|
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3076 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
| 30 ILCS 105/6z-18 | from Ch. 127, par. 142z-18 | 30 ILCS 105/6z-20 | from Ch. 127, par. 142z-20 | 35 ILCS 105/3-10 | | 35 ILCS 120/2-10 | |
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Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, from August 2, 2019 through August 11, 2019, the tax imposed under the Acts on clothing and school supplies shall be at the rate of 1.25% (instead of 6.25%). Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Finance Act is amended by changing |
5 | | Sections 6z-18 and 6z-20 as follows:
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6 | | (30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
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7 | | Sec. 6z-18. Local Government Tax Fund. A portion of the |
8 | | money paid into the Local Government Tax
Fund from sales of |
9 | | tangible personal property taxed at the 1% rate under the |
10 | | Retailers' Occupation Tax Act and the Service Occupation Tax |
11 | | Act,
which occurred in municipalities, shall be distributed to |
12 | | each municipality
based upon the sales which occurred in that |
13 | | municipality. The remainder
shall be distributed to each county |
14 | | based upon the sales which occurred in
the unincorporated area |
15 | | of that county.
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16 | | A portion of the money paid into the Local Government Tax |
17 | | Fund from the
6.25% general use tax rate on the selling price |
18 | | of tangible personal
property which is purchased outside |
19 | | Illinois at retail from a retailer and
which is titled or |
20 | | registered by any agency of this State's government
shall be |
21 | | distributed to municipalities as provided in this paragraph. |
22 | | Each
municipality shall receive the amount attributable to |
23 | | sales for which
Illinois addresses for titling or registration |
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1 | | purposes are given as being
in such municipality. The remainder |
2 | | of the money paid into the Local
Government Tax Fund from such |
3 | | sales shall be distributed to counties. Each
county shall |
4 | | receive the amount attributable to sales for which Illinois
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5 | | addresses for titling or registration purposes are given as |
6 | | being located
in the unincorporated area of such county.
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7 | | A portion of the money paid into the Local Government Tax |
8 | | Fund from the
6.25% general rate (and, beginning July 1, 2000 |
9 | | and through December 31,
2000, the 1.25% rate on motor fuel and |
10 | | gasohol, and beginning on August 6, 2010 through August 15, |
11 | | 2010, and beginning again from August 2, 2019 through August |
12 | | 11, 2019, the 1.25% rate on sales tax holiday items) on sales
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13 | | subject to taxation under the Retailers'
Occupation Tax Act and |
14 | | the Service Occupation Tax Act, which occurred in
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15 | | municipalities, shall be distributed to each municipality, |
16 | | based upon the
sales which occurred in that municipality. The |
17 | | remainder shall be
distributed to each county, based upon the |
18 | | sales which occurred in the
unincorporated area of such county.
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19 | | For the purpose of determining allocation to the local |
20 | | government unit, a
retail sale by a producer of coal or other |
21 | | mineral mined in Illinois is a sale
at retail at the place |
22 | | where the coal or other mineral mined in Illinois is
extracted |
23 | | from the earth. This paragraph does not apply to coal or other
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24 | | mineral when it is delivered or shipped by the seller to the |
25 | | purchaser at a
point outside Illinois so that the sale is |
26 | | exempt under the United States
Constitution as a sale in |
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1 | | interstate or foreign commerce.
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2 | | Whenever the Department determines that a refund of money |
3 | | paid into
the Local Government Tax Fund should be made to a |
4 | | claimant instead of
issuing a credit memorandum, the Department |
5 | | shall notify the State
Comptroller, who shall cause the order |
6 | | to be drawn for the amount
specified, and to the person named, |
7 | | in such notification from the
Department. Such refund shall be |
8 | | paid by the State Treasurer out of the
Local Government Tax |
9 | | Fund.
