4. The amount of credit provided in Section 2d of this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department may
require.
Each retailer required or authorized to collect the tax imposed by this Act on aviation fuel sold at retail in this State during the preceding calendar month shall, instead of reporting and paying tax on aviation fuel as otherwise required by this Section, report and pay such tax on a separate aviation fuel tax return. The requirements related to the return shall be as otherwise provided in this Section. Notwithstanding any other provisions of this Act to the contrary, retailers collecting tax on aviation fuel shall file all aviation fuel tax returns and shall make all aviation fuel tax payments by electronic means in the manner and form required by the Department. For purposes of this Section, "aviation fuel" means jet fuel and aviation gasoline.
If a taxpayer fails to sign a return within 30 days after the proper notice
and demand for signature by the Department, the return shall be considered
valid and any amount shown to be due on the return shall be deemed assessed.
Notwithstanding any other provision of this Act to the contrary, retailers subject to tax on cannabis shall file all cannabis tax returns and shall make all cannabis tax payments by electronic means in the manner and form required by the Department.
Beginning October 1, 1993, a taxpayer who has an average monthly tax
liability of $150,000 or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer
who has an average monthly tax liability of $100,000 or more shall make all
payments required by rules of the Department by electronic funds transfer.
Beginning October 1, 1995, a taxpayer who has an average monthly tax liability
of $50,000 or more shall make all payments required by rules of the Department
by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all payments required by
rules of the Department by electronic funds transfer. The term "annual tax
liability" shall be the sum of the taxpayer's liabilities under this Act, and
under all other State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year. The term "average
monthly tax liability" means
the sum of the taxpayer's liabilities under this Act, and under all other State
and local occupation and use tax laws administered by the Department, for the
immediately preceding calendar year divided by 12.
Beginning on October 1, 2002, a taxpayer who has a tax liability in the
amount set forth in subsection (b) of Section 2505-210 of the Department of
Revenue Law shall make all payments required by rules of the Department by
electronic funds transfer.
Before August 1 of each year beginning in 1993, the Department shall notify
all taxpayers required to make payments by electronic funds transfer. All
taxpayers required to make payments by electronic funds transfer shall make
those payments for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic funds transfer may
make payments by electronic funds transfer with the permission of the
Department.
All taxpayers required to make payment by electronic funds transfer and any
taxpayers authorized to voluntarily make payments by electronic funds transfer
shall make those payments in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to effectuate a
program of electronic funds transfer and the requirements of this Section.
Before October 1, 2000, if the taxpayer's average monthly tax liability
to the Department
under this Act, the Retailers' Occupation Tax Act, the Service
Occupation Tax Act, the Service Use Tax Act was $10,000 or more
during
the preceding 4 complete calendar quarters, he shall file a return with the
Department each month by the 20th day of the month next following the month
during which such tax liability is incurred and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the month
during which such liability is incurred.
On and after October 1, 2000, if the taxpayer's average monthly tax liability
to the Department under this Act, the Retailers' Occupation Tax Act,
the
Service Occupation Tax Act, and the Service Use Tax Act was $20,000 or more
during the preceding 4 complete calendar quarters, he shall file a return with
the Department each month by the 20th day of the month next following the month
during which such tax liability is incurred and shall make payment to the
Department on or before the 7th, 15th, 22nd and last day of the
month during
which such liability is incurred.
