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| | HB2415 Engrossed | - 2 - | LRB102 12119 AWJ 17456 b |
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1 | | enforce this Section; to collect all taxes and penalties due |
2 | | hereunder; to dispose of taxes and penalties so collected in |
3 | | the manner hereinafter provided; and to determine all rights |
4 | | to credit memoranda arising on account of the erroneous |
5 | | payment of tax or penalty under this Section. In the |
6 | | administration of and compliance with this Section, the |
7 | | Department of Revenue and persons who are subject to this |
8 | | Section shall have the same rights, remedies, privileges, |
9 | | immunities, powers and duties, and be subject to the same |
10 | | conditions, restrictions, limitations, penalties, and |
11 | | definitions of terms, and employ the same modes of procedure, |
12 | | as are described in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, |
13 | | 1n, 2 through 2-65 (in respect to all provisions therein other |
14 | | than the State rate of tax), 2a, 2b, 2c, 2i, 3 (except as to |
15 | | the disposition of taxes and penalties collected), 4, 5, 5a, |
16 | | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6bb, 6c, 6d, |
17 | | 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation |
18 | | Tax Act and Section 3-7 of the Uniform Penalty and Interest Act |
19 | | as fully as if those provisions were set forth in this Section. |
20 | | (b) Persons subject to any tax imposed under the authority |
21 | | granted in this Section may reimburse themselves for their |
22 | | seller's tax liability hereunder by separately stating that |
23 | | tax as an additional charge, which charge may be stated in |
24 | | combination, in a single amount, with any State tax that |
25 | | sellers are required to collect. |
26 | | (c) Whenever the Department of Revenue determines that a |
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| | HB2415 Engrossed | - 3 - | LRB102 12119 AWJ 17456 b |
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1 | | refund should be made under this Section to a claimant instead |
2 | | of issuing a credit memorandum, the Department of Revenue |
3 | | shall notify the State Comptroller, who shall cause the order |
4 | | to be drawn for the amount specified and to the person named in |
5 | | the notification from the Department of Revenue. |
6 | | (d) The Department of Revenue shall immediately pay over |
7 | | to the State Treasurer, ex officio, as trustee, all taxes and |
8 | | penalties collected hereunder for deposit into the Local |
9 | | Cannabis Retailers' Occupation Tax Trust Fund. |
10 | | (e) On or before the 25th day of each calendar month, the |
11 | | Department of Revenue shall prepare and certify to the |
12 | | Comptroller the amount of money to be disbursed from the Local |
13 | | Cannabis Retailers' Occupation Tax Trust Fund to counties from |
14 | | which retailers have paid taxes or penalties under this |
15 | | Section during the second preceding calendar month. The amount |
16 | | to be paid to each county shall be the amount (not including |
17 | | credit memoranda) collected under this Section from sales made |
18 | | in the county during the second preceding calendar month, plus |
19 | | an amount the Department of Revenue determines is necessary to |
20 | | offset any amounts that were erroneously paid to a different |
21 | | taxing body, and not including an amount equal to the amount of |
22 | | refunds made during the second preceding calendar month by the |
23 | | Department on behalf of such county, and not including any |
24 | | amount that the Department determines is necessary to offset |
25 | | any amounts that were payable to a different taxing body but |
26 | | were erroneously paid to the county, less 1.5% of the |
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1 | | remainder, which the Department shall transfer into the Tax |
2 | | Compliance and Administration Fund. The Department, at the |
3 | | time of each monthly disbursement to the counties, shall |
4 | | prepare and certify the State Comptroller the amount to be |
5 | | transferred into the Tax Compliance and Administration Fund |
6 | | under this Section. Within 10 days after receipt by the |
7 | | Comptroller of the disbursement certification to the counties |
8 | | and the Tax Compliance and Administration Fund provided for in |
9 | | this Section to be given to the Comptroller by the Department, |
10 | | the Comptroller shall cause the orders to be drawn for the |
11 | | respective amounts in accordance with the directions contained |
12 | | in the certification. |
13 | | (f) An ordinance or resolution imposing or discontinuing a |
14 | | tax under this Section or effecting a change in the rate |
15 | | thereof that is adopted on or after June 25, 2019 (the |
16 | | effective date of Public Act 101-27) and for which a certified |
17 | | copy is filed with the Department on or before April 1, 2020 |
18 | | shall be administered and enforced by the Department beginning |
19 | | on July 1, 2020. For ordinances filed with the Department |
20 | | after April 1, 2020, an ordinance or resolution imposing or |
21 | | discontinuing a tax under this Section or effecting a change |
22 | | in the rate thereof shall either (i) be adopted and a certified |
23 | | copy thereof filed with the Department on or before the first |
24 | | day of April, whereupon the Department shall proceed to |
25 | | administer and enforce this Section as of the first day of July |
26 | | next following the adoption and filing; or (ii) be adopted and |
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1 | | a certified copy thereof filed with the Department on or |
2 | | before the first day of October, whereupon the Department |
3 | | shall proceed to administer and enforce this Section as of the |
4 | | first day of January next following the adoption and filing.
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5 | | (g) Notwithstanding any provision in this Section to the |
6 | | contrary, if an ordinance or resolution imposing a tax under |
7 | | this Section was adopted on or before October 1, 2020 and a |
8 | | certified copy thereof was filed with the Department of |
9 | | Revenue on or before November 1, 2020, then the Department |
10 | | shall proceed to administer and enforce this Section as of May |
11 | | 1, 2021 for such ordinances or resolutions. |
12 | | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; |
13 | | 101-593, eff. 12-4-19.)
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14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.
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