093_SB0607

 
                                     LRB093 08429 SJM 08651 b

 1        AN ACT in relation to taxes.

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

 4        Section 5.  The  Use  Tax  Act  is  amended  by  changing
 5    Section 9 as follows:

 6        (35 ILCS 105/9) (from Ch. 120, par. 439.9)
 7        Sec.   9.  Except   as  to  motor  vehicles,  watercraft,
 8    aircraft, and trailers that are  required  to  be  registered
 9    with  an  agency  of  this  State,  each retailer required or
10    authorized to collect the tax imposed by this Act  shall  pay
11    to the Department the amount of such tax (except as otherwise
12    provided)  at the time when he is required to file his return
13    for the period during which such tax was  collected,  less  a
14    discount  of  2.1% prior to January 1, 1990, and 1.75% on and
15    after January 1, 1990, or $5 per calendar year, whichever  is
16    greater,  which  is  allowed  to  reimburse  the retailer for
17    expenses incurred in collecting  the  tax,  keeping  records,
18    preparing and filing returns, remitting the tax and supplying
19    data  to the Department on request.  In the case of retailers
20    who report and pay the tax on a  transaction  by  transaction
21    basis,  as  provided  in this Section, such discount shall be
22    taken with each such tax  remittance  instead  of  when  such
23    retailer  files  his  periodic  return.   A retailer need not
24    remit that part of any tax collected by  him  to  the  extent
25    that  he  is required to remit and does remit the tax imposed
26    by the Retailers' Occupation Tax Act,  with  respect  to  the
27    sale of the same property.
28        Where  such  tangible  personal  property is sold under a
29    conditional sales contract, or under any other form  of  sale
30    wherein  the payment of the principal sum, or a part thereof,
31    is extended beyond the close of  the  period  for  which  the
 
                            -2-      LRB093 08429 SJM 08651 b
 1    return  is filed, the retailer, in collecting the tax (except
 2    as to motor vehicles, watercraft, aircraft, and trailers that
 3    are required to be registered with an agency of this  State),
 4    may  collect  for  each  tax  return  period,  only  the  tax
 5    applicable  to  that  part  of  the  selling  price  actually
 6    received during such tax return period.
 7        Except  as  provided  in  this  Section, on or before the
 8    twentieth day of each calendar  month,  such  retailer  shall
 9    file  a return for the preceding calendar month.  Such return
10    shall be filed on forms  prescribed  by  the  Department  and
11    shall   furnish   such  information  as  the  Department  may
12    reasonably require.
13        The Department may require  returns  to  be  filed  on  a
14    quarterly  basis.  If so required, a return for each calendar
15    quarter shall be filed on or before the twentieth day of  the
16    calendar  month  following  the end of such calendar quarter.
17    The taxpayer shall also file a return with the Department for
18    each of the first two months of each calendar quarter, on  or
19    before  the  twentieth  day  of the following calendar month,
20    stating:
21             1.  The name of the seller;
22             2.  The address of the principal place  of  business
23        from which he engages in the business of selling tangible
24        personal property at retail in this State;
25             3.  The total amount of taxable receipts received by
26        him  during  the  preceding  calendar month from sales of
27        tangible personal property by him during  such  preceding
28        calendar  month,  including receipts from charge and time
29        sales, but less all deductions allowed by law;
30             4.  The amount of credit provided in Section  2d  of
31        this Act;
32             5.  The amount of tax due;
33             5-5.  The signature of the taxpayer; and
34             6.  Such   other   reasonable   information  as  the
 
                            -3-      LRB093 08429 SJM 08651 b
 1        Department may require.
 2        If a taxpayer fails to sign a return within 30 days after
 3    the proper notice and demand for signature by the Department,
 4    the return shall be considered valid and any amount shown  to
 5    be due on the return shall be deemed assessed.
 6        Beginning  October 1, 1993, a taxpayer who has an average
 7    monthly tax liability of $150,000  or  more  shall  make  all
 8    payments  required  by  rules of the Department by electronic
 9    funds transfer. Beginning October 1, 1994, a taxpayer who has
10    an average monthly tax liability of $100,000  or  more  shall
11    make  all  payments  required  by  rules of the Department by
12    electronic funds  transfer.  Beginning  October  1,  1995,  a
13    taxpayer  who has an average monthly tax liability of $50,000
14    or more shall make all payments  required  by  rules  of  the
15    Department by electronic funds transfer. Beginning October 1,
16    2000,  a taxpayer who has an annual tax liability of $200,000
17    or more shall make all payments  required  by  rules  of  the
18    Department  by  electronic  funds transfer.  The term "annual
19    tax liability" shall be the sum of the taxpayer's liabilities
20    under  this  Act,  and  under  all  other  State  and   local
21    occupation  and  use tax laws administered by the Department,
22    for  the  immediately  preceding  calendar  year.  The   term
23    "average   monthly  tax  liability"  means  the  sum  of  the
24    taxpayer's liabilities under this Act, and  under  all  other
25    State  and  local occupation and use tax laws administered by
26    the Department, for the immediately preceding  calendar  year
27    divided  by  12. Beginning on October 1, 2002, a taxpayer who
28    has a tax liability in the amount set forth in subsection (b)
29    of Section 2505-210 of the Department of  Revenue  Law  shall
30    make  all  payments  required  by  rules of the Department by
31    electronic funds transfer.
32        Before August 1 of  each  year  beginning  in  1993,  the
33    Department  shall  notify  all  taxpayers  required  to  make
34    payments by electronic funds transfer. All taxpayers required
 