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10 | | As soon as possible after the first day of each month, |
11 | | beginning January 1, 2011, upon certification of the Department |
12 | | of Revenue, the Comptroller shall order transferred, and the |
13 | | Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
14 | | local sales tax increment, as defined in the Innovation |
15 | | Development and Economy Act, collected during the second |
16 | | preceding calendar month for sales within a STAR bond district |
17 | | and deposited into the Local Government Tax Fund, less 3% of |
18 | | that amount, which shall be transferred into the Tax Compliance |
19 | | and Administration Fund and shall be used by the Department, |
20 | | subject to appropriation, to cover the costs of the Department |
21 | | in administering the Innovation Development and Economy Act. |
22 | | After the monthly transfer to the STAR Bonds Revenue Fund, |
23 | | on or before the 25th day of each calendar month, the |
24 | | Department shall
prepare and certify to the Comptroller the |
25 | | disbursement of stated sums of
money to named municipalities |
26 | | and counties, the municipalities and counties
to be those |
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1 | | entitled to distribution of taxes or penalties paid to the
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2 | | Department during the second preceding calendar month. The |
3 | | amount to be
paid to each municipality or county shall be the |
4 | | amount (not including
credit memoranda) collected during the |
5 | | second preceding calendar month by
the Department and paid into |
6 | | the Local Government Tax Fund, plus an amount
the Department |
7 | | determines is necessary to offset any amounts which were
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8 | | erroneously paid to a different taxing body, and not including |
9 | | an amount
equal to the amount of refunds made during the second |
10 | | preceding calendar
month by the Department, and not including |
11 | | any amount which the Department
determines is necessary to |
12 | | offset any amounts which are payable to a
different taxing body |
13 | | but were erroneously paid to the municipality or
county, and |
14 | | not including any amounts that are transferred to the STAR |
15 | | Bonds Revenue Fund. Within 10 days after receipt, by the |
16 | | Comptroller, of the
disbursement certification to the |
17 | | municipalities and counties, provided for
in this Section to be |
18 | | given to the Comptroller by the Department, the
Comptroller |
19 | | shall cause the orders to be drawn for the respective amounts
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20 | | in accordance with the directions contained in such |
21 | | certification.
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22 | | When certifying the amount of monthly disbursement to a |
23 | | municipality or
county under this Section, the Department shall |
24 | | increase or decrease that
amount by an amount necessary to |
25 | | offset any misallocation of previous
disbursements. The offset |
26 | | amount shall be the amount erroneously disbursed
within the 6 |
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1 | | months preceding the time a misallocation is discovered.
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2 | | The provisions directing the distributions from the |
3 | | special fund in
the State Treasury provided for in this Section |
4 | | shall constitute an
irrevocable and continuing appropriation |
5 | | of all amounts as provided herein.
The State Treasurer and |
6 | | State Comptroller are hereby authorized to make
distributions |
7 | | as provided in this Section.
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8 | | In construing any development, redevelopment, annexation, |
9 | | preannexation
or other lawful agreement in effect prior to |
10 | | September 1, 1990, which
describes or refers to receipts from a |
11 | | county or municipal retailers'
occupation tax, use tax or |
12 | | service occupation tax which now cannot be
imposed, such |
13 | | description or reference shall be deemed to include the
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14 | | replacement revenue for such abolished taxes, distributed from |
15 | | the Local
Government Tax Fund.
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16 | | As soon as possible after the effective date of this |
17 | | amendatory Act of the 98th General Assembly, the State |
18 | | Comptroller shall order and the State Treasurer shall transfer |
19 | | $6,600,000 from the Local Government Tax Fund to the Illinois |
20 | | State Medical Disciplinary Fund. |
21 | | (Source: P.A. 100-1171, eff. 1-4-19.)
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22 | | (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
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23 | | Sec. 6z-20. County and Mass Transit District Fund. Of the |
24 | | money received from the 6.25% general rate (and,
beginning July |
25 | | 1, 2000 and through December 31, 2000, the
1.25% rate on motor |
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1 | | fuel and gasohol, and beginning on August 6, 2010 through |
2 | | August 15, 2010, and beginning again from August 2, 2019 |
3 | | through August 11, 2019, the 1.25% rate on sales tax holiday |
4 | | items) on sales
subject to taxation under the Retailers' |
5 | | Occupation Tax Act and Service
Occupation Tax Act and paid into |
6 | | the County and Mass Transit District Fund,
distribution to the |
7 | | Regional Transportation Authority tax fund, created
pursuant |
8 | | to Section 4.03 of the Regional Transportation Authority Act, |
9 | | for
deposit therein shall be made based upon the retail sales |
10 | | occurring in a
county having more than 3,000,000 inhabitants. |
11 | | The remainder shall be
distributed to each county having |
12 | | 3,000,000 or fewer inhabitants based upon
the retail sales |
13 | | occurring in each such county.