If the month during which such tax
liability is incurred began prior to January 1, 1985, each payment shall be
in an amount equal to 1/4 of the taxpayer's
actual liability for the month or an amount set by the Department not to
exceed 1/4 of the average monthly liability of the taxpayer to the
Department for the preceding 4 complete calendar quarters (excluding the
month of highest liability and the month of lowest liability in such 4
quarter period). If the month during which such tax liability is incurred
begins on or after January 1, 1985, and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's actual liability
for the month or 27.5% of the taxpayer's liability for the same calendar
month of the preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1987, and prior to January 1,
1988, each payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's liability for
the same calendar month of the preceding year. If the month during which such
tax liability is incurred begins on or after January 1, 1988, and prior to
January 1, 1989,
or begins on or after January 1, 1996, each payment shall be in an amount equal
to 22.5% of the taxpayer's actual liability for the month or 25% of the
taxpayer's liability for the same calendar month of the preceding year. If the
month during which such tax liability is incurred begins on or after January 1,
1989,
and prior to January 1, 1996, each payment shall be in an amount equal to 22.5%
of the taxpayer's actual liability for the month or 25% of the taxpayer's
liability for the same calendar month of the preceding year or 100% of the
taxpayer's actual liability for the quarter monthly reporting period. The
amount of such quarter monthly payments shall be credited against the final tax
liability
of the taxpayer's return for that month. Before October 1, 2000, once
applicable, the requirement
of the making of quarter monthly payments to the Department shall continue
until such taxpayer's average monthly liability to the Department during
the preceding 4 complete calendar quarters (excluding the month of highest
liability and the month of lowest liability) is less than
$9,000, or until
such taxpayer's average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar quarter period
is less than $10,000. However, if a taxpayer can show the
Department that
a substantial change in the taxpayer's business has occurred which causes
the taxpayer to anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $10,000 threshold
stated above, then
such taxpayer
may petition the Department for change in such taxpayer's reporting status.
On and after October 1, 2000, once applicable, the requirement of the making
of quarter monthly payments to the Department shall continue until such
taxpayer's average monthly liability to the Department during the preceding 4
complete calendar quarters (excluding the month of highest liability and the
month of lowest liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for each calendar
quarter of the 4 preceding complete calendar quarter period is less than
$20,000. However, if a taxpayer can show the Department that a substantial
change in the taxpayer's business has occurred which causes the taxpayer to
anticipate that his average monthly tax liability for the reasonably
foreseeable future will fall below the $20,000 threshold stated above, then
such taxpayer may petition the Department for a change in such taxpayer's
reporting status.
The Department shall change such taxpayer's reporting status unless it
finds that such change is seasonal in nature and not likely to be long
term. Quarter monthly payment status shall be determined under this paragraph as if the rate reduction to 1.25% in Public Act 102-700 on sales tax holiday items had not occurred. For quarter monthly payments due on or after July 1, 2023 and through June 30, 2024, "25% of the taxpayer's liability for the same calendar month of the preceding year" shall be determined as if the rate reduction to 1.25% in Public Act 102-700 on sales tax holiday items had not occurred. Quarter monthly payment status shall be determined under this paragraph as if the rate reduction to 0% in Public Act 102-700 on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, and food that has been prepared for immediate consumption) had not occurred. For quarter monthly payments due under this paragraph on or after July 1, 2023 and through June 30, 2024, "25% of the taxpayer's liability for the same calendar month of the preceding year" shall be determined as if the rate reduction to 0% in Public Act 102-700 had not occurred. If any such quarter monthly payment is not paid at the time or in
the amount required by this Section, then the taxpayer shall be liable for
penalties and interest on
the difference between the minimum amount due and the amount of such
quarter monthly payment actually and timely paid, except insofar as the
taxpayer has previously made payments for that month to the Department in
excess of the minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to govern the
quarter monthly payment amount and quarter monthly payment dates for
taxpayers who file on other than a calendar monthly basis.
If any such payment provided for in this Section exceeds the taxpayer's
liabilities under this Act, the Retailers' Occupation Tax Act, the Service
Occupation Tax Act and the Service Use Tax Act, as shown by an original
monthly return, the Department shall issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment, which
memorandum may be submitted by the taxpayer to the Department in payment of
tax liability subsequently to be remitted by the taxpayer to the Department
or be assigned by the taxpayer to a similar taxpayer under this Act, the
Retailers' Occupation Tax Act, the Service Occupation Tax Act or the
Service Use Tax Act, in accordance with reasonable rules and regulations to
be prescribed by the Department, except that if such excess payment is
shown on an original monthly return and is made after December 31, 1986, no
credit memorandum shall be issued, unless requested by the taxpayer. If no
such request is made, the taxpayer may credit such excess payment against
tax liability subsequently to be remitted by the taxpayer to the Department
under this Act, the Retailers' Occupation Tax Act, the Service Occupation
Tax Act or the Service Use Tax Act, in accordance with reasonable rules and
regulations prescribed by the Department. If the Department subsequently
determines that all or any part of the credit taken was not actually due to
the taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall be
reduced by 2.1% or 1.75% of the difference between the credit taken and
that actually due, and the taxpayer shall be liable for penalties and
interest on such difference.