                            -4-      LRB093 08429 SJM 08651 b
 1    to  make  payments  by  electronic  funds transfer shall make
 2    those payments for a minimum of one year beginning on October
 3    1.
 4        Any taxpayer not required to make payments by  electronic
 5    funds transfer may make payments by electronic funds transfer
 6    with the permission of the Department.
 7        All  taxpayers  required  to  make  payment by electronic
 8    funds transfer and any taxpayers  authorized  to  voluntarily
 9    make  payments  by electronic funds transfer shall make those
10    payments in the manner authorized by the Department.
11        The Department shall adopt such rules as are necessary to
12    effectuate a program of electronic  funds  transfer  and  the
13    requirements of this Section.
14        Before October 1, 2000, if the taxpayer's average monthly
15    tax   liability   to  the  Department  under  this  Act,  the
16    Retailers' Occupation Tax Act,  the  Service  Occupation  Tax
17    Act,  the  Service Use Tax Act was $10,000 or more during the
18    preceding 4 complete  calendar  quarters,  he  shall  file  a
19    return  with the Department each month by the 20th day of the
20    month  next  following  the  month  during  which  such   tax
21    liability   is  incurred  and  shall  make  payments  to  the
22    Department on or before the 7th, 15th, 22nd and last  day  of
23    the  month  during  which  such liability is incurred. On and
24    after October 1, 2000, if the taxpayer's average monthly  tax
25    liability  to  the  Department under this Act, the Retailers'
26    Occupation Tax Act, the Service Occupation Tax Act,  and  the
27    Service  Use Tax Act was $20,000 or more during the preceding
28    4 complete calendar quarters, he shall file a return with the
29    Department each month by the  20th  day  of  the  month  next
30    following  the  month  during  which  such  tax  liability is
31    incurred and shall make  payment  to  the  Department  on  or
32    before  the  7th, 15th, 22nd and last day of the month during
33    which such liability is incurred. If the month  during  which
34    such  tax  liability  is  incurred  began prior to January 1,
 
                            -5-      LRB093 08429 SJM 08651 b
 1    1985, each payment shall be in an amount equal to 1/4 of  the
 2    taxpayer's actual liability for the month or an amount set by
 3    the  Department  not  to  exceed  1/4  of the average monthly
 4    liability of the taxpayer to the Department for the preceding
 5    4 complete calendar quarters (excluding the month of  highest
 6    liability and the month of lowest liability in such 4 quarter
 7    period).   If  the  month  during which such tax liability is
 8    incurred begins on or after January 1,  1985,  and  prior  to
 9    January  1, 1987, each payment shall be in an amount equal to
10    22.5% of the taxpayer's actual liability  for  the  month  or
11    27.5% of the taxpayer's liability for the same calendar month
12    of  the  preceding  year.  If the month during which such tax
13    liability is incurred begins on or after January 1, 1987, and
14    prior to January 1, 1988, each payment shall be in an  amount
15    equal  to  22.5%  of  the taxpayer's actual liability for the
16    month or 26.25% of the  taxpayer's  liability  for  the  same
17    calendar  month  of  the preceding year.  If the month during
18    which such tax liability  is  incurred  begins  on  or  after
19    January  1,  1988, and prior to January 1, 1989, or begins on
20    or after January 1, 1996, each payment shall be in an  amount
21    equal  to  22.5%  of  the taxpayer's actual liability for the
22    month or  25%  of  the  taxpayer's  liability  for  the  same
23    calendar  month  of  the preceding year.  If the month during
24    which such tax liability  is  incurred  begins  on  or  after
25    January  1,  1989, and prior to January 1, 1996, each payment
26    shall be in an amount equal to 22.5% of the taxpayer's actual
27    liability for the month or 25% of  the  taxpayer's  liability
28    for  the same calendar month of the preceding year or 100% of
29    the taxpayer's  actual  liability  for  the  quarter  monthly
30    reporting   period.   The  amount  of  such  quarter  monthly
31    payments shall be credited against the final tax liability of
32    the taxpayer's return for  that  month.   Before  October  1,
33    2000,  once  applicable,  the  requirement  of  the making of
34    quarter monthly payments to  the  Department  shall  continue
 
                            -6-      LRB093 08429 SJM 08651 b
 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  $9,000,  or  until  such
 5    taxpayer's average monthly liability  to  the  Department  as
 6    computed  for  each  calendar  quarter  of  the  4  preceding
 7    complete  calendar  quarter  period  is  less  than  $10,000.
 8    However,  if  a  taxpayer  can  show  the  Department  that a
 9    substantial change in the taxpayer's  business  has  occurred
10    which  causes  the  taxpayer  to  anticipate that his average
11    monthly tax liability for the reasonably  foreseeable  future
12    will fall below the $10,000 threshold stated above, then such
13    taxpayer  may  petition  the  Department  for  change in such
14    taxpayer's reporting status. On and after  October  1,  2000,
15    once  applicable,  the  requirement  of the making of quarter
16    monthly payments to the Department shall continue until  such
17    taxpayer's average monthly liability to the Department during
18    the  preceding  4  complete  calendar quarters (excluding the
19    month of highest liability and the month of lowest liability)
20    is less than $19,000 or until such taxpayer's average monthly
21    liability to the Department as  computed  for  each  calendar
22    quarter  of  the 4 preceding complete calendar quarter period
23    is less than $20,000.  However, if a taxpayer  can  show  the
24    Department  that  a  substantial  change  in  the  taxpayer's
25    business has occurred which causes the taxpayer to anticipate
26    that  his  average  monthly  tax liability for the reasonably
27    foreseeable future will  fall  below  the  $20,000  threshold
28    stated  above, then such taxpayer may petition the Department
29    for a change  in  such  taxpayer's  reporting  status.    The
30    Department  shall  change  such  taxpayer's  reporting status
31    unless it finds that such change is seasonal  in  nature  and
32    not  likely  to  be  long  term.  If any such quarter monthly
33    payment is not paid at the time or in the amount required  by
34    this Section, then the taxpayer shall be liable for penalties
 
