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1 | AN ACT concerning taxes.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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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)
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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.
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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.
|
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| |||||||
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. A transaction
| ||||||
8 | reporting return that is transmitted by mail by the retailer | ||||||
9 | and postmarked not
later than
20 days after the
date of | ||||||
10 | delivery of the item that is being sold
shall
be deemed to have | ||||||
11 | been filed in accordance with the 20-day deadline created in
| ||||||
12 | this
paragraph.
| ||||||
13 | With each such transaction reporting return, the retailer | ||||||
14 | shall remit
the proper amount of tax due (or shall submit | ||||||
15 | satisfactory evidence that
the sale is not taxable if that is | ||||||
16 | the case), to the Department or its
agents, whereupon the | ||||||
17 | Department shall issue, in the purchaser's name, a
tax receipt | ||||||
18 | (or a certificate of exemption if the Department is
satisfied | ||||||
19 | that the particular sale is tax exempt) which such purchaser
| ||||||
20 | may submit to the agency with which, or State officer with | ||||||
21 | whom, he must
title or register the tangible personal property | ||||||
22 | that is involved (if
titling or registration is required) in | ||||||
23 | support of such purchaser's
application for an Illinois | ||||||
24 | certificate or other evidence of title or
registration to such | ||||||
25 | tangible personal property.
| ||||||
26 | No retailer's failure or refusal to remit tax under this | ||||||
27 | Act
precludes a user, who has paid the proper tax to the | ||||||
28 | retailer, from
obtaining his certificate of title or other | ||||||
29 | evidence of title or
registration (if titling or registration | ||||||
30 | is required) upon satisfying
the Department that such user has | ||||||
31 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
32 | Department shall adopt appropriate rules to carry out
the | ||||||
33 | mandate of this paragraph.
| ||||||
34 | If the user who would otherwise pay tax to the retailer | ||||||
35 | wants the
transaction reporting return filed and the payment of | ||||||
36 | tax or proof of
exemption made to the Department before the |
| |||||||
| |||||||
1 | retailer is willing to take
these actions and such user has not | ||||||
2 | paid the tax to the retailer, such
user may certify to the fact | ||||||
3 | of such delay by the retailer, and may
(upon the Department | ||||||
4 | being satisfied of the truth of such certification)
transmit | ||||||
5 | the information required by the transaction reporting return
| ||||||
6 | and the remittance for tax or proof of exemption directly to | ||||||
7 | the
Department and obtain his tax receipt or exemption | ||||||
8 | determination, in
which event the transaction reporting return | ||||||
9 | and tax remittance (if a
tax payment was required) shall be | ||||||
10 | credited by the Department to the
proper retailer's account | ||||||
11 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
12 | provided for in this Section being allowed. When the user pays
| ||||||
13 | the tax directly to the Department, he shall pay the tax in the | ||||||
14 | same
amount and in the same form in which it would be remitted | ||||||
15 | if the tax had
been remitted to the Department by the retailer.
| ||||||
16 | Where a retailer collects the tax with respect to the | ||||||
17 | selling price
of tangible personal property which he sells and | ||||||
18 | the purchaser
thereafter returns such tangible personal | ||||||
19 | property and the retailer
refunds the selling price thereof to | ||||||
20 | the purchaser, such retailer shall
also refund, to the | ||||||
21 | purchaser, the tax so collected from the purchaser.
When filing | ||||||
22 | his return for the period in which he refunds such tax to
the | ||||||
23 | purchaser, the retailer may deduct the amount of the tax so | ||||||
24 | refunded
by him to the purchaser from any other use tax which | ||||||
25 | such retailer may
be required to pay or remit to the | ||||||
26 | Department, as shown by such return,
if the amount of the tax | ||||||
27 | to be deducted was previously remitted to the
Department by | ||||||
28 | such retailer. If the retailer has not previously
remitted the | ||||||
29 | amount of such tax to the Department, he is entitled to no
| ||||||
30 | deduction under this Act upon refunding such tax to the | ||||||
31 | purchaser.
| ||||||
32 | Any retailer filing a return under this Section shall also | ||||||
33 | include
(for the purpose of paying tax thereon) the total tax | ||||||
34 | covered by such
return upon the selling price of tangible | ||||||
35 | personal property purchased by
him at retail from a retailer, | ||||||
36 | but as to which the tax imposed by this
Act was not collected |
| |||||||
| |||||||
1 | from the retailer filing such return, and such
retailer shall | ||||||
2 | remit the amount of such tax to the Department when
filing such | ||||||
3 | return.
| ||||||
4 | If experience indicates such action to be practicable, the | ||||||
5 | Department
may prescribe and furnish a combination or joint | ||||||
6 | return which will
enable retailers, who are required to file | ||||||
7 | returns hereunder and also
under the Retailers' Occupation Tax | ||||||
8 | Act, to furnish all the return
information required by both | ||||||
9 | Acts on the one form.
| ||||||
10 | Where the retailer has more than one business registered | ||||||
11 | with the
Department under separate registration under this Act, | ||||||
12 | such retailer may
not file each return that is due as a single | ||||||
13 | return covering all such
registered businesses, but shall file | ||||||
14 | separate returns for each such
registered business.
| ||||||
15 | Beginning January 1, 1990, each month the Department shall | ||||||
16 | pay into the
State and Local Sales Tax Reform Fund, a special | ||||||
17 | fund in the State Treasury
which is hereby created, the net | ||||||
18 | revenue realized for the preceding month
from the 1% tax on | ||||||
19 | sales of food for human consumption which is to be
consumed off | ||||||
20 | the premises where it is sold (other than alcoholic beverages,
| ||||||
21 | soft drinks and food which has been prepared for immediate | ||||||
22 | consumption) and
prescription and nonprescription medicines, | ||||||
23 | drugs, medical appliances and
insulin, urine testing | ||||||
24 | materials, syringes and needles used by diabetics.
| ||||||
25 | Beginning January 1, 1990, each month the Department shall | ||||||
26 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
27 | net revenue realized
for the preceding month from the 6.25% | ||||||
28 | general rate
on the selling price of tangible personal property | ||||||
29 | which is purchased
outside Illinois at retail from a retailer | ||||||
30 | and which is titled or
registered by an agency of this State's | ||||||
31 | government.
| ||||||
32 | Beginning January 1, 1990, each month the Department shall | ||||||
33 | pay into
the State and Local Sales Tax Reform Fund, a special | ||||||
34 | fund in the State
Treasury, 20% of the net revenue realized
for | ||||||
35 | the preceding month from the 6.25% general rate on the selling
| ||||||
36 | price of tangible personal property, other than tangible |
| |||||||
| |||||||
1 | personal property
which is purchased outside Illinois at retail | ||||||
2 | from a retailer and which is
titled or registered by an agency | ||||||
3 | of this State's government.
| ||||||
4 | Beginning August 1, 2000, each
month the Department shall | ||||||
5 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
6 | net revenue realized for the
preceding month from the 1.25% | ||||||
7 | rate on the selling price of motor fuel and
gasohol.
| ||||||
8 | Beginning January 1, 1990, each month the Department shall | ||||||
9 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
10 | realized for the
preceding month from the 6.25% general rate on | ||||||
11 | the selling price of
tangible personal property which is | ||||||
12 | purchased outside Illinois at retail
from a retailer and which | ||||||
13 | is titled or registered by an agency of this
State's | ||||||
14 | government.