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14 | | For the purpose of determining allocation to the local |
15 | | government unit, a
retail sale by a producer of coal or other |
16 | | mineral mined in Illinois is a sale
at retail at the place |
17 | | where the coal or other mineral mined in Illinois is
extracted |
18 | | from the earth. This paragraph does not apply to coal or other
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19 | | mineral when it is delivered or shipped by the seller to the |
20 | | purchaser at a
point outside Illinois so that the sale is |
21 | | exempt under the United States
Constitution as a sale in |
22 | | interstate or foreign commerce.
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23 | | Of the money received from the 6.25% general use tax rate |
24 | | on tangible
personal property which is purchased outside |
25 | | Illinois at retail from a
retailer and which is titled or |
26 | | registered by any agency of this State's
government and paid |
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1 | | into the County and Mass Transit District Fund, the
amount for |
2 | | which Illinois addresses for titling or registration purposes
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3 | | are given as being in each county having more than 3,000,000 |
4 | | inhabitants
shall be distributed into the Regional |
5 | | Transportation Authority tax fund,
created pursuant to Section |
6 | | 4.03 of the Regional Transportation Authority
Act. The |
7 | | remainder of the money paid from such sales shall be |
8 | | distributed
to each county based on sales for which Illinois |
9 | | addresses for titling or
registration purposes are given as |
10 | | being located in the county. Any money
paid into the Regional |
11 | | Transportation Authority Occupation and Use Tax
Replacement |
12 | | Fund from the County and Mass Transit District Fund prior to
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13 | | January 14, 1991, which has not been paid to the Authority |
14 | | prior to that
date, shall be transferred to the Regional |
15 | | Transportation Authority tax fund.
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16 | | Whenever the Department determines that a refund of money |
17 | | paid into
the County and Mass Transit District Fund should be |
18 | | made to a claimant
instead of issuing a credit memorandum, the |
19 | | Department shall notify the
State Comptroller, who shall cause |
20 | | the order to be drawn for the amount
specified, and to the |
21 | | person named, in such notification from the
Department. Such |
22 | | refund shall be paid by the State Treasurer out of the
County |
23 | | and Mass Transit District Fund.
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24 | | As soon as possible after the first day of each month, |
25 | | beginning January 1, 2011, upon certification of the Department |
26 | | of Revenue, the Comptroller shall order transferred, and the |
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1 | | Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
2 | | local sales tax increment, as defined in the Innovation |
3 | | Development and Economy Act, collected during the second |
4 | | preceding calendar month for sales within a STAR bond district |
5 | | and deposited into the County and Mass Transit District Fund, |
6 | | less 3% of that amount, which shall be transferred into the Tax |
7 | | Compliance and Administration Fund and shall be used by the |
8 | | Department, subject to appropriation, to cover the costs of the |
9 | | Department in administering the Innovation Development and |
10 | | Economy Act. |
11 | | After the monthly transfer to the STAR Bonds Revenue Fund, |
12 | | on or before the 25th day of each calendar month, the |
13 | | Department shall
prepare and certify to the Comptroller the |
14 | | disbursement of stated sums of
money to the Regional |
15 | | Transportation Authority and to named counties, the
counties to |
16 | | be those entitled to distribution, as hereinabove provided, of
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17 | | taxes or penalties paid to the Department during the second |
18 | | preceding
calendar month. The amount to be paid to the Regional |
19 | | Transportation
Authority and each county having 3,000,000 or |
20 | | fewer inhabitants shall be
the amount (not including credit |
21 | | memoranda) collected during the second
preceding calendar |
22 | | month by the Department and paid into the County and
Mass |
23 | | Transit District Fund, plus an amount the Department determines |
24 | | is
necessary to offset any amounts which were erroneously paid |
25 | | to a different
taxing body, and not including an amount equal |
26 | | to the amount of refunds
made during the second preceding |
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1 | | calendar month by the Department, and not
including any amount |
2 | | which the Department determines is necessary to offset
any |
3 | | amounts which were payable to a different taxing body but were
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4 | | erroneously paid to the Regional Transportation Authority or |
5 | | county, and not including any amounts that are transferred to |
6 | | the STAR Bonds Revenue Fund, less 1.5% of the amount to be paid |
7 | | to the Regional Transportation Authority, which shall be |
8 | | transferred into the Tax Compliance and Administration Fund. |
9 | | The Department, at the time of each monthly disbursement to the |
10 | | Regional Transportation Authority, shall prepare and certify |
11 | | to the State Comptroller the amount to be transferred into the |
12 | | Tax Compliance and Administration Fund under this Section.