                            -7-      LRB093 08429 SJM 08651 b
 1    and interest on the difference between the minimum amount due
 2    and  the  amount of such quarter monthly payment actually and
 3    timely paid, except insofar as the  taxpayer  has  previously
 4    made  payments  for that month to the Department in excess of
 5    the minimum payments  previously  due  as  provided  in  this
 6    Section.    The  Department  shall  make reasonable rules and
 7    regulations to govern the quarter monthly payment amount  and
 8    quarter monthly payment dates for taxpayers who file on other
 9    than a calendar monthly basis.
10        If  any such payment provided for in this Section exceeds
11    the taxpayer's liabilities under  this  Act,  the  Retailers'
12    Occupation  Tax  Act,  the Service Occupation Tax Act and the
13    Service Use Tax Act, as shown by an original monthly  return,
14    the   Department   shall  issue  to  the  taxpayer  a  credit
15    memorandum no later than 30 days after the date  of  payment,
16    which  memorandum  may  be  submitted  by the taxpayer to the
17    Department in payment of tax  liability  subsequently  to  be
18    remitted  by the taxpayer to the Department or be assigned by
19    the taxpayer to  a  similar  taxpayer  under  this  Act,  the
20    Retailers' Occupation Tax Act, the Service Occupation Tax Act
21    or  the  Service  Use  Tax Act, in accordance with reasonable
22    rules and regulations to be  prescribed  by  the  Department,
23    except  that  if  such excess payment is shown on an original
24    monthly return and is made after December 31, 1986, no credit
25    memorandum shall be issued, unless requested by the taxpayer.
26    If no such request is made,  the  taxpayer  may  credit  such
27    excess  payment  against  tax  liability  subsequently  to be
28    remitted by the taxpayer to the Department  under  this  Act,
29    the Retailers' Occupation Tax Act, the Service Occupation Tax
30    Act or the Service Use Tax Act, in accordance with reasonable
31    rules  and  regulations prescribed by the Department.  If the
32    Department subsequently determines that all or  any  part  of
33    the  credit  taken  was not actually due to the taxpayer, the
34    taxpayer's 2.1% or 1.75% vendor's discount shall  be  reduced
 
                            -8-      LRB093 08429 SJM 08651 b
 1    by  2.1%  or 1.75% of the difference between the credit taken
 2    and that actually due, and the taxpayer shall be  liable  for
 3    penalties and interest on such difference.
 4        If  the  retailer is otherwise required to file a monthly
 5    return and if the retailer's average monthly tax liability to
 6    the Department does  not  exceed  $200,  the  Department  may
 7    authorize  his returns to be filed on a quarter annual basis,
 8    with the return for January, February, and March of  a  given
 9    year  being due by April 20 of such year; with the return for
10    April, May and June of a given year being due by July  20  of
11    such  year; with the return for July, August and September of
12    a given year being due by October 20 of such year,  and  with
13    the return for October, November and December of a given year
14    being due by January 20 of the following year.
15        If  the  retailer is otherwise required to file a monthly
16    or quarterly return and if the retailer's average monthly tax
17    liability  to  the  Department  does  not  exceed  $50,   the
18    Department may authorize his returns to be filed on an annual
19    basis,  with the return for a given year being due by January
20    20 of the following year.
21        Such quarter annual and annual returns, as  to  form  and
22    substance,  shall  be  subject  to  the  same requirements as
23    monthly returns.
24        Notwithstanding  any  other   provision   in   this   Act
25    concerning  the  time  within  which  a retailer may file his
26    return, in the case of any retailer who ceases to engage in a
27    kind of business  which  makes  him  responsible  for  filing
28    returns  under  this  Act,  such  retailer shall file a final
29    return under this Act with the Department not more  than  one
30    month after discontinuing such business.
31        In  addition, with respect to motor vehicles, watercraft,
32    aircraft, and trailers that are  required  to  be  registered
33    with  an  agency  of  this State, every retailer selling this
34    kind of tangible  personal  property  shall  file,  with  the
 
                            -9-      LRB093 08429 SJM 08651 b
 1    Department,  upon a form to be prescribed and supplied by the
 2    Department, a separate return for each such item of  tangible
 3    personal  property  which the retailer sells, except that if,
 4    in  the  same  transaction,  (i)  a  retailer  of   aircraft,
 5    watercraft,  motor  vehicles  or trailers transfers more than
 6    one aircraft, watercraft, motor vehicle or trailer to another
 7    aircraft, watercraft, motor vehicle or trailer  retailer  for
 8    the  purpose  of  resale  or  (ii)  a  retailer  of aircraft,
 9    watercraft, motor vehicles, or trailers transfers  more  than
10    one  aircraft,  watercraft,  motor  vehicle,  or trailer to a
11    purchaser for use as a qualifying rolling stock  as  provided
12    in  Section 3-55 of this Act, then that seller may report the
13    transfer of all the aircraft, watercraft, motor  vehicles  or
14    trailers  involved  in  that transaction to the Department on
15    the same uniform invoice-transaction reporting  return  form.
16    For  purposes  of this Section, "watercraft" means a Class 2,
17    Class 3, or Class 4 watercraft as defined in Section  3-2  of
18    the  Boat Registration and Safety Act, a personal watercraft,
19    or any boat equipped with an inboard motor.
20        The transaction reporting return in  the  case  of  motor
21    vehicles  or trailers that are required to be registered with
22    an agency of this State, shall be the same  document  as  the
23    Uniform  Invoice referred to in Section 5-402 of the Illinois
24    Vehicle Code and must  show  the  name  and  address  of  the
25    seller;  the name and address of the purchaser; the amount of
26    the  selling  price  including  the  amount  allowed  by  the
27    retailer for traded-in property, if any; the  amount  allowed
28    by the retailer for the traded-in tangible personal property,
29    if  any,  to the extent to which Section 2 of this Act allows
30    an exemption for the value of traded-in property; the balance
31    payable after deducting  such  trade-in  allowance  from  the
32    total  selling price; the amount of tax due from the retailer
33    with respect to such transaction; the amount of tax collected
34    from the purchaser by the retailer on  such  transaction  (or
 