| ||||||
15 | Of the remainder of the moneys received by the Department | ||||||
16 | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||||||
17 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||||||
18 | and after July 1, 1989, 3.8% thereof shall be paid into the
| ||||||
19 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
20 | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
21 | may be, of the
moneys received by the Department and required | ||||||
22 | to be paid into the Build
Illinois Fund pursuant to Section 3 | ||||||
23 | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||||||
24 | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||||||
25 | Service Occupation Tax Act, such Acts being
hereinafter called | ||||||
26 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||||||
27 | may be, of moneys being hereinafter called the "Tax Act | ||||||
28 | Amount",
and (2) the amount transferred to the Build Illinois | ||||||
29 | Fund from the State
and Local Sales Tax Reform Fund shall be | ||||||
30 | less than the Annual Specified
Amount (as defined in Section 3 | ||||||
31 | of the Retailers' Occupation Tax Act), an
amount equal to the | ||||||
32 | difference shall be immediately paid into the Build
Illinois | ||||||
33 | Fund from other moneys received by the Department pursuant to | ||||||
34 | the
Tax Acts; and further provided, that if on the last | ||||||
35 | business day of any
month the sum of (1) the Tax Act Amount | ||||||
36 | required to be deposited into the
Build Illinois Bond Account |
| |||||||
| |||||||
1 | in the Build Illinois Fund during such month
and (2) the amount | ||||||
2 | transferred during such month to the Build Illinois Fund
from | ||||||
3 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
4 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
5 | the difference
shall be immediately paid into the Build | ||||||
6 | Illinois Fund from other moneys
received by the Department | ||||||
7 | pursuant to the Tax Acts; and,
further provided, that in no | ||||||
8 | event shall the payments required under the
preceding proviso | ||||||
9 | result in aggregate payments into the Build Illinois Fund
| ||||||
10 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
11 | the greater
of (i) the Tax Act Amount or (ii) the Annual | ||||||
12 | Specified Amount for such
fiscal year; and, further provided, | ||||||
13 | that the amounts payable into the Build
Illinois Fund under | ||||||
14 | this clause (b) shall be payable only until such time
as the | ||||||
15 | aggregate amount on deposit under each trust
indenture securing | ||||||
16 | Bonds issued and outstanding pursuant to the Build
Illinois | ||||||
17 | Bond Act is sufficient, taking into account any future | ||||||
18 | investment
income, to fully provide, in accordance with such | ||||||
19 | indenture, for the
defeasance of or the payment of the | ||||||
20 | principal of, premium, if any, and
interest on the Bonds | ||||||
21 | secured by such indenture and on any Bonds expected
to be | ||||||
22 | issued thereafter and all fees and costs payable with respect | ||||||
23 | thereto,
all as certified by the Director of the
Bureau of the | ||||||
24 | Budget (now Governor's Office of Management and Budget) . If
on | ||||||
25 | the last
business day of any month in which Bonds are | ||||||
26 | outstanding pursuant to the
Build Illinois Bond Act, the | ||||||
27 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
28 | Account in the Build Illinois Fund in such month
shall be less | ||||||
29 | than the amount required to be transferred in such month from
| ||||||
30 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
31 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
32 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
33 | shall be immediately paid
from other moneys received by the | ||||||
34 | Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||||||
35 | provided, however, that any amounts paid to the
Build Illinois | ||||||
36 | Fund in any fiscal year pursuant to this sentence shall be
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | deemed to constitute payments pursuant to clause (b) of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | preceding
sentence and shall reduce the amount otherwise | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | payable for such fiscal year
pursuant to clause (b) of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | preceding sentence. The moneys received by
the Department | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | pursuant to this Act and required to be deposited into the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Build Illinois Fund are subject to the pledge, claim and charge | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | set forth
in Section 12 of the Build Illinois Bond 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 the 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 pursuant to the | ||||||
3 | preceding paragraphs or
in any amendments thereto
hereafter | ||||||
4 | enacted,
beginning July 1, 1993, the Department shall each | ||||||
5 | month pay into the Illinois
Tax Increment Fund 0.27% of 80% of | ||||||
6 | the net revenue realized for the preceding
month from the 6.25% | ||||||
7 | general rate on the selling price of tangible personal
| ||||||
8 | property.
| ||||||
9 | Subject to payment of amounts into the Build Illinois Fund | ||||||
10 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
11 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
12 | enacted, beginning with the receipt of the first
report of | ||||||
13 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
14 | period, the Department shall each month pay into the Energy | ||||||
15 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
16 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
17 | that was sold to an eligible business.
For purposes of this | ||||||
18 | paragraph, the term "eligible business" means a new
electric | ||||||
19 | generating facility certified pursuant to Section 605-332 of | ||||||
20 | the
Department of Commerce and
Economic Opportunity
Community | ||||||
21 | Affairs Law of the Civil Administrative
Code of Illinois.
| ||||||
22 | Of the remainder of the moneys received by the Department | ||||||
23 | pursuant
to this Act, 75% thereof shall be paid into the State | ||||||
24 | Treasury and 25%
shall be reserved in a special account and | ||||||
25 | used only for the transfer to
the Common School Fund as part of | ||||||
26 | the monthly transfer from the General
Revenue Fund in | ||||||
27 | accordance with Section 8a of the State
Finance Act.
| ||||||
28 | As soon as possible after the first day of each month, upon | ||||||
29 | certification
of the Department of Revenue, the Comptroller | ||||||
30 | shall order transferred and
the Treasurer shall transfer from | ||||||
31 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
32 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
33 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
34 | transfer is no longer required
and shall not be made.
| ||||||
35 | Net revenue realized for a month shall be the revenue | ||||||
36 | collected
by the State pursuant to this Act, less the amount |
| |||||||
| |||||||
1 | paid out during that
month as refunds to taxpayers for | ||||||
2 | overpayment of liability.
| ||||||
3 | For greater simplicity of administration, manufacturers, | ||||||
4 | importers
and wholesalers whose products are sold at retail in | ||||||
5 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
6 | assume the responsibility
for accounting and paying to the | ||||||
7 | Department all tax accruing under this
Act with respect to such | ||||||
8 | sales, if the retailers who are affected do not
make written | ||||||
9 | objection to the Department to this arrangement.
| ||||||
10 | (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, | ||||||
11 | eff. 7-12-99;
91-541, eff. 8-13-99; 91-872, eff. 7-1-00; | ||||||
12 | 91-901, eff. 1-1-01; 92-12, eff.