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13 | | Within 10 days after receipt, by the Comptroller, of the |
14 | | disbursement
certification to the Regional Transportation |
15 | | Authority, counties, and the Tax Compliance and Administration |
16 | | Fund
provided for in this Section to be given to the |
17 | | Comptroller by the
Department, the Comptroller shall cause the |
18 | | orders to be drawn for the
respective amounts in accordance |
19 | | with the directions contained in such
certification.
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20 | | When certifying the amount of a monthly disbursement to the |
21 | | Regional
Transportation Authority or to a county under this |
22 | | Section, the Department
shall increase or decrease that amount |
23 | | by an amount necessary to offset any
misallocation of previous |
24 | | disbursements. The offset amount shall be the
amount |
25 | | erroneously disbursed within the 6 months preceding the time a
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26 | | misallocation is discovered.
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1 | | The provisions directing the distributions from the |
2 | | special fund in
the State Treasury provided for in this Section |
3 | | and from the Regional
Transportation Authority tax fund created |
4 | | by Section 4.03 of the Regional
Transportation Authority Act |
5 | | shall constitute an irrevocable and continuing
appropriation |
6 | | of all amounts as provided herein. The State Treasurer and
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7 | | State Comptroller are hereby authorized to make distributions |
8 | | as provided
in this Section.
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9 | | In construing any development, redevelopment, annexation, |
10 | | preannexation
or other lawful agreement in effect prior to |
11 | | September 1, 1990, which
describes or refers to receipts from a |
12 | | county or municipal retailers'
occupation tax, use tax or |
13 | | service occupation tax which now cannot be
imposed, such |
14 | | description or reference shall be deemed to include the
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15 | | replacement revenue for such abolished taxes, distributed from |
16 | | the County
and Mass Transit District Fund or Local Government |
17 | | Distributive Fund, as
the case may be.
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18 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
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19 | | Section 10. The Use Tax Act is amended by changing Section |
20 | | 3-10 as follows:
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21 | | (35 ILCS 105/3-10)
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22 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this |
23 | | Section, the tax
imposed by this Act is at the rate of 6.25% of |
24 | | either the selling price or the
fair market value, if any, of |
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1 | | the tangible personal property. In all cases
where property |
2 | | functionally used or consumed is the same as the property that
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3 | | was purchased at retail, then the tax is imposed on the selling |
4 | | price of the
property. In all cases where property functionally |
5 | | used or consumed is a
by-product or waste product that has been |
6 | | refined, manufactured, or produced
from property purchased at |
7 | | retail, then the tax is imposed on the lower of the
fair market |
8 | | value, if any, of the specific property so used in this State |
9 | | or on
the selling price of the property purchased at retail. |
10 | | For purposes of this
Section "fair market value" means the |
11 | | price at which property would change
hands between a willing |
12 | | buyer and a willing seller, neither being under any
compulsion |
13 | | to buy or sell and both having reasonable knowledge of the
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14 | | relevant facts. The fair market value shall be established by |
15 | | Illinois sales by
the taxpayer of the same property as that |
16 | | functionally used or consumed, or if
there are no such sales by |
17 | | the taxpayer, then comparable sales or purchases of
property of |
18 | | like kind and character in Illinois.