If the retailer is otherwise required to file a monthly return and if the
retailer's average monthly tax liability to the Department
does not exceed $200, the Department may authorize his returns to be
filed on a quarter annual basis, with the return for January, February,
and March of a given year being due by April 20 of such year; with the
return for April, May and June of a given year being due by July 20 of
such year; with the return for July, August and September of a given
year being due by October 20 of such year, and with the return for
October, November and December of a given year being due by January 20
of the following year.
If the retailer is otherwise required to file a monthly or quarterly
return and if the retailer's average monthly tax liability to the
Department does not exceed $50, the Department may authorize his returns to
be filed on an annual basis, with the return for a given year being due by
January 20 of the following year.
Such quarter annual and annual returns, as to form and substance,
shall be subject to the same requirements as monthly returns.
Notwithstanding any other provision in this Act concerning the time
within which a retailer may file his return, in the case of any retailer
who ceases to engage in a kind of business which makes him responsible
for filing returns under this Act, such retailer shall file a final
return under this Act with the Department not more than one month after
discontinuing such business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with an agency of
this State, except as otherwise provided in this Section, every
retailer selling this kind of tangible personal property shall file,
with the Department, upon a form to be prescribed and supplied by the
Department, a separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor vehicles or
trailers transfers more than
one aircraft, watercraft, motor
vehicle or trailer to another aircraft, watercraft, motor vehicle or
trailer retailer for the purpose of resale
or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers
transfers more than one aircraft, watercraft, motor vehicle, or trailer to a
purchaser for use as a qualifying rolling stock as provided in Section 3-55 of
this Act, then
that seller may report the transfer of all the
aircraft, watercraft, motor
vehicles
or trailers involved in that transaction to the Department on the same
uniform
invoice-transaction reporting return form.
For purposes of this Section, "watercraft" means a Class 2, Class 3, or
Class
4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act,
a
personal watercraft, or any boat equipped with an inboard motor.
In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every person who is engaged in the business of leasing or renting such items and who, in connection with such business, sells any such item to a retailer for the purpose of resale is, notwithstanding any other provision of this Section to the contrary, authorized to meet the return-filing requirement of this Act by reporting the transfer of all the aircraft, watercraft, motor vehicles, or trailers transferred for resale during a month to the Department on the same uniform invoice-transaction reporting return form on or before the 20th of the month following the month in which the transfer takes place. Notwithstanding any other provision of this Act to the contrary, all returns filed under this paragraph must be filed by electronic means in the manner and form as required by the Department.
The transaction reporting return in the case of motor vehicles
or trailers that are required to be registered with an agency of this
State, shall
be the same document as the Uniform Invoice referred to in Section 5-402
of the Illinois Vehicle Code and must show the name and address of the
seller; the name and address of the purchaser; the amount of the selling
price including the amount allowed by the retailer for traded-in
property, if any; the amount allowed by the retailer for the traded-in
tangible personal property, if any, to the extent to which Section 2 of
this Act allows an exemption for the value of traded-in property; the
balance payable after deducting such trade-in allowance from the total
selling price; the amount of tax due from the retailer with respect to
such transaction; the amount of tax collected from the purchaser by the
retailer on such transaction (or satisfactory evidence that such tax is
not due in that particular instance, if that is claimed to be the fact);
the place and date of the sale; a sufficient identification of the
property sold; such other information as is required in Section 5-402 of
the Illinois Vehicle Code, and such other information as the Department
may reasonably require.
The transaction reporting return in the case of watercraft
and aircraft must show
the name and address of the seller; the name and address of the
purchaser; the amount of the selling price including the amount allowed
by the retailer for traded-in property, if any; the amount allowed by
the retailer for the traded-in tangible personal property, if any, to
the extent to which Section 2 of this Act allows an exemption for the
value of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of tax due
from the retailer with respect to such transaction; the amount of tax
collected from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that particular
instance, if that is claimed to be the fact); the place and date of the
sale, a sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later than 20
days after the date of delivery of the item that is being sold, but may
be filed by the retailer at any time sooner than that if he chooses to
do so. The transaction reporting return and tax remittance or proof of
exemption from the tax that is imposed by this Act may be transmitted to
the Department by way of the State agency with which, or State officer
with whom, the tangible personal property must be titled or registered
(if titling or registration is required) if the Department and such
agency or State officer determine that this procedure will expedite the
processing of applications for title or registration.
