HB4151 93RD GENERAL ASSEMBLY

LRB093 16710 SJM 42361 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4151

Introduced 1/21/2004, by Sidney H. Mathias

SYNOPSIS AS INTRODUCED:

35 ILCS 105/9	from Ch. 120, par. 439.9
35 ILCS 110/9	from Ch. 120, par. 439.39
35 ILCS 115/9	from Ch. 120, par. 439.109
35 ILCS 120/3	from Ch. 120, par. 442

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailer's Occupation Tax Act. Provides that 0.4% of the net revenues realized for the preceding month from the State's portion of the general rate of tax imposed under the Acts shall be paid by the Department of Revenue into the Local Government Distributive Fund (reverting to the distribution in place prior to State fiscal year 2003). Effective July 1, 2004.

A BILL FOR

AN ACT in relation to taxes.

Be it enacted by the People of the State of Illinois,represented in the General Assembly:

4		Section 5. The Use Tax Act is amended by changing Section 9
5		as follows:
6		(35 ILCS 105/9) (from Ch. 120, par. 439.9)
7		Sec. 9. Except as to motor vehicles, watercraft, aircraft,
8		and trailers that are required to be registered with an agency
9		of this State, each retailer required or authorized to collect
10		the tax imposed by this Act shall pay to the Department the
11		amount of such tax (except as otherwise provided) at the time
12		when he is required to file his return for the period during
13		which such tax was collected, less a discount of 2.1% prior to
14		January 1, 1990, and 1.75% on and after January 1, 1990, or $5
15		per calendar year, whichever is greater, which is allowed to
16		reimburse the retailer for expenses incurred in collecting the
17		tax, keeping records, preparing and filing returns, remitting
18		the tax and supplying data to the Department on request. In the
19		case of retailers who report and pay the tax on a transaction
20		by transaction basis, as provided in this Section, such
21		discount shall be taken with each such tax remittance instead
22		of when such retailer files his periodic return. A retailer
23		need not remit that part of any tax collected by him to the
24		extent that he is required to remit and does remit the tax
25		imposed by the Retailers' Occupation Tax Act, with respect to
26		the sale of the same property.
27		Where such tangible personal property is sold under a
28		conditional sales contract, or under any other form of sale
29		wherein the payment of the principal sum, or a part thereof, is
30		extended beyond the close of the period for which the return is
31		filed, the retailer, in collecting the tax (except as to motor
32		vehicles, watercraft, aircraft, and trailers that are required

1		to be registered with an agency of this State), may collect for
2		each tax return period, only the tax applicable to that part of
3		the selling price actually received during such tax return
4		period.
5		Except as provided in this Section, on or before the
6		twentieth day of each calendar month, such retailer shall file
7		a return for the preceding calendar month. Such return shall be
8		filed on forms prescribed by the Department and shall furnish
9		such information as the Department may reasonably require.
10		The Department may require returns to be filed on a
11		quarterly basis. If so required, a return for each calendar
12		quarter shall be filed on or before the twentieth day of the
13		calendar month following the end of such calendar quarter. The
14		taxpayer shall also file a return with the Department for each
15		of the first two months of each calendar quarter, on or before
16		the twentieth day of the following calendar month, stating:
17		1. The name of the seller;
18		2. The address of the principal place of business from
19		which he engages in the business of selling tangible
20		personal property at retail in this State;
21		3. The total amount of taxable receipts received by him
22		during the preceding calendar month from sales of tangible
23		personal property by him during such preceding calendar
24		month, including receipts from charge and time sales, but
25		less all deductions allowed by law;
26		4. The amount of credit provided in Section 2d of this
27		Act;
28		5. The amount of tax due;
29		5-5. The signature of the taxpayer; and
30		6. Such other reasonable information as the Department
31		may require.
32		If a taxpayer fails to sign a return within 30 days after
33		the proper notice and demand for signature by the Department,
34		the return shall be considered valid and any amount shown to be
35		due on the return shall be deemed assessed.
36		Beginning October 1, 1993, a taxpayer who has an average

1		monthly tax liability of $150,000 or more shall make all
2		payments required by rules of the Department by electronic
3		funds transfer. Beginning October 1, 1994, a taxpayer who has
4		an average monthly tax liability of $100,000 or more shall make
5		all payments required by rules of the Department by electronic
6		funds transfer. Beginning October 1, 1995, a taxpayer who has
7		an average monthly tax liability of $50,000 or more shall make
8		all payments required by rules of the Department by electronic
9		funds transfer. Beginning October 1, 2000, a taxpayer who has
10		an annual tax liability of $200,000 or more shall make all
11		payments required by rules of the Department by electronic
12		funds transfer. The term "annual tax liability" shall be the
13		sum of the taxpayer's liabilities under this Act, and under all
14		other State and local occupation and use tax laws administered
15		by the Department, for the immediately preceding calendar year.
16		The term "average monthly tax liability" means the sum of the
17		taxpayer's liabilities under this Act, and under all other
18		State and local occupation and use tax laws administered by the
19		Department, for the immediately preceding calendar year
20		divided by 12. Beginning on October 1, 2002, a taxpayer who has
21		a tax liability in the amount set forth in subsection (b) of
22		Section 2505-210 of the Department of Revenue Law shall make
23		all payments required by rules of the Department by electronic
24		funds transfer.
25		Before August 1 of each year beginning in 1993, the
26		Department shall notify all taxpayers required to make payments
27		by electronic funds transfer. All taxpayers required to make
28		payments by electronic funds transfer shall make those payments
29		for a minimum of one year beginning on October 1.
30		Any taxpayer not required to make payments by electronic
31		funds transfer may make payments by electronic funds transfer
32		with the permission of the Department.
33		All taxpayers required to make payment by electronic funds
34		transfer and any taxpayers authorized to voluntarily make
35		payments by electronic funds transfer shall make those payments
36		in the manner authorized by the Department.

1		The Department shall adopt such rules as are necessary to
2		effectuate a program of electronic funds transfer and the
3		requirements of this Section.
4		Before October 1, 2000, if the taxpayer's average monthly
5		tax liability to the Department under this Act, the Retailers'
6		Occupation Tax Act, the Service Occupation Tax Act, the Service
7		Use Tax Act was $10,000 or more during the preceding 4 complete
8		calendar quarters, he shall file a return with the Department
9		each month by the 20th day of the month next following the
10		month during which such tax liability is incurred and shall
11		make payments to the Department on or before the 7th, 15th,
12		22nd and last day of the month during which such liability is
13		incurred. On and after October 1, 2000, if the taxpayer's
14		average monthly tax liability to the Department under this Act,
15		the Retailers' Occupation Tax Act, the Service Occupation Tax
16		Act, and the Service Use Tax Act was $20,000 or more during the
17		preceding 4 complete calendar quarters, he shall file a return
18		with the Department each month by the 20th day of the month
19		next following the month during which such tax liability is
20		incurred and shall make payment to the Department on or before
21		the 7th, 15th, 22nd and last day of the month during which such
22		liability is incurred. If the month during which such tax
23		liability is incurred began prior to January 1, 1985, each
24		payment shall be in an amount equal to 1/4 of the taxpayer's
25		actual liability for the month or an amount set by the
26		Department not to exceed 1/4 of the average monthly liability
27		of the taxpayer to the Department for the preceding 4 complete
28		calendar quarters (excluding the month of highest liability and
29		the month of lowest liability in such 4 quarter period). If the
30		month during which such tax liability is incurred begins on or
31		after January 1, 1985, and prior to January 1, 1987, each
32		payment shall be in an amount equal to 22.5% of the taxpayer's
33		actual liability for the month or 27.5% of the taxpayer's
34		liability for the same calendar month of the preceding year. If
35		the month during which such tax liability is incurred begins on
36		or after January 1, 1987, and prior to January 1, 1988, each

1		payment shall be in an amount equal to 22.5% of the taxpayer's
2		actual liability for the month or 26.25% of the taxpayer's
3		liability for the same calendar month of the preceding year. If
4		the month during which such tax liability is incurred begins on
5		or after January 1, 1988, and prior to January 1, 1989, or
6		begins on or after January 1, 1996, each payment shall be in an
7		amount equal to 22.5% of the taxpayer's actual liability for
8		the month or 25% of the taxpayer's liability for the same
9		calendar month of the preceding year. If the month during which
10		such tax liability is incurred begins on or after January 1,
11		1989, and prior to January 1, 1996, each payment shall be in an
12		amount equal to 22.5% of the taxpayer's actual liability for
13		the month or 25% of the taxpayer's liability for the same
14		calendar month of the preceding year or 100% of the taxpayer's
15		actual liability for the quarter monthly reporting period. The
16		amount of such quarter monthly payments shall be credited
17		against the final tax liability of the taxpayer's return for
18		that month. Before October 1, 2000, once applicable, the
19		requirement of the making of quarter monthly payments to the
20		Department shall continue until such taxpayer's average
21		monthly liability to the Department during the preceding 4
22		complete calendar quarters (excluding the month of highest
23		liability and the month of lowest liability) is less than
24		$9,000, or until such taxpayer's average monthly liability to
25		the Department as computed for each calendar quarter of the 4
26		preceding complete calendar quarter period is less than
27		$10,000. However, if a taxpayer can show the Department that a
28		substantial change in the taxpayer's business has occurred
29		which causes the taxpayer to anticipate that his average
30		monthly tax liability for the reasonably foreseeable future
31		will fall below the $10,000 threshold stated above, then such
32		taxpayer may petition the Department for change in such
33		taxpayer's reporting status. On and after October 1, 2000, once
34		applicable, the requirement of the making of quarter monthly
35		payments to the Department shall continue until such taxpayer's
36		average monthly liability to the Department during the

1		preceding 4 complete calendar quarters (excluding the month of
2		highest liability and the month of lowest liability) is less
3		than $19,000 or until such taxpayer's average monthly liability
4		to the Department as computed for each calendar quarter of the
5		4 preceding complete calendar quarter period is less than
6		$20,000. However, if a taxpayer can show the Department that a
7		substantial change in the taxpayer's business has occurred
8		which causes the taxpayer to anticipate that his average
9		monthly tax liability for the reasonably foreseeable future
10		will fall below the $20,000 threshold stated above, then such
11		taxpayer may petition the Department for a change in such
12		taxpayer's reporting status. The Department shall change such
13		taxpayer's reporting status unless it finds that such change is
14		seasonal in nature and not likely to be long term. If any such
15		quarter monthly payment is not paid at the time or in the
16		amount required by this Section, then the taxpayer shall be
17		liable for penalties and interest on the difference between the
18		minimum amount due and the amount of such quarter monthly
19		payment actually and timely paid, except insofar as the
20		taxpayer has previously made payments for that month to the
21		Department in excess of the minimum payments previously due as
22		provided in this Section. The Department shall make reasonable
23		rules and regulations to govern the quarter monthly payment
24		amount and quarter monthly payment dates for taxpayers who file
25		on other than a calendar monthly basis.
26		If any such payment provided for in this Section exceeds
27		the taxpayer's liabilities under this Act, the Retailers'
28		Occupation Tax Act, the Service Occupation Tax Act and the
29		Service Use Tax Act, as shown by an original monthly return,
30		the Department shall issue to the taxpayer a credit memorandum
31		no later than 30 days after the date of payment, which
32		memorandum may be submitted by the taxpayer to the Department
33		in payment of tax liability subsequently to be remitted by the
34		taxpayer to the Department or be assigned by the taxpayer to a
35		similar taxpayer under this Act, the Retailers' Occupation Tax
36		Act, the Service Occupation Tax Act or the Service Use Tax Act,

1		in accordance with reasonable rules and regulations to be
2		prescribed by the Department, except that if such excess
3		payment is shown on an original monthly return and is made
4		after December 31, 1986, no credit memorandum shall be issued,
5		unless requested by the taxpayer. If no such request is made,
6		the taxpayer may credit such excess payment against tax
7		liability subsequently to be remitted by the taxpayer to the
8		Department under this Act, the Retailers' Occupation Tax Act,
9		the Service Occupation Tax Act or the Service Use Tax Act, in
10		accordance with reasonable rules and regulations prescribed by
11		the Department. If the Department subsequently determines that
12		all or any part of the credit taken was not actually due to the
13		taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
14		be reduced by 2.1% or 1.75% of the difference between the
15		credit taken and that actually due, and the taxpayer shall be
16		liable for penalties and interest on such difference.
17		If the retailer is otherwise required to file a monthly
18		return and if the retailer's average monthly tax liability to
19		the Department does not exceed $200, the Department may
20		authorize his returns to be filed on a quarter annual basis,
21		with the return for January, February, and March of a given
22		year being due by April 20 of such year; with the return for
23		April, May and June of a given year being due by July 20 of such
24		year; with the return for July, August and September of a given
25		year being due by October 20 of such year, and with the return
26		for October, November and December of a given year being due by
27		January 20 of the following year.
28		If the retailer is otherwise required to file a monthly or
29		quarterly return and if the retailer's average monthly tax
30		liability to the Department does not exceed $50, the Department
31		may authorize his returns to be filed on an annual basis, with
32		the return for a given year being due by January 20 of the
33		following year.
34		Such quarter annual and annual returns, as to form and
35		substance, shall be subject to the same requirements as monthly
36		returns.