7-1-01; 92-16, eff. 6-28-01; | ||||||
13 | 92-208, eff. 8-2-01; 92-492, eff. 1-1-02; 92-600,
eff. 6-28-02; | ||||||
14 | 92-651, eff. 7-11-02; revised 10-15-03 .)
| ||||||
15 | Section 10. The Retailers' Occupation Tax Act is amended by | ||||||
16 | changing Section
3 as follows:
| ||||||
17 | (35 ILCS 120/3) (from Ch. 120, par. 442)
| ||||||
18 | Sec. 3. Except as provided in this Section, on or before | ||||||
19 | the twentieth
day of each calendar month, every person engaged | ||||||
20 | in the business of
selling tangible personal property at retail | ||||||
21 | in this State during the
preceding calendar month shall file a | ||||||
22 | return with the Department, stating:
| ||||||
23 | 1. The name of the seller;
| ||||||
24 | 2. His residence address and the address of his | ||||||
25 | principal place of
business and the address of the | ||||||
26 | principal place of business (if that is
a different | ||||||
27 | address) from which he engages in the business of selling
| ||||||
28 | tangible personal property at retail in this State;
| ||||||
29 | 3. Total amount of receipts received by him during the | ||||||
30 | preceding
calendar month or quarter, as the case may be, | ||||||
31 | from sales of tangible
personal property, and from services | ||||||
32 | furnished, by him during such
preceding calendar month or | ||||||
33 | quarter;
| ||||||
34 | 4. Total amount received by him during the preceding |
| |||||||
| |||||||
1 | calendar month or
quarter on charge and time sales of | ||||||
2 | tangible personal property, and from
services furnished, | ||||||
3 | by him prior to the month or quarter for which the return
| ||||||
4 | is filed;
| ||||||
5 | 5. Deductions allowed by law;
| ||||||
6 | 6. Gross receipts which were received by him during the | ||||||
7 | preceding
calendar month or quarter and upon the basis of | ||||||
8 | which the tax is imposed;
| ||||||
9 | 7. The amount of credit provided in Section 2d of this | ||||||
10 | Act;
| ||||||
11 | 8. The amount of tax due;
| ||||||
12 | 9. The signature of the taxpayer; and
| ||||||
13 | 10. Such other reasonable information as the | ||||||
14 | Department may require.
| ||||||
15 | If a taxpayer fails to sign a return within 30 days after | ||||||
16 | the proper notice
and demand for signature by the Department, | ||||||
17 | the return shall be considered
valid and any amount shown to be | ||||||
18 | due on the return shall be deemed assessed.
| ||||||
19 | Each return shall be accompanied by the statement of | ||||||
20 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
21 | claimed.
| ||||||
22 | Prior to October 1, 2003, a retailer may accept a | ||||||
23 | Manufacturer's Purchase
Credit
certification from a purchaser | ||||||
24 | in satisfaction of Use Tax
as provided in Section 3-85 of the | ||||||
25 | Use Tax Act if the purchaser provides the
appropriate | ||||||
26 | documentation as required by Section 3-85
of the Use Tax Act. A | ||||||
27 | Manufacturer's Purchase Credit
certification, accepted by a | ||||||
28 | retailer prior to October 1, 2003 as provided
in
Section 3-85 | ||||||
29 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
30 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
31 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
32 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
33 | Credit
reported on any original or amended return
filed under
| ||||||
34 | this Act after October 20, 2003 shall be disallowed. No | ||||||
35 | Manufacturer's
Purchase Credit may be used after September 30, | ||||||
36 | 2003 to
satisfy any
tax liability imposed under this Act, |
| |||||||
| |||||||
1 | including any audit liability.
| ||||||
2 | The Department may require returns to be filed on a | ||||||
3 | quarterly basis.
If so required, a return for each calendar | ||||||
4 | quarter shall be filed on or
before the twentieth day of the | ||||||
5 | calendar month following the end of such
calendar quarter. The | ||||||
6 | taxpayer shall also file a return with the
Department for each | ||||||
7 | of the first two months of each calendar quarter, on or
before | ||||||
8 | the twentieth day of the following calendar month, stating:
| ||||||
9 | 1. The name of the seller;
| ||||||
10 | 2. The address of the principal place of business from | ||||||
11 | which he engages
in the business of selling tangible | ||||||
12 | personal property at retail in this State;
| ||||||
13 | 3. The total amount of taxable receipts received by him | ||||||
14 | during the
preceding calendar month from sales of tangible | ||||||
15 | personal property by him
during such preceding calendar | ||||||
16 | month, including receipts from charge and
time sales, but | ||||||
17 | less all deductions allowed by law;
| ||||||
18 | 4. The amount of credit provided in Section 2d of this | ||||||
19 | Act;
| ||||||
20 | 5. The amount of tax due; and
| ||||||
21 | 6. Such other reasonable information as the Department | ||||||
22 | may
require.
| ||||||
23 | Beginning on October 1, 2003, any person who is not a | ||||||
24 | licensed
distributor, importing distributor, or manufacturer, | ||||||
25 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
26 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
27 | a statement with the Department of Revenue, in a format
and at | ||||||
28 | a time prescribed by the Department, showing the total amount | ||||||
29 | paid for
alcoholic liquor purchased during the preceding month | ||||||
30 | and such other
information as is reasonably required by the | ||||||
31 | Department.
The Department may adopt rules to require
that this | ||||||
32 | statement be filed in an electronic or telephonic format. Such | ||||||
33 | rules
may provide for exceptions from the filing requirements | ||||||
34 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
35 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
36 | Liquor Control Act of 1934.
|
| |||||||
| |||||||
1 | Beginning on October 1, 2003, every distributor, importing | ||||||
2 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
3 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
4 | Department of Revenue, no later than the 10th day of the
month | ||||||
5 | for the
preceding month during which transactions occurred, by | ||||||
6 | electronic means,
showing the
total amount of gross receipts | ||||||
7 | from the sale of alcoholic liquor sold or
distributed during
| ||||||
8 | the preceding month to purchasers; identifying the purchaser to | ||||||
9 | whom it was
sold or
distributed; the purchaser's tax | ||||||
10 | registration number; and such other
information
reasonably | ||||||
11 | required by the Department. A copy of the monthly statement | ||||||
12 | shall be
sent to
the retailer no later than the 10th day of the | ||||||
13 | month for the preceding month
during which
transactions | ||||||
14 | occurred.
| ||||||
15 | If a total amount of less than $1 is payable, refundable or | ||||||
16 | creditable,
such amount shall be disregarded if it is less than | ||||||
17 | 50 cents and shall be
increased to $1 if it is 50 cents or more.
| ||||||
18 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
19 | monthly tax liability of $150,000 or more shall
make all | ||||||
20 | payments required by rules of the
Department by electronic | ||||||
21 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
22 | an average monthly tax liability of $100,000 or more shall make | ||||||
23 | all
payments required by rules of the Department by electronic | ||||||
24 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
25 | an average monthly tax liability
of $50,000 or more shall make | ||||||
26 | all
payments required by rules of the Department by electronic | ||||||
27 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
28 | an annual tax liability of
$200,000 or more shall make all | ||||||
29 | payments required by rules of the Department by
electronic | ||||||
30 | funds transfer. The term "annual tax liability" shall be the | ||||||
31 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
32 | other State and local
occupation and use tax laws administered | ||||||
33 | by the Department, for the immediately
preceding calendar year.
| ||||||
34 | The term "average monthly tax liability" shall be the sum of | ||||||
35 | the
taxpayer's liabilities under this
Act, and under all other | ||||||
36 | State and local occupation and use tax
laws administered by the |
| |||||||
| |||||||
1 | Department, for the immediately preceding calendar
year | ||||||
2 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
3 | a tax liability in the
amount set forth in subsection (b) of | ||||||
4 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
5 | all payments required by rules of the Department by
electronic | ||||||
6 | funds transfer.
| ||||||
7 | Before August 1 of each year beginning in 1993, the | ||||||
8 | Department shall
notify all taxpayers required to make payments | ||||||
9 | by electronic funds
transfer. All taxpayers
required to make | ||||||
10 | payments by electronic funds transfer shall make those
payments | ||||||
11 | for
a minimum of one year beginning on October 1.
| ||||||
12 | Any taxpayer not required to make payments by electronic | ||||||
13 | funds transfer may
make payments by electronic funds transfer | ||||||
14 | with
the permission of the Department.
| ||||||
15 | All taxpayers required to make payment by electronic funds | ||||||
16 | transfer and
any taxpayers authorized to voluntarily make | ||||||
17 | payments by electronic funds
transfer shall make those payments | ||||||
18 | in the manner authorized by the Department.