                            -10-     LRB093 08429 SJM 08651 b
 1    satisfactory  evidence  that  such  tax  is  not  due in that
 2    particular instance, if that is claimed to be the fact);  the
 3    place  and  date  of the sale; a sufficient identification of
 4    the property sold; such other information as is  required  in
 5    Section  5-402  of  the Illinois Vehicle Code, and such other
 6    information as the Department may reasonably require.
 7        The  transaction  reporting  return  in   the   case   of
 8    watercraft and aircraft must show the name and address of the
 9    seller;  the name and address of the purchaser; the amount of
10    the  selling  price  including  the  amount  allowed  by  the
11    retailer for traded-in property, if any; the  amount  allowed
12    by the retailer for the traded-in tangible personal property,
13    if  any,  to the extent to which Section 2 of this Act allows
14    an exemption for the value of traded-in property; the balance
15    payable after deducting  such  trade-in  allowance  from  the
16    total  selling price; the amount of tax due from the retailer
17    with respect to such transaction; the amount of tax collected
18    from the purchaser by the retailer on  such  transaction  (or
19    satisfactory  evidence  that  such  tax  is  not  due in that
20    particular instance, if that is claimed to be the fact);  the
21    place  and  date  of the sale, a sufficient identification of
22    the  property  sold,  and  such  other  information  as   the
23    Department may reasonably require.
24        Such  transaction  reporting  return  shall  be filed not
25    later than 20 days after the date of  delivery  of  the  item
26    that  is  being sold, but may be filed by the retailer at any
27    time  sooner  than  that  if  he  chooses  to  do  so.    The
28    transaction  reporting  return and tax remittance or proof of
29    exemption from the tax that is imposed by  this  Act  may  be
30    transmitted to the Department by way of the State agency with
31    which,  or  State  officer  with  whom, the tangible personal
32    property  must  be  titled  or  registered  (if  titling   or
33    registration  is  required) if the Department and such agency
34    or State officer determine that this procedure will  expedite
 
                            -11-     LRB093 08429 SJM 08651 b
 1    the processing of applications for title or registration.
 2        With each such transaction reporting return, the retailer
 3    shall  remit  the  proper  amount of tax due (or shall submit
 4    satisfactory evidence that the sale is not taxable if that is
 5    the case), to the Department or  its  agents,  whereupon  the
 6    Department  shall  issue,  in  the  purchaser's  name,  a tax
 7    receipt (or a certificate of exemption if the  Department  is
 8    satisfied  that the particular sale is tax exempt) which such
 9    purchaser may submit to  the  agency  with  which,  or  State
10    officer  with  whom,  he  must title or register the tangible
11    personal  property  that   is   involved   (if   titling   or
12    registration  is  required)  in  support  of such purchaser's
13    application for an Illinois certificate or other evidence  of
14    title or registration to such tangible personal property.
15        No  retailer's failure or refusal to remit tax under this
16    Act precludes a user, who has paid  the  proper  tax  to  the
17    retailer,  from  obtaining  his certificate of title or other
18    evidence of title or registration (if titling or registration
19    is required) upon satisfying the Department  that  such  user
20    has paid the proper tax (if tax is due) to the retailer.  The
21    Department  shall  adopt  appropriate  rules to carry out the
22    mandate of this paragraph.
23        If the user who would otherwise pay tax to  the  retailer
24    wants  the transaction reporting return filed and the payment
25    of tax or proof of exemption made to  the  Department  before
26    the  retailer  is willing to take these actions and such user
27    has not paid the tax to the retailer, such user  may  certify
28    to  the fact of such delay by the retailer, and may (upon the
29    Department   being   satisfied   of   the   truth   of   such
30    certification)  transmit  the  information  required  by  the
31    transaction reporting return and the remittance  for  tax  or
32    proof  of exemption directly to the Department and obtain his
33    tax receipt or exemption determination, in  which  event  the
34    transaction  reporting  return  and  tax remittance (if a tax
 
                            -12-     LRB093 08429 SJM 08651 b
 1    payment was required) shall be credited by the Department  to
 2    the  proper  retailer's  account  with  the  Department,  but
 3    without  the  2.1%  or  1.75%  discount  provided for in this
 4    Section being allowed.  When the user pays the  tax  directly
 5    to  the  Department,  he shall pay the tax in the same amount
 6    and in the same form in which it would be remitted if the tax
 7    had been remitted to the Department by the retailer.
 8        Where a retailer collects the tax  with  respect  to  the
 9    selling  price  of  tangible personal property which he sells
10    and the purchaser thereafter returns such  tangible  personal
11    property  and  the retailer refunds the selling price thereof
12    to the purchaser, such retailer shall  also  refund,  to  the
13    purchaser,  the  tax  so  collected  from the purchaser. When
14    filing his return for the period in which he refunds such tax
15    to the purchaser, the retailer may deduct the amount  of  the
16    tax  so  refunded  by him to the purchaser from any other use
17    tax which such retailer may be required to pay  or  remit  to
18    the Department, as shown by such return, if the amount of the
19    tax  to be deducted was previously remitted to the Department
20    by  such  retailer.   If  the  retailer  has  not  previously
21    remitted the amount of such tax  to  the  Department,  he  is
22    entitled  to  no deduction under this Act upon refunding such
23    tax to the purchaser.
24        Any retailer filing a return  under  this  Section  shall
25    also  include  (for  the  purpose  of paying tax thereon) the
26    total tax covered by such return upon the  selling  price  of
27    tangible  personal property purchased by him at retail from a
28    retailer, but as to which the tax imposed by this Act was not
29    collected from the retailer  filing  such  return,  and  such
30    retailer shall remit the amount of such tax to the Department
31    when filing such return.
32        If  experience  indicates  such action to be practicable,
33    the Department may prescribe and  furnish  a  combination  or
34    joint return which will enable retailers, who are required to
 