1		Notwithstanding any other provision in this Act concerning
2		the time within which a retailer may file his return, in the
3		case of any retailer who ceases to engage in a kind of business
4		which makes him responsible for filing returns under this Act,
5		such retailer shall file a final return under this Act with the
6		Department not more than one month after discontinuing such
7		business.
8		In addition, with respect to motor vehicles, watercraft,
9		aircraft, and trailers that are required to be registered with
10		an agency of this State, every retailer selling this kind of
11		tangible personal property shall file, with the Department,
12		upon a form to be prescribed and supplied by the Department, a
13		separate return for each such item of tangible personal
14		property which the retailer sells, except that if, in the same
15		transaction, (i) a retailer of aircraft, watercraft, motor
16		vehicles or trailers transfers more than one aircraft,
17		watercraft, motor vehicle or trailer to another aircraft,
18		watercraft, motor vehicle or trailer retailer for the purpose
19		of resale or (ii) a retailer of aircraft, watercraft, motor
20		vehicles, or trailers transfers more than one aircraft,
21		watercraft, motor vehicle, or trailer to a purchaser for use as
22		a qualifying rolling stock as provided in Section 3-55 of this
23		Act, then that seller may report the transfer of all the
24		aircraft, watercraft, motor vehicles or trailers involved in
25		that transaction to the Department on the same uniform
26		invoice-transaction reporting return form. For purposes of
27		this Section, "watercraft" means a Class 2, Class 3, or Class 4
28		watercraft as defined in Section 3-2 of the Boat Registration
29		and Safety Act, a personal watercraft, or any boat equipped
30		with an inboard motor.
31		The transaction reporting return in the case of motor
32		vehicles or trailers that are required to be registered with an
33		agency of this State, shall be the same document as the Uniform
34		Invoice referred to in Section 5-402 of the Illinois Vehicle
35		Code and must show the name and address of the seller; the name
36		and address of the purchaser; the amount of the selling price

1		including the amount allowed by the retailer for traded-in
2		property, if any; the amount allowed by the retailer for the
3		traded-in tangible personal property, if any, to the extent to
4		which Section 2 of this Act allows an exemption for the value
5		of traded-in property; the balance payable after deducting such
6		trade-in allowance from the total selling price; the amount of
7		tax due from the retailer with respect to such transaction; the
8		amount of tax collected from the purchaser by the retailer on
9		such transaction (or satisfactory evidence that such tax is not
10		due in that particular instance, if that is claimed to be the
11		fact); the place and date of the sale; a sufficient
12		identification of the property sold; such other information as
13		is required in Section 5-402 of the Illinois Vehicle Code, and
14		such other information as the Department may reasonably
15		require.
16		The transaction reporting return in the case of watercraft
17		and aircraft must show the name and address of the seller; the
18		name and address of the purchaser; the amount of the selling
19		price including the amount allowed by the retailer for
20		traded-in property, if any; the amount allowed by the retailer
21		for the traded-in tangible personal property, if any, to the
22		extent to which Section 2 of this Act allows an exemption for
23		the value of traded-in property; the balance payable after
24		deducting such trade-in allowance from the total selling price;
25		the amount of tax due from the retailer with respect to such
26		transaction; the amount of tax collected from the purchaser by
27		the retailer on such transaction (or satisfactory evidence that
28		such tax is not due in that particular instance, if that is
29		claimed to be the fact); the place and date of the sale, a
30		sufficient identification of the property sold, and such other
31		information as the Department may reasonably require.
32		Such transaction reporting return shall be filed not later
33		than 20 days after the date of delivery of the item that is
34		being sold, but may be filed by the retailer at any time sooner
35		than that if he chooses to do so. The transaction reporting
36		return and tax remittance or proof of exemption from the tax

1		that is imposed by this Act may be transmitted to the
2		Department by way of the State agency with which, or State
3		officer with whom, the tangible personal property must be
4		titled or registered (if titling or registration is required)
5		if the Department and such agency or State officer determine
6		that this procedure will expedite the processing of
7		applications for title or registration.
8		With each such transaction reporting return, the retailer
9		shall remit the proper amount of tax due (or shall submit
10		satisfactory evidence that the sale is not taxable if that is
11		the case), to the Department or its agents, whereupon the
12		Department shall issue, in the purchaser's name, a tax receipt
13		(or a certificate of exemption if the Department is satisfied
14		that the particular sale is tax exempt) which such purchaser
15		may submit to the agency with which, or State officer with
16		whom, he must title or register the tangible personal property
17		that is involved (if titling or registration is required) in
18		support of such purchaser's application for an Illinois
19		certificate or other evidence of title or registration to such
20		tangible personal property.
21		No retailer's failure or refusal to remit tax under this
22		Act precludes a user, who has paid the proper tax to the
23		retailer, from obtaining his certificate of title or other
24		evidence of title or registration (if titling or registration
25		is required) upon satisfying the Department that such user has
26		paid the proper tax (if tax is due) to the retailer. The
27		Department shall adopt appropriate rules to carry out the
28		mandate of this paragraph.
29		If the user who would otherwise pay tax to the retailer
30		wants the transaction reporting return filed and the payment of
31		tax or proof of exemption made to the Department before the
32		retailer is willing to take these actions and such user has not
33		paid the tax to the retailer, such user may certify to the fact
34		of such delay by the retailer, and may (upon the Department
35		being satisfied of the truth of such certification) transmit
36		the information required by the transaction reporting return

1		and the remittance for tax or proof of exemption directly to
2		the Department and obtain his tax receipt or exemption
3		determination, in which event the transaction reporting return
4		and tax remittance (if a tax payment was required) shall be
5		credited by the Department to the proper retailer's account
6		with the Department, but without the 2.1% or 1.75% discount
7		provided for in this Section being allowed. When the user pays
8		the tax directly to the Department, he shall pay the tax in the
9		same amount and in the same form in which it would be remitted
10		if the tax had been remitted to the Department by the retailer.
11		Where a retailer collects the tax with respect to the
12		selling price of tangible personal property which he sells and
13		the purchaser thereafter returns such tangible personal
14		property and the retailer refunds the selling price thereof to
15		the purchaser, such retailer shall also refund, to the
16		purchaser, the tax so collected from the purchaser. When filing
17		his return for the period in which he refunds such tax to the
18		purchaser, the retailer may deduct the amount of the tax so
19		refunded by him to the purchaser from any other use tax which
20		such retailer may be required to pay or remit to the
21		Department, as shown by such return, if the amount of the tax
22		to be deducted was previously remitted to the Department by
23		such retailer. If the retailer has not previously remitted the
24		amount of such tax to the Department, he is entitled to no
25		deduction under this Act upon refunding such tax to the
26		purchaser.
27		Any retailer filing a return under this Section shall also
28		include (for the purpose of paying tax thereon) the total tax
29		covered by such return upon the selling price of tangible
30		personal property purchased by him at retail from a retailer,
31		but as to which the tax imposed by this Act was not collected
32		from the retailer filing such return, and such retailer shall
33		remit the amount of such tax to the Department when filing such
34		return.
35		If experience indicates such action to be practicable, the
36		Department may prescribe and furnish a combination or joint

1		return which will enable retailers, who are required to file
2		returns hereunder and also under the Retailers' Occupation Tax
3		Act, to furnish all the return information required by both
4		Acts on the one form.
5		Where the retailer has more than one business registered
6		with the Department under separate registration under this Act,
7		such retailer may not file each return that is due as a single
8		return covering all such registered businesses, but shall file
9		separate returns for each such registered business.
10		Beginning January 1, 1990, each month the Department shall
11		pay into the State and Local Sales Tax Reform Fund, a special
12		fund in the State Treasury which is hereby created, the net
13		revenue realized for the preceding month from the 1% tax on
14		sales of food for human consumption which is to be consumed off
15		the premises where it is sold (other than alcoholic beverages,
16		soft drinks and food which has been prepared for immediate
17		consumption) and prescription and nonprescription medicines,
18		drugs, medical appliances and insulin, urine testing
19		materials, syringes and needles used by diabetics.
20		Beginning January 1, 1990, each month the Department shall
21		pay into the County and Mass Transit District Fund 4% of the
22		net revenue realized for the preceding month from the 6.25%
23		general rate on the selling price of tangible personal property
24		which is purchased outside Illinois at retail from a retailer
25		and which is titled or registered by an agency of this State's
26		government.
27		Beginning January 1, 1990, each month the Department shall
28		pay into the State and Local Sales Tax Reform Fund, a special
29		fund in the State Treasury, 20% of the net revenue realized for
30		the preceding month from the 6.25% general rate on the selling
31		price of tangible personal property, other than tangible
32		personal property which is purchased outside Illinois at retail
33		from a retailer and which is titled or registered by an agency
34		of this State's government.
35		Beginning August 1, 2000, each month the Department shall
36		pay into the State and Local Sales Tax Reform Fund 100% of the

1		net revenue realized for the preceding month from the 1.25%
2		rate on the selling price of motor fuel and gasohol.
3		Beginning January 1, 1990, each month the Department shall
4		pay into the Local Government Tax Fund 16% of the net revenue
5		realized for the preceding month from the 6.25% general rate on
6		the selling price of tangible personal property which is
7		purchased outside Illinois at retail from a retailer and which
8		is titled or registered by an agency of this State's
9		government.
10		Of the remainder of the moneys received by the Department
11		pursuant to this Act, (a) 1.75% thereof shall be paid into the
12		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
13		and after July 1, 1989, 3.8% thereof shall be paid into the
14		Build Illinois Fund; provided, however, that if in any fiscal
15		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
16		may be, of the moneys received by the Department and required
17		to be paid into the Build Illinois Fund pursuant to Section 3
18		of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
19		Act, Section 9 of the Service Use Tax Act, and Section 9 of the
20		Service Occupation Tax Act, such Acts being hereinafter called
21		the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
22		may be, of moneys being hereinafter called the "Tax Act
23		Amount", and (2) the amount transferred to the Build Illinois
24		Fund from the State and Local Sales Tax Reform Fund shall be
25		less than the Annual Specified Amount (as defined in Section 3
26		of the Retailers' Occupation Tax Act), an amount equal to the
27		difference shall be immediately paid into the Build Illinois
28		Fund from other moneys received by the Department pursuant to
29		the Tax Acts; and further provided, that if on the last
30		business day of any month the sum of (1) the Tax Act Amount
31		required to be deposited into the Build Illinois Bond Account
32		in the Build Illinois Fund during such month and (2) the amount
33		transferred during such month to the Build Illinois Fund from
34		the State and Local Sales Tax Reform Fund shall have been less
35		than 1/12 of the Annual Specified Amount, an amount equal to
36		the difference shall be immediately paid into the Build

1		Illinois Fund from other moneys received by the Department
2		pursuant to the Tax Acts; and, further provided, that in no
3		event shall the payments required under the preceding proviso
4		result in aggregate payments into the Build Illinois Fund
5		pursuant to this clause (b) for any fiscal year in excess of
6		the greater of (i) the Tax Act Amount or (ii) the Annual
7		Specified Amount for such fiscal year; and, further provided,
8		that the amounts payable into the Build Illinois Fund under
9		this clause (b) shall be payable only until such time as the
10		aggregate amount on deposit under each trust indenture securing
11		Bonds issued and outstanding pursuant to the Build Illinois
12		Bond Act is sufficient, taking into account any future
13		investment income, to fully provide, in accordance with such
14		indenture, for the defeasance of or the payment of the
15		principal of, premium, if any, and interest on the Bonds
16		secured by such indenture and on any Bonds expected to be
17		issued thereafter and all fees and costs payable with respect
18		thereto, all as certified by the Director of the Bureau of the
19		Budget (now Governor's Office of Management and Budget). If on
20		the last business day of any month in which Bonds are
21		outstanding pursuant to the Build Illinois Bond Act, the
22		aggregate of the moneys deposited in the Build Illinois Bond
23		Account in the Build Illinois Fund in such month shall be less
24		than the amount required to be transferred in such month from
25		the Build Illinois Bond Account to the Build Illinois Bond
26		Retirement and Interest Fund pursuant to Section 13 of the
27		Build Illinois Bond Act, an amount equal to such deficiency
28		shall be immediately paid from other moneys received by the
29		Department pursuant to the Tax Acts to the Build Illinois Fund;
30		provided, however, that any amounts paid to the Build Illinois
31		Fund in any fiscal year pursuant to this sentence shall be
32		deemed to constitute payments pursuant to clause (b) of the
33		preceding sentence and shall reduce the amount otherwise
34		payable for such fiscal year pursuant to clause (b) of the
35		preceding sentence. The moneys received by the Department
36		pursuant to this Act and required to be deposited into the

1		Build Illinois Fund are subject to the pledge, claim and charge
2		set forth in Section 12 of the Build Illinois Bond Act.
3		Subject to payment of amounts into the Build Illinois Fund
4		as provided in the preceding paragraph or in any amendment
5		thereto hereafter enacted, the following specified monthly
6		installment of the amount requested in the certificate of the
7		Chairman of the Metropolitan Pier and Exposition Authority
8		provided under Section 8.25f of the State Finance Act, but not
9		in excess of the sums designated as "Total Deposit", shall be
10		deposited in the aggregate from collections under Section 9 of
11		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
12		9 of the Service Occupation Tax Act, and Section 3 of the
13		Retailers' Occupation Tax Act into the McCormick Place
14		Expansion Project Fund in the specified fiscal years.

