-88).
|
15 | | (16) Computers and communications equipment utilized for |
16 | | any
hospital
purpose
and equipment used in the diagnosis,
|
17 | | analysis, or treatment of hospital patients sold to a lessor |
18 | | who leases the
equipment, under a lease of one year or longer |
19 | | executed or in effect at the
time of the purchase, to a
|
20 | | hospital
that has been issued an active tax exemption |
21 | | identification number by the
Department under Section 1g of the |
22 | | Retailers' Occupation Tax Act.
|
23 | | (17) Personal property sold to a lessor who leases the
|
24 | | property, under a
lease of one year or longer executed or in |
25 | | effect at the time of the purchase,
to a governmental body
that |
26 | | has been issued an active tax exemption identification number |
|
| | SB1768 | - 18 - | LRB097 07937 HLH 48054 b |
|
|
1 | | by the
Department under Section 1g of the Retailers' Occupation |
2 | | Tax Act.
|
3 | | (18) Beginning with taxable years ending on or after |
4 | | December
31, 1995
and
ending with taxable years ending on or |
5 | | before December 31, 2004,
personal property that is
donated for |
6 | | disaster relief to be used in a State or federally declared
|
7 | | disaster area in Illinois or bordering Illinois by a |
8 | | manufacturer or retailer
that is registered in this State to a |
9 | | corporation, society, association,
foundation, or institution |
10 | | that has been issued a sales tax exemption
identification |
11 | | number by the Department that assists victims of the disaster
|
12 | | who reside within the declared disaster area.
|
13 | | (19) Beginning with taxable years ending on or after |
14 | | December
31, 1995 and
ending with taxable years ending on or |
15 | | before December 31, 2004, personal
property that is used in the |
16 | | performance of infrastructure repairs in this
State, including |
17 | | but not limited to municipal roads and streets, access roads,
|
18 | | bridges, sidewalks, waste disposal systems, water and sewer |
19 | | line extensions,
water distribution and purification |
20 | | facilities, storm water drainage and
retention facilities, and |
21 | | sewage treatment facilities, resulting from a State
or |
22 | | federally declared disaster in Illinois or bordering Illinois |
23 | | when such
repairs are initiated on facilities located in the |
24 | | declared disaster area
within 6 months after the disaster.
|
25 | | (20) Beginning July 1, 1999, game or game birds sold at a |
26 | | "game breeding
and
hunting preserve area" or an "exotic game |
|
| | SB1768 | - 19 - | LRB097 07937 HLH 48054 b |
|
|
1 | | hunting area" as those terms are used
in the
Wildlife Code or |
2 | | at a hunting enclosure approved through rules adopted by the
|
3 | | Department of Natural Resources. This paragraph is exempt from |
4 | | the provisions
of
Section 3-55.
|
5 | | (21) A motor vehicle, as that term is defined in Section |
6 | | 1-146
of the
Illinois Vehicle Code, that is donated to a |
7 | | corporation, limited liability
company, society, association, |
8 | | foundation, or institution that is determined by
the Department |
9 | | to be organized and operated exclusively for educational
|
10 | | purposes. For purposes of this exemption, "a corporation, |
11 | | limited liability
company, society, association, foundation, |
12 | | or institution organized and
operated
exclusively for |
13 | | educational purposes" means all tax-supported public schools,
|
14 | | private schools that offer systematic instruction in useful |
15 | | branches of
learning by methods common to public schools and |
16 | | that compare favorably in
their scope and intensity with the |
17 | | course of study presented in tax-supported
schools, and |
18 | | vocational or technical schools or institutes organized and
|
19 | | operated exclusively to provide a course of study of not less |
20 | | than 6 weeks
duration and designed to prepare individuals to |
21 | | follow a trade or to pursue a
manual, technical, mechanical, |
22 | | industrial, business, or commercial
occupation.
|
23 | | (22) Beginning January 1, 2000, personal property, |
24 | | including
food,
purchased through fundraising
events for the |
25 | | benefit of
a public or private elementary or
secondary school, |
26 | | a group of those schools, or one or more school
districts if |
|
| | SB1768 | - 20 - | LRB097 07937 HLH 48054 b |
|
|
1 | | the events are
sponsored by an entity recognized by the school |
2 | | district that consists
primarily of volunteers and includes
|
3 | | parents and teachers of the school children. This paragraph |
4 | | does not apply
to fundraising
events (i) for the benefit of |
5 | | private home instruction or (ii)
for which the fundraising |
6 | | entity purchases the personal property sold at
the events from |
7 | | another individual or entity that sold the property for the
|
8 | | purpose of resale by the fundraising entity and that
profits |
9 | | from the sale to the
fundraising entity. This paragraph is |
10 | | exempt
from the provisions
of Section 3-55.
|
11 | | (23) Beginning January 1, 2000
and through December 31, |
12 | | 2001, new or used automatic vending
machines that prepare and |
13 | | serve hot food and beverages, including coffee, soup,
and
other |
14 | | items, and replacement parts for these machines.
Beginning |
15 | | January 1,
2002 and through June 30, 2003, machines and parts |
16 | | for
machines used in commercial, coin-operated amusement
and |
17 | | vending business if a use or occupation tax is paid on the |
18 | | gross receipts
derived from
the use of the commercial, |
19 | | coin-operated amusement and vending machines.