| ||||||
19 | The Department shall adopt such rules as are necessary to | ||||||
20 | effectuate a
program of electronic funds transfer and the | ||||||
21 | requirements of this Section.
| ||||||
22 | Any amount which is required to be shown or reported on any | ||||||
23 | return or
other document under this Act shall, if such amount | ||||||
24 | is not a whole-dollar
amount, be increased to the nearest | ||||||
25 | whole-dollar amount in any case where
the fractional part of a | ||||||
26 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
27 | whole-dollar amount where the fractional part of a dollar is | ||||||
28 | less
than 50 cents.
| ||||||
29 | If the retailer is otherwise required to file a monthly | ||||||
30 | return and if the
retailer's average monthly tax liability to | ||||||
31 | the Department does not exceed
$200, the Department may | ||||||
32 | authorize his returns to be filed on a quarter
annual basis, | ||||||
33 | with the return for January, February and March of a given
year | ||||||
34 | being due by April 20 of such year; with the return for April, | ||||||
35 | May and
June of a given year being due by July 20 of such year; | ||||||
36 | with the return for
July, August and September of a given year |
| |||||||
| |||||||
1 | being due by October 20 of such
year, and with the return for | ||||||
2 | October, November and December of a given
year being due by | ||||||
3 | January 20 of the following year.
| ||||||
4 | If the retailer is otherwise required to file a monthly or | ||||||
5 | quarterly
return and if the retailer's average monthly tax | ||||||
6 | liability with the
Department does not exceed $50, the | ||||||
7 | Department may authorize his returns to
be filed on an annual | ||||||
8 | basis, with the return for a given year being due by
January 20 | ||||||
9 | of the following year.
| ||||||
10 | Such quarter annual and annual returns, as to form and | ||||||
11 | substance,
shall be subject to the same requirements as monthly | ||||||
12 | returns.
| ||||||
13 | Notwithstanding any other provision in this Act concerning | ||||||
14 | the time
within which a retailer may file his return, in the | ||||||
15 | case of any retailer
who ceases to engage in a kind of business | ||||||
16 | which makes him responsible
for filing returns under this Act, | ||||||
17 | such retailer shall file a final
return under this Act with the | ||||||
18 | Department not more than one month after
discontinuing such | ||||||
19 | business.
| ||||||
20 | Where the same person has more than one business registered | ||||||
21 | with the
Department under separate registrations under this | ||||||
22 | Act, such person may
not file each return that is due as a | ||||||
23 | single return covering all such
registered businesses, but | ||||||
24 | shall file separate returns for each such
registered business.
| ||||||
25 | In addition, with respect to motor vehicles, watercraft,
| ||||||
26 | aircraft, and trailers that are required to be registered with | ||||||
27 | an agency of
this State, every
retailer selling this kind of | ||||||
28 | tangible personal property shall file,
with the Department, | ||||||
29 | upon a form to be prescribed and supplied by the
Department, a | ||||||
30 | separate return for each such item of tangible personal
| ||||||
31 | property which the retailer sells, except that if, in the same
| ||||||
32 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
33 | vehicles or
trailers transfers more than one aircraft, | ||||||
34 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
35 | watercraft, motor vehicle
retailer or trailer retailer for the | ||||||
36 | purpose of resale
or (ii) a retailer of aircraft, watercraft, |
| |||||||
| |||||||
1 | motor vehicles, or trailers
transfers more than one aircraft, | ||||||
2 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
3 | a qualifying rolling stock as provided in Section 2-5 of
this | ||||||
4 | Act, then
that seller may report the transfer of all aircraft,
| ||||||
5 | watercraft, motor vehicles or trailers involved in that | ||||||
6 | transaction to the
Department on the same uniform | ||||||
7 | invoice-transaction reporting return form. For
purposes of | ||||||
8 | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||||||
9 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
10 | and Safety Act, a
personal watercraft, or any boat equipped | ||||||
11 | with an inboard motor.
| ||||||
12 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
13 | aircraft, or trailers that are required to be registered with | ||||||
14 | an agency of
this State, so that all
retailers' occupation tax | ||||||
15 | liability is required to be reported, and is
reported, on such | ||||||
16 | transaction reporting returns and who is not otherwise
required | ||||||
17 | to file monthly or quarterly returns, need not file monthly or
| ||||||
18 | quarterly returns. However, those retailers shall be required | ||||||
19 | to
file returns on an annual basis.
| ||||||
20 | The transaction reporting return, in the case of motor | ||||||
21 | vehicles
or trailers that are required to be registered with an | ||||||
22 | agency of this
State, shall
be the same document as the Uniform | ||||||
23 | Invoice referred to in Section 5-402
of The Illinois Vehicle | ||||||
24 | Code and must show the name and address of the
seller; the name | ||||||
25 | and address of the purchaser; the amount of the selling
price | ||||||
26 | including the amount allowed by the retailer for traded-in
| ||||||
27 | property, if any; the amount allowed by the retailer for the | ||||||
28 | traded-in
tangible personal property, if any, to the extent to | ||||||
29 | which Section 1 of
this Act allows an exemption for the value | ||||||
30 | of traded-in property; the
balance payable after deducting such | ||||||
31 | trade-in allowance from the total
selling price; the amount of | ||||||
32 | tax due from the retailer with respect to
such transaction; the | ||||||
33 | amount of tax collected from the purchaser by the
retailer on | ||||||
34 | such transaction (or satisfactory evidence that such tax is
not | ||||||
35 | due in that particular instance, if that is claimed to be the | ||||||
36 | fact);
the place and date of the sale; a sufficient |
| |||||||
| |||||||
1 | identification of the
property sold; such other information as | ||||||
2 | is required in Section 5-402 of
The Illinois Vehicle Code, and | ||||||
3 | such other information as the Department
may reasonably | ||||||
4 | require.
| ||||||
5 | The transaction reporting return in the case of watercraft
| ||||||
6 | or aircraft must show
the name and address of the seller; the | ||||||
7 | name and address of the
purchaser; the amount of the selling | ||||||
8 | price including the amount allowed
by the retailer for | ||||||
9 | traded-in property, if any; the amount allowed by
the retailer | ||||||
10 | for the traded-in tangible personal property, if any, to
the | ||||||
11 | extent to which Section 1 of this Act allows an exemption for | ||||||
12 | the
value of traded-in property; the balance payable after | ||||||
13 | deducting such
trade-in allowance from the total selling price; | ||||||
14 | the amount of tax due
from the retailer with respect to such | ||||||
15 | transaction; the amount of tax
collected from the purchaser by | ||||||
16 | the retailer on such transaction (or
satisfactory evidence that | ||||||
17 | such tax is not due in that particular
instance, if that is | ||||||
18 | claimed to be the fact); the place and date of the
sale, a | ||||||
19 | sufficient identification of the property sold, and such other
| ||||||
20 | information as the Department may reasonably require.