19		Beginning July 20, 1993 and in each month of each fiscal
20		year thereafter, one-eighth of the amount requested in the
21		certificate of the Chairman of the Metropolitan Pier and
22		Exposition Authority for that fiscal year, less the amount
23		deposited into the McCormick Place Expansion Project Fund by
24		the State Treasurer in the respective month under subsection
25		(g) of Section 13 of the Metropolitan Pier and Exposition
26		Authority Act, plus cumulative deficiencies in the deposits
27		required under this Section for previous months and years,
28		shall be deposited into the McCormick Place Expansion Project
29		Fund, until the full amount requested for the fiscal year, but
30		not in excess of the amount specified above as "Total Deposit",
31		has been deposited.
32		Subject to payment of amounts into the Build Illinois Fund
33		and the McCormick Place Expansion Project Fund under the
34		preceding paragraphs, each month the Department shall, subject
35		to appropriation, pay into the Local Government Distributive
36		Fund 0.4% of the net revenue realized for the preceding month

1		from the 5% general rate, or 0.4% of 80% of the net revenue
2		realized for the preceding month from the 6.25% general rate,
3		as the case may be, on the selling price of tangible personal
4		property. That amount shall, subject to appropriation, be
5		distributed as provided in Section 2 of the State Revenue
6		Sharing Act. No payments or distributions under this paragraph
7		shall be made if the tax imposed by this Act on photoprocessing
8		products is declared unconstitutional or if the proceeds from
9		that tax are unavailable for distribution because of
10		litigation.
11		Subject to payment of amounts into the Build Illinois Fund,
12		and the McCormick Place Expansion Project Fund, and the Local
13		Government Distributive Fund pursuant to the preceding
14		paragraphs or in any amendments thereto hereafter enacted,
15		beginning July 1, 1993, the Department shall each month pay
16		into the Illinois Tax Increment Fund 0.27% of 80% of the net
17		revenue realized for the preceding month from the 6.25% general
18		rate on the selling price of tangible personal property.
19		Subject to payment of amounts into the Build Illinois Fund,
20		and the McCormick Place Expansion Project Fund, and the Local
21		Government Distributive Fund pursuant to the preceding
22		paragraphs or in any amendments thereto hereafter enacted,
23		beginning with the receipt of the first report of taxes paid by
24		an eligible business and continuing for a 25-year period, the
25		Department shall each month pay into the Energy Infrastructure
26		Fund 80% of the net revenue realized from the 6.25% general
27		rate on the selling price of Illinois-mined coal that was sold
28		to an eligible business. For purposes of this paragraph, the
29		term "eligible business" means a new electric generating
30		facility certified pursuant to Section 605-332 of the
31		Department of Commerce and Economic Opportunity Community
32		Affairs Law of the Civil Administrative Code of Illinois.
33		Of the remainder of the moneys received by the Department
34		pursuant to this Act, 75% thereof shall be paid into the State
35		Treasury and 25% shall be reserved in a special account and
36		used only for the transfer to the Common School Fund as part of

1		the monthly transfer from the General Revenue Fund in
2		accordance with Section 8a of the State Finance Act.
3		As soon as possible after the first day of each month, upon
4		certification of the Department of Revenue, the Comptroller
5		shall order transferred and the Treasurer shall transfer from
6		the General Revenue Fund to the Motor Fuel Tax Fund an amount
7		equal to 1.7% of 80% of the net revenue realized under this Act
8		for the second preceding month. Beginning April 1, 2000, this
9		transfer is no longer required and shall not be made.
10		Net revenue realized for a month shall be the revenue
11		collected by the State pursuant to this Act, less the amount
12		paid out during that month as refunds to taxpayers for
13		overpayment of liability.
14		For greater simplicity of administration, manufacturers,
15		importers and wholesalers whose products are sold at retail in
16		Illinois by numerous retailers, and who wish to do so, may
17		assume the responsibility for accounting and paying to the
18		Department all tax accruing under this Act with respect to such
19		sales, if the retailers who are affected do not make written
20		objection to the Department to this arrangement.
21		(Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101,
22		eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00;
23		91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff. 6-28-01;
24		92-208, eff. 8-2-01; 92-492, eff. 1-1-02; 92-600, eff. 6-28-02;
25		92-651, eff. 7-11-02; revised 10-15-03.)

26		Section 10. The Service Use Tax Act is amended by changing
27		Section 9 as follows:
28		(35 ILCS 110/9) (from Ch. 120, par. 439.39)
29		Sec. 9. Each serviceman required or authorized to collect
30		the tax herein imposed shall pay to the Department the amount
31		of such tax (except as otherwise provided) at the time when he
32		is required to file his return for the period during which such
33		tax was collected, less a discount of 2.1% prior to January 1,
34		1990 and 1.75% on and after January 1, 1990, or $5 per calendar

1		year, whichever is greater, which is allowed to reimburse the
2		serviceman for expenses incurred in collecting the tax, keeping
3		records, preparing and filing returns, remitting the tax and
4		supplying data to the Department on request. A serviceman need
5		not remit that part of any tax collected by him to the extent
6		that he is required to pay and does pay the tax imposed by the
7		Service Occupation Tax Act with respect to his sale of service
8		involving the incidental transfer by him of the same property.
9		Except as provided hereinafter in this Section, on or
10		before the twentieth day of each calendar month, such
11		serviceman shall file a return for the preceding calendar month
12		in accordance with reasonable Rules and Regulations to be
13		promulgated by the Department. Such return shall be filed on a
14		form prescribed by the Department and shall contain such
15		information as the Department may reasonably require.
16		The Department may require returns to be filed on a
17		quarterly basis. If so required, a return for each calendar
18		quarter shall be filed on or before the twentieth day of the
19		calendar month following the end of such calendar quarter. The
20		taxpayer shall also file a return with the Department for each
21		of the first two months of each calendar quarter, on or before
22		the twentieth day of the following calendar month, stating:
23		1. The name of the seller;
24		2. The address of the principal place of business from
25		which he engages in business as a serviceman in this State;
26		3. The total amount of taxable receipts received by him
27		during the preceding calendar month, including receipts
28		from charge and time sales, but less all deductions allowed
29		by law;
30		4. The amount of credit provided in Section 2d of this
31		Act;
32		5. The amount of tax due;
33		5-5. The signature of the taxpayer; and
34		6. Such other reasonable information as the Department
35		may require.
36		If a taxpayer fails to sign a return within 30 days after

1		the proper notice and demand for signature by the Department,
2		the return shall be considered valid and any amount shown to be
3		due on the return shall be deemed assessed.
4		Beginning October 1, 1993, a taxpayer who has an average
5		monthly tax liability of $150,000 or more shall make all
6		payments required by rules of the Department by electronic
7		funds transfer. Beginning October 1, 1994, a taxpayer who has
8		an average monthly tax liability of $100,000 or more shall make
9		all payments required by rules of the Department by electronic
10		funds transfer. Beginning October 1, 1995, a taxpayer who has
11		an average monthly tax liability of $50,000 or more shall make
12		all payments required by rules of the Department by electronic
13		funds transfer. Beginning October 1, 2000, a taxpayer who has
14		an annual tax liability of $200,000 or more shall make all
15		payments required by rules of the Department by electronic
16		funds transfer. The term "annual tax liability" shall be the
17		sum of the taxpayer's liabilities under this Act, and under all
18		other State and local occupation and use tax laws administered
19		by the Department, for the immediately preceding calendar year.
20		The term "average monthly tax liability" means the sum of the
21		taxpayer's liabilities under this Act, and under all other
22		State and local occupation and use tax laws administered by the
23		Department, for the immediately preceding calendar year
24		divided by 12. Beginning on October 1, 2002, a taxpayer who has
25		a tax liability in the amount set forth in subsection (b) of
26		Section 2505-210 of the Department of Revenue Law shall make
27		all payments required by rules of the Department by electronic
28		funds transfer.
29		Before August 1 of each year beginning in 1993, the
30		Department shall notify all taxpayers required to make payments
31		by electronic funds transfer. All taxpayers required to make
32		payments by electronic funds transfer shall make those payments
33		for a minimum of one year beginning on October 1.
34		Any taxpayer not required to make payments by electronic
35		funds transfer may make payments by electronic funds transfer
36		with the permission of the Department.

1		All taxpayers required to make payment by electronic funds
2		transfer and any taxpayers authorized to voluntarily make
3		payments by electronic funds transfer shall make those payments
4		in the manner authorized by the Department.
5		The Department shall adopt such rules as are necessary to
6		effectuate a program of electronic funds transfer and the
7		requirements of this Section.
8		If the serviceman is otherwise required to file a monthly
9		return and if the serviceman's average monthly tax liability to
10		the Department does not exceed $200, the Department may
11		authorize his returns to be filed on a quarter annual basis,
12		with the return for January, February and March of a given year
13		being due by April 20 of such year; with the return for April,
14		May and June of a given year being due by July 20 of such year;
15		with the return for July, August and September of a given year
16		being due by October 20 of such year, and with the return for
17		October, November and December of a given year being due by
18		January 20 of the following year.
19		If the serviceman is otherwise required to file a monthly
20		or quarterly return and if the serviceman's average monthly tax
21		liability to the Department does not exceed $50, the Department
22		may authorize his returns to be filed on an annual basis, with
23		the return for a given year being due by January 20 of the
24		following year.
25		Such quarter annual and annual returns, as to form and
26		substance, shall be subject to the same requirements as monthly
27		returns.
28		Notwithstanding any other provision in this Act concerning
29		the time within which a serviceman may file his return, in the
30		case of any serviceman who ceases to engage in a kind of
31		business which makes him responsible for filing returns under
32		this Act, such serviceman shall file a final return under this
33		Act with the Department not more than 1 month after
34		discontinuing such business.
35		Where a serviceman collects the tax with respect to the
36		selling price of property which he sells and the purchaser

1		thereafter returns such property and the serviceman refunds the
2		selling price thereof to the purchaser, such serviceman shall
3		also refund, to the purchaser, the tax so collected from the
4		purchaser. When filing his return for the period in which he
5		refunds such tax to the purchaser, the serviceman may deduct
6		the amount of the tax so refunded by him to the purchaser from
7		any other Service Use Tax, Service Occupation Tax, retailers'
8		occupation tax or use tax which such serviceman may be required
9		to pay or remit to the Department, as shown by such return,
10		provided that the amount of the tax to be deducted shall
11		previously have been remitted to the Department by such
12		serviceman. If the serviceman shall not previously have
13		remitted the amount of such tax to the Department, he shall be
14		entitled to no deduction hereunder upon refunding such tax to
15		the purchaser.
16		Any serviceman filing a return hereunder shall also include
17		the total tax upon the selling price of tangible personal
18		property purchased for use by him as an incident to a sale of
19		service, and such serviceman shall remit the amount of such tax
20		to the Department when filing such return.
21		If experience indicates such action to be practicable, the
22		Department may prescribe and furnish a combination or joint
23		return which will enable servicemen, who are required to file
24		returns hereunder and also under the Service Occupation Tax
25		Act, to furnish all the return information required by both
26		Acts on the one form.
27		Where the serviceman has more than one business registered
28		with the Department under separate registration hereunder,
29		such serviceman shall not file each return that is due as a
30		single return covering all such registered businesses, but
31		shall file separate returns for each such registered business.
32		Beginning January 1, 1990, each month the Department shall
33		pay into the State and Local Tax Reform Fund, a special fund in
34		the State Treasury, the net revenue realized for the preceding
35		month from the 1% tax on sales of food for human consumption
36		which is to be consumed off the premises where it is sold

1		(other than alcoholic beverages, soft drinks and food which has
2		been prepared for immediate consumption) and prescription and
3		nonprescription medicines, drugs, medical appliances and
4		insulin, urine testing materials, syringes and needles used by
5		diabetics.
6		Beginning January 1, 1990, each month the Department shall
7		pay into the State and Local Sales Tax Reform Fund 20% of the
8		net revenue realized for the preceding month from the 6.25%
9		general rate on transfers of tangible personal property, other
10		than tangible personal property which is purchased outside
11		Illinois at retail from a retailer and which is titled or
12		registered by an agency of this State's government.
13		Beginning August 1, 2000, each month the Department shall
14		pay into the State and Local Sales Tax Reform Fund 100% of the
15		net revenue realized for the preceding month from the 1.25%
16		rate on the selling price of motor fuel and gasohol.
17		Of the remainder of the moneys received by the Department
18		pursuant to this Act, (a) 1.75% thereof shall be paid into the
19		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
20		and after July 1, 1989, 3.8% thereof shall be paid into the
21		Build Illinois Fund; provided, however, that if in any fiscal
22		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
23		may be, of the moneys received by the Department and required
24		to be paid into the Build Illinois Fund pursuant to Section 3
25		of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
26		Act, Section 9 of the Service Use Tax Act, and Section 9 of the
27		Service Occupation Tax Act, such Acts being hereinafter called
28		the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
29		may be, of moneys being hereinafter called the "Tax Act
30		Amount", and (2) the amount transferred to the Build Illinois
31		Fund from the State and Local Sales Tax Reform Fund shall be
32		less than the Annual Specified Amount (as defined in Section 3
33		of the Retailers' Occupation Tax Act), an amount equal to the
34		difference shall be immediately paid into the Build Illinois
35		Fund from other moneys received by the Department pursuant to
36		the Tax Acts; and further provided, that if on the last