This paragraph |
20 | | is exempt from the provisions of Section 3-55.
|
21 | | (24) Beginning
on the effective date of this amendatory Act |
22 | | of the 92nd General Assembly,
computers and communications |
23 | | equipment
utilized for any hospital purpose and equipment used |
24 | | in the diagnosis,
analysis, or treatment of hospital patients |
25 | | sold to a lessor who leases the
equipment, under a lease of one |
26 | | year or longer executed or in effect at the
time of the |
|
| | SB1768 | - 21 - | LRB097 07937 HLH 48054 b |
|
|
1 | | purchase, to a hospital that has been issued an active tax
|
2 | | exemption identification number by the Department under |
3 | | Section 1g of the
Retailers' Occupation Tax Act. This paragraph |
4 | | is exempt from the provisions of
Section 3-55.
|
5 | | (25) Beginning
on the effective date of this amendatory Act |
6 | | of the 92nd General Assembly,
personal property sold to a |
7 | | lessor who
leases the property, under a lease of one year or |
8 | | longer executed or in effect
at the time of the purchase, to a |
9 | | governmental body that has been issued an
active tax exemption |
10 | | identification number by the Department under Section 1g
of the |
11 | | Retailers' Occupation Tax Act. This paragraph is exempt from |
12 | | the
provisions of Section 3-55.
|
13 | | (26) Beginning on January 1, 2002 and through June 30, 2016 |
14 | | 2011 , tangible personal property
purchased
from an Illinois |
15 | | retailer by a taxpayer engaged in centralized purchasing
|
16 | | activities in Illinois who will, upon receipt of the property |
17 | | in Illinois,
temporarily store the property in Illinois (i) for |
18 | | the purpose of subsequently
transporting it outside this State |
19 | | for use or consumption thereafter solely
outside this State or |
20 | | (ii) for the purpose of being processed, fabricated, or
|
21 | | manufactured into, attached to, or incorporated into other |
22 | | tangible personal
property to be transported outside this State |
23 | | and thereafter used or consumed
solely outside this State. The |
24 | | Director of Revenue shall, pursuant to rules
adopted in |
25 | | accordance with the Illinois Administrative Procedure Act, |
26 | | issue a
permit to any taxpayer in good standing with the |
|
| | SB1768 | - 22 - | LRB097 07937 HLH 48054 b |
|
|
1 | | Department who is eligible for
the exemption under this |
2 | | paragraph (26). The permit issued under
this paragraph (26) |
3 | | shall authorize the holder, to the extent and
in the manner |
4 | | specified in the rules adopted under this Act, to purchase
|
5 | | tangible personal property from a retailer exempt from the |
6 | | taxes imposed by
this Act. Taxpayers shall maintain all |
7 | | necessary books and records to
substantiate the use and |
8 | | consumption of all such tangible personal property
outside of |
9 | | the State of Illinois.
|
10 | | (27) Beginning January 1, 2008, tangible personal property |
11 | | used in the construction or maintenance of a community water |
12 | | supply, as defined under Section 3.145 of the Environmental |
13 | | Protection Act, that is operated by a not-for-profit |
14 | | corporation that holds a valid water supply permit issued under |
15 | | Title IV of the Environmental Protection Act. This paragraph is |
16 | | exempt from the provisions of Section 3-55.
|
17 | | (28) Tangible personal property sold to a |
18 | | public-facilities corporation, as described in Section |
19 | | 11-65-10 of the Illinois Municipal Code, for purposes of |
20 | | constructing or furnishing a municipal convention hall, but |
21 | | only if the legal title to the municipal convention hall is |
22 | | transferred to the municipality without any further |
23 | | consideration by or on behalf of the municipality at the time |
24 | | of the completion of the municipal convention hall or upon the |
25 | | retirement or redemption of any bonds or other debt instruments |
26 | | issued by the public-facilities corporation in connection with |
|
| | SB1768 | - 23 - | LRB097 07937 HLH 48054 b |
|
|
1 | | the development of the municipal convention hall. This |
2 | | exemption includes existing public-facilities corporations as |
3 | | provided in Section 11-65-25 of the Illinois Municipal Code. |
4 | | This paragraph is exempt from the provisions of Section 3-55. |
5 | | (29) Beginning January 1, 2010, materials, parts, |
6 | | equipment, components, and furnishings incorporated into or |
7 | | upon an aircraft as part of the modification, refurbishment, |
8 | | completion, replacement, repair, or maintenance of the |
9 | | aircraft. This exemption includes consumable supplies used in |
10 | | the modification, refurbishment, completion, replacement, |
11 | | repair, and maintenance of aircraft, but excludes any |
12 | | materials, parts, equipment, components, and consumable |
13 | | supplies used in the modification, replacement, repair, and |
14 | | maintenance of aircraft engines or power plants, whether such |
15 | | engines or power plants are installed or uninstalled upon any |
16 | | such aircraft. "Consumable supplies" include, but are not |
17 | | limited to, adhesive, tape, sandpaper, general purpose |
18 | | lubricants, cleaning solution, latex gloves, and protective |
19 | | films. This exemption applies only to those organizations that |
20 | | (i) hold an Air Agency Certificate and are empowered to operate |
21 | | an approved repair station by the Federal Aviation |
22 | | Administration, (ii) have a Class IV Rating, and (iii) conduct |
23 | | operations in accordance with Part 145 of the Federal Aviation |
24 | | Regulations. The exemption does not include aircraft operated |
25 | | by a commercial air carrier providing scheduled passenger air |
26 | | service pursuant to authority issued under Part 121 or Part 129 |
|
| | SB1768 | - 24 - | LRB097 07937 HLH 48054 b |
|
|
1 | | of the Federal Aviation Regulations. |
2 | | (Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876, |
3 | | eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; |
4 | | 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. |
5 | | 7-2-10.)