| ||||||
21 | Such transaction reporting return shall be filed not later | ||||||
22 | than 20
days after the day of delivery of the item that is | ||||||
23 | being sold, but may
be filed by the retailer at any time sooner | ||||||
24 | than that if he chooses to
do so. The transaction reporting | ||||||
25 | return and tax remittance or proof of
exemption from the | ||||||
26 | Illinois use tax may be transmitted to the Department
by way of | ||||||
27 | the State agency with which, or State officer with whom the
| ||||||
28 | tangible personal property must be titled or registered (if | ||||||
29 | titling or
registration is required) if the Department and such | ||||||
30 | agency or State
officer determine that this procedure will | ||||||
31 | expedite the processing of
applications for title or | ||||||
32 | registration. A transaction
reporting return that is | ||||||
33 | transmitted by mail by the retailer and postmarked not
later | ||||||
34 | than
20 days after the
date of delivery of the item that is | ||||||
35 | being sold
shall
be deemed to have been filed in accordance | ||||||
36 | with the 20-day deadline created in
this
paragraph.
|
| |||||||
| |||||||
1 | With each such transaction reporting return, the retailer | ||||||
2 | shall remit
the proper amount of tax due (or shall submit | ||||||
3 | satisfactory evidence that
the sale is not taxable if that is | ||||||
4 | the case), to the Department or its
agents, whereupon the | ||||||
5 | Department shall issue, in the purchaser's name, a
use tax | ||||||
6 | receipt (or a certificate of exemption if the Department is
| ||||||
7 | satisfied that the particular sale is tax exempt) which such | ||||||
8 | purchaser
may submit to the agency with which, or State officer | ||||||
9 | with whom, he must
title or register the tangible personal | ||||||
10 | property that is involved (if
titling or registration is | ||||||
11 | required) in support of such purchaser's
application for an | ||||||
12 | Illinois certificate or other evidence of title or
registration | ||||||
13 | to such tangible personal property.
| ||||||
14 | No retailer's failure or refusal to remit tax under this | ||||||
15 | Act
precludes a user, who has paid the proper tax to the | ||||||
16 | retailer, from
obtaining his certificate of title or other | ||||||
17 | evidence of title or
registration (if titling or registration | ||||||
18 | is required) upon satisfying
the Department that such user has | ||||||
19 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
20 | Department shall adopt appropriate rules to carry out
the | ||||||
21 | mandate of this paragraph.
| ||||||
22 | If the user who would otherwise pay tax to the retailer | ||||||
23 | wants the
transaction reporting return filed and the payment of | ||||||
24 | the tax or proof
of exemption made to the Department before the | ||||||
25 | retailer is willing to
take these actions and such user has not | ||||||
26 | paid the tax to the retailer,
such user may certify to the fact | ||||||
27 | of such delay by the retailer and may
(upon the Department | ||||||
28 | being satisfied of the truth of such certification)
transmit | ||||||
29 | the information required by the transaction reporting return
| ||||||
30 | and the remittance for tax or proof of exemption directly to | ||||||
31 | the
Department and obtain his tax receipt or exemption | ||||||
32 | determination, in
which event the transaction reporting return | ||||||
33 | and tax remittance (if a
tax payment was required) shall be | ||||||
34 | credited by the Department to the
proper retailer's account | ||||||
35 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
36 | provided for in this Section being allowed. When the user pays
|
| |||||||
| |||||||
1 | the tax directly to the Department, he shall pay the tax in the | ||||||
2 | same
amount and in the same form in which it would be remitted | ||||||
3 | if the tax had
been remitted to the Department by the retailer.
| ||||||
4 | Refunds made by the seller during the preceding return | ||||||
5 | period to
purchasers, on account of tangible personal property | ||||||
6 | returned to the
seller, shall be allowed as a deduction under | ||||||
7 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
8 | may be, in case the
seller had theretofore included the | ||||||
9 | receipts from the sale of such
tangible personal property in a | ||||||
10 | return filed by him and had paid the tax
imposed by this Act | ||||||
11 | with respect to such receipts.
| ||||||
12 | Where the seller is a corporation, the return filed on | ||||||
13 | behalf of such
corporation shall be signed by the president, | ||||||
14 | vice-president, secretary
or treasurer or by the properly | ||||||
15 | accredited agent of such corporation.
| ||||||
16 | Where the seller is a limited liability company, the return | ||||||
17 | filed on behalf
of the limited liability company shall be | ||||||
18 | signed by a manager, member, or
properly accredited agent of | ||||||
19 | the limited liability company.
| ||||||
20 | Except as provided in this Section, the retailer filing the | ||||||
21 | return
under this Section shall, at the time of filing such | ||||||
22 | return, pay to the
Department the amount of tax imposed by this | ||||||
23 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
24 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
25 | whichever is greater, which is allowed to
reimburse the | ||||||
26 | retailer for the expenses incurred in keeping records,
| ||||||
27 | preparing and filing returns, remitting the tax and supplying | ||||||
28 | data to
the Department on request. Any prepayment made pursuant | ||||||
29 | to Section 2d
of this Act shall be included in the amount on | ||||||
30 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
31 | retailers who report
and pay the tax on a transaction by | ||||||
32 | transaction basis, as provided in this
Section, such discount | ||||||
33 | shall be taken with each such tax remittance
instead of when | ||||||
34 | such retailer files his periodic return.
| ||||||
35 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
36 | tax liability
to the Department
under this Act, the Use Tax |
| |||||||
| |||||||
1 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
2 | Act, excluding any liability for prepaid sales
tax to be | ||||||
3 | remitted in accordance with Section 2d of this Act, was
$10,000
| ||||||
4 | or more during the preceding 4 complete calendar quarters, he | ||||||
5 | shall file a
return with the Department each month by the 20th | ||||||
6 | day of the month next
following the month during which such tax | ||||||
7 | liability is incurred and shall
make payments to the Department | ||||||
8 | on or before the 7th, 15th, 22nd and last
day of the month | ||||||
9 | during which such liability is incurred.
On and after October | ||||||
10 | 1, 2000, if the taxpayer's average monthly tax liability
to the | ||||||
11 | Department under this Act, the Use Tax Act, the Service | ||||||
12 | Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||||||
13 | liability for prepaid sales tax
to be remitted in accordance | ||||||
14 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
15 | preceding 4 complete calendar quarters, he shall file a return | ||||||
16 | with
the Department each month by the 20th day of the month | ||||||
17 | next following the month
during which such tax liability is | ||||||
18 | incurred and shall make payment to the
Department on or before | ||||||
19 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
20 | liability is incurred.