With each such transaction reporting return, the retailer shall remit
the proper amount of tax due (or shall submit satisfactory evidence that
the sale is not taxable if that is the case), to the Department or its
agents, whereupon the Department shall issue, in the purchaser's name, a
tax receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such purchaser
may submit to the agency with which, or State officer with whom, he must
title or register the tangible personal property that is involved (if
titling or registration is required) in support of such purchaser's
application for an Illinois certificate or other evidence of title or
registration to such tangible personal property.
No retailer's failure or refusal to remit tax under this Act
precludes a user, who has paid the proper tax to the retailer, from
obtaining his certificate of title or other evidence of title or
registration (if titling or registration is required) upon satisfying
the Department that such user has paid the proper tax (if tax is due) to
the retailer. The Department shall adopt appropriate rules to carry out
the mandate of this paragraph.
If the user who would otherwise pay tax to the retailer wants the
transaction reporting return filed and the payment of tax or proof of
exemption made to the Department before the retailer is willing to take
these actions and such user has not paid the tax to the retailer, such
user may certify to the fact of such delay by the retailer, and may
(upon the Department being satisfied of the truth of such certification)
transmit the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to the
Department and obtain his tax receipt or exemption determination, in
which event the transaction reporting return and tax remittance (if a
tax payment was required) shall be credited by the Department to the
proper retailer's account with the Department, but without the 2.1% or 1.75%
discount provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the same
amount and in the same form in which it would be remitted if the tax had
been remitted to the Department by the retailer.
Where a retailer collects the tax with respect to the selling price
of tangible personal property which he sells and the purchaser
thereafter returns such tangible personal property and the retailer
refunds the selling price thereof to the purchaser, such retailer shall
also refund, to the purchaser, the tax so collected from the purchaser.
When filing his return for the period in which he refunds such tax to
the purchaser, the retailer may deduct the amount of the tax so refunded
by him to the purchaser from any other use tax which such retailer may
be required to pay or remit to the Department, as shown by such return,
if the amount of the tax to be deducted was previously remitted to the
Department by such retailer. If the retailer has not previously
remitted the amount of such tax to the Department, he is entitled to no
deduction under this Act upon refunding such tax to the purchaser.
Any retailer filing a return under this Section shall also include
(for the purpose of paying tax thereon) the total tax covered by such
return upon the selling price of tangible personal property purchased by
him at retail from a retailer, but as to which the tax imposed by this
Act was not collected from the retailer filing such return, and such
retailer shall remit the amount of such tax to the Department when
filing such return.
If experience indicates such action to be practicable, the Department
may prescribe and furnish a combination or joint return which will
enable retailers, who are required to file returns hereunder and also
under the Retailers' Occupation Tax Act, to furnish all the return
information required by both Acts on the one form.
Where the retailer has more than one business registered with the
Department under separate registration under this Act, such retailer may
not file each return that is due as a single return covering all such
registered businesses, but shall file separate returns for each such
registered business.
Beginning January 1, 1990, each month the Department shall pay into the
State and Local Sales Tax Reform Fund, a special fund in the State Treasury
which is hereby created, the net revenue realized for the preceding month
from the 1% tax imposed under this Act.
Beginning January 1, 1990, each month the Department shall pay into
the County and Mass Transit District Fund 4% of the net revenue realized
for the preceding month from the 6.25% general rate
on the selling price of tangible personal property which is purchased
outside Illinois at retail from a retailer and which is titled or
registered by an agency of this State's government.