1		business day of any month the sum of (1) the Tax Act Amount
2		required to be deposited into the Build Illinois Bond Account
3		in the Build Illinois Fund during such month and (2) the amount
4		transferred during such month to the Build Illinois Fund from
5		the State and Local Sales Tax Reform Fund shall have been less
6		than 1/12 of the Annual Specified Amount, an amount equal to
7		the difference shall be immediately paid into the Build
8		Illinois Fund from other moneys received by the Department
9		pursuant to the Tax Acts; and, further provided, that in no
10		event shall the payments required under the preceding proviso
11		result in aggregate payments into the Build Illinois Fund
12		pursuant to this clause (b) for any fiscal year in excess of
13		the greater of (i) the Tax Act Amount or (ii) the Annual
14		Specified Amount for such fiscal year; and, further provided,
15		that the amounts payable into the Build Illinois Fund under
16		this clause (b) shall be payable only until such time as the
17		aggregate amount on deposit under each trust indenture securing
18		Bonds issued and outstanding pursuant to the Build Illinois
19		Bond Act is sufficient, taking into account any future
20		investment income, to fully provide, in accordance with such
21		indenture, for the defeasance of or the payment of the
22		principal of, premium, if any, and interest on the Bonds
23		secured by such indenture and on any Bonds expected to be
24		issued thereafter and all fees and costs payable with respect
25		thereto, all as certified by the Director of the Bureau of the
26		Budget (now Governor's Office of Management and Budget). If on
27		the last business day of any month in which Bonds are
28		outstanding pursuant to the Build Illinois Bond Act, the
29		aggregate of the moneys deposited in the Build Illinois Bond
30		Account in the Build Illinois Fund in such month shall be less
31		than the amount required to be transferred in such month from
32		the Build Illinois Bond Account to the Build Illinois Bond
33		Retirement and Interest Fund pursuant to Section 13 of the
34		Build Illinois Bond Act, an amount equal to such deficiency
35		shall be immediately paid from other moneys received by the
36		Department pursuant to the Tax Acts to the Build Illinois Fund;

1		provided, however, that any amounts paid to the Build Illinois
2		Fund in any fiscal year pursuant to this sentence shall be
3		deemed to constitute payments pursuant to clause (b) of the
4		preceding sentence and shall reduce the amount otherwise
5		payable for such fiscal year pursuant to clause (b) of the
6		preceding sentence. The moneys received by the Department
7		pursuant to this Act and required to be deposited into the
8		Build Illinois Fund are subject to the pledge, claim and charge
9		set forth in Section 12 of the Build Illinois Bond Act.
10		Subject to payment of amounts into the Build Illinois Fund
11		as provided in the preceding paragraph or in any amendment
12		thereto hereafter enacted, the following specified monthly
13		installment of the amount requested in the certificate of the
14		Chairman of the Metropolitan Pier and Exposition Authority
15		provided under Section 8.25f of the State Finance Act, but not
16		in excess of the sums designated as "Total Deposit", shall be
17		deposited in the aggregate from collections under Section 9 of
18		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
19		9 of the Service Occupation Tax Act, and Section 3 of the
20		Retailers' Occupation Tax Act into the McCormick Place
21		Expansion Project Fund in the specified fiscal years.

26		Beginning July 20, 1993 and in each month of each fiscal
27		year thereafter, one-eighth of the amount requested in the
28		certificate of the Chairman of the Metropolitan Pier and
29		Exposition Authority for that fiscal year, less the amount
30		deposited into the McCormick Place Expansion Project Fund by
31		the State Treasurer in the respective month under subsection
32		(g) of Section 13 of the Metropolitan Pier and Exposition
33		Authority Act, plus cumulative deficiencies in the deposits
34		required under this Section for previous months and years,
35		shall be deposited into the McCormick Place Expansion Project
36		Fund, until the full amount requested for the fiscal year, but

1		not in excess of the amount specified above as "Total Deposit",
2		has been deposited.
3		Subject to payment of amounts into the Build Illinois Fund
4		and the McCormick Place Expansion Project Fund under the
5		preceding paragraphs, each month the Department shall, subject
6		to appropriation, pay into the Local Government Distributive
7		Fund 0.4% of the net revenue realized for the preceding month
8		from the 5% general rate, or 0.4% of 80% of the net revenue
9		realized for the preceding month from the 6.25% general rate,
10		as the case may be, on the selling price of tangible personal
11		property. That amount shall, subject to appropriation, be
12		distributed as provided in Section 2 of the State Revenue
13		Sharing Act. No payments or distributions under this paragraph
14		shall be made if the tax imposed by this Act on photoprocessing
15		products is declared unconstitutional or if the proceeds from
16		that tax are unavailable for distribution because of
17		litigation.
18		Subject to payment of amounts into the Build Illinois Fund,
19		and the McCormick Place Expansion Project Fund, and the Local
20		Government Distributive Fund pursuant to the preceding
21		paragraphs or in any amendments thereto hereafter enacted,
22		beginning July 1, 1993, the Department shall each month pay
23		into the Illinois Tax Increment Fund 0.27% of 80% of the net
24		revenue realized for the preceding month from the 6.25% general
25		rate on the selling price of tangible personal property.
26		Subject to payment of amounts into the Build Illinois Fund,
27		and the McCormick Place Expansion Project Fund, and the Local
28		Government Distributive Fund pursuant to the preceding
29		paragraphs or in any amendments thereto hereafter enacted,
30		beginning with the receipt of the first report of taxes paid by
31		an eligible business and continuing for a 25-year period, the
32		Department shall each month pay into the Energy Infrastructure
33		Fund 80% of the net revenue realized from the 6.25% general
34		rate on the selling price of Illinois-mined coal that was sold
35		to an eligible business. For purposes of this paragraph, the
36		term "eligible business" means a new electric generating

1		facility certified pursuant to Section 605-332 of the
2		Department of Commerce and Economic Opportunity Community
3		Affairs Law of the Civil Administrative Code of Illinois.
4		All remaining moneys received by the Department pursuant to
5		this Act shall be paid into the General Revenue Fund of the
6		State Treasury.
7		As soon as possible after the first day of each month, upon
8		certification of the Department of Revenue, the Comptroller
9		shall order transferred and the Treasurer shall transfer from
10		the General Revenue Fund to the Motor Fuel Tax Fund an amount
11		equal to 1.7% of 80% of the net revenue realized under this Act
12		for the second preceding month. Beginning April 1, 2000, this
13		transfer is no longer required and shall not be made.
14		Net revenue realized for a month shall be the revenue
15		collected by the State pursuant to this Act, less the amount
16		paid out during that month as refunds to taxpayers for
17		overpayment of liability.
18		(Source: P.A. 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492,
19		eff. 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02;
20		revised 10-15-03.)

21		Section 15. The Service Occupation Tax Act is amended by
22		changing Section 9 as follows:
23		(35 ILCS 115/9) (from Ch. 120, par. 439.109)
24		Sec. 9. Each serviceman required or authorized to collect
25		the tax herein imposed shall pay to the Department the amount
26		of such tax at the time when he is required to file his return
27		for the period during which such tax was collectible, less a
28		discount of 2.1% prior to January 1, 1990, and 1.75% on and
29		after January 1, 1990, or $5 per calendar year, whichever is
30		greater, which is allowed to reimburse the serviceman for
31		expenses incurred in collecting the tax, keeping records,
32		preparing and filing returns, remitting the tax and supplying
33		data to the Department on request.
34		Where such tangible personal property is sold under a

1		conditional sales contract, or under any other form of sale
2		wherein the payment of the principal sum, or a part thereof, is
3		extended beyond the close of the period for which the return is
4		filed, the serviceman, in collecting the tax may collect, for
5		each tax return period, only the tax applicable to the part of
6		the selling price actually received during such tax return
7		period.
8		Except as provided hereinafter in this Section, on or
9		before the twentieth day of each calendar month, such
10		serviceman shall file a return for the preceding calendar month
11		in accordance with reasonable rules and regulations to be
12		promulgated by the Department of Revenue. Such return shall be
13		filed on a form prescribed by the Department and shall contain
14		such information as the Department may reasonably require.
15		The Department may require returns to be filed on a
16		quarterly basis. If so required, a return for each calendar
17		quarter shall be filed on or before the twentieth day of the
18		calendar month following the end of such calendar quarter. The
19		taxpayer shall also file a return with the Department for each
20		of the first two months of each calendar quarter, on or before
21		the twentieth day of the following calendar month, stating:
22		1. The name of the seller;
23		2. The address of the principal place of business from
24		which he engages in business as a serviceman in this State;
25		3. The total amount of taxable receipts received by him
26		during the preceding calendar month, including receipts
27		from charge and time sales, but less all deductions allowed
28		by law;
29		4. The amount of credit provided in Section 2d of this
30		Act;
31		5. The amount of tax due;
32		5-5. The signature of the taxpayer; and
33		6. Such other reasonable information as the Department
34		may require.
35		If a taxpayer fails to sign a return within 30 days after
36		the proper notice and demand for signature by the Department,

1		the return shall be considered valid and any amount shown to be
2		due on the return shall be deemed assessed.
3		Prior to October 1, 2003, a serviceman may accept a
4		Manufacturer's Purchase Credit certification from a purchaser
5		in satisfaction of Service Use Tax as provided in Section 3-70
6		of the Service Use Tax Act if the purchaser provides the
7		appropriate documentation as required by Section 3-70 of the
8		Service Use Tax Act. A Manufacturer's Purchase Credit
9		certification, accepted prior to October 1, 2003 by a
10		serviceman as provided in Section 3-70 of the Service Use Tax
11		Act, may be used by that serviceman to satisfy Service
12		Occupation Tax liability in the amount claimed in the
13		certification, not to exceed 6.25% of the receipts subject to
14		tax from a qualifying purchase. A Manufacturer's Purchase
15		Credit reported on any original or amended return filed under
16		this Act after October 20, 2003 shall be disallowed. No
17		Manufacturer's Purchase Credit may be used after September 30,
18		2003 to satisfy any tax liability imposed under this Act,
19		including any audit liability.
20		If the serviceman's average monthly tax liability to the
21		Department does not exceed $200, the Department may authorize
22		his returns to be filed on a quarter annual basis, with the
23		return for January, February and March of a given year being
24		due by April 20 of such year; with the return for April, May
25		and June of a given year being due by July 20 of such year; with
26		the return for July, August and September of a given year being
27		due by October 20 of such year, and with the return for
28		October, November and December of a given year being due by
29		January 20 of the following year.
30		If the serviceman's average monthly tax liability to the
31		Department does not exceed $50, the Department may authorize
32		his returns to be filed on an annual basis, with the return for
33		a given year being due by January 20 of the following year.
34		Such quarter annual and annual returns, as to form and
35		substance, shall be subject to the same requirements as monthly
36		returns.

1		Notwithstanding any other provision in this Act concerning
2		the time within which a serviceman may file his return, in the
3		case of any serviceman who ceases to engage in a kind of
4		business which makes him responsible for filing returns under
5		this Act, such serviceman shall file a final return under this
6		Act with the Department not more than 1 month after
7		discontinuing such business.
8		Beginning October 1, 1993, a taxpayer who has an average
9		monthly tax liability of $150,000 or more shall make all
10		payments required by rules of the Department by electronic
11		funds transfer. Beginning October 1, 1994, a taxpayer who has
12		an average monthly tax liability of $100,000 or more shall make
13		all payments required by rules of the Department by electronic
14		funds transfer. Beginning October 1, 1995, a taxpayer who has
15		an average monthly tax liability of $50,000 or more shall make
16		all payments required by rules of the Department by electronic
17		funds transfer. Beginning October 1, 2000, a taxpayer who has
18		an annual tax liability of $200,000 or more shall make all
19		payments required by rules of the Department by electronic
20		funds transfer. The term "annual tax liability" shall be the
21		sum of the taxpayer's liabilities under this Act, and under all
22		other State and local occupation and use tax laws administered
23		by the Department, for the immediately preceding calendar year.
24		The term "average monthly tax liability" means the sum of the
25		taxpayer's liabilities under this Act, and under all other
26		State and local occupation and use tax laws administered by the
27		Department, for the immediately preceding calendar year
28		divided by 12. Beginning on October 1, 2002, a taxpayer who has
29		a tax liability in the amount set forth in subsection (b) of
30		Section 2505-210 of the Department of Revenue Law shall make
31		all payments required by rules of the Department by electronic
32		funds transfer.
33		Before August 1 of each year beginning in 1993, the
34		Department shall notify all taxpayers required to make payments
35		by electronic funds transfer. All taxpayers required to make
36		payments by electronic funds transfer shall make those payments