If the month
during which such tax | ||||||
21 | liability is incurred began prior to January 1, 1985,
each | ||||||
22 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
23 | actual
liability for the month or an amount set by the | ||||||
24 | Department not to exceed
1/4 of the average monthly liability | ||||||
25 | of the taxpayer to the Department for
the preceding 4 complete | ||||||
26 | calendar quarters (excluding the month of highest
liability and | ||||||
27 | the month of lowest liability in such 4 quarter period). If
the | ||||||
28 | month during which such tax liability is incurred begins on or | ||||||
29 | after
January 1, 1985 and prior to January 1, 1987, each | ||||||
30 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
31 | actual liability for the month or
27.5% of the taxpayer's | ||||||
32 | liability for the same calendar
month of the preceding year. If | ||||||
33 | the month during which such tax
liability is incurred begins on | ||||||
34 | or after January 1, 1987 and prior to
January 1, 1988, each | ||||||
35 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
36 | actual liability for the month or 26.25% of the taxpayer's
|
| |||||||
| |||||||
1 | liability for the same calendar month of the preceding year. If | ||||||
2 | the month
during which such tax liability is incurred begins on | ||||||
3 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
4 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
5 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
6 | the month or 25% of
the taxpayer's liability for the same | ||||||
7 | calendar month of the preceding year. If
the month during which | ||||||
8 | such tax liability is incurred begins on or after
January 1, | ||||||
9 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
10 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
11 | the month or 25% of the taxpayer's
liability for the same | ||||||
12 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
13 | actual liability for the quarter monthly reporting period. The
| ||||||
14 | amount of such quarter monthly payments shall be credited | ||||||
15 | against
the final tax liability of the taxpayer's return for | ||||||
16 | that month. Before
October 1, 2000, once
applicable, the | ||||||
17 | requirement of the making of quarter monthly payments to
the | ||||||
18 | Department by taxpayers having an average monthly tax liability | ||||||
19 | of
$10,000 or more as determined in the manner provided above
| ||||||
20 | shall continue
until such taxpayer's average monthly liability | ||||||
21 | to the Department during
the preceding 4 complete calendar | ||||||
22 | quarters (excluding the month of highest
liability and the | ||||||
23 | month of lowest liability) is less than
$9,000, or until
such | ||||||
24 | taxpayer's average monthly liability to the Department as | ||||||
25 | computed for
each calendar quarter of the 4 preceding complete | ||||||
26 | calendar quarter period
is less than $10,000. However, if a | ||||||
27 | taxpayer can show the
Department that
a substantial change in | ||||||
28 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
29 | to anticipate that his average monthly tax liability for the
| ||||||
30 | reasonably foreseeable future will fall below the $10,000 | ||||||
31 | threshold
stated above, then
such taxpayer
may petition the | ||||||
32 | Department for a change in such taxpayer's reporting
status. On | ||||||
33 | and after October 1, 2000, once applicable, the requirement of
| ||||||
34 | the making of quarter monthly payments to the Department by | ||||||
35 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
36 | more as determined in the manner
provided above shall continue |
| |||||||
| |||||||
1 | until such taxpayer's average monthly liability
to the | ||||||
2 | Department during the preceding 4 complete calendar quarters | ||||||
3 | (excluding
the month of highest liability and the month of | ||||||
4 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
5 | average monthly liability to the Department as
computed for | ||||||
6 | each calendar quarter of the 4 preceding complete calendar | ||||||
7 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
8 | show the Department
that a substantial change in the taxpayer's | ||||||
9 | business has occurred which causes
the taxpayer to anticipate | ||||||
10 | that his average monthly tax liability for the
reasonably | ||||||
11 | foreseeable future will fall below the $20,000 threshold stated
| ||||||
12 | above, then such taxpayer may petition the Department for a | ||||||
13 | change in such
taxpayer's reporting status. The Department | ||||||
14 | shall change such taxpayer's
reporting status
unless it finds | ||||||
15 | that such change is seasonal in nature and not likely to be
| ||||||
16 | long term. If any such quarter monthly payment is not paid at | ||||||
17 | the time or
in the amount required by this Section, then the | ||||||
18 | taxpayer shall be liable for
penalties and interest on the | ||||||
19 | difference
between the minimum amount due as a payment and the | ||||||
20 | amount of such quarter
monthly payment actually and timely | ||||||
21 | paid, except insofar as the
taxpayer has previously made | ||||||
22 | payments for that month to the Department in
excess of the | ||||||
23 | minimum payments previously due as provided in this Section.
| ||||||
24 | The Department shall make reasonable rules and regulations to | ||||||
25 | govern the
quarter monthly payment amount and quarter monthly | ||||||
26 | payment dates for
taxpayers who file on other than a calendar | ||||||
27 | monthly basis.
| ||||||
28 | The provisions of this paragraph apply before October 1, | ||||||
29 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
30 | quarter monthly
payments as specified above, any taxpayer who | ||||||
31 | is required by Section 2d
of this Act to collect and remit | ||||||
32 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
33 | excess of $25,000 per month during the preceding
2 complete | ||||||
34 | calendar quarters, shall file a return with the Department as
| ||||||
35 | required by Section 2f and shall make payments to the | ||||||
36 | Department on or before
the 7th, 15th, 22nd and last day of the |
| |||||||
| |||||||
1 | month during which such liability
is incurred. If the month | ||||||
2 | during which such tax liability is incurred
began prior to the | ||||||
3 | effective date of this amendatory Act of 1985, each
payment | ||||||
4 | shall be in an amount not less than 22.5% of the taxpayer's | ||||||
5 | actual
liability under Section 2d. If the month during which | ||||||
6 | such tax liability
is incurred begins on or after January 1, | ||||||
7 | 1986, each payment shall be in an
amount equal to 22.5% of the | ||||||
8 | taxpayer's actual liability for the month or
27.5% of the | ||||||
9 | taxpayer's liability for the same calendar month of the
| ||||||
10 | preceding calendar year. If the month during which such tax | ||||||
11 | liability is
incurred begins on or after January 1, 1987, each | ||||||
12 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
13 | actual liability for the month or
26.25% of the taxpayer's | ||||||
14 | liability for the same calendar month of the
preceding year. | ||||||
15 | The amount of such quarter monthly payments shall be
credited | ||||||
16 | against the final tax liability of the taxpayer's return for | ||||||
17 | that
month filed under this Section or Section 2f, as the case | ||||||
18 | may be. Once
applicable, the requirement of the making of | ||||||
19 | quarter monthly payments to
the Department pursuant to this | ||||||
20 | paragraph shall continue until such
taxpayer's average monthly | ||||||
21 | prepaid tax collections during the preceding 2
complete | ||||||
22 | calendar quarters is $25,000 or less. If any such quarter | ||||||
23 | monthly
payment is not paid at the time or in the amount | ||||||
24 | required, the taxpayer
shall be liable for penalties and | ||||||
25 | interest on such difference, except
insofar as the taxpayer has | ||||||
26 | previously made payments for that month in
excess of the | ||||||
27 | minimum payments previously due.
| ||||||
28 | The provisions of this paragraph apply on and after October | ||||||
29 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
30 | make quarter monthly
payments as specified above, any taxpayer | ||||||
31 | who is required by Section 2d of this
Act to collect and remit | ||||||
32 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
33 | excess of $20,000 per month during the preceding 4 complete | ||||||
34 | calendar
quarters shall file a return with the Department as | ||||||
35 | required by Section 2f
and shall make payments to the | ||||||
36 | Department on or before the 7th, 15th, 22nd and
last day of the |
| |||||||
| |||||||
1 | month during which the liability is incurred. Each payment
| ||||||
2 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
3 | liability for the
month or 25% of the taxpayer's liability for | ||||||
4 | the same calendar month of the
preceding year. The amount of | ||||||
5 | the quarter monthly payments shall be credited
against the | ||||||
6 | final tax liability of the taxpayer's return for that month | ||||||
7 | filed
under this Section or Section 2f, as the case may be. | ||||||
8 | Once applicable, the
requirement of the making of quarter | ||||||
9 | monthly payments to the Department
pursuant to this paragraph | ||||||
10 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
11 | collections during the preceding 4 complete calendar quarters
| ||||||
12 | (excluding the month of highest liability and the month of | ||||||
13 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
14 | average monthly liability to the
Department as computed for | ||||||
15 | each calendar quarter of the 4 preceding complete
calendar | ||||||
16 | quarters is less than $20,000. If any such quarter monthly | ||||||
17 | payment is
not paid at the time or in the amount required, the | ||||||
18 | taxpayer shall be liable
for penalties and interest on such | ||||||
19 | difference, except insofar as the taxpayer
has previously made | ||||||
20 | payments for that month in excess of the minimum payments
| ||||||
21 | previously due.