|
6 | | Section 20. The Retailers' Occupation Tax Act is amended by |
7 | | changing Section 2-5 as follows:
|
8 | | (35 ILCS 120/2-5)
|
9 | | Sec. 2-5. Exemptions. Gross receipts from proceeds from the |
10 | | sale of
the following tangible personal property are exempt |
11 | | from the tax imposed
by this Act:
|
12 | | (1) Farm chemicals.
|
13 | | (2) Farm machinery and equipment, both new and used, |
14 | | including that
manufactured on special order, certified by the |
15 | | purchaser to be used
primarily for production agriculture or |
16 | | State or federal agricultural
programs, including individual |
17 | | replacement parts for the machinery and
equipment, including |
18 | | machinery and equipment purchased for lease,
and including |
19 | | implements of husbandry defined in Section 1-130 of
the |
20 | | Illinois Vehicle Code, farm machinery and agricultural |
21 | | chemical and
fertilizer spreaders, and nurse wagons required to |
22 | | be registered
under Section 3-809 of the Illinois Vehicle Code,
|
23 | | but
excluding other motor vehicles required to be registered |
24 | | under the Illinois
Vehicle Code.
Horticultural polyhouses or |
|
| | SB1768 | - 25 - | LRB097 07937 HLH 48054 b |
|
|
1 | | hoop houses used for propagating, growing, or
overwintering |
2 | | plants shall be considered farm machinery and equipment under
|
3 | | this item (2).
Agricultural chemical tender tanks and dry boxes |
4 | | shall include units sold
separately from a motor vehicle |
5 | | required to be licensed and units sold mounted
on a motor |
6 | | vehicle required to be licensed, if the selling price of the |
7 | | tender
is separately stated.
|
8 | | Farm machinery and equipment shall include precision |
9 | | farming equipment
that is
installed or purchased to be |
10 | | installed on farm machinery and equipment
including, but not |
11 | | limited to, tractors, harvesters, sprayers, planters,
seeders, |
12 | | or spreaders.
Precision farming equipment includes, but is not |
13 | | limited to,
soil testing sensors, computers, monitors, |
14 | | software, global positioning
and mapping systems, and other |
15 | | such equipment.
|
16 | | Farm machinery and equipment also includes computers, |
17 | | sensors, software, and
related equipment used primarily in the
|
18 | | computer-assisted operation of production agriculture |
19 | | facilities, equipment,
and activities such as, but
not limited |
20 | | to,
the collection, monitoring, and correlation of
animal and |
21 | | crop data for the purpose of
formulating animal diets and |
22 | | agricultural chemicals. This item (7) is exempt
from the |
23 | | provisions of
Section 2-70.
|
24 | | (3) Until July 1, 2003, distillation machinery and |
25 | | equipment, sold as a
unit or kit,
assembled or installed by the |
26 | | retailer, certified by the user to be used
only for the |
|
| | SB1768 | - 26 - | LRB097 07937 HLH 48054 b |
|
|
1 | | production of ethyl alcohol that will be used for consumption
|
2 | | as motor fuel or as a component of motor fuel for the personal |
3 | | use of the
user, and not subject to sale or resale.
|
4 | | (4) Until July 1, 2003 and beginning again September 1, |
5 | | 2004 through August 30, 2014, graphic arts machinery and |
6 | | equipment, including
repair and
replacement parts, both new and |
7 | | used, and including that manufactured on
special order or |
8 | | purchased for lease, certified by the purchaser to be used
|
9 | | primarily for graphic arts production.
Equipment includes |
10 | | chemicals or
chemicals acting as catalysts but only if
the |
11 | | chemicals or chemicals acting as catalysts effect a direct and |
12 | | immediate
change upon a
graphic arts product.
|
13 | | (5) A motor vehicle of the first division, a motor vehicle |
14 | | of the second division that is a self contained motor vehicle |
15 | | designed or permanently converted to provide living quarters |
16 | | for recreational, camping, or travel use, with direct walk |
17 | | through access to the living quarters from the driver's seat, |
18 | | or a motor vehicle of the second division that is of the van |
19 | | configuration designed for the transportation of not less than |
20 | | 7 nor more than 16 passengers, as defined in Section 1-146 of |
21 | | the Illinois Vehicle Code, that is used for automobile renting, |
22 | | as defined in the Automobile Renting Occupation and Use Tax |
23 | | Act. This paragraph is exempt from
the provisions of Section |
24 | | 2-70.
|
25 | | (6) Personal property sold by a teacher-sponsored student |
26 | | organization
affiliated with an elementary or secondary school |
|
| | SB1768 | - 27 - | LRB097 07937 HLH 48054 b |
|
|
1 | | located in Illinois.