                            -13-     LRB093 08429 SJM 08651 b
 1    file   returns   hereunder  and  also  under  the  Retailers'
 2    Occupation Tax Act, to furnish  all  the  return  information
 3    required by both Acts on the one form.
 4        Where  the retailer has more than one business registered
 5    with the Department under separate  registration  under  this
 6    Act,  such retailer may not file each return that is due as a
 7    single return covering all such  registered  businesses,  but
 8    shall   file   separate  returns  for  each  such  registered
 9    business.
10        Beginning January 1,  1990,  each  month  the  Department
11    shall  pay  into the State and Local Sales Tax Reform Fund, a
12    special fund in the State Treasury which is  hereby  created,
13    the  net revenue realized for the preceding month from the 1%
14    tax on sales of food for human consumption  which  is  to  be
15    consumed  off  the  premises  where  it  is  sold (other than
16    alcoholic beverages, soft drinks  and  food  which  has  been
17    prepared  for  immediate  consumption)  and  prescription and
18    nonprescription  medicines,  drugs,  medical  appliances  and
19    insulin, urine testing materials, syringes and  needles  used
20    by diabetics.
21        Beginning  January  1,  1990,  each  month the Department
22    shall pay into the County and Mass Transit District  Fund  4%
23    of  the net revenue realized for the preceding month from the
24    6.25% general rate on the selling price of tangible  personal
25    property which is purchased outside Illinois at retail from a
26    retailer  and  which  is titled or registered by an agency of
27    this State's government.
28        Beginning January 1,  1990,  each  month  the  Department
29    shall  pay  into the State and Local Sales Tax Reform Fund, a
30    special fund in the State Treasury, 20% of  the  net  revenue
31    realized  for the preceding month from the 6.25% general rate
32    on the selling price of  tangible  personal  property,  other
33    than  tangible  personal  property which is purchased outside
34    Illinois at retail from a retailer and  which  is  titled  or
 
                            -14-     LRB093 08429 SJM 08651 b
 1    registered by an agency of this State's government.
 2        Beginning August 1, 2000, each month the Department shall
 3    pay  into  the  State and Local Sales Tax Reform Fund 100% of
 4    the net revenue realized for the  preceding  month  from  the
 5    1.25% rate on the selling price of motor fuel and gasohol.
 6        Beginning  January  1,  1990,  each  month the Department
 7    shall pay into the Local Government Tax Fund 16% of  the  net
 8    revenue  realized  for  the  preceding  month  from the 6.25%
 9    general rate  on  the  selling  price  of  tangible  personal
10    property which is purchased outside Illinois at retail from a
11    retailer  and  which  is titled or registered by an agency of
12    this State's government.
13        Of the remainder of the moneys received by the Department
14    pursuant to this Act, (a) 1.75% thereof shall  be  paid  into
15    the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
16    and on and after July 1, 1989, 3.8%  thereof  shall  be  paid
17    into  the  Build Illinois Fund; provided, however, that if in
18    any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
19    as the case may be, of the moneys received by the  Department
20    and required to be paid into the Build Illinois Fund pursuant
21    to  Section 3 of the Retailers' Occupation Tax Act, Section 9
22    of the Use Tax Act, Section 9 of the Service Use Tax Act, and
23    Section 9 of the Service Occupation Tax Act, such Acts  being
24    hereinafter  called the "Tax Acts" and such aggregate of 2.2%
25    or 3.8%, as the case may  be,  of  moneys  being  hereinafter
26    called  the  "Tax Act Amount", and (2) the amount transferred
27    to the Build Illinois Fund from the State and Local Sales Tax
28    Reform Fund shall be less than the  Annual  Specified  Amount
29    (as  defined  in  Section  3 of the Retailers' Occupation Tax
30    Act), an amount equal to the difference shall be  immediately
31    paid  into the Build Illinois Fund from other moneys received
32    by the Department pursuant  to  the  Tax  Acts;  and  further
33    provided,  that  if on the last business day of any month the
34    sum of (1) the Tax Act Amount required to be  deposited  into
 
                            -15-     LRB093 08429 SJM 08651 b
 1    the  Build  Illinois  Bond Account in the Build Illinois Fund
 2    during such month and (2) the amount transferred during  such
 3    month  to  the  Build  Illinois Fund from the State and Local
 4    Sales Tax Reform Fund shall have been less than 1/12  of  the
 5    Annual  Specified  Amount,  an amount equal to the difference
 6    shall be immediately paid into the Build Illinois  Fund  from
 7    other  moneys  received by the Department pursuant to the Tax
 8    Acts; and, further provided,  that  in  no  event  shall  the
 9    payments  required  under  the  preceding  proviso  result in
10    aggregate payments into the Build Illinois Fund  pursuant  to
11    this  clause (b) for any fiscal year in excess of the greater
12    of (i) the Tax Act Amount or (ii) the Annual Specified Amount
13    for such fiscal year; and, further provided, that the amounts
14    payable into the Build Illinois Fund under  this  clause  (b)
15    shall be payable only until such time as the aggregate amount
16    on  deposit  under each trust indenture securing Bonds issued
17    and outstanding pursuant to the Build Illinois  Bond  Act  is
18    sufficient, taking into account any future investment income,
19    to  fully provide, in accordance with such indenture, for the
20    defeasance of or the payment of the principal of, premium, if
21    any, and interest on the Bonds secured by such indenture  and
22    on  any  Bonds  expected to be issued thereafter and all fees
23    and costs payable with respect thereto, all as  certified  by
24    the  Director  of  the  Bureau of the Budget.  If on the last
25    business day of any month  in  which  Bonds  are  outstanding
26    pursuant to the Build Illinois Bond Act, the aggregate of the
27    moneys  deposited  in  the Build Illinois Bond Account in the
28    Build Illinois Fund in such month  shall  be  less  than  the
29    amount  required  to  be  transferred  in such month from the
30    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
 