1		for a minimum of one year beginning on October 1.
2		Any taxpayer not required to make payments by electronic
3		funds transfer may make payments by electronic funds transfer
4		with the permission of the Department.
5		All taxpayers required to make payment by electronic funds
6		transfer and any taxpayers authorized to voluntarily make
7		payments by electronic funds transfer shall make those payments
8		in the manner authorized by the Department.
9		The Department shall adopt such rules as are necessary to
10		effectuate a program of electronic funds transfer and the
11		requirements of this Section.
12		Where a serviceman collects the tax with respect to the
13		selling price of tangible personal property which he sells and
14		the purchaser thereafter returns such tangible personal
15		property and the serviceman refunds the selling price thereof
16		to the purchaser, such serviceman shall also refund, to the
17		purchaser, the tax so collected from the purchaser. When filing
18		his return for the period in which he refunds such tax to the
19		purchaser, the serviceman may deduct the amount of the tax so
20		refunded by him to the purchaser from any other Service
21		Occupation Tax, Service Use Tax, Retailers' Occupation Tax or
22		Use Tax which such serviceman may be required to pay or remit
23		to the Department, as shown by such return, provided that the
24		amount of the tax to be deducted shall previously have been
25		remitted to the Department by such serviceman. If the
26		serviceman shall not previously have remitted the amount of
27		such tax to the Department, he shall be entitled to no
28		deduction hereunder upon refunding such tax to the purchaser.
29		If experience indicates such action to be practicable, the
30		Department may prescribe and furnish a combination or joint
31		return which will enable servicemen, who are required to file
32		returns hereunder and also under the Retailers' Occupation Tax
33		Act, the Use Tax Act or the Service Use Tax Act, to furnish all
34		the return information required by all said Acts on the one
35		form.
36		Where the serviceman has more than one business registered

1		with the Department under separate registrations hereunder,
2		such serviceman shall file separate returns for each registered
3		business.
4		Beginning January 1, 1990, each month the Department shall
5		pay into the Local Government Tax Fund the revenue realized for
6		the preceding month from the 1% tax on sales of food for human
7		consumption which is to be consumed off the premises where it
8		is sold (other than alcoholic beverages, soft drinks and food
9		which has been prepared for immediate consumption) and
10		prescription and nonprescription medicines, drugs, medical
11		appliances and insulin, urine testing materials, syringes and
12		needles used by diabetics.
13		Beginning January 1, 1990, each month the Department shall
14		pay into the County and Mass Transit District Fund 4% of the
15		revenue realized for the preceding month from the 6.25% general
16		rate.
17		Beginning August 1, 2000, each month the Department shall
18		pay into the County and Mass Transit District Fund 20% of the
19		net revenue realized for the preceding month from the 1.25%
20		rate on the selling price of motor fuel and gasohol.
21		Beginning January 1, 1990, each month the Department shall
22		pay into the Local Government Tax Fund 16% of the revenue
23		realized for the preceding month from the 6.25% general rate on
24		transfers of tangible personal property.
25		Beginning August 1, 2000, each month the Department shall
26		pay into the Local Government Tax Fund 80% of the net revenue
27		realized for the preceding month from the 1.25% rate on the
28		selling price of motor fuel and gasohol.
29		Of the remainder of the moneys received by the Department
30		pursuant to this Act, (a) 1.75% thereof shall be paid into the
31		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
32		and after July 1, 1989, 3.8% thereof shall be paid into the
33		Build Illinois Fund; provided, however, that if in any fiscal
34		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
35		may be, of the moneys received by the Department and required
36		to be paid into the Build Illinois Fund pursuant to Section 3

1		of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
2		Act, Section 9 of the Service Use Tax Act, and Section 9 of the
3		Service Occupation Tax Act, such Acts being hereinafter called
4		the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
5		may be, of moneys being hereinafter called the "Tax Act
6		Amount", and (2) the amount transferred to the Build Illinois
7		Fund from the State and Local Sales Tax Reform Fund shall be
8		less than the Annual Specified Amount (as defined in Section 3
9		of the Retailers' Occupation Tax Act), an amount equal to the
10		difference shall be immediately paid into the Build Illinois
11		Fund from other moneys received by the Department pursuant to
12		the Tax Acts; and further provided, that if on the last
13		business day of any month the sum of (1) the Tax Act Amount
14		required to be deposited into the Build Illinois Account in the
15		Build Illinois Fund during such month and (2) the amount
16		transferred during such month to the Build Illinois Fund from
17		the State and Local Sales Tax Reform Fund shall have been less
18		than 1/12 of the Annual Specified Amount, an amount equal to
19		the difference shall be immediately paid into the Build
20		Illinois Fund from other moneys received by the Department
21		pursuant to the Tax Acts; and, further provided, that in no
22		event shall the payments required under the preceding proviso
23		result in aggregate payments into the Build Illinois Fund
24		pursuant to this clause (b) for any fiscal year in excess of
25		the greater of (i) the Tax Act Amount or (ii) the Annual
26		Specified Amount for such fiscal year; and, further provided,
27		that the amounts payable into the Build Illinois Fund under
28		this clause (b) shall be payable only until such time as the
29		aggregate amount on deposit under each trust indenture securing
30		Bonds issued and outstanding pursuant to the Build Illinois
31		Bond Act is sufficient, taking into account any future
32		investment income, to fully provide, in accordance with such
33		indenture, for the defeasance of or the payment of the
34		principal of, premium, if any, and interest on the Bonds
35		secured by such indenture and on any Bonds expected to be
36		issued thereafter and all fees and costs payable with respect

1		thereto, all as certified by the Director of the Bureau of the
2		Budget (now Governor's Office of Management and Budget). If on
3		the last business day of any month in which Bonds are
4		outstanding pursuant to the Build Illinois Bond Act, the
5		aggregate of the moneys deposited in the Build Illinois Bond
6		Account in the Build Illinois Fund in such month shall be less
7		than the amount required to be transferred in such month from
8		the Build Illinois Bond Account to the Build Illinois Bond
9		Retirement and Interest Fund pursuant to Section 13 of the
10		Build Illinois Bond Act, an amount equal to such deficiency
11		shall be immediately paid from other moneys received by the
12		Department pursuant to the Tax Acts to the Build Illinois Fund;
13		provided, however, that any amounts paid to the Build Illinois
14		Fund in any fiscal year pursuant to this sentence shall be
15		deemed to constitute payments pursuant to clause (b) of the
16		preceding sentence and shall reduce the amount otherwise
17		payable for such fiscal year pursuant to clause (b) of the
18		preceding sentence. The moneys received by the Department
19		pursuant to this Act and required to be deposited into the
20		Build Illinois Fund are subject to the pledge, claim and charge
21		set forth in Section 12 of the Build Illinois Bond Act.
22		Subject to payment of amounts into the Build Illinois Fund
23		as provided in the preceding paragraph or in any amendment
24		thereto hereafter enacted, the following specified monthly
25		installment of the amount requested in the certificate of the
26		Chairman of the Metropolitan Pier and Exposition Authority
27		provided under Section 8.25f of the State Finance Act, but not
28		in excess of the sums designated as "Total Deposit", shall be
29		deposited in the aggregate from collections under Section 9 of
30		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
31		9 of the Service Occupation Tax Act, and Section 3 of the
32		Retailers' Occupation Tax Act into the McCormick Place
33		Expansion Project Fund in the specified fiscal years.

2		Beginning July 20, 1993 and in each month of each fiscal
3		year thereafter, one-eighth of the amount requested in the
4		certificate of the Chairman of the Metropolitan Pier and
5		Exposition Authority for that fiscal year, less the amount
6		deposited into the McCormick Place Expansion Project Fund by
7		the State Treasurer in the respective month under subsection
8		(g) of Section 13 of the Metropolitan Pier and Exposition
9		Authority Act, plus cumulative deficiencies in the deposits
10		required under this Section for previous months and years,
11		shall be deposited into the McCormick Place Expansion Project
12		Fund, until the full amount requested for the fiscal year, but
13		not in excess of the amount specified above as "Total Deposit",
14		has been deposited.
15		Subject to payment of amounts into the Build Illinois Fund
16		and the McCormick Place Expansion Project Fund under the
17		preceding paragraphs, each month the Department shall, subject
18		to appropriation, pay into the Local Government Distributive
19		Fund 0.4% of the net revenue realized for the preceding month
20		from the 5% general rate or 0.4% of 80% of the net revenue
21		realized for the preceding month from the 6.25% general rate,
22		as the case may be, on the selling price of tangible personal
23		property. That amount shall, subject to appropriation, be
24		distributed as provided in Section 2 of the State Revenue
25		Sharing Act. No payments or distributions under this paragraph
26		shall be made if the tax imposed by this Act on photoprocessing
27		products is declared unconstitutional or if the proceeds from
28		that tax are unavailable for distribution because of
29		litigation.
30		Subject to payment of amounts into the Build Illinois Fund,
31		and the McCormick Place Expansion Project Fund, and the Local
32		Government Distributive Fund pursuant to the preceding
33		paragraphs or in any amendments thereto hereafter enacted,
34		beginning July 1, 1993, the Department shall each month pay
35		into the Illinois Tax Increment Fund 0.27% of 80% of the net
36		revenue realized for the preceding month from the 6.25% general

1		rate on the selling price of tangible personal property.
2		Subject to payment of amounts into the Build Illinois Fund,
3		and the McCormick Place Expansion Project Fund, and the Local
4		Government Distributive Fund pursuant to the preceding
5		paragraphs or in any amendments thereto hereafter enacted,
6		beginning with the receipt of the first report of taxes paid by
7		an eligible business and continuing for a 25-year period, the
8		Department shall each month pay into the Energy Infrastructure
9		Fund 80% of the net revenue realized from the 6.25% general
10		rate on the selling price of Illinois-mined coal that was sold
11		to an eligible business. For purposes of this paragraph, the
12		term "eligible business" means a new electric generating
13		facility certified pursuant to Section 605-332 of the
14		Department of Commerce and Economic Opportunity Community
15		Affairs Law of the Civil Administrative Code of Illinois.
16		Remaining moneys received by the Department pursuant to
17		this Act shall be paid into the General Revenue Fund of the
18		State Treasury.
19		The Department may, upon separate written notice to a
20		taxpayer, require the taxpayer to prepare and file with the
21		Department on a form prescribed by the Department within not
22		less than 60 days after receipt of the notice an annual
23		information return for the tax year specified in the notice.
24		Such annual return to the Department shall include a statement
25		of gross receipts as shown by the taxpayer's last Federal
26		income tax return. If the total receipts of the business as
27		reported in the Federal income tax return do not agree with the
28		gross receipts reported to the Department of Revenue for the
29		same period, the taxpayer shall attach to his annual return a
30		schedule showing a reconciliation of the 2 amounts and the
31		reasons for the difference. The taxpayer's annual return to the
32		Department shall also disclose the cost of goods sold by the
33		taxpayer during the year covered by such return, opening and
34		closing inventories of such goods for such year, cost of goods
35		used from stock or taken from stock and given away by the
36		taxpayer during such year, pay roll information of the

1		taxpayer's business during such year and any additional
2		reasonable information which the Department deems would be
3		helpful in determining the accuracy of the monthly, quarterly
4		or annual returns filed by such taxpayer as hereinbefore
5		provided for in this Section.
6		If the annual information return required by this Section
7		is not filed when and as required, the taxpayer shall be liable
8		as follows:
9		(i) Until January 1, 1994, the taxpayer shall be liable
10		for a penalty equal to 1/6 of 1% of the tax due from such
11		taxpayer under this Act during the period to be covered by
12		the annual return for each month or fraction of a month
13		until such return is filed as required, the penalty to be
14		assessed and collected in the same manner as any other
15		penalty provided for in this Act.
16		(ii) On and after January 1, 1994, the taxpayer shall
17		be liable for a penalty as described in Section 3-4 of the
18		Uniform Penalty and Interest Act.
19		The chief executive officer, proprietor, owner or highest
20		ranking manager shall sign the annual return to certify the
21		accuracy of the information contained therein. Any person who
22		willfully signs the annual return containing false or
23		inaccurate information shall be guilty of perjury and punished
24		accordingly. The annual return form prescribed by the
25		Department shall include a warning that the person signing the
26		return may be liable for perjury.
27		The foregoing portion of this Section concerning the filing
28		of an annual information return shall not apply to a serviceman
29		who is not required to file an income tax return with the
30		United States Government.
31		As soon as possible after the first day of each month, upon
32		certification of the Department of Revenue, the Comptroller
33		shall order transferred and the Treasurer shall transfer from
34		the General Revenue Fund to the Motor Fuel Tax Fund an amount
35		equal to 1.7% of 80% of the net revenue realized under this Act
36		for the second preceding month. Beginning April 1, 2000, this

1		transfer is no longer required and shall not be made.
2		Net revenue realized for a month shall be the revenue
3		collected by the State pursuant to this Act, less the amount
4		paid out during that month as refunds to taxpayers for
5		overpayment of liability.
6		For greater simplicity of administration, it shall be
7		permissible for manufacturers, importers and wholesalers whose
8		products are sold by numerous servicemen in Illinois, and who
9		wish to do so, to assume the responsibility for accounting and
10		paying to the Department all tax accruing under this Act with
11		respect to such sales, if the servicemen who are affected do
12		not make written objection to the Department to this
13		arrangement.
14		(Source: P.A. 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492,
15		eff. 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02; 93-24,
16		eff. 6-20-03; revised 10-15-03.)