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19 | | Beginning on July 1, 2000 and through December 31, 2000, |
20 | | with respect to
motor fuel, as defined in Section 1.1 of the |
21 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
22 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
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23 | | Beginning on August 6, 2010 through August 15, 2010, and |
24 | | beginning again from August 2, 2019 through August 11, 2019, |
25 | | with respect to sales tax holiday items as defined in Section |
26 | | 3-6 of this Act, the
tax is imposed at the rate of 1.25%. |
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1 | | With respect to gasohol, the tax imposed by this Act |
2 | | applies to (i) 70%
of the proceeds of sales made on or after |
3 | | January 1, 1990, and before
July 1, 2003, (ii) 80% of the |
4 | | proceeds of sales made
on or after July 1, 2003 and on or |
5 | | before July 1, 2017, and (iii) 100% of the proceeds of sales |
6 | | made
thereafter.
If, at any time, however, the tax under this |
7 | | Act on sales of gasohol is
imposed at the
rate of 1.25%, then |
8 | | the tax imposed by this Act applies to 100% of the proceeds
of |
9 | | sales of gasohol made during that time.
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10 | | With respect to majority blended ethanol fuel, the tax |
11 | | imposed by this Act
does
not apply
to the proceeds of sales |
12 | | made on or after July 1, 2003 and on or before
December 31, |
13 | | 2023 but applies to 100% of the proceeds of sales made |
14 | | thereafter.
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15 | | With respect to biodiesel blends with no less than 1% and |
16 | | no more than 10%
biodiesel, the tax imposed by this Act applies |
17 | | to (i) 80% of the
proceeds of sales made on or after July 1, |
18 | | 2003 and on or before December 31, 2018
and (ii) 100% of the |
19 | | proceeds of sales made
thereafter.
If, at any time, however, |
20 | | the tax under this Act on sales of biodiesel blends
with no |
21 | | less than 1% and no more than 10% biodiesel
is imposed at the |
22 | | rate of
1.25%, then the
tax imposed by this Act applies to 100% |
23 | | of the proceeds of sales of biodiesel
blends with no less than |
24 | | 1% and no more than 10% biodiesel
made
during that time.
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25 | | With respect to 100% biodiesel and biodiesel blends with |
26 | | more than 10%
but no more than 99% biodiesel, the tax imposed |
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1 | | by this Act does not apply to
the
proceeds of sales made on or |
2 | | after July 1, 2003 and on or before
December 31, 2023 but |
3 | | applies to 100% of the proceeds of sales made
thereafter.
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4 | | With respect to food for human consumption that is to be |
5 | | consumed off the
premises where it is sold (other than |
6 | | alcoholic beverages, soft drinks, and
food that has been |
7 | | prepared for immediate consumption) and prescription and
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8 | | nonprescription medicines, drugs, medical appliances, products |
9 | | classified as Class III medical devices by the United States |
10 | | Food and Drug Administration that are used for cancer treatment |
11 | | pursuant to a prescription, as well as any accessories and |
12 | | components related to those devices, modifications to a motor
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13 | | vehicle for the purpose of rendering it usable by a person with |
14 | | a disability, and
insulin, urine testing materials, syringes, |
15 | | and needles used by diabetics, for
human use, the tax is |
16 | | imposed at the rate of 1%. For the purposes of this
Section, |
17 | | until September 1, 2009: the term "soft drinks" means any |
18 | | complete, finished, ready-to-use,
non-alcoholic drink, whether |
19 | | carbonated or not, including but not limited to
soda water, |
20 | | cola, fruit juice, vegetable juice, carbonated water, and all |
21 | | other
preparations commonly known as soft drinks of whatever |
22 | | kind or description that
are contained in any closed or sealed |
23 | | bottle, can, carton, or container,
regardless of size; but |
24 | | "soft drinks" does not include coffee, tea, non-carbonated
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25 | | water, infant formula, milk or milk products as defined in the |
26 | | Grade A
Pasteurized Milk and Milk Products Act, or drinks |
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1 | | containing 50% or more
natural fruit or vegetable juice.