                            -16-     LRB093 08429 SJM 08651 b
 1    Fund;  provided,  however, that any amounts paid to the Build
 2    Illinois Fund in any fiscal year pursuant  to  this  sentence
 3    shall be deemed to constitute payments pursuant to clause (b)
 4    of  the  preceding  sentence  and  shall  reduce  the  amount
 5    otherwise payable for such fiscal year pursuant to clause (b)
 6    of  the  preceding  sentence.   The  moneys  received  by the
 7    Department pursuant to this Act and required to be  deposited
 8    into the Build Illinois Fund are subject to the pledge, claim
 9    and charge set forth in Section 12 of the Build Illinois Bond
10    Act.
11        Subject  to  payment  of  amounts into the Build Illinois
12    Fund as  provided  in  the  preceding  paragraph  or  in  any
13    amendment  thereto hereafter enacted, the following specified
14    monthly  installment  of  the   amount   requested   in   the
15    certificate  of  the  Chairman  of  the Metropolitan Pier and
16    Exposition Authority provided  under  Section  8.25f  of  the
17    State  Finance  Act, but not in excess of the sums designated
18    as "Total Deposit", shall be deposited in the aggregate  from
19    collections  under Section 9 of the Use Tax Act, Section 9 of
20    the Service Use Tax Act, Section 9 of the Service  Occupation
21    Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
22    into the  McCormick  Place  Expansion  Project  Fund  in  the
23    specified fiscal years.
24               Fiscal Year                           Total Deposit
25                   1993                                        $0
26                   1994                                53,000,000
27                   1995                                58,000,000
28                   1996                                61,000,000
29                   1997                                64,000,000
30                   1998                                68,000,000
31                   1999                                71,000,000
32                   2000                                75,000,000
33                   2001                                80,000,000
34                   2002                                93,000,000
 
                            -17-     LRB093 08429 SJM 08651 b
 1                   2003                                99,000,000
 2                   2004                               103,000,000
 3                   2005                               108,000,000
 4                   2006                               113,000,000
 5                   2007                               119,000,000
 6                   2008                               126,000,000
 7                   2009                               132,000,000
 8                   2010                               139,000,000
 9                   2011                               146,000,000
10                   2012                               153,000,000
11                   2013                               161,000,000
12                   2014                               170,000,000
13                   2015                               179,000,000
14                   2016                               189,000,000
15                   2017                               199,000,000
16                   2018                               210,000,000
17                   2019                               221,000,000
18                   2020                               233,000,000
19                   2021                               246,000,000
20                   2022                               260,000,000
21                 2023 and                             275,000,000
22    each fiscal year
23    thereafter that bonds
24    are outstanding under
25    Section 13.2 of the
26    Metropolitan Pier and
27    Exposition Authority
28    Act, but not after fiscal year 2042.
29        Beginning  July 20, 1993 and in each month of each fiscal
30    year thereafter, one-eighth of the amount  requested  in  the
31    certificate  of  the  Chairman  of  the Metropolitan Pier and
32    Exposition Authority for that fiscal year,  less  the  amount
33    deposited  into the McCormick Place Expansion Project Fund by
34    the State Treasurer in the respective month under  subsection
 
                            -18-     LRB093 08429 SJM 08651 b
 1    (g)  of  Section  13  of the Metropolitan Pier and Exposition
 2    Authority Act, plus cumulative deficiencies in  the  deposits
 3    required  under  this  Section for previous months and years,
 4    shall be deposited into the McCormick Place Expansion Project
 5    Fund, until the full amount requested for  the  fiscal  year,
 6    but  not  in  excess  of the amount specified above as "Total
 7    Deposit", has been deposited.
 8        Subject to payment of amounts  into  the  Build  Illinois
 9    Fund and the McCormick Place Expansion Project Fund under the
10    preceding  paragraphs,  each  month  the Department shall pay
11    into the Local Government Distributive Fund 0.4% of  the  net
12    revenue  realized for the preceding month from the 5% general
13    rate, or 0.4% of 80% of the  net  revenue  realized  for  the
14    preceding  month from the 6.25% general rate, as the case may
15    be, on the selling price of tangible personal property.  That
16    amount shall, subject to  appropriation,  be  distributed  as
17    provided  in  Section  2 of the State Revenue Sharing Act. No
18    payments or distributions under this paragraph shall be  made
19    if the tax imposed by this Act on photoprocessing products is
20    declared  unconstitutional  or  if the proceeds from that tax
21    are unavailable for distribution because of litigation.
22        Subject to payment of amounts  into  the  Build  Illinois
23    Fund, and the McCormick Place Expansion Project Fund, and the
24    Local  Government Distributive Fund pursuant to the preceding
25    paragraphs or in any amendments  thereto  hereafter  enacted,
26    beginning  July  1, 1993, the Department shall each month pay
27    into the Illinois Tax Increment Fund 0.27% of 80% of the  net
28    revenue  realized  for  the  preceding  month  from the 6.25%
29    general rate  on  the  selling  price  of  tangible  personal
30    property.
31        Subject  to  payment  of  amounts into the Build Illinois
32    Fund, and the McCormick Place Expansion Project Fund, and the
33    Local Government Distributive Fund pursuant to the  preceding
34    paragraphs  or  in  any amendments thereto hereafter enacted,
 