17		Section 20. The Retailers' Occupation Tax Act is amended by
18		changing Section 3 as follows:
19		(35 ILCS 120/3) (from Ch. 120, par. 442)
20		Sec. 3. Except as provided in this Section, on or before
21		the twentieth day of each calendar month, every person engaged
22		in the business of selling tangible personal property at retail
23		in this State during the preceding calendar month shall file a
24		return with the Department, stating:
25		1. The name of the seller;
26		2. His residence address and the address of his
27		principal place of business and the address of the
28		principal place of business (if that is a different
29		address) from which he engages in the business of selling
30		tangible personal property at retail in this State;
31		3. Total amount of receipts received by him during the
32		preceding calendar month or quarter, as the case may be,
33		from sales of tangible personal property, and from services
34		furnished, by him during such preceding calendar month or

1		quarter;
2		4. Total amount received by him during the preceding
3		calendar month or quarter on charge and time sales of
4		tangible personal property, and from services furnished,
5		by him prior to the month or quarter for which the return
6		is filed;
7		5. Deductions allowed by law;
8		6. Gross receipts which were received by him during the
9		preceding calendar month or quarter and upon the basis of
10		which the tax is imposed;
11		7. The amount of credit provided in Section 2d of this
12		Act;
13		8. The amount of tax due;
14		9. The signature of the taxpayer; and
15		10. Such other reasonable information as the
16		Department may require.
17		If a taxpayer fails to sign a return within 30 days after
18		the proper notice and demand for signature by the Department,
19		the return shall be considered valid and any amount shown to be
20		due on the return shall be deemed assessed.
21		Each return shall be accompanied by the statement of
22		prepaid tax issued pursuant to Section 2e for which credit is
23		claimed.
24		Prior to October 1, 2003, a retailer may accept a
25		Manufacturer's Purchase Credit certification from a purchaser
26		in satisfaction of Use Tax as provided in Section 3-85 of the
27		Use Tax Act if the purchaser provides the appropriate
28		documentation as required by Section 3-85 of the Use Tax Act. A
29		Manufacturer's Purchase Credit certification, accepted by a
30		retailer prior to October 1, 2003 as provided in Section 3-85
31		of the Use Tax Act, may be used by that retailer to satisfy
32		Retailers' Occupation Tax liability in the amount claimed in
33		the certification, not to exceed 6.25% of the receipts subject
34		to tax from a qualifying purchase. A Manufacturer's Purchase
35		Credit reported on any original or amended return filed under
36		this Act after October 20, 2003 shall be disallowed. No

1		Manufacturer's Purchase Credit may be used after September 30,
2		2003 to satisfy any tax liability imposed under this Act,
3		including any audit liability.
4		The Department may require returns to be filed on a
5		quarterly basis. If so required, a return for each calendar
6		quarter shall be filed on or before the twentieth day of the
7		calendar month following the end of such calendar quarter. The
8		taxpayer shall also file a return with the Department for each
9		of the first two months of each calendar quarter, on or before
10		the twentieth day of the following calendar month, stating:
11		1. The name of the seller;
12		2. The address of the principal place of business from
13		which he engages in the business of selling tangible
14		personal property at retail in this State;
15		3. The total amount of taxable receipts received by him
16		during the preceding calendar month from sales of tangible
17		personal property by him during such preceding calendar
18		month, including receipts from charge and time sales, but
19		less all deductions allowed by law;
20		4. The amount of credit provided in Section 2d of this
21		Act;
22		5. The amount of tax due; and
23		6. Such other reasonable information as the Department
24		may require.
25		Beginning on October 1, 2003, any person who is not a
26		licensed distributor, importing distributor, or manufacturer,
27		as defined in the Liquor Control Act of 1934, but is engaged in
28		the business of selling, at retail, alcoholic liquor shall file
29		a statement with the Department of Revenue, in a format and at
30		a time prescribed by the Department, showing the total amount
31		paid for alcoholic liquor purchased during the preceding month
32		and such other information as is reasonably required by the
33		Department. The Department may adopt rules to require that this
34		statement be filed in an electronic or telephonic format. Such
35		rules may provide for exceptions from the filing requirements
36		of this paragraph. For the purposes of this paragraph, the term

1		"alcoholic liquor" shall have the meaning prescribed in the
2		Liquor Control Act of 1934.
3		Beginning on October 1, 2003, every distributor, importing
4		distributor, and manufacturer of alcoholic liquor as defined in
5		the Liquor Control Act of 1934, shall file a statement with the
6		Department of Revenue, no later than the 10th day of the month
7		for the preceding month during which transactions occurred, by
8		electronic means, showing the total amount of gross receipts
9		from the sale of alcoholic liquor sold or distributed during
10		the preceding month to purchasers; identifying the purchaser to
11		whom it was sold or distributed; the purchaser's tax
12		registration number; and such other information reasonably
13		required by the Department. A copy of the monthly statement
14		shall be sent to the retailer no later than the 10th day of the
15		month for the preceding month during which transactions
16		occurred.
17		If a total amount of less than $1 is payable, refundable or
18		creditable, such amount shall be disregarded if it is less than
19		50 cents and shall be increased to $1 if it is 50 cents or more.
20		Beginning October 1, 1993, a taxpayer who has an average
21		monthly tax liability of $150,000 or more shall make all
22		payments required by rules of the Department by electronic
23		funds transfer. Beginning October 1, 1994, a taxpayer who has
24		an average monthly tax liability of $100,000 or more shall make
25		all payments required by rules of the Department by electronic
26		funds transfer. Beginning October 1, 1995, a taxpayer who has
27		an average monthly tax liability of $50,000 or more shall make
28		all payments required by rules of the Department by electronic
29		funds transfer. Beginning October 1, 2000, a taxpayer who has
30		an annual tax liability of $200,000 or more shall make all
31		payments required by rules of the Department by electronic
32		funds transfer. The term "annual tax liability" shall be the
33		sum of the taxpayer's liabilities under this Act, and under all
34		other State and local occupation and use tax laws administered
35		by the Department, for the immediately preceding calendar year.
36		The term "average monthly tax liability" shall be the sum of

1		the taxpayer's liabilities under this Act, and under all other
2		State and local occupation and use tax laws administered by the
3		Department, for the immediately preceding calendar year
4		divided by 12. Beginning on October 1, 2002, a taxpayer who has
5		a tax liability in the amount set forth in subsection (b) of
6		Section 2505-210 of the Department of Revenue Law shall make
7		all payments required by rules of the Department by electronic
8		funds transfer.
9		Before August 1 of each year beginning in 1993, the
10		Department shall notify all taxpayers required to make payments
11		by electronic funds transfer. All taxpayers required to make
12		payments by electronic funds transfer shall make those payments
13		for a minimum of one year beginning on October 1.
14		Any taxpayer not required to make payments by electronic
15		funds transfer may make payments by electronic funds transfer
16		with the permission of the Department.
17		All taxpayers required to make payment by electronic funds
18		transfer and any taxpayers authorized to voluntarily make
19		payments by electronic funds transfer shall make those payments
20		in the manner authorized by the Department.
21		The Department shall adopt such rules as are necessary to
22		effectuate a program of electronic funds transfer and the
23		requirements of this Section.
24		Any amount which is required to be shown or reported on any
25		return or other document under this Act shall, if such amount
26		is not a whole-dollar amount, be increased to the nearest
27		whole-dollar amount in any case where the fractional part of a
28		dollar is 50 cents or more, and decreased to the nearest
29		whole-dollar amount where the fractional part of a dollar is
30		less than 50 cents.
31		If the retailer is otherwise required to file a monthly
32		return and if the retailer's average monthly tax liability to
33		the Department does not exceed $200, the Department may
34		authorize his returns to be filed on a quarter annual basis,
35		with the return for January, February and March of a given year
36		being due by April 20 of such year; with the return for April,

1		May and June of a given year being due by July 20 of such year;
2		with the return for July, August and September of a given year
3		being due by October 20 of such year, and with the return for
4		October, November and December of a given year being due by
5		January 20 of the following year.
6		If the retailer is otherwise required to file a monthly or
7		quarterly return and if the retailer's average monthly tax
8		liability with the Department does not exceed $50, the
9		Department may authorize his returns to be filed on an annual
10		basis, with the return for a given year being due by January 20
11		of the following year.
12		Such quarter annual and annual returns, as to form and
13		substance, shall be subject to the same requirements as monthly
14		returns.
15		Notwithstanding any other provision in this Act concerning
16		the time within which a retailer may file his return, in the
17		case of any retailer who ceases to engage in a kind of business
18		which makes him responsible for filing returns under this Act,
19		such retailer shall file a final return under this Act with the
20		Department not more than one month after discontinuing such
21		business.
22		Where the same person has more than one business registered
23		with the Department under separate registrations under this
24		Act, such person may not file each return that is due as a
25		single return covering all such registered businesses, but
26		shall file separate returns for each such registered business.
27		In addition, with respect to motor vehicles, watercraft,
28		aircraft, and trailers that are required to be registered with
29		an agency of this State, every retailer selling this kind of
30		tangible personal property shall file, with the Department,
31		upon a form to be prescribed and supplied by the Department, a
32		separate return for each such item of tangible personal
33		property which the retailer sells, except that if, in the same
34		transaction, (i) a retailer of aircraft, watercraft, motor
35		vehicles or trailers transfers more than one aircraft,
36		watercraft, motor vehicle or trailer to another aircraft,

1		watercraft, motor vehicle retailer or trailer retailer for the
2		purpose of resale or (ii) a retailer of aircraft, watercraft,
3		motor vehicles, or trailers transfers more than one aircraft,
4		watercraft, motor vehicle, or trailer to a purchaser for use as
5		a qualifying rolling stock as provided in Section 2-5 of this
6		Act, then that seller may report the transfer of all aircraft,
7		watercraft, motor vehicles or trailers involved in that
8		transaction to the Department on the same uniform
9		invoice-transaction reporting return form. For purposes of
10		this Section, "watercraft" means a Class 2, Class 3, or Class 4
11		watercraft as defined in Section 3-2 of the Boat Registration
12		and Safety Act, a personal watercraft, or any boat equipped
13		with an inboard motor.
14		Any retailer who sells only motor vehicles, watercraft,
15		aircraft, or trailers that are required to be registered with
16		an agency of this State, so that all retailers' occupation tax
17		liability is required to be reported, and is reported, on such
18		transaction reporting returns and who is not otherwise required
19		to file monthly or quarterly returns, need not file monthly or
20		quarterly returns. However, those retailers shall be required
21		to file returns on an annual basis.
22		The transaction reporting return, in the case of motor
23		vehicles or trailers that are required to be registered with an
24		agency of this State, shall be the same document as the Uniform
25		Invoice referred to in Section 5-402 of The Illinois Vehicle
26		Code and must show the name and address of the seller; the name
27		and address of the purchaser; the amount of the selling price
28		including the amount allowed by the retailer for traded-in
29		property, if any; the amount allowed by the retailer for the
30		traded-in tangible personal property, if any, to the extent to
31		which Section 1 of this Act allows an exemption for the value
32		of traded-in property; the balance payable after deducting such
33		trade-in allowance from the total selling price; the amount of
34		tax due from the retailer with respect to such transaction; the
35		amount of tax collected from the purchaser by the retailer on
36		such transaction (or satisfactory evidence that such tax is not

1		due in that particular instance, if that is claimed to be the
2		fact); the place and date of the sale; a sufficient
3		identification of the property sold; such other information as
4		is required in Section 5-402 of The Illinois Vehicle Code, and
5		such other information as the Department may reasonably
6		require.
7		The transaction reporting return in the case of watercraft
8		or aircraft must show the name and address of the seller; the
9		name and address of the purchaser; the amount of the selling
10		price including the amount allowed by the retailer for
11		traded-in property, if any; the amount allowed by the retailer
12		for the traded-in tangible personal property, if any, to the
13		extent to which Section 1 of this Act allows an exemption for
14		the value of traded-in property; the balance payable after
15		deducting such trade-in allowance from the total selling price;
16		the amount of tax due from the retailer with respect to such
17		transaction; the amount of tax collected from the purchaser by
18		the retailer on such transaction (or satisfactory evidence that
19		such tax is not due in that particular instance, if that is
20		claimed to be the fact); the place and date of the sale, a
21		sufficient identification of the property sold, and such other
22		information as the Department may reasonably require.
23		Such transaction reporting return shall be filed not later
24		than 20 days after the day of delivery of the item that is
25		being sold, but may be filed by the retailer at any time sooner
26		than that if he chooses to do so. The transaction reporting
27		return and tax remittance or proof of exemption from the
28		Illinois use tax may be transmitted to the Department by way of
29		the State agency with which, or State officer with whom the
30		tangible personal property must be titled or registered (if
31		titling or registration is required) if the Department and such
32		agency or State officer determine that this procedure will
33		expedite the processing of applications for title or
34		registration.
35		With each such transaction reporting return, the retailer
36		shall remit the proper amount of tax due (or shall submit

1		satisfactory evidence that the sale is not taxable if that is
2		the case), to the Department or its agents, whereupon the
3		Department shall issue, in the purchaser's name, a use tax
4		receipt (or a certificate of exemption if the Department is
5		satisfied that the particular sale is tax exempt) which such
6		purchaser may submit to the agency with which, or State officer
7		with whom, he must title or register the tangible personal
8		property that is involved (if titling or registration is
9		required) in support of such purchaser's application for an
10		Illinois certificate or other evidence of title or registration
11		to such tangible personal property.
12		No retailer's failure or refusal to remit tax under this
13		Act precludes a user, who has paid the proper tax to the
14		retailer, from obtaining his certificate of title or other
15		evidence of title or registration (if titling or registration
16		is required) upon satisfying the Department that such user has
17		paid the proper tax (if tax is due) to the retailer. The
18		Department shall adopt appropriate rules to carry out the
19		mandate of this paragraph.
20		If the user who would otherwise pay tax to the retailer
21		wants the transaction reporting return filed and the payment of
22		the tax or proof of exemption made to the Department before the
23		retailer is willing to take these actions and such user has not
24		paid the tax to the retailer, such user may certify to the fact
25		of such delay by the retailer and may (upon the Department
26		being satisfied of the truth of such certification) transmit
27		the information required by the transaction reporting return
28		and the remittance for tax or proof of exemption directly to
29		the Department and obtain his tax receipt or exemption
30		determination, in which event the transaction reporting return
31		and tax remittance (if a tax payment was required) shall be
32		credited by the Department to the proper retailer's account
33		with the Department, but without the 2.1% or 1.75% discount
34		provided for in this Section being allowed. When the user pays
35		the tax directly to the Department, he shall pay the tax in the
36		same amount and in the same form in which it would be remitted