|
2 | | (7) Until July 1, 2003, proceeds of that portion of the |
3 | | selling price of
a passenger car the
sale of which is subject |
4 | | to the Replacement Vehicle Tax.
|
5 | | (8) Personal property sold to an Illinois county fair |
6 | | association for
use in conducting, operating, or promoting the |
7 | | county fair.
|
8 | | (9) Personal property sold to a not-for-profit arts
or |
9 | | cultural organization that establishes, by proof required by |
10 | | the Department
by
rule, that it has received an exemption under |
11 | | Section 501(c)(3) of the
Internal Revenue Code and that is |
12 | | organized and operated primarily for the
presentation
or |
13 | | support of arts or cultural programming, activities, or |
14 | | services. These
organizations include, but are not limited to, |
15 | | music and dramatic arts
organizations such as symphony |
16 | | orchestras and theatrical groups, arts and
cultural service |
17 | | organizations, local arts councils, visual arts organizations,
|
18 | | and media arts organizations.
On and after the effective date |
19 | | of this amendatory Act of the 92nd General
Assembly, however, |
20 | | an entity otherwise eligible for this exemption shall not
make |
21 | | tax-free purchases unless it has an active identification |
22 | | number issued by
the Department.
|
23 | | (10) Personal property sold by a corporation, society, |
24 | | association,
foundation, institution, or organization, other |
25 | | than a limited liability
company, that is organized and |
26 | | operated as a not-for-profit service enterprise
for the benefit |
|
| | SB1768 | - 28 - | LRB097 07937 HLH 48054 b |
|
|
1 | | of persons 65 years of age or older if the personal property
|
2 | | was not purchased by the enterprise for the purpose of resale |
3 | | by the
enterprise.
|
4 | | (11) Personal property sold to a governmental body, to a |
5 | | corporation,
society, association, foundation, or institution |
6 | | organized and operated
exclusively for charitable, religious, |
7 | | or educational purposes, or to a
not-for-profit corporation, |
8 | | society, association, foundation, institution,
or organization |
9 | | that has no compensated officers or employees and that is
|
10 | | organized and operated primarily for the recreation of persons |
11 | | 55 years of
age or older. A limited liability company may |
12 | | qualify for the exemption under
this paragraph only if the |
13 | | limited liability company is organized and operated
|
14 | | exclusively for educational purposes. On and after July 1, |
15 | | 1987, however, no
entity otherwise eligible for this exemption |
16 | | shall make tax-free purchases
unless it has an active |
17 | | identification number issued by the Department.
|
18 | | (12) Tangible personal property sold to
interstate |
19 | | carriers
for hire for use as
rolling stock moving in interstate |
20 | | commerce or to lessors under leases of
one year or longer |
21 | | executed or in effect at the time of purchase by
interstate |
22 | | carriers for hire for use as rolling stock moving in interstate
|
23 | | commerce and equipment operated by a telecommunications |
24 | | provider, licensed as a
common carrier by the Federal |
25 | | Communications Commission, which is permanently
installed in |
26 | | or affixed to aircraft moving in interstate commerce.
|
|
| | SB1768 | - 29 - | LRB097 07937 HLH 48054 b |
|
|
1 | | (12-5) On and after July 1, 2003 and through June 30, 2004, |
2 | | motor vehicles of the second division
with a gross vehicle |
3 | | weight in excess of 8,000 pounds
that
are
subject to the |
4 | | commercial distribution fee imposed under Section 3-815.1 of
|
5 | | the Illinois
Vehicle Code. Beginning on July 1, 2004 and |
6 | | through June 30, 2005, the use in this State of motor vehicles |
7 | | of the second division: (i) with a gross vehicle weight rating |
8 | | in excess of 8,000 pounds; (ii) that are subject to the |
9 | | commercial distribution fee imposed under Section 3-815.1 of |
10 | | the Illinois Vehicle Code; and (iii) that are primarily used |
11 | | for commercial purposes. Through June 30, 2005, this
exemption |
12 | | applies to repair and replacement parts added
after the
initial |
13 | | purchase of such a motor vehicle if that motor vehicle is used |
14 | | in a
manner that
would qualify for the rolling stock exemption |
15 | | otherwise provided for in this
Act. For purposes of this |
16 | | paragraph, "used for commercial purposes" means the |
17 | | transportation of persons or property in furtherance of any |
18 | | commercial or industrial enterprise whether for-hire or not.
|
19 | | (13) Proceeds from sales to owners, lessors, or
shippers of
|
20 | | tangible personal property that is utilized by interstate |
21 | | carriers for
hire for use as rolling stock moving in interstate |
22 | | commerce
and equipment operated by a telecommunications |
23 | | provider, licensed as a
common carrier by the Federal |
24 | | Communications Commission, which is
permanently installed in |
25 | | or affixed to aircraft moving in interstate commerce.
|
26 | | (14) Machinery and equipment that will be used by the |
|
| | SB1768 | - 30 - | LRB097 07937 HLH 48054 b |
|
|
1 | | purchaser, or a
lessee of the purchaser, primarily in the |
2 | | process of manufacturing or
assembling tangible personal |
3 | | property for wholesale or retail sale or
lease, whether the |
4 | | sale or lease is made directly by the manufacturer or by
some |
5 | | other person, whether the materials used in the process are |
6 | | owned by
the manufacturer or some other person, or whether the |
7 | | sale or lease is made
apart from or as an incident to the |
8 | | seller's engaging in the service
occupation of producing |
9 | | machines, tools, dies, jigs, patterns, gauges, or
other similar |
10 | | items of no commercial value on special order for a particular
|
11 | | purchaser.