Beginning January 1, 1990, each month the Department shall pay into
the State and Local Sales Tax Reform Fund, a special fund in the State
Treasury, 20% of the net revenue realized
for the preceding month from the 6.25% general rate on the selling
price of tangible personal property, other than (i) tangible personal property
which is purchased outside Illinois at retail from a retailer and which is
titled or registered by an agency of this State's government and (ii) aviation fuel sold on or after December 1, 2019. This exception for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
For aviation fuel sold on or after December 1, 2019, each month the Department shall pay into the State Aviation Program Fund 20% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of aviation fuel, less an amount estimated by the Department to be required for refunds of the 20% portion of the tax on aviation fuel under this Act, which amount shall be deposited into the Aviation Fuel Sales Tax Refund Fund. The Department shall only pay moneys into the State Aviation Program Fund and the Aviation Fuels Sales Tax Refund Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
Beginning August 1, 2000, each
month the Department shall pay into the
State and Local Sales Tax Reform Fund 100% of the net revenue realized for the
preceding month from the 1.25% rate on the selling price of motor fuel and
gasohol. If, in any month, the tax on sales tax holiday items, as defined in Section 3-6, is imposed at the rate of 1.25%, then the Department shall pay 100% of the net revenue realized for that month from the 1.25% rate on the selling price of sales tax holiday items into the
State and Local Sales Tax Reform Fund.
Beginning January 1, 1990, each month the Department shall pay into
the Local Government Tax Fund 16% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling price of
tangible personal property which is purchased outside Illinois at retail
from a retailer and which is titled or registered by an agency of this
State's government.
Beginning October 1, 2009, each month the Department shall pay into the Capital Projects Fund an amount that is equal to an amount estimated by the Department to represent 80% of the net revenue realized for the preceding month from the sale of candy, grooming and hygiene products, and soft drinks that had been taxed at a rate of 1% prior to September 1, 2009 but that are now taxed at 6.25%.
Beginning July 1, 2011, each
month the Department shall pay into the Clean Air Act Permit Fund 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling price of sorbents used in Illinois in the process of sorbent injection as used to comply with the Environmental Protection Act or the federal Clean Air Act, but the total payment into the Clean Air Act Permit Fund under this Act and the Retailers' Occupation Tax Act shall not exceed $2,000,000 in any fiscal year.
Beginning July 1, 2013, each month the Department shall pay into the Underground Storage Tank Fund from the proceeds collected under this Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act an amount equal to the average monthly deficit in the Underground Storage Tank Fund during the prior year, as certified annually by the Illinois Environmental Protection Agency, but the total payment into the Underground Storage Tank Fund under this Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act shall not exceed $18,000,000 in any State fiscal year. As used in this paragraph, the "average monthly deficit" shall be equal to the difference between the average monthly claims for payment by the fund and the average monthly revenues deposited into the fund, excluding payments made pursuant to this paragraph.
Beginning July 1, 2015, of the remainder of the moneys received by the Department under this Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act, each month the Department shall deposit $500,000 into the State Crime Laboratory Fund.
Of the remainder of the moneys received by the Department pursuant to
this Act, (a) 1.75% thereof shall be paid
into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the
moneys received by the Department and required to be paid into the Build
Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use
Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case may be, of moneys being hereinafter called the "Tax Act Amount",
and (2) the amount transferred to the Build Illinois Fund from the State
and Local Sales Tax Reform Fund shall be less than the Annual Specified
Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an
amount equal to the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department pursuant to the
Tax Acts; and further provided, that if on the last business day of any
month the sum of (1) the Tax Act Amount required to be deposited into the
Build Illinois Bond Account in the Build Illinois Fund during such month
and (2) the amount transferred during such month to the Build Illinois Fund
from the State and Local Sales Tax Reform Fund shall have been less than
1/12 of the Annual Specified Amount, an amount equal to the difference
shall be immediately paid into the Build Illinois Fund from other moneys
received by the Department pursuant to the Tax Acts; and,
further provided, that in no event shall the payments required under the
preceding proviso result in aggregate payments into the Build Illinois Fund
pursuant to this clause (b) for any fiscal year in excess of the greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such
fiscal year; and, further provided, that the amounts payable into the Build
Illinois Fund under this clause (b) shall be payable only until such time
as the aggregate amount on deposit under each trust
indenture securing Bonds issued and outstanding pursuant to the Build
Illinois Bond Act is sufficient, taking into account any future investment
income, to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if any, and
interest on the Bonds secured by such indenture and on any Bonds expected
to be issued thereafter and all fees and costs payable with respect thereto,
all as certified by the Director of the
Bureau of the Budget (now Governor's Office of Management and Budget). If
on the last
business day of any month in which Bonds are outstanding pursuant to the
Build Illinois Bond Act, the aggregate of the moneys deposited
in the Build Illinois Bond Account in the Build Illinois Fund in such month
shall be less than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond Retirement and
Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an
amount equal to such deficiency shall be immediately paid
from other moneys received by the Department pursuant to the Tax Acts
to the Build Illinois Fund; provided, however, that any amounts paid to the
Build Illinois Fund in any fiscal year pursuant to this sentence shall be
deemed to constitute payments pursuant to clause (b) of the preceding
sentence and shall reduce the amount otherwise payable for such fiscal year
pursuant to clause (b) of the preceding sentence. The moneys received by
the Department pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge set forth
in Section 12 of the Build Illinois Bond Act.