1		if the tax had been remitted to the Department by the retailer.
2		Refunds made by the seller during the preceding return
3		period to purchasers, on account of tangible personal property
4		returned to the seller, shall be allowed as a deduction under
5		subdivision 5 of his monthly or quarterly return, as the case
6		may be, in case the seller had theretofore included the
7		receipts from the sale of such tangible personal property in a
8		return filed by him and had paid the tax imposed by this Act
9		with respect to such receipts.
10		Where the seller is a corporation, the return filed on
11		behalf of such corporation shall be signed by the president,
12		vice-president, secretary or treasurer or by the properly
13		accredited agent of such corporation.
14		Where the seller is a limited liability company, the return
15		filed on behalf of the limited liability company shall be
16		signed by a manager, member, or properly accredited agent of
17		the limited liability company.
18		Except as provided in this Section, the retailer filing the
19		return under this Section shall, at the time of filing such
20		return, pay to the Department the amount of tax imposed by this
21		Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
22		on and after January 1, 1990, or $5 per calendar year,
23		whichever is greater, which is allowed to reimburse the
24		retailer for the expenses incurred in keeping records,
25		preparing and filing returns, remitting the tax and supplying
26		data to the Department on request. Any prepayment made pursuant
27		to Section 2d of this Act shall be included in the amount on
28		which such 2.1% or 1.75% discount is computed. In the case of
29		retailers who report and pay the tax on a transaction by
30		transaction basis, as provided in this Section, such discount
31		shall be taken with each such tax remittance instead of when
32		such retailer files his periodic return.
33		Before October 1, 2000, if the taxpayer's average monthly
34		tax liability to the Department under this Act, the Use Tax
35		Act, the Service Occupation Tax Act, and the Service Use Tax
36		Act, excluding any liability for prepaid sales tax to be

1		remitted in accordance with Section 2d of this Act, was $10,000
2		or more during the preceding 4 complete calendar quarters, he
3		shall file a return with the Department each month by the 20th
4		day of the month next following the month during which such tax
5		liability is incurred and shall make payments to the Department
6		on or before the 7th, 15th, 22nd and last day of the month
7		during which such liability is incurred. On and after October
8		1, 2000, if the taxpayer's average monthly tax liability to the
9		Department under this Act, the Use Tax Act, the Service
10		Occupation Tax Act, and the Service Use Tax Act, excluding any
11		liability for prepaid sales tax to be remitted in accordance
12		with Section 2d of this Act, was $20,000 or more during the
13		preceding 4 complete calendar quarters, he shall file a return
14		with the Department each month by the 20th day of the month
15		next following the month during which such tax liability is
16		incurred and shall make payment to the Department on or before
17		the 7th, 15th, 22nd and last day of the month during which such
18		liability is incurred. If the month during which such tax
19		liability is incurred began prior to January 1, 1985, each
20		payment shall be in an amount equal to 1/4 of the taxpayer's
21		actual liability for the month or an amount set by the
22		Department not to exceed 1/4 of the average monthly liability
23		of the taxpayer to the Department for the preceding 4 complete
24		calendar quarters (excluding the month of highest liability and
25		the month of lowest liability in such 4 quarter period). If the
26		month during which such tax liability is incurred begins on or
27		after January 1, 1985 and prior to January 1, 1987, each
28		payment shall be in an amount equal to 22.5% of the taxpayer's
29		actual liability for the month or 27.5% of the taxpayer's
30		liability for the same calendar month of the preceding year. If
31		the month during which such tax liability is incurred begins on
32		or after January 1, 1987 and prior to January 1, 1988, each
33		payment shall be in an amount equal to 22.5% of the taxpayer's
34		actual liability for the month or 26.25% of the taxpayer's
35		liability for the same calendar month of the preceding year. If
36		the month during which such tax liability is incurred begins on

1		or after January 1, 1988, and prior to January 1, 1989, or
2		begins on or after January 1, 1996, each payment shall be in an
3		amount equal to 22.5% of the taxpayer's actual liability for
4		the month or 25% of the taxpayer's liability for the same
5		calendar month of the preceding year. If the month during which
6		such tax liability is incurred begins on or after January 1,
7		1989, and prior to January 1, 1996, each payment shall be in an
8		amount equal to 22.5% of the taxpayer's actual liability for
9		the month or 25% of the taxpayer's liability for the same
10		calendar month of the preceding year or 100% of the taxpayer's
11		actual liability for the quarter monthly reporting period. The
12		amount of such quarter monthly payments shall be credited
13		against the final tax liability of the taxpayer's return for
14		that month. Before October 1, 2000, once applicable, the
15		requirement of the making of quarter monthly payments to the
16		Department by taxpayers having an average monthly tax liability
17		of $10,000 or more as determined in the manner provided above
18		shall continue until such taxpayer's average monthly liability
19		to the Department during the preceding 4 complete calendar
20		quarters (excluding the month of highest liability and the
21		month of lowest liability) is less than $9,000, or until such
22		taxpayer's average monthly liability to the Department as
23		computed for each calendar quarter of the 4 preceding complete
24		calendar quarter period is less than $10,000. However, if a
25		taxpayer can show the Department that a substantial change in
26		the taxpayer's business has occurred which causes the taxpayer
27		to anticipate that his average monthly tax liability for the
28		reasonably foreseeable future will fall below the $10,000
29		threshold stated above, then such taxpayer may petition the
30		Department for a change in such taxpayer's reporting status. On
31		and after October 1, 2000, once applicable, the requirement of
32		the making of quarter monthly payments to the Department by
33		taxpayers having an average monthly tax liability of $20,000 or
34		more as determined in the manner provided above shall continue
35		until such taxpayer's average monthly liability to the
36		Department during the preceding 4 complete calendar quarters

1		(excluding the month of highest liability and the month of
2		lowest liability) is less than $19,000 or until such taxpayer's
3		average monthly liability to the Department as computed for
4		each calendar quarter of the 4 preceding complete calendar
5		quarter period is less than $20,000. However, if a taxpayer can
6		show the Department that a substantial change in the taxpayer's
7		business has occurred which causes the taxpayer to anticipate
8		that his average monthly tax liability for the reasonably
9		foreseeable future will fall below the $20,000 threshold stated
10		above, then such taxpayer may petition the Department for a
11		change in such taxpayer's reporting status. The Department
12		shall change such taxpayer's reporting status unless it finds
13		that such change is seasonal in nature and not likely to be
14		long term. If any such quarter monthly payment is not paid at
15		the time or in the amount required by this Section, then the
16		taxpayer shall be liable for penalties and interest on the
17		difference between the minimum amount due as a payment and the
18		amount of such quarter monthly payment actually and timely
19		paid, except insofar as the taxpayer has previously made
20		payments for that month to the Department in excess of the
21		minimum payments previously due as provided in this Section.
22		The Department shall make reasonable rules and regulations to
23		govern the quarter monthly payment amount and quarter monthly
24		payment dates for taxpayers who file on other than a calendar
25		monthly basis.
26		The provisions of this paragraph apply before October 1,
27		2001. Without regard to whether a taxpayer is required to make
28		quarter monthly payments as specified above, any taxpayer who
29		is required by Section 2d of this Act to collect and remit
30		prepaid taxes and has collected prepaid taxes which average in
31		excess of $25,000 per month during the preceding 2 complete
32		calendar quarters, shall file a return with the Department as
33		required by Section 2f and shall make payments to the
34		Department on or before the 7th, 15th, 22nd and last day of the
35		month during which such liability is incurred. If the month
36		during which such tax liability is incurred began prior to the

1		effective date of this amendatory Act of 1985, each payment
2		shall be in an amount not less than 22.5% of the taxpayer's
3		actual liability under Section 2d. If the month during which
4		such tax liability is incurred begins on or after January 1,
5		1986, each payment shall be in an amount equal to 22.5% of the
6		taxpayer's actual liability for the month or 27.5% of the
7		taxpayer's liability for the same calendar month of the
8		preceding calendar year. If the month during which such tax
9		liability is incurred begins on or after January 1, 1987, each
10		payment shall be in an amount equal to 22.5% of the taxpayer's
11		actual liability for the month or 26.25% of the taxpayer's
12		liability for the same calendar month of the preceding year.
13		The amount of such quarter monthly payments shall be credited
14		against the final tax liability of the taxpayer's return for
15		that month filed under this Section or Section 2f, as the case
16		may be. Once applicable, the requirement of the making of
17		quarter monthly payments to the Department pursuant to this
18		paragraph shall continue until such taxpayer's average monthly
19		prepaid tax collections during the preceding 2 complete
20		calendar quarters is $25,000 or less. If any such quarter
21		monthly payment is not paid at the time or in the amount
22		required, the taxpayer shall be liable for penalties and
23		interest on such difference, except insofar as the taxpayer has
24		previously made payments for that month in excess of the
25		minimum payments previously due.
26		The provisions of this paragraph apply on and after October
27		1, 2001. Without regard to whether a taxpayer is required to
28		make quarter monthly payments as specified above, any taxpayer
29		who is required by Section 2d of this Act to collect and remit
30		prepaid taxes and has collected prepaid taxes that average in
31		excess of $20,000 per month during the preceding 4 complete
32		calendar quarters shall file a return with the Department as
33		required by Section 2f and shall make payments to the
34		Department on or before the 7th, 15th, 22nd and last day of the
35		month during which the liability is incurred. Each payment
36		shall be in an amount equal to 22.5% of the taxpayer's actual

1		liability for the month or 25% of the taxpayer's liability for
2		the same calendar month of the preceding year. The amount of
3		the quarter monthly payments shall be credited against the
4		final tax liability of the taxpayer's return for that month
5		filed under this Section or Section 2f, as the case may be.
6		Once applicable, the requirement of the making of quarter
7		monthly payments to the Department pursuant to this paragraph
8		shall continue until the taxpayer's average monthly prepaid tax
9		collections during the preceding 4 complete calendar quarters
10		(excluding the month of highest liability and the month of
11		lowest liability) is less than $19,000 or until such taxpayer's
12		average monthly liability to the Department as computed for
13		each calendar quarter of the 4 preceding complete calendar
14		quarters is less than $20,000. If any such quarter monthly
15		payment is not paid at the time or in the amount required, the
16		taxpayer shall be liable for penalties and interest on such
17		difference, except insofar as the taxpayer has previously made
18		payments for that month in excess of the minimum payments
19		previously due.
20		If any payment provided for in this Section exceeds the
21		taxpayer's liabilities under this Act, the Use Tax Act, the
22		Service Occupation Tax Act and the Service Use Tax Act, as
23		shown on an original monthly return, the Department shall, if
24		requested by the taxpayer, issue to the taxpayer a credit
25		memorandum no later than 30 days after the date of payment. The
26		credit evidenced by such credit memorandum may be assigned by
27		the taxpayer to a similar taxpayer under this Act, the Use Tax
28		Act, the Service Occupation Tax Act or the Service Use Tax Act,
29		in accordance with reasonable rules and regulations to be
30		prescribed by the Department. If no such request is made, the
31		taxpayer may credit such excess payment against tax liability
32		subsequently to be remitted to the Department under this Act,
33		the Use Tax Act, the Service Occupation Tax Act or the Service
34		Use Tax Act, in accordance with reasonable rules and
35		regulations prescribed by the Department. If the Department
36		subsequently determined that all or any part of the credit

1		taken was not actually due to the taxpayer, the taxpayer's 2.1%
2		and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
3		of the difference between the credit taken and that actually
4		due, and that taxpayer shall be liable for penalties and
5		interest on such difference.
6		If a retailer of motor fuel is entitled to a credit under
7		Section 2d of this Act which exceeds the taxpayer's liability
8		to the Department under this Act for the month which the
9		taxpayer is filing a return, the Department shall issue the
10		taxpayer a credit memorandum for the excess.
11		Beginning January 1, 1990, each month the Department shall
12		pay into the Local Government Tax Fund, a special fund in the
13		State treasury which is hereby created, the net revenue
14		realized for the preceding month from the 1% tax on sales of
15		food for human consumption which is to be consumed off the
16		premises where it is sold (other than alcoholic beverages, soft
17		drinks and food which has been prepared for immediate
18		consumption) and prescription and nonprescription medicines,
19		drugs, medical appliances and insulin, urine testing
20		materials, syringes and needles used by diabetics.
21		Beginning January 1, 1990, each month the Department shall
22		pay into the County and Mass Transit District Fund, a special
23		fund in the State treasury which is hereby created, 4% of the
24		net revenue realized for the preceding month from the 6.25%
25		general rate.
26		Beginning August 1, 2000, each month the Department shall
27		pay into the County and Mass Transit District Fund 20% of the
28		net revenue realized for the preceding month from the 1.25%
29		rate on the selling price of motor fuel and gasohol.
30		Beginning January 1, 1990, each month the Department shall
31		pay into the Local Government Tax Fund 16% of the net revenue
32		realized for the preceding month from the 6.25% general rate on
33		the selling price of tangible personal property.
34		Beginning August 1, 2000, each month the Department shall
35		pay into the Local Government Tax Fund 80% of the net revenue
36		realized for the preceding month from the 1.25% rate on the

