(35 ILCS 625/2) (from Ch. 120, par. 1412)
Sec. 2. Definitions. As used in this Section, the following words and
phrases shall have the meanings ascribed herein unless the context
clearly requires otherwise:
"Department" means the Department of Revenue of the State of
Illinois.
"Director" means the Director of Revenue for the Department of
Revenue of the State of Illinois.
"Taxpayer" means a person engaged in the business of distributing,
supplying, furnishing or selling water for use or consumption and not
for resale or distributing, supplying, furnishing or selling water for
use or consumption and providing sewerage disposal service.
"Person" means any natural individual, firm, trust, estate,
partnership, association, joint stock company, joint adventure,
corporation, limited liability company, or a receiver, trustee, conservator
or other representative appointed by order of any court, or any city, town,
county or other political subdivision of this State.
"Water company" means and includes every corporation, company,
association, joint stock company or association, firm, partnership or
individual, their lessees, trustees, or receivers appointed by any court
whatsoever that is regulated by the Illinois Commerce Commission under the Public Utilities Act
and that owns, controls, operates, or manages, within this
State, directly or indirectly, for public use, any plant, equipment or
property used or to be used for or in connection with, or owns or
controls any franchise, license, permit or right to engage in:
(A) the production, storage, transmission, sale, delivery or
furnishing of water; or
(B) the production, storage, transmission, sale, delivery or furnishing of water and the |
"Water company" does not include, however, water companies, as
defined in this Section, that are owned and operated by any political
subdivision or municipal corporation of this State, or owned by such
political subdivision or municipal corporation and operated by any of
its lessees or operating agents, or which are purely mutual concerns,
having no rates or charges for services, but paying the operating
expenses by assessment upon the members of such a company and no other
person.
"Invested capital" means that amount equal to (i) the average of the
balances at the beginning and end of the taxable period of the
taxpayer's total stockholder's equity and total long-term debt, less
investments in and advances to all corporations, as set forth on the
balance sheets included in the taxpayer's annual report to the Illinois
Commerce Commission for the taxable period; (ii) multiplied by a
fraction determined under Sections 301 and 304(a) of the Illinois
Income Tax Act and reported on the Illinois income tax return for the
taxable period ending in or with the taxable period in question.
However, notwithstanding the income tax return reporting requirement stated
above, beginning July 1, 1979, no taxpayer's denominators used to compute
the sales, property or payroll factors under subsection (a) of Section 304
of the Illinois Income Tax Act shall include payroll, property or sales of
any corporate entity other than the taxpayer for the purposes of
determining an allocation for the invested capital tax. Public Act 82-1024 is not intended to and does not make any change in the meaning
of any provision of this Act, it having been the intent of the General
Assembly in initially enacting the definition of "invested capital" to
provide for apportionment of the invested capital of each company, based
solely upon the sales, property and payroll of that company.
"Taxable period" means each period which ends after August 14, 1979
and which is covered by an annual report filed by the
taxpayer with the Illinois Commerce Commission.
(Source: P.A. 100-863, eff. 8-14-18.)
|