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2 | | Notwithstanding any other provisions of this
Act, |
3 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
4 | | beverages that contain natural or artificial sweeteners. "Soft |
5 | | drinks" do not include beverages that contain milk or milk |
6 | | products, soy, rice or similar milk substitutes, or greater |
7 | | than 50% of vegetable or fruit juice by volume. |
8 | | Until August 1, 2009, and notwithstanding any other |
9 | | provisions of this
Act, "food for human consumption that is to |
10 | | be consumed off the premises where
it is sold" includes all |
11 | | food sold through a vending machine, except soft
drinks and |
12 | | food products that are dispensed hot from a vending machine,
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13 | | regardless of the location of the vending machine. Beginning |
14 | | August 1, 2009, and notwithstanding any other provisions of |
15 | | this Act, "food for human consumption that is to be consumed |
16 | | off the premises where it is sold" includes all food sold |
17 | | through a vending machine, except soft drinks, candy, and food |
18 | | products that are dispensed hot from a vending machine, |
19 | | regardless of the location of the vending machine.
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20 | | Notwithstanding any other provisions of this
Act, |
21 | | beginning September 1, 2009, "food for human consumption that |
22 | | is to be consumed off the premises where
it is sold" does not |
23 | | include candy. For purposes of this Section, "candy" means a |
24 | | preparation of sugar, honey, or other natural or artificial |
25 | | sweeteners in combination with chocolate, fruits, nuts or other |
26 | | ingredients or flavorings in the form of bars, drops, or |
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1 | | pieces. "Candy" does not include any preparation that contains |
2 | | flour or requires refrigeration. |
3 | | Notwithstanding any other provisions of this
Act, |
4 | | beginning September 1, 2009, "nonprescription medicines and |
5 | | drugs" does not include grooming and hygiene products. For |
6 | | purposes of this Section, "grooming and hygiene products" |
7 | | includes, but is not limited to, soaps and cleaning solutions, |
8 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
9 | | lotions and screens, unless those products are available by |
10 | | prescription only, regardless of whether the products meet the |
11 | | definition of "over-the-counter-drugs". For the purposes of |
12 | | this paragraph, "over-the-counter-drug" means a drug for human |
13 | | use that contains a label that identifies the product as a drug |
14 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
15 | | label includes: |
16 | | (A) A "Drug Facts" panel; or |
17 | | (B) A statement of the "active ingredient(s)" with a |
18 | | list of those ingredients contained in the compound, |
19 | | substance or preparation. |
20 | | Beginning on the effective date of this amendatory Act of |
21 | | the 98th General Assembly, "prescription and nonprescription |
22 | | medicines and drugs" includes medical cannabis purchased from a |
23 | | registered dispensing organization under the Compassionate Use |
24 | | of Medical Cannabis Pilot Program Act. |
25 | | If the property that is purchased at retail from a retailer |
26 | | is acquired
outside Illinois and used outside Illinois before |
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1 | | being brought to Illinois
for use here and is taxable under |
2 | | this Act, the "selling price" on which
the tax is computed |
3 | | shall be reduced by an amount that represents a
reasonable |
4 | | allowance for depreciation for the period of prior out-of-state |
5 | | use.