1		selling price of motor fuel and gasohol.
2		Of the remainder of the moneys received by the Department
3		pursuant to this Act, (a) 1.75% thereof shall be paid into the
4		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
5		and after July 1, 1989, 3.8% thereof shall be paid into the
6		Build Illinois Fund; provided, however, that if in any fiscal
7		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
8		may be, of the moneys received by the Department and required
9		to be paid into the Build Illinois Fund pursuant to this Act,
10		Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
11		Act, and Section 9 of the Service Occupation Tax Act, such Acts
12		being hereinafter called the "Tax Acts" and such aggregate of
13		2.2% or 3.8%, as the case may be, of moneys being hereinafter
14		called the "Tax Act Amount", and (2) the amount transferred to
15		the Build Illinois Fund from the State and Local Sales Tax
16		Reform Fund shall be less than the Annual Specified Amount (as
17		hereinafter defined), an amount equal to the difference shall
18		be immediately paid into the Build Illinois Fund from other
19		moneys received by the Department pursuant to the Tax Acts; the
20		"Annual Specified Amount" means the amounts specified below for
21		fiscal years 1986 through 1993:
31		and means the Certified Annual Debt Service Requirement (as
32		defined in Section 13 of the Build Illinois Bond Act) or the
33		Tax Act Amount, whichever is greater, for fiscal year 1994 and
34		each fiscal year thereafter; and further provided, that if on
35		the last business day of any month the sum of (1) the Tax Act
36		Amount required to be deposited into the Build Illinois Bond

1		Account in the Build Illinois Fund during such month and (2)
2		the amount transferred to the Build Illinois Fund from the
3		State and Local Sales Tax Reform Fund shall have been less than
4		1/12 of the Annual Specified Amount, an amount equal to the
5		difference shall be immediately paid into the Build Illinois
6		Fund from other moneys received by the Department pursuant to
7		the Tax Acts; and, further provided, that in no event shall the
8		payments required under the preceding proviso result in
9		aggregate payments into the Build Illinois Fund pursuant to
10		this clause (b) for any fiscal year in excess of the greater of
11		(i) the Tax Act Amount or (ii) the Annual Specified Amount for
12		such fiscal year. The amounts payable into the Build Illinois
13		Fund under clause (b) of the first sentence in this paragraph
14		shall be payable only until such time as the aggregate amount
15		on deposit under each trust indenture securing Bonds issued and
16		outstanding pursuant to the Build Illinois Bond Act is
17		sufficient, taking into account any future investment income,
18		to fully provide, in accordance with such indenture, for the
19		defeasance of or the payment of the principal of, premium, if
20		any, and interest on the Bonds secured by such indenture and on
21		any Bonds expected to be issued thereafter and all fees and
22		costs payable with respect thereto, all as certified by the
23		Director of the Bureau of the Budget (now Governor's Office of
24		Management and Budget). If on the last business day of any
25		month in which Bonds are outstanding pursuant to the Build
26		Illinois Bond Act, the aggregate of moneys deposited in the
27		Build Illinois Bond Account in the Build Illinois Fund in such
28		month shall be less than the amount required to be transferred
29		in such month from the Build Illinois Bond Account to the Build
30		Illinois Bond Retirement and Interest Fund pursuant to Section
31		13 of the Build Illinois Bond Act, an amount equal to such
32		deficiency shall be immediately paid from other moneys received
33		by the Department pursuant to the Tax Acts to the Build
34		Illinois Fund; provided, however, that any amounts paid to the
35		Build Illinois Fund in any fiscal year pursuant to this
36		sentence shall be deemed to constitute payments pursuant to

1		clause (b) of the first sentence of this paragraph and shall
2		reduce the amount otherwise payable for such fiscal year
3		pursuant to that clause (b). The moneys received by the
4		Department pursuant to this Act and required to be deposited
5		into the Build Illinois Fund are subject to the pledge, claim
6		and charge set forth in Section 12 of the Build Illinois Bond
7		Act.
8		Subject to payment of amounts into the Build Illinois Fund
9		as provided in the preceding paragraph or in any amendment
10		thereto hereafter enacted, the following specified monthly
11		installment of the amount requested in the certificate of the
12		Chairman of the Metropolitan Pier and Exposition Authority
13		provided under Section 8.25f of the State Finance Act, but not
14		in excess of sums designated as "Total Deposit", shall be
15		deposited in the aggregate from collections under Section 9 of
16		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
17		9 of the Service Occupation Tax Act, and Section 3 of the
18		Retailers' Occupation Tax Act into the McCormick Place
19		Expansion Project Fund in the specified fiscal years.

24		Beginning July 20, 1993 and in each month of each fiscal
25		year thereafter, one-eighth of the amount requested in the
26		certificate of the Chairman of the Metropolitan Pier and
27		Exposition Authority for that fiscal year, less the amount
28		deposited into the McCormick Place Expansion Project Fund by
29		the State Treasurer in the respective month under subsection
30		(g) of Section 13 of the Metropolitan Pier and Exposition
31		Authority Act, plus cumulative deficiencies in the deposits
32		required under this Section for previous months and years,
33		shall be deposited into the McCormick Place Expansion Project
34		Fund, until the full amount requested for the fiscal year, but
35		not in excess of the amount specified above as "Total Deposit",
36		has been deposited.

1		Subject to payment of amounts into the Build Illinois Fund
2		and the McCormick Place Expansion Project Fund under the
3		preceding paragraphs, each month the Department shall, subject
4		to appropriation, pay into the Local Government Distributive
5		Fund 0.4% of the net revenue realized for the preceding month
6		from the 5% general rate or 0.4% of 80% of the net revenue
7		realized for the preceding month from the 6.25% general rate,
8		as the case may be, on the selling price of tangible personal
9		property. That amount shall, subject to appropriation, be
10		distributed as provided in Section 2 of the State Revenue
11		Sharing Act. No payments or distributions under this paragraph
12		shall be made if the tax imposed by this Act on photoprocessing
13		products is declared unconstitutional or if the proceeds from
14		that tax are unavailable for distribution because of
15		litigation.
16		Subject to payment of amounts into the Build Illinois Fund,
17		and the McCormick Place Expansion Project Fund, and the Local
18		Government Distributive Fund pursuant to the preceding
19		paragraphs or in any amendments thereto hereafter enacted,
20		beginning July 1, 1993, the Department shall each month pay
21		into the Illinois Tax Increment Fund 0.27% of 80% of the net
22		revenue realized for the preceding month from the 6.25% general
23		rate on the selling price of tangible personal property.
24		Subject to payment of amounts into the Build Illinois Fund,
25		and the McCormick Place Expansion Project Fund, and the Local
26		Government Distributive Fund pursuant to the preceding
27		paragraphs or in any amendments thereto hereafter enacted,
28		beginning with the receipt of the first report of taxes paid by
29		an eligible business and continuing for a 25-year period, the
30		Department shall each month pay into the Energy Infrastructure
31		Fund 80% of the net revenue realized from the 6.25% general
32		rate on the selling price of Illinois-mined coal that was sold
33		to an eligible business. For purposes of this paragraph, the
34		term "eligible business" means a new electric generating
35		facility certified pursuant to Section 605-332 of the
36		Department of Commerce and Economic Opportunity Community

1		Affairs Law of the Civil Administrative Code of Illinois.
2		Of the remainder of the moneys received by the Department
3		pursuant to this Act, 75% thereof shall be paid into the State
4		Treasury and 25% shall be reserved in a special account and
5		used only for the transfer to the Common School Fund as part of
6		the monthly transfer from the General Revenue Fund in
7		accordance with Section 8a of the State Finance Act.
8		The Department may, upon separate written notice to a
9		taxpayer, require the taxpayer to prepare and file with the
10		Department on a form prescribed by the Department within not
11		less than 60 days after receipt of the notice an annual
12		information return for the tax year specified in the notice.
13		Such annual return to the Department shall include a statement
14		of gross receipts as shown by the retailer's last Federal
15		income tax return. If the total receipts of the business as
16		reported in the Federal income tax return do not agree with the
17		gross receipts reported to the Department of Revenue for the
18		same period, the retailer shall attach to his annual return a
19		schedule showing a reconciliation of the 2 amounts and the
20		reasons for the difference. The retailer's annual return to the
21		Department shall also disclose the cost of goods sold by the
22		retailer during the year covered by such return, opening and
23		closing inventories of such goods for such year, costs of goods
24		used from stock or taken from stock and given away by the
25		retailer during such year, payroll information of the
26		retailer's business during such year and any additional
27		reasonable information which the Department deems would be
28		helpful in determining the accuracy of the monthly, quarterly
29		or annual returns filed by such retailer as provided for in
30		this Section.
31		If the annual information return required by this Section
32		is not filed when and as required, the taxpayer shall be liable
33		as follows:
34		(i) Until January 1, 1994, the taxpayer shall be liable
35		for a penalty equal to 1/6 of 1% of the tax due from such
36		taxpayer under this Act during the period to be covered by

1		the annual return for each month or fraction of a month
2		until such return is filed as required, the penalty to be
3		assessed and collected in the same manner as any other
4		penalty provided for in this Act.
5		(ii) On and after January 1, 1994, the taxpayer shall
6		be liable for a penalty as described in Section 3-4 of the
7		Uniform Penalty and Interest Act.
8		The chief executive officer, proprietor, owner or highest
9		ranking manager shall sign the annual return to certify the
10		accuracy of the information contained therein. Any person who
11		willfully signs the annual return containing false or
12		inaccurate information shall be guilty of perjury and punished
13		accordingly. The annual return form prescribed by the
14		Department shall include a warning that the person signing the
15		return may be liable for perjury.
16		The provisions of this Section concerning the filing of an
17		annual information return do not apply to a retailer who is not
18		required to file an income tax return with the United States
19		Government.
20		As soon as possible after the first day of each month, upon
21		certification of the Department of Revenue, the Comptroller
22		shall order transferred and the Treasurer shall transfer from
23		the General Revenue Fund to the Motor Fuel Tax Fund an amount
24		equal to 1.7% of 80% of the net revenue realized under this Act
25		for the second preceding month. Beginning April 1, 2000, this
26		transfer is no longer required and shall not be made.
27		Net revenue realized for a month shall be the revenue
28		collected by the State pursuant to this Act, less the amount
29		paid out during that month as refunds to taxpayers for
30		overpayment of liability.
31		For greater simplicity of administration, manufacturers,
32		importers and wholesalers whose products are sold at retail in
33		Illinois by numerous retailers, and who wish to do so, may
34		assume the responsibility for accounting and paying to the
35		Department all tax accruing under this Act with respect to such
36		sales, if the retailers who are affected do not make written

1		objection to the Department to this arrangement.
2		Any person who promotes, organizes, provides retail
3		selling space for concessionaires or other types of sellers at
4		the Illinois State Fair, DuQuoin State Fair, county fairs,
5		local fairs, art shows, flea markets and similar exhibitions or
6		events, including any transient merchant as defined by Section
7		2 of the Transient Merchant Act of 1987, is required to file a
8		report with the Department providing the name of the merchant's
9		business, the name of the person or persons engaged in
10		merchant's business, the permanent address and Illinois
11		Retailers Occupation Tax Registration Number of the merchant,
12		the dates and location of the event and other reasonable
13		information that the Department may require. The report must be
14		filed not later than the 20th day of the month next following
15		the month during which the event with retail sales was held.
16		Any person who fails to file a report required by this Section
17		commits a business offense and is subject to a fine not to
18		exceed $250.
19		Any person engaged in the business of selling tangible
20		personal property at retail as a concessionaire or other type
21		of seller at the Illinois State Fair, county fairs, art shows,
22		flea markets and similar exhibitions or events, or any
23		transient merchants, as defined by Section 2 of the Transient
24		Merchant Act of 1987, may be required to make a daily report of
25		the amount of such sales to the Department and to make a daily
26		payment of the full amount of tax due. The Department shall
27		impose this requirement when it finds that there is a
28		significant risk of loss of revenue to the State at such an
29		exhibition or event. Such a finding shall be based on evidence
30		that a substantial number of concessionaires or other sellers
31		who are not residents of Illinois will be engaging in the
32		business of selling tangible personal property at retail at the
33		exhibition or event, or other evidence of a significant risk of
34		loss of revenue to the State. The Department shall notify
35		concessionaires and other sellers affected by the imposition of
36		this requirement. In the absence of notification by the

1		Department, the concessionaires and other sellers shall file
2		their returns as otherwise required in this Section.
3		(Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-208,
4		eff. 8-2-01; 92-484, eff. 8-23-01; 92-492, eff. 1-1-02; 92-600,
5		eff. 6-28-02; 92-651, eff. 7-11-02; 93-22, eff. 6-20-03; 93-24,
6		eff. 6-20-03; revised 10-15-03.)

Section 99. Effective date. This Act takes effect on July 1, 2004.