|
12 | | (15) Proceeds of mandatory service charges separately |
13 | | stated on
customers' bills for purchase and consumption of food |
14 | | and beverages, to the
extent that the proceeds of the service |
15 | | charge are in fact turned over as
tips or as a substitute for |
16 | | tips to the employees who participate directly
in preparing, |
17 | | serving, hosting or cleaning up the food or beverage function
|
18 | | with respect to which the service charge is imposed.
|
19 | | (16) Petroleum products sold to a purchaser if the seller
|
20 | | is prohibited by federal law from charging tax to the |
21 | | purchaser.
|
22 | | (17) Tangible personal property sold to a common carrier by |
23 | | rail or
motor that
receives the physical possession of the |
24 | | property in Illinois and that
transports the property, or |
25 | | shares with another common carrier in the
transportation of the |
26 | | property, out of Illinois on a standard uniform bill
of lading |
|
| | SB1768 | - 31 - | LRB097 07937 HLH 48054 b |
|
|
1 | | showing the seller of the property as the shipper or consignor |
2 | | of
the property to a destination outside Illinois, for use |
3 | | outside Illinois.
|
4 | | (18) Legal tender, currency, medallions, or gold or silver |
5 | | coinage
issued by the State of Illinois, the government of the |
6 | | United States of
America, or the government of any foreign |
7 | | country, and bullion.
|
8 | | (19) Until July 1 2003, oil field exploration, drilling, |
9 | | and production
equipment, including
(i) rigs and parts of rigs, |
10 | | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and |
11 | | tubular goods, including casing and
drill strings, (iii) pumps |
12 | | and pump-jack units, (iv) storage tanks and flow
lines, (v) any |
13 | | individual replacement part for oil field exploration,
|
14 | | drilling, and production equipment, and (vi) machinery and |
15 | | equipment purchased
for lease; but
excluding motor vehicles |
16 | | required to be registered under the Illinois
Vehicle Code.
|
17 | | (20) Photoprocessing machinery and equipment, including |
18 | | repair and
replacement parts, both new and used, including that |
19 | | manufactured on
special order, certified by the purchaser to be |
20 | | used primarily for
photoprocessing, and including |
21 | | photoprocessing machinery and equipment
purchased for lease.
|
22 | | (21) Until July 1, 2003, coal exploration, mining, |
23 | | offhighway hauling,
processing,
maintenance, and reclamation |
24 | | equipment, including
replacement parts and equipment, and |
25 | | including
equipment purchased for lease, but excluding motor |
26 | | vehicles required to be
registered under the Illinois Vehicle |
|
| | SB1768 | - 32 - | LRB097 07937 HLH 48054 b |
|
|
1 | | Code.
|
2 | | (22) Fuel and petroleum products sold to or used by an air |
3 | | carrier,
certified by the carrier to be used for consumption, |
4 | | shipment, or storage
in the conduct of its business as an air |
5 | | common carrier, for a flight
destined for or returning from a |
6 | | location or locations
outside the United States without regard |
7 | | to previous or subsequent domestic
stopovers.
|
8 | | (23) A transaction in which the purchase order is received |
9 | | by a florist
who is located outside Illinois, but who has a |
10 | | florist located in Illinois
deliver the property to the |
11 | | purchaser or the purchaser's donee in Illinois.
|
12 | | (24) Fuel consumed or used in the operation of ships, |
13 | | barges, or vessels
that are used primarily in or for the |
14 | | transportation of property or the
conveyance of persons for |
15 | | hire on rivers bordering on this State if the
fuel is delivered |
16 | | by the seller to the purchaser's barge, ship, or vessel
while |
17 | | it is afloat upon that bordering river.
|
18 | | (25) Except as provided in item (25-5) of this Section, a
|
19 | | motor vehicle sold in this State to a nonresident even though |
20 | | the
motor vehicle is delivered to the nonresident in this |
21 | | State, if the motor
vehicle is not to be titled in this State, |
22 | | and if a drive-away permit
is issued to the motor vehicle as |
23 | | provided in Section 3-603 of the Illinois
Vehicle Code or if |
24 | | the nonresident purchaser has vehicle registration
plates to |
25 | | transfer to the motor vehicle upon returning to his or her home
|
26 | | state. The issuance of the drive-away permit or having
the
|
|
| | SB1768 | - 33 - | LRB097 07937 HLH 48054 b |
|
|
1 | | out-of-state registration plates to be transferred is prima |
2 | | facie evidence
that the motor vehicle will not be titled in |
3 | | this State.