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6 | | (Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16; |
7 | | 100-22, eff. 7-6-17.)
|
8 | | Section 15. The Retailers' Occupation Tax Act is amended by |
9 | | changing Section 2-10 as follows:
|
10 | | (35 ILCS 120/2-10)
|
11 | | Sec. 2-10. Rate of tax. Unless otherwise provided in this |
12 | | Section,
the tax imposed by this Act is at the rate of 6.25% of |
13 | | gross receipts
from sales of tangible personal property made in |
14 | | the course of business.
|
15 | | Beginning on July 1, 2000 and through December 31, 2000, |
16 | | with respect to
motor fuel, as defined in Section 1.1 of the |
17 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
18 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
19 | | Beginning on August 6, 2010 through August 15, 2010, and |
20 | | beginning again from August 2, 2019 through August 11, 2019, |
21 | | with respect to sales tax holiday items as defined in Section |
22 | | 2-8 of this Act, the
tax is imposed at the rate of 1.25%. |
23 | | Within 14 days after the effective date of this amendatory |
24 | | Act of the 91st
General Assembly, each retailer of motor fuel |
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1 | | and gasohol shall cause the
following notice to be posted in a |
2 | | prominently visible place on each retail
dispensing device that |
3 | | is used to dispense motor
fuel or gasohol in the State of |
4 | | Illinois: "As of July 1, 2000, the State of
Illinois has |
5 | | eliminated the State's share of sales tax on motor fuel and
|
6 | | gasohol through December 31, 2000. The price on this pump |
7 | | should reflect the
elimination of the tax." The notice shall be |
8 | | printed in bold print on a sign
that is no smaller than 4 |
9 | | inches by 8 inches. The sign shall be clearly
visible to |
10 | | customers. Any retailer who fails to post or maintain a |
11 | | required
sign through December 31, 2000 is guilty of a petty |
12 | | offense for which the fine
shall be $500 per day per each |
13 | | retail premises where a violation occurs.
|
14 | | With respect to gasohol, as defined in the Use Tax Act, the |
15 | | tax imposed
by this Act applies to (i) 70% of the proceeds of |
16 | | sales made on or after
January 1, 1990, and before July 1, |
17 | | 2003, (ii) 80% of the proceeds of
sales made on or after July |
18 | | 1, 2003 and on or before July 1, 2017, and (iii) 100% of the |
19 | | proceeds of sales
made thereafter.
If, at any time, however, |
20 | | the tax under this Act on sales of gasohol, as
defined in
the |
21 | | Use Tax Act, is imposed at the rate of 1.25%, then the
tax |
22 | | imposed by this Act applies to 100% of the proceeds of sales of |
23 | | gasohol
made during that time.
|
24 | | With respect to majority blended ethanol fuel, as defined |
25 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
26 | | to the proceeds of sales made on or after
July 1, 2003 and on or |
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1 | | before December 31, 2023 but applies to 100% of the
proceeds of |
2 | | sales made thereafter.
|
3 | | With respect to biodiesel blends, as defined in the Use Tax |
4 | | Act, with no less
than 1% and no
more than 10% biodiesel, the |
5 | | tax imposed by this Act
applies to (i) 80% of the proceeds of |
6 | | sales made on or after July 1, 2003
and on or before December |
7 | | 31, 2018 and (ii) 100% of the
proceeds of sales made |
8 | | thereafter.
If, at any time, however, the tax under this Act on |
9 | | sales of biodiesel blends,
as
defined in the Use Tax Act, with |
10 | | no less than 1% and no more than 10% biodiesel
is imposed at |
11 | | the rate of 1.25%, then the
tax imposed by this Act applies to |
12 | | 100% of the proceeds of sales of biodiesel
blends with no less |
13 | | than 1% and no more than 10% biodiesel
made
during that time.
|
14 | | With respect to 100% biodiesel, as defined in the Use Tax |
15 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
16 | | more than 10% but no more than 99% biodiesel, the tax imposed |
17 | | by this Act
does not apply to the proceeds of sales made on or |
18 | | after July 1, 2003
and on or before December 31, 2023 but |
19 | | applies to 100% of the
proceeds of sales made thereafter.