| ||||||
22 | If any payment provided for in this Section exceeds
the | ||||||
23 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
24 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
25 | shown on an original
monthly return, the Department shall, if | ||||||
26 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
27 | memorandum no later than 30 days after the date of
payment. The | ||||||
28 | credit evidenced by such credit memorandum may
be assigned by | ||||||
29 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
30 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
31 | in
accordance with reasonable rules and regulations to be | ||||||
32 | prescribed by the
Department. If no such request is made, the | ||||||
33 | taxpayer may credit such excess
payment against tax liability | ||||||
34 | subsequently to be remitted to the Department
under this Act, | ||||||
35 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
36 | Use Tax Act, in accordance with reasonable rules and |
| |||||||
| |||||||
1 | regulations
prescribed by the Department. If the Department | ||||||
2 | subsequently determined
that all or any part of the credit | ||||||
3 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
4 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
5 | of the difference between the credit taken and that
actually | ||||||
6 | due, and that taxpayer shall be liable for penalties and | ||||||
7 | interest
on such difference.
| ||||||
8 | If a retailer of motor fuel is entitled to a credit under | ||||||
9 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
10 | to the Department under
this Act for the month which the | ||||||
11 | taxpayer is filing a return, the
Department shall issue the | ||||||
12 | taxpayer a credit memorandum for the excess.
| ||||||
13 | Beginning January 1, 1990, each month the Department shall | ||||||
14 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
15 | State treasury which
is hereby created, the net revenue | ||||||
16 | realized for the preceding month from
the 1% tax on sales of | ||||||
17 | food for human consumption which is to be consumed
off the | ||||||
18 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
19 | drinks and food which has been prepared for immediate | ||||||
20 | consumption) and
prescription and nonprescription medicines, | ||||||
21 | drugs, medical appliances and
insulin, urine testing | ||||||
22 | materials, syringes and needles used by diabetics.
| ||||||
23 | Beginning January 1, 1990, each month the Department shall | ||||||
24 | pay into
the County and Mass Transit District Fund, a special | ||||||
25 | fund in the State
treasury which is hereby created, 4% of the | ||||||
26 | net revenue realized
for the preceding month from the 6.25% | ||||||
27 | general rate.
| ||||||
28 | Beginning August 1, 2000, each
month the Department shall | ||||||
29 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
30 | net revenue realized for the
preceding month from the 1.25% | ||||||
31 | rate on the selling price of motor fuel and
gasohol.
| ||||||
32 | Beginning January 1, 1990, each month the Department shall | ||||||
33 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
34 | realized for the
preceding month from the 6.25% general rate on | ||||||
35 | the selling price of
tangible personal property.
| ||||||
36 | Beginning August 1, 2000, each
month the Department shall |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | pay into the
Local Government Tax Fund 80% of the net revenue | |||||||||||||||||||||||||||||||||||||
2 | realized for the preceding
month from the 1.25% rate on the | |||||||||||||||||||||||||||||||||||||
3 | selling price of motor fuel and gasohol.
| |||||||||||||||||||||||||||||||||||||
4 | Of the remainder of the moneys received by the Department | |||||||||||||||||||||||||||||||||||||
5 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | |||||||||||||||||||||||||||||||||||||
6 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | |||||||||||||||||||||||||||||||||||||
7 | and after July 1, 1989,
3.8% thereof shall be paid into the | |||||||||||||||||||||||||||||||||||||
8 | Build Illinois Fund; provided, however,
that if in any fiscal | |||||||||||||||||||||||||||||||||||||
9 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | |||||||||||||||||||||||||||||||||||||
10 | may be, of the moneys received by the Department and required | |||||||||||||||||||||||||||||||||||||
11 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||||||||||||||||||||||||||||||
12 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||||||||||||||||||||||||||||||
13 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||||||||||||||||||||||||||||||
14 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||||||||||||||||||||||||||||||
15 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||||||||||||||||||||||||||||||
16 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||||||||||||||||||||||||||
17 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||||||||||||||||||||||||||||||
18 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||||||||||||||||||||||||||||||
19 | hereinafter
defined), an amount equal to the difference shall | |||||||||||||||||||||||||||||||||||||
20 | be immediately paid into
the Build Illinois Fund from other | |||||||||||||||||||||||||||||||||||||
21 | moneys received by the Department
pursuant to the Tax Acts; the | |||||||||||||||||||||||||||||||||||||
22 | "Annual Specified Amount" means the amounts
specified below for | |||||||||||||||||||||||||||||||||||||
23 | fiscal years 1986 through 1993:
| |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
33 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||||||||||||||
34 | defined in
Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||||||||||||||
35 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | |||||||||||||||||||||||||||||||||||||
36 | each fiscal year thereafter; and
further provided, that if on |
| |||||||
| |||||||
1 | the last business day of any month the sum of
(1) the Tax Act | ||||||
2 | Amount required to be deposited into the Build Illinois
Bond | ||||||
3 | Account in the Build Illinois Fund during such month and (2) | ||||||
4 | the
amount transferred to the Build Illinois Fund from the | ||||||
5 | State and Local
Sales Tax Reform Fund shall have been less than | ||||||
6 | 1/12 of the Annual
Specified Amount, an amount equal to the | ||||||
7 | difference shall be immediately
paid into the Build Illinois | ||||||
8 | Fund from other moneys received by the
Department pursuant to | ||||||
9 | the Tax Acts; and, further provided, that in no
event shall the | ||||||
10 | payments required under the preceding proviso result in
| ||||||
11 | aggregate payments into the Build Illinois Fund pursuant to | ||||||
12 | this clause (b)
for any fiscal year in excess of the greater of | ||||||
13 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||||||
14 | such fiscal year. The amounts payable
into the Build Illinois | ||||||
15 | Fund under clause (b) of the first sentence in this
paragraph | ||||||
16 | shall be payable only until such time as the aggregate amount | ||||||
17 | on
deposit under each trust indenture securing Bonds issued and | ||||||
18 | outstanding
pursuant to the Build Illinois Bond Act is | ||||||
19 | sufficient, taking into account
any future investment income, | ||||||
20 | to fully provide, in accordance with such
indenture, for the | ||||||
21 | defeasance of or the payment of the principal of,
premium, if | ||||||
22 | any, and interest on the Bonds secured by such indenture and on
| ||||||
23 | any Bonds expected to be issued thereafter and all fees and | ||||||
24 | costs payable
with respect thereto, all as certified by the | ||||||
25 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
26 | Management and Budget) . If on the last
business day of any | ||||||
27 | month in which Bonds are
outstanding pursuant to the Build | ||||||
28 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
29 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
30 | month shall be less than the amount required to be transferred
| ||||||
31 | in such month from the Build Illinois Bond Account to the Build | ||||||
32 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
33 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
34 | deficiency shall be immediately
paid from other moneys received | ||||||
35 | by the Department pursuant to the Tax Acts
to the Build | ||||||
36 | Illinois Fund; provided, however, that any amounts paid to the
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Build Illinois Fund in any fiscal year pursuant to this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | sentence shall be
deemed to constitute payments pursuant to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | clause (b) of the first sentence
of this paragraph and shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | reduce the amount otherwise payable for such
fiscal year | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | pursuant to that clause (b). The moneys received by the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Department pursuant to this Act and required to be deposited | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | into the Build
Illinois Fund are subject to the pledge, claim | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | and charge set forth in
Section 12 of the Build Illinois Bond | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | 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 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 pursuant to the | ||||||
5 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||
6 | enacted, beginning July 1, 1993, the Department shall each
| ||||||
7 | month pay into the Illinois Tax Increment Fund 0.27% of 80% of | ||||||
8 | the net revenue
realized for the preceding month from the 6.25% | ||||||
9 | general rate on the selling
price of tangible personal | ||||||
10 | property.
| ||||||
11 | Subject to payment of amounts into the Build Illinois Fund | ||||||
12 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
13 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
14 | enacted, beginning with the receipt of the first
report of | ||||||
15 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
16 | period, the Department shall each month pay into the Energy | ||||||
17 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
18 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
19 | that was sold to an eligible business.