|
4 | | (25-5) The exemption under item (25) does not apply if the |
5 | | state in which the motor vehicle will be titled does not allow |
6 | | a reciprocal exemption for a motor vehicle sold and delivered |
7 | | in that state to an Illinois resident but titled in Illinois. |
8 | | The tax collected under this Act on the sale of a motor vehicle |
9 | | in this State to a resident of another state that does not |
10 | | allow a reciprocal exemption shall be imposed at a rate equal |
11 | | to the state's rate of tax on taxable property in the state in |
12 | | which the purchaser is a resident, except that the tax shall |
13 | | not exceed the tax that would otherwise be imposed under this |
14 | | Act. At the time of the sale, the purchaser shall execute a |
15 | | statement, signed under penalty of perjury, of his or her |
16 | | intent to title the vehicle in the state in which the purchaser |
17 | | is a resident within 30 days after the sale and of the fact of |
18 | | the payment to the State of Illinois of tax in an amount |
19 | | equivalent to the state's rate of tax on taxable property in |
20 | | his or her state of residence and shall submit the statement to |
21 | | the appropriate tax collection agency in his or her state of |
22 | | residence. In addition, the retailer must retain a signed copy |
23 | | of the statement in his or her records. Nothing in this item |
24 | | shall be construed to require the removal of the vehicle from |
25 | | this state following the filing of an intent to title the |
26 | | vehicle in the purchaser's state of residence if the purchaser |
|
| | SB1768 | - 34 - | LRB097 07937 HLH 48054 b |
|
|
1 | | titles the vehicle in his or her state of residence within 30 |
2 | | days after the date of sale. The tax collected under this Act |
3 | | in accordance with this item (25-5) shall be proportionately |
4 | | distributed as if the tax were collected at the 6.25% general |
5 | | rate imposed under this Act.
|
6 | | (25-7) Beginning on July 1, 2007, no tax is imposed under |
7 | | this Act on the sale of an aircraft, as defined in Section 3 of |
8 | | the Illinois Aeronautics Act, if all of the following |
9 | | conditions are met: |
10 | | (1) the aircraft leaves this State within 15 days after |
11 | | the later of either the issuance of the final billing for |
12 | | the sale of the aircraft, or the authorized approval for |
13 | | return to service, completion of the maintenance record |
14 | | entry, and completion of the test flight and ground test |
15 | | for inspection, as required by 14 C.F.R. 91.407; |
16 | | (2) the aircraft is not based or registered in this |
17 | | State after the sale of the aircraft; and |
18 | | (3) the seller retains in his or her books and records |
19 | | and provides to the Department a signed and dated |
20 | | certification from the purchaser, on a form prescribed by |
21 | | the Department, certifying that the requirements of this |
22 | | item (25-7) are met. The certificate must also include the |
23 | | name and address of the purchaser, the address of the |
24 | | location where the aircraft is to be titled or registered, |
25 | | the address of the primary physical location of the |
26 | | aircraft, and other information that the Department may |
|
| | SB1768 | - 35 - | LRB097 07937 HLH 48054 b |
|
|
1 | | reasonably require. |
2 | | For purposes of this item (25-7): |
3 | | "Based in this State" means hangared, stored, or otherwise |
4 | | used, excluding post-sale customizations as defined in this |
5 | | Section, for 10 or more days in each 12-month period |
6 | | immediately following the date of the sale of the aircraft. |
7 | | "Registered in this State" means an aircraft registered |
8 | | with the Department of Transportation, Aeronautics Division, |
9 | | or titled or registered with the Federal Aviation |
10 | | Administration to an address located in this State. |
11 | | This paragraph (25-7) is exempt from the provisions
of
|
12 | | Section 2-70.
|
13 | | (26) Semen used for artificial insemination of livestock |
14 | | for direct
agricultural production.
|
15 | | (27) Horses, or interests in horses, registered with and |
16 | | meeting the
requirements of any of the
Arabian Horse Club |
17 | | Registry of America, Appaloosa Horse Club, American Quarter
|
18 | | Horse Association, United States
Trotting Association, or |
19 | | Jockey Club, as appropriate, used for
purposes of breeding or |
20 | | racing for prizes. This item (27) is exempt from the provisions |
21 | | of Section 2-70, and the exemption provided for under this item |
22 | | (27) applies for all periods beginning May 30, 1995, but no |
23 | | claim for credit or refund is allowed on or after January 1, |
24 | | 2008 (the effective date of Public Act 95-88)
for such taxes |
25 | | paid during the period beginning May 30, 2000 and ending on |
26 | | January 1, 2008 (the effective date of Public Act 95-88).
|
|
| | SB1768 | - 36 - | LRB097 07937 HLH 48054 b |
|
|
1 | | (28) Computers and communications equipment utilized for |
2 | | any
hospital
purpose
and equipment used in the diagnosis,
|
3 | | analysis, or treatment of hospital patients sold to a lessor |
4 | | who leases the
equipment, under a lease of one year or longer |
5 | | executed or in effect at the
time of the purchase, to a
|
6 | | hospital
that has been issued an active tax exemption |
7 | | identification number by the
Department under Section 1g of |
8 | | this Act.
|
9 | | (29) Personal property sold to a lessor who leases the
|
10 | | property, under a
lease of one year or longer executed or in |
11 | | effect at the time of the purchase,
to a governmental body
that |
12 | | has been issued an active tax exemption identification number |
13 | | by the
Department under Section 1g of this Act.
|
14 | | (30) Beginning with taxable years ending on or after |
15 | | December
31, 1995
and
ending with taxable years ending on or |
16 | | before December 31, 2004,
personal property that is
donated for |
17 | | disaster relief to be used in a State or federally declared
|
18 | | disaster area in Illinois or bordering Illinois by a |
19 | | manufacturer or retailer
that is registered in this State to a |
20 | | corporation, society, association,
foundation, or institution |
21 | | that has been issued a sales tax exemption
identification |
22 | | number by the Department that assists victims of the disaster
|
23 | | who reside within the declared disaster area.