                            -19-     LRB093 08429 SJM 08651 b
 1    beginning with the receipt of the first report of taxes  paid
 2    by  an eligible business and continuing for a 25-year period,
 3    the  Department  shall  each  month  pay  into   the   Energy
 4    Infrastructure  Fund 80% of the net revenue realized from the
 5    6.25% general rate on the  selling  price  of  Illinois-mined
 6    coal  that was sold to an eligible business.  For purposes of
 7    this paragraph, the term  "eligible  business"  means  a  new
 8    electric  generating  facility  certified pursuant to Section
 9    605-332 of the Department of Commerce and  Community  Affairs
10    Law of the Civil Administrative Code of Illinois.
11        Of the remainder of the moneys received by the Department
12    pursuant  to  this  Act,  75%  thereof shall be paid into the
13    State Treasury and 25% shall be reserved in a special account
14    and used only for the transfer to the Common School  Fund  as
15    part of the monthly transfer from the General Revenue Fund in
16    accordance with Section 8a of the State Finance Act.
17        As  soon  as  possible after the first day of each month,
18    upon  certification  of  the  Department  of   Revenue,   the
19    Comptroller  shall  order transferred and the Treasurer shall
20    transfer from the General Revenue Fund to the Motor Fuel  Tax
21    Fund  an  amount  equal  to  1.7%  of  80% of the net revenue
22    realized under this  Act  for  the  second  preceding  month.
23    Beginning  April 1, 2000, this transfer is no longer required
24    and shall not be made.
25        Net revenue realized for a month  shall  be  the  revenue
26    collected  by the State pursuant to this Act, less the amount
27    paid out during  that  month  as  refunds  to  taxpayers  for
28    overpayment of liability.
29        For  greater simplicity of administration, manufacturers,
30    importers and wholesalers whose products are sold  at  retail
31    in Illinois by numerous retailers, and who wish to do so, may
32    assume  the  responsibility  for accounting and paying to the
33    Department all tax accruing under this Act  with  respect  to
34    such  sales,  if  the  retailers who are affected do not make
 
                            -20-     LRB093 08429 SJM 08651 b
 1    written objection to the Department to this arrangement.
 2    (Source: P.A.  91-37,  eff.  7-1-99;  91-51,  eff.   6-30-99;
 3    91-101,  eff.  7-12-99;  91-541,  eff.  8-13-99; 91-872, eff.
 4    7-1-00; 91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16,  eff.
 5    6-28-01;  92-208,  eff.  8-2-01; 92-492, eff. 1-1-02; 92-600,
 6    eff. 6-28-02; 92-651, eff. 7-11-02.)

 7        Section 10.  The  Service  Use  Tax  Act  is  amended  by
 8    changing Section 9 as follows:

 9        (35 ILCS 110/9) (from Ch. 120, par. 439.39)
10        Sec.   9.  Each  serviceman  required  or  authorized  to
11    collect the tax herein imposed shall pay  to  the  Department
12    the  amount of such tax (except as otherwise provided) at the
13    time when he is required to file his return  for  the  period
14    during  which such tax was collected, less a discount of 2.1%
15    prior to January 1, 1990 and 1.75% on and  after  January  1,
16    1990, or $5 per calendar year, whichever is greater, which is
17    allowed  to reimburse the serviceman for expenses incurred in
18    collecting the tax, keeping  records,  preparing  and  filing
19    returns,   remitting  the  tax  and  supplying  data  to  the
20    Department on request. A serviceman need not remit that  part
21    of any tax collected by him to the extent that he is required
22    to pay and does pay the tax imposed by the Service Occupation
23    Tax  Act  with  respect  to his sale of service involving the
24    incidental transfer by him of the same property.
25        Except as provided hereinafter in  this  Section,  on  or
26    before  the  twentieth  day  of  each  calendar  month,  such
27    serviceman  shall  file  a  return for the preceding calendar
28    month in accordance with reasonable Rules and Regulations  to
29    be  promulgated by the Department. Such return shall be filed
30    on a form prescribed by the Department and shall contain such
31    information as the Department may reasonably require.
32        The Department may require  returns  to  be  filed  on  a
 
                            -21-     LRB093 08429 SJM 08651 b
 1    quarterly  basis.  If so required, a return for each calendar
 2    quarter shall be filed on or before the twentieth day of  the
 3    calendar  month  following  the end of such calendar quarter.
 4    The taxpayer shall also file a return with the Department for
 5    each of the first two months of each calendar quarter, on  or
 6    before  the  twentieth  day  of the following calendar month,
 7    stating:
 8             1.  The name of the seller;
 9             2.  The address of the principal place  of  business
10        from which he engages in business as a serviceman in this
11        State;
12             3.  The total amount of taxable receipts received by
13        him   during  the  preceding  calendar  month,  including
14        receipts  from  charge  and  time  sales,  but  less  all
15        deductions allowed by law;
16             4.  The amount of credit provided in Section  2d  of
17        this Act;
18             5.  The amount of tax due;
19             5-5.  The signature of the taxpayer; and
20             6.  Such   other   reasonable   information  as  the
21        Department may require.
22        If a taxpayer fails to sign a return within 30 days after
23    the proper notice and demand for signature by the Department,
24    the return shall be considered valid and any amount shown  to
25    be due on the return shall be deemed assessed.
26        Beginning  October 1, 1993, a taxpayer who has an average
27    monthly tax liability of $150,000  or  more  shall  make  all
28    payments  required  by  rules of the Department by electronic
29    funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
30    has  an  average  monthly  tax  liability of $100,000 or more
31    shall make all payments required by rules of  the  Department
32    by  electronic  funds transfer.  Beginning October 1, 1995, a
33    taxpayer who has an average monthly tax liability of  $50,000
34    or  more  shall  make  all  payments required by rules of the
 