Subject to payment of amounts into the Build Illinois Fund as provided in
the preceding paragraph or in any amendment thereto hereafter enacted, the
following specified monthly installment of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and Exposition
Authority provided under Section 8.25f of the State Finance Act, but not in
excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, Section 9 of the Service
Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into
the McCormick Place Expansion Project Fund in the specified fiscal years.
|
Beginning July 20, 1993 and in each month of each fiscal year thereafter,
one-eighth of the amount requested in the certificate of the Chairman of
the Metropolitan Pier and Exposition Authority for that fiscal year, less
the amount deposited into the McCormick Place Expansion Project Fund by the
State Treasurer in the respective month under subsection (g) of Section 13
of the Metropolitan Pier and Exposition Authority Act, plus cumulative
deficiencies in the deposits required under this Section for previous
months and years, shall be deposited into the McCormick Place Expansion
Project Fund, until the full amount requested for the fiscal year, but not
in excess of the amount specified above as "Total Deposit", has been deposited.
Subject to payment of amounts into the Capital Projects Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, for aviation fuel sold on or after December 1, 2019, the Department shall each month deposit into the Aviation Fuel Sales Tax Refund Fund an amount estimated by the Department to be required for refunds of the 80% portion of the tax on aviation fuel under this Act. The Department shall only deposit moneys into the Aviation Fuel Sales Tax Refund Fund under this paragraph for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
Subject to payment of amounts into the Build Illinois Fund and the
McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or
in any amendments thereto
hereafter enacted,
beginning July 1, 1993 and ending on September 30, 2013, the Department shall each month pay into the Illinois
Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding
month from the 6.25% general rate on the selling price of tangible personal
property.
Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, the Illinois Tax Increment Fund, and the Energy Infrastructure Fund pursuant to the preceding paragraphs or in any amendments to this Section hereafter enacted, beginning on the first day of the first calendar month to occur on or after August 26, 2014 (the effective date of Public Act 98-1098), each month, from the collections made under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act, the Department shall pay into the Tax Compliance and Administration Fund, to be used, subject to appropriation, to fund additional auditors and compliance personnel at the Department of Revenue, an amount equal to 1/12 of 5% of 80% of the cash receipts collected during the preceding fiscal year by the Audit Bureau of the Department under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, and associated local occupation and use taxes administered by the Department.
Subject to payments of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, the Illinois Tax Increment Fund, and the Tax Compliance and Administration Fund as provided in this Section, beginning on July 1, 2018 the Department shall pay each month into the Downstate Public Transportation Fund the moneys required to be so paid under Section 2-3 of the Downstate Public Transportation Act.
Subject to successful execution and delivery of a public-private agreement between the public agency and private entity and completion of the civic build, beginning on July 1, 2023, of the remainder of the moneys received by the Department under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and this Act, the Department shall deposit the following specified deposits in the aggregate from collections under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act, as required under Section 8.25g of the State Finance Act for distribution consistent with the Public-Private Partnership for Civic and Transit Infrastructure Project Act. The moneys received by the Department pursuant to this Act and required to be deposited into the Civic and Transit Infrastructure Fund are subject to the pledge, claim, and charge set forth in Section 25-55 of the Public-Private Partnership for Civic and Transit Infrastructure Project Act. As used in this paragraph, "civic build", "private entity", "public-private agreement", and "public agency" have the meanings provided in Section 25-10 of the Public-Private Partnership for Civic and Transit Infrastructure Project Act.