|
24 | | (31) Beginning with taxable years ending on or after |
25 | | December
31, 1995 and
ending with taxable years ending on or |
26 | | before December 31, 2004, personal
property that is used in the |
|
| | SB1768 | - 37 - | LRB097 07937 HLH 48054 b |
|
|
1 | | performance of infrastructure repairs in this
State, including |
2 | | but not limited to municipal roads and streets, access roads,
|
3 | | bridges, sidewalks, waste disposal systems, water and sewer |
4 | | line extensions,
water distribution and purification |
5 | | facilities, storm water drainage and
retention facilities, and |
6 | | sewage treatment facilities, resulting from a State
or |
7 | | federally declared disaster in Illinois or bordering Illinois |
8 | | when such
repairs are initiated on facilities located in the |
9 | | declared disaster area
within 6 months after the disaster.
|
10 | | (32) Beginning July 1, 1999, game or game birds sold at a |
11 | | "game breeding
and
hunting preserve area" or an "exotic game |
12 | | hunting area" as those terms are used
in the
Wildlife Code or |
13 | | at a hunting enclosure approved through rules adopted by the
|
14 | | Department of Natural Resources. This paragraph is exempt from |
15 | | the provisions
of
Section 2-70.
|
16 | | (33) A motor vehicle, as that term is defined in Section |
17 | | 1-146
of the
Illinois Vehicle Code, that is donated to a |
18 | | corporation, limited liability
company, society, association, |
19 | | foundation, or institution that is determined by
the Department |
20 | | to be organized and operated exclusively for educational
|
21 | | purposes. For purposes of this exemption, "a corporation, |
22 | | limited liability
company, society, association, foundation, |
23 | | or institution organized and
operated
exclusively for |
24 | | educational purposes" means all tax-supported public schools,
|
25 | | private schools that offer systematic instruction in useful |
26 | | branches of
learning by methods common to public schools and |
|
| | SB1768 | - 38 - | LRB097 07937 HLH 48054 b |
|
|
1 | | that compare favorably in
their scope and intensity with the |
2 | | course of study presented in tax-supported
schools, and |
3 | | vocational or technical schools or institutes organized and
|
4 | | operated exclusively to provide a course of study of not less |
5 | | than 6 weeks
duration and designed to prepare individuals to |
6 | | follow a trade or to pursue a
manual, technical, mechanical, |
7 | | industrial, business, or commercial
occupation.
|
8 | | (34) Beginning January 1, 2000, personal property, |
9 | | including food, purchased
through fundraising events for the |
10 | | benefit of a public or private elementary or
secondary school, |
11 | | a group of those schools, or one or more school districts if
|
12 | | the events are sponsored by an entity recognized by the school |
13 | | district that
consists primarily of volunteers and includes |
14 | | parents and teachers of the
school children. This paragraph |
15 | | does not apply to fundraising events (i) for
the benefit of |
16 | | private home instruction or (ii) for which the fundraising
|
17 | | entity purchases the personal property sold at the events from |
18 | | another
individual or entity that sold the property for the |
19 | | purpose of resale by the
fundraising entity and that profits |
20 | | from the sale to the fundraising entity.
This paragraph is |
21 | | exempt from the provisions of Section 2-70.
|
22 | | (35) Beginning January 1, 2000 and through December 31, |
23 | | 2001, new or used
automatic vending machines that prepare and |
24 | | serve hot food and beverages,
including coffee, soup, and other |
25 | | items, and replacement parts for these
machines. Beginning |
26 | | January 1, 2002 and through June 30, 2003, machines
and parts |
|
| | SB1768 | - 39 - | LRB097 07937 HLH 48054 b |
|
|
1 | | for machines used in
commercial, coin-operated amusement and |
2 | | vending business if a use or occupation
tax is paid on the |
3 | | gross receipts derived from the use of the commercial,
|
4 | | coin-operated amusement and vending machines. This paragraph |
5 | | is exempt from
the provisions of Section 2-70.
|
6 | | (35-5) Beginning August 23, 2001 and through June 30, 2011, |
7 | | food for human consumption that is to be consumed off
the |
8 | | premises where it is sold (other than alcoholic beverages, soft |
9 | | drinks,
and food that has been prepared for immediate |
10 | | consumption) and prescription
and nonprescription medicines, |
11 | | drugs, medical appliances, and insulin, urine
testing |
12 | | materials, syringes, and needles used by diabetics, for human |
13 | | use, when
purchased for use by a person receiving medical |
14 | | assistance under Article V of
the Illinois Public Aid Code who |
15 | | resides in a licensed long-term care facility,
as defined in |
16 | | the Nursing Home Care Act, or a licensed facility as defined in |
17 | | the MR/DD Community Care Act.
|
18 | | (36) Beginning August 2, 2001, computers and |
19 | | communications equipment
utilized for any hospital purpose and |
20 | | equipment used in the diagnosis,
analysis, or treatment of |
21 | | hospital patients sold to a lessor who leases the
equipment, |
22 | | under a lease of one year or longer executed or in effect at |
23 | | the
time of the purchase, to a hospital that has been issued an |
24 | | active tax
exemption identification number by the Department |
25 | | under Section 1g of this Act.