For purposes of this | ||||||
20 | paragraph, the term "eligible business" means a new
electric | ||||||
21 | generating facility certified pursuant to Section 605-332 of | ||||||
22 | the
Department of Commerce and Economic Opportunity
Community | ||||||
23 | Affairs
Law of the Civil Administrative Code of Illinois.
| ||||||
24 | Of the remainder of the moneys received by the Department | ||||||
25 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
26 | Treasury and 25% shall
be reserved in a special account and | ||||||
27 | used only for the transfer to the
Common School Fund as part of | ||||||
28 | the monthly transfer from the General Revenue
Fund in | ||||||
29 | accordance with Section 8a of the State Finance Act.
| ||||||
30 | The Department may, upon separate written notice to a | ||||||
31 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
32 | Department on a form
prescribed by the Department within not | ||||||
33 | less than 60 days after receipt
of the notice an annual | ||||||
34 | information return for the tax year specified in
the notice. | ||||||
35 | Such annual return to the Department shall include a
statement | ||||||
36 | of gross receipts as shown by the retailer's last Federal |
| |||||||
| |||||||
1 | income
tax return. If the total receipts of the business as | ||||||
2 | reported in the
Federal income tax return do not agree with the | ||||||
3 | gross receipts reported to
the Department of Revenue for the | ||||||
4 | same period, the retailer shall attach
to his annual return a | ||||||
5 | schedule showing a reconciliation of the 2
amounts and the | ||||||
6 | reasons for the difference. The retailer's annual
return to the | ||||||
7 | Department shall also disclose the cost of goods sold by
the | ||||||
8 | retailer during the year covered by such return, opening and | ||||||
9 | closing
inventories of such goods for such year, costs of goods | ||||||
10 | used from stock
or taken from stock and given away by the | ||||||
11 | retailer during such year,
payroll information of the | ||||||
12 | retailer's business during such year and any
additional | ||||||
13 | reasonable information which the Department deems would be
| ||||||
14 | helpful in determining the accuracy of the monthly, quarterly | ||||||
15 | or annual
returns filed by such retailer as provided for in | ||||||
16 | this Section.
| ||||||
17 | If the annual information return required by this Section | ||||||
18 | is not
filed when and as required, the taxpayer shall be liable | ||||||
19 | as follows:
| ||||||
20 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
21 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
22 | taxpayer under
this Act during the period to be covered by | ||||||
23 | the annual return for each
month or fraction of a month | ||||||
24 | until such return is filed as required, the
penalty to be | ||||||
25 | assessed and collected in the same manner as any other
| ||||||
26 | penalty provided for in this Act.
| ||||||
27 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
28 | be
liable for a penalty as described in Section 3-4 of the | ||||||
29 | Uniform Penalty and
Interest Act.
| ||||||
30 | The chief executive officer, proprietor, owner or highest | ||||||
31 | ranking
manager shall sign the annual return to certify the | ||||||
32 | accuracy of the
information contained therein. Any person who | ||||||
33 | willfully signs the
annual return containing false or | ||||||
34 | inaccurate information shall be guilty
of perjury and punished | ||||||
35 | accordingly. The annual return form prescribed
by the | ||||||
36 | Department shall include a warning that the person signing the
|
| |||||||
| |||||||
1 | return may be liable for perjury.
| ||||||
2 | The provisions of this Section concerning the filing of an | ||||||
3 | annual
information return do not apply to a retailer who is not | ||||||
4 | required to
file an income tax return with the United States | ||||||
5 | Government.
| ||||||
6 | As soon as possible after the first day of each month, upon | ||||||
7 | certification
of the Department of Revenue, the Comptroller | ||||||
8 | shall order transferred and
the Treasurer shall transfer from | ||||||
9 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
10 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
11 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
12 | transfer is no longer required
and shall not be made.
| ||||||
13 | Net revenue realized for a month shall be the revenue | ||||||
14 | collected by the
State pursuant to this Act, less the amount | ||||||
15 | paid out during that month as
refunds to taxpayers for | ||||||
16 | overpayment of liability.
| ||||||
17 | For greater simplicity of administration, manufacturers, | ||||||
18 | importers
and wholesalers whose products are sold at retail in | ||||||
19 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
20 | assume the responsibility
for accounting and paying to the | ||||||
21 | Department all tax accruing under this
Act with respect to such | ||||||
22 | sales, if the retailers who are affected do not
make written | ||||||
23 | objection to the Department to this arrangement.
| ||||||
24 | Any person who promotes, organizes, provides retail | ||||||
25 | selling space for
concessionaires or other types of sellers at | ||||||
26 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
27 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
28 | events, including any transient merchant as defined by Section | ||||||
29 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
30 | report with the
Department providing the name of the merchant's | ||||||
31 | business, the name of the
person or persons engaged in | ||||||
32 | merchant's business, the permanent address and
Illinois | ||||||
33 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
34 | the
dates and location of the event and other reasonable | ||||||
35 | information that the
Department may require. The report must be | ||||||
36 | filed not later than the 20th day
of the month next following |
| |||||||
| |||||||
1 | the month during which the event with retail sales
was held. | ||||||
2 | Any person who fails to file a report required by this Section
| ||||||
3 | commits a business offense and is subject to a fine not to | ||||||
4 | exceed $250.
| ||||||
5 | Any person engaged in the business of selling tangible | ||||||
6 | personal
property at retail as a concessionaire or other type | ||||||
7 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
8 | flea markets and similar
exhibitions or events, or any | ||||||
9 | transient merchants, as defined by Section 2
of the Transient | ||||||
10 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
11 | the amount of such sales to the Department and to make a daily | ||||||
12 | payment of
the full amount of tax due. The Department shall | ||||||
13 | impose this
requirement when it finds that there is a | ||||||
14 | significant risk of loss of
revenue to the State at such an | ||||||
15 | exhibition or event. Such a finding
shall be based on evidence | ||||||
16 | that a substantial number of concessionaires
or other sellers | ||||||
17 | who are not residents of Illinois will be engaging in
the | ||||||
18 | business of selling tangible personal property at retail at the
| ||||||
19 | exhibition or event, or other evidence of a significant risk of | ||||||
20 | loss of revenue
to the State. The Department shall notify | ||||||
21 | concessionaires and other sellers
affected by the imposition of | ||||||
22 | this requirement. In the absence of
notification by the | ||||||
23 | Department, the concessionaires and other sellers
shall file | ||||||
24 | their returns as otherwise required in this Section.
| ||||||
25 | (Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-208, | ||||||
26 | eff. 8-2-01;
92-484, eff. 8-23-01; 92-492, eff. 1-1-02; 92-600, | ||||||
27 | eff. 6-28-02; 92-651, eff.
7-11-02; 93-22, eff. 6-20-03; 93-24, | ||||||
28 | eff. 6-20-03; revised 10-15-03 .)
| ||||||
29 | Section 99. Effective date. This Act takes effect upon | ||||||
30 | becoming law. |