Fiscal Year................................................................................................Total Deposit
2024............................................................................................................$200,000,000
2025............................................................................................................$206,000,000
2026............................................................................................................$212,200,000
2027............................................................................................................$218,500,000
2028............................................................................................................$225,100,000
2029............................................................................................................$288,700,000
2030............................................................................................................$298,900,000
2031............................................................................................................$309,300,000
2032............................................................................................................$320,100,000
2033............................................................................................................$331,200,000
2034............................................................................................................$341,200,000
2035............................................................................................................$351,400,000
2036............................................................................................................$361,900,000
2037............................................................................................................$372,800,000
2038............................................................................................................$384,000,000
2039............................................................................................................$395,500,000
2040............................................................................................................$407,400,000
2041............................................................................................................$419,600,000
2042............................................................................................................$432,200,000
2043............................................................................................................$445,100,000
Beginning July 1, 2021 and until July 1, 2022, subject to the payment of amounts into the State and Local Sales Tax Reform Fund, the Build Illinois Fund, the McCormick Place Expansion Project Fund, the Illinois Tax Increment Fund, and the Tax Compliance and Administration Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to represent 16% of the net revenue realized from the taxes imposed on motor fuel and gasohol. Beginning July 1, 2022 and until July 1, 2023, subject to the payment of amounts into the State and Local Sales Tax Reform Fund, the Build Illinois Fund, the McCormick Place Expansion Project Fund, the Illinois Tax Increment Fund, and the Tax Compliance and Administration Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to represent 32% of the net revenue realized from the taxes imposed on motor fuel and gasohol. Beginning July 1, 2023 and until July 1, 2024, subject to the payment of amounts into the State and Local Sales Tax Reform Fund, the Build Illinois Fund, the McCormick Place Expansion Project Fund, the Illinois Tax Increment Fund, and the Tax Compliance and Administration Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to represent 48% of the net revenue realized from the taxes imposed on motor fuel and gasohol. Beginning July 1, 2024 and until July 1, 2025, subject to the payment of amounts into the State and Local Sales Tax Reform Fund, the Build Illinois Fund, the McCormick Place Expansion Project Fund, the Illinois Tax Increment Fund, and the Tax Compliance and Administration Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to represent 64% of the net revenue realized from the taxes imposed on motor fuel and gasohol. Beginning on July 1, 2025, subject to the payment of amounts into the State and Local Sales Tax Reform Fund, the Build Illinois Fund, the McCormick Place Expansion Project Fund, the Illinois Tax Increment Fund, and the Tax Compliance and Administration Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to represent 80% of the net revenue realized from the taxes imposed on motor fuel and gasohol. As used in this paragraph "motor fuel" has the meaning given to that term in Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the meaning given to that term in Section 3-40 of this Act.
Of the remainder of the moneys received by the Department pursuant
to this Act, 75% thereof shall be paid into the State Treasury and 25%
shall be reserved in a special account and used only for the transfer to
the Common School Fund as part of the monthly transfer from the General
Revenue Fund in accordance with Section 8a of the State
Finance Act.
As soon as possible after the first day of each month, upon certification
of the Department of Revenue, the Comptroller shall order transferred and
the Treasurer shall transfer from the General Revenue Fund to the Motor
Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized
under this Act for the second preceding month.
Beginning April 1, 2000, this transfer is no longer required
and shall not be made.
Net revenue realized for a month shall be the revenue collected
by the State pursuant to this Act, less the amount paid out during that
month as refunds to taxpayers for overpayment of liability.
For greater simplicity of administration, manufacturers, importers
and wholesalers whose products are sold at retail in Illinois by
numerous retailers, and who wish to do so, may assume the responsibility
for accounting and paying to the Department all tax accruing under this
Act with respect to such sales, if the retailers who are affected do not
make written objection to the Department to this arrangement.
(Source: P.A. 102-700, Article 60, Section 60-15, eff. 4-19-22; 102-700, Article 65, Section 65-5, eff. 4-19-22; 102-1019, eff. 1-1-23; 103-154, eff. 6-30-23; 103-363, eff. 7-28-23.)
|