|
20 | | With respect to food for human consumption that is to be |
21 | | consumed off the
premises where it is sold (other than |
22 | | alcoholic beverages, soft drinks, and
food that has been |
23 | | prepared for immediate consumption) and prescription and
|
24 | | nonprescription medicines, drugs, medical appliances, products |
25 | | classified as Class III medical devices by the United States |
26 | | Food and Drug Administration that are used for cancer treatment |
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1 | | pursuant to a prescription, as well as any accessories and |
2 | | components related to those devices, modifications to a motor
|
3 | | vehicle for the purpose of rendering it usable by a person with |
4 | | a disability, and
insulin, urine testing materials, syringes, |
5 | | and needles used by diabetics, for
human use, the tax is |
6 | | imposed at the rate of 1%. For the purposes of this
Section, |
7 | | until September 1, 2009: the term "soft drinks" means any |
8 | | complete, finished, ready-to-use,
non-alcoholic drink, whether |
9 | | carbonated or not, including but not limited to
soda water, |
10 | | cola, fruit juice, vegetable juice, carbonated water, and all |
11 | | other
preparations commonly known as soft drinks of whatever |
12 | | kind or description that
are contained in any closed or sealed |
13 | | bottle, can, carton, or container,
regardless of size; but |
14 | | "soft drinks" does not include coffee, tea, non-carbonated
|
15 | | water, infant formula, milk or milk products as defined in the |
16 | | Grade A
Pasteurized Milk and Milk Products Act, or drinks |
17 | | containing 50% or more
natural fruit or vegetable juice.
|
18 | | Notwithstanding any other provisions of this
Act, |
19 | | beginning September 1, 2009, "soft drinks" means non-alcoholic |
20 | | beverages that contain natural or artificial sweeteners. "Soft |
21 | | drinks" do not include beverages that contain milk or milk |
22 | | products, soy, rice or similar milk substitutes, or greater |
23 | | than 50% of vegetable or fruit juice by volume. |
24 | | Until August 1, 2009, and notwithstanding any other |
25 | | provisions of this
Act, "food for human consumption that is to |
26 | | be consumed off the premises where
it is sold" includes all |
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1 | | food sold through a vending machine, except soft
drinks and |
2 | | food products that are dispensed hot from a vending machine,
|
3 | | regardless of the location of the vending machine. Beginning |
4 | | August 1, 2009, and notwithstanding any other provisions of |
5 | | this Act, "food for human consumption that is to be consumed |
6 | | off the premises where it is sold" includes all food sold |
7 | | through a vending machine, except soft drinks, candy, and food |
8 | | products that are dispensed hot from a vending machine, |
9 | | regardless of the location of the vending machine.
|
10 | | Notwithstanding any other provisions of this
Act, |
11 | | beginning September 1, 2009, "food for human consumption that |
12 | | is to be consumed off the premises where
it is sold" does not |
13 | | include candy. For purposes of this Section, "candy" means a |
14 | | preparation of sugar, honey, or other natural or artificial |
15 | | sweeteners in combination with chocolate, fruits, nuts or other |
16 | | ingredients or flavorings in the form of bars, drops, or |
17 | | pieces. "Candy" does not include any preparation that contains |
18 | | flour or requires refrigeration. |
19 | | Notwithstanding any other provisions of this
Act, |
20 | | beginning September 1, 2009, "nonprescription medicines and |
21 | | drugs" does not include grooming and hygiene products. For |
22 | | purposes of this Section, "grooming and hygiene products" |
23 | | includes, but is not limited to, soaps and cleaning solutions, |
24 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
25 | | lotions and screens, unless those products are available by |
26 | | prescription only, regardless of whether the products meet the |
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1 | | definition of "over-the-counter-drugs". For the purposes of |
2 | | this paragraph, "over-the-counter-drug" means a drug for human |
3 | | use that contains a label that identifies the product as a drug |
4 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
5 | | label includes: |
6 | | (A) A "Drug Facts" panel; or |
7 | | (B) A statement of the "active ingredient(s)" with a |
8 | | list of those ingredients contained in the compound, |
9 | | substance or preparation.
|
10 | | Beginning on the effective date of this amendatory Act of |
11 | | the 98th General Assembly, "prescription and nonprescription |
12 | | medicines and drugs" includes medical cannabis purchased from a |
13 | | registered dispensing organization under the Compassionate Use |
14 | | of Medical Cannabis Pilot Program Act. |
15 | | (Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16; |
16 | | 100-22, eff. 7-6-17.)
|
17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.
|