This paragraph is exempt from the |
26 | | provisions of Section 2-70.
|
|
| | SB1768 | - 40 - | LRB097 07937 HLH 48054 b |
|
|
1 | | (37) Beginning August 2, 2001, personal property sold to a |
2 | | lessor who
leases the property, under a lease of one year or |
3 | | longer executed or in effect
at the time of the purchase, to a |
4 | | governmental body that has been issued an
active tax exemption |
5 | | identification number by the Department under Section 1g
of |
6 | | this Act. This paragraph is exempt from the provisions of |
7 | | Section 2-70.
|
8 | | (38) Beginning on January 1, 2002 and through June 30, 2016 |
9 | | 2011 , tangible personal property purchased
from an Illinois |
10 | | retailer by a taxpayer engaged in centralized purchasing
|
11 | | activities in Illinois who will, upon receipt of the property |
12 | | in Illinois,
temporarily store the property in Illinois (i) for |
13 | | the purpose of subsequently
transporting it outside this State |
14 | | for use or consumption thereafter solely
outside this State or |
15 | | (ii) for the purpose of being processed, fabricated, or
|
16 | | manufactured into, attached to, or incorporated into other |
17 | | tangible personal
property to be transported outside this State |
18 | | and thereafter used or consumed
solely outside this State. The |
19 | | Director of Revenue shall, pursuant to rules
adopted in |
20 | | accordance with the Illinois Administrative Procedure Act, |
21 | | issue a
permit to any taxpayer in good standing with the |
22 | | Department who is eligible for
the exemption under this |
23 | | paragraph (38). The permit issued under
this paragraph (38) |
24 | | shall authorize the holder, to the extent and
in the manner |
25 | | specified in the rules adopted under this Act, to purchase
|
26 | | tangible personal property from a retailer exempt from the |
|
| | SB1768 | - 41 - | LRB097 07937 HLH 48054 b |
|
|
1 | | taxes imposed by
this Act. Taxpayers shall maintain all |
2 | | necessary books and records to
substantiate the use and |
3 | | consumption of all such tangible personal property
outside of |
4 | | the State of Illinois.
|
5 | | (39) Beginning January 1, 2008, tangible personal property |
6 | | used in the construction or maintenance of a community water |
7 | | supply, as defined under Section 3.145 of the Environmental |
8 | | Protection Act, that is operated by a not-for-profit |
9 | | corporation that holds a valid water supply permit issued under |
10 | | Title IV of the Environmental Protection Act. This paragraph is |
11 | | exempt from the provisions of Section 2-70.
|
12 | | (40) Beginning January 1, 2010, materials, parts, |
13 | | equipment, components, and furnishings incorporated into or |
14 | | upon an aircraft as part of the modification, refurbishment, |
15 | | completion, replacement, repair, or maintenance of the |
16 | | aircraft. This exemption includes consumable supplies used in |
17 | | the modification, refurbishment, completion, replacement, |
18 | | repair, and maintenance of aircraft, but excludes any |
19 | | materials, parts, equipment, components, and consumable |
20 | | supplies used in the modification, replacement, repair, and |
21 | | maintenance of aircraft engines or power plants, whether such |
22 | | engines or power plants are installed or uninstalled upon any |
23 | | such aircraft. "Consumable supplies" include, but are not |
24 | | limited to, adhesive, tape, sandpaper, general purpose |
25 | | lubricants, cleaning solution, latex gloves, and protective |
26 | | films. This exemption applies only to those organizations that |
|
| | SB1768 | - 42 - | LRB097 07937 HLH 48054 b |
|
|
1 | | (i) hold an Air Agency Certificate and are empowered to operate |
2 | | an approved repair station by the Federal Aviation |
3 | | Administration, (ii) have a Class IV Rating, and (iii) conduct |
4 | | operations in accordance with Part 145 of the Federal Aviation |
5 | | Regulations. The exemption does not include aircraft operated |
6 | | by a commercial air carrier providing scheduled passenger air |
7 | | service pursuant to authority issued under Part 121 or Part 129 |
8 | | of the Federal Aviation Regulations. |
9 | | (41) Tangible personal property sold to a |
10 | | public-facilities corporation, as described in Section |
11 | | 11-65-10 of the Illinois Municipal Code, for purposes of |
12 | | constructing or furnishing a municipal convention hall, but |
13 | | only if the legal title to the municipal convention hall is |
14 | | transferred to the municipality without any further |
15 | | consideration by or on behalf of the municipality at the time |
16 | | of the completion of the municipal convention hall or upon the |
17 | | retirement or redemption of any bonds or other debt instruments |
18 | | issued by the public-facilities corporation in connection with |
19 | | the development of the municipal convention hall. This |
20 | | exemption includes existing public-facilities corporations as |
21 | | provided in Section 11-65-25 of the Illinois Municipal Code. |
22 | | This paragraph is exempt from the provisions of Section 2-70. |
23 | | (Source: P.A. 95-88, eff. 1-1-08; 95-233, eff. 8-16-07; 95-304, |
24 | | eff. 8-20-07; 95-538, eff. 1-1-08; 95-707, eff. 1-11-08; |
25 | | 95-876, eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. |
26 | | 7-1-10; 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, |