                            -22-     LRB093 08429 SJM 08651 b
 1    Department by electronic funds transfer. Beginning October 1,
 2    2000, a taxpayer who has an annual tax liability of  $200,000
 3    or  more  shall  make  all  payments required by rules of the
 4    Department by electronic funds transfer.   The  term  "annual
 5    tax liability" shall be the sum of the taxpayer's liabilities
 6    under   this  Act,  and  under  all  other  State  and  local
 7    occupation and use tax laws administered by  the  Department,
 8    for  the  immediately  preceding  calendar  year.    The term
 9    "average  monthly  tax  liability"  means  the  sum  of   the
10    taxpayer's  liabilities  under  this Act, and under all other
11    State and local occupation and use tax laws  administered  by
12    the  Department,  for the immediately preceding calendar year
13    divided by 12. Beginning on October 1, 2002, a  taxpayer  who
14    has a tax liability in the amount set forth in subsection (b)
15    of  Section  2505-210  of the Department of Revenue Law shall
16    make all payments required by  rules  of  the  Department  by
17    electronic funds transfer.
18        Before  August  1  of  each  year  beginning in 1993, the
19    Department  shall  notify  all  taxpayers  required  to  make
20    payments by electronic funds transfer. All taxpayers required
21    to make payments by  electronic  funds  transfer  shall  make
22    those payments for a minimum of one year beginning on October
23    1.
24        Any  taxpayer not required to make payments by electronic
25    funds transfer may make payments by electronic funds transfer
26    with the permission of the Department.
27        All taxpayers required  to  make  payment  by  electronic
28    funds  transfer  and  any taxpayers authorized to voluntarily
29    make payments by electronic funds transfer shall  make  those
30    payments in the manner authorized by the Department.
31        The Department shall adopt such rules as are necessary to
32    effectuate  a  program  of  electronic funds transfer and the
33    requirements of this Section.
34        If the serviceman is otherwise required to file a monthly
 
                            -23-     LRB093 08429 SJM 08651 b
 1    return and if the serviceman's average monthly tax  liability
 2    to  the  Department  does not exceed $200, the Department may
 3    authorize his returns to be filed on a quarter annual  basis,
 4    with  the  return  for January, February and March of a given
 5    year being due by April 20 of such year; with the return  for
 6    April,  May  and June of a given year being due by July 20 of
 7    such year; with the return for July, August and September  of
 8    a  given  year being due by October 20 of such year, and with
 9    the return for October, November and December of a given year
10    being due by January 20 of the following year.
11        If the serviceman is otherwise required to file a monthly
12    or quarterly return and if the serviceman's  average  monthly
13    tax  liability  to  the  Department  does not exceed $50, the
14    Department may authorize his returns to be filed on an annual
15    basis, with the return for a given year being due by  January
16    20 of the following year.
17        Such  quarter  annual  and annual returns, as to form and
18    substance, shall be  subject  to  the  same  requirements  as
19    monthly returns.
20        Notwithstanding   any   other   provision   in  this  Act
21    concerning the time within which a serviceman  may  file  his
22    return, in the case of any serviceman who ceases to engage in
23    a  kind  of  business  which makes him responsible for filing
24    returns under this Act, such serviceman shall  file  a  final
25    return  under  this  Act  with the Department not more than 1
26    month after discontinuing such business.
27        Where a serviceman collects the tax with respect  to  the
28    selling  price  of  property which he sells and the purchaser
29    thereafter returns such property and the  serviceman  refunds
30    the  selling  price thereof to the purchaser, such serviceman
31    shall also refund, to the purchaser,  the  tax  so  collected
32    from  the purchaser. When filing his return for the period in
33    which he refunds such tax to the  purchaser,  the  serviceman
34    may  deduct  the  amount of the tax so refunded by him to the
 
                            -24-     LRB093 08429 SJM 08651 b
 1    purchaser from any other Service Use Tax, Service  Occupation
 2    Tax,   retailers'  occupation  tax  or  use  tax  which  such
 3    serviceman may be required to pay or remit to the Department,
 4    as shown by such return, provided that the amount of the  tax
 5    to  be  deducted  shall  previously have been remitted to the
 6    Department by such serviceman. If the  serviceman  shall  not
 7    previously  have  remitted  the  amount  of  such  tax to the
 8    Department, he shall be entitled to  no  deduction  hereunder
 9    upon refunding such tax to the purchaser.
10        Any  serviceman  filing  a  return  hereunder  shall also
11    include the total tax upon  the  selling  price  of  tangible
12    personal  property purchased for use by him as an incident to
13    a sale of service, and such serviceman shall remit the amount
14    of such tax to the Department when filing such return.
15        If experience indicates such action  to  be  practicable,
16    the  Department  may  prescribe  and furnish a combination or
17    joint return which will enable servicemen, who  are  required
18    to   file  returns  hereunder  and  also  under  the  Service
19    Occupation Tax Act, to furnish  all  the  return  information
20    required by both Acts on the one form.
21        Where   the   serviceman   has  more  than  one  business
22    registered with the Department  under  separate  registration
23    hereunder, such serviceman shall not file each return that is
24    due   as   a  single  return  covering  all  such  registered
25    businesses, but shall file separate  returns  for  each  such
26    registered business.
27        Beginning  January  1,  1990,  each  month the Department
28    shall pay into the State and Local Tax Reform Fund, a special
29    fund in the State Treasury, the net revenue realized for  the
30    preceding  month  from  the 1% tax on sales of food for human
31    consumption which is to be consumed off the premises where it
32    is sold (other than alcoholic beverages, soft drinks and food
33    which  has  been  prepared  for  immediate  consumption)  and
34    prescription and nonprescription  medicines,  drugs,  medical
 
                            -25-     LRB093 08429 SJM 08651 b
 1    appliances and insulin, urine testing materials, syringes and
 2    needles used by diabetics.
 3        Beginning  January  1,  1990,  each  month the Department
 4    shall pay into the State and Local Sales Tax Reform Fund  20%
 5    of  the net revenue realized for the preceding month from the
 6    6.25%  general  rate  on  transfers  of   tangible   personal
 7    property,  other  than  tangible  personal  property which is
 8    purchased outside Illinois at  retail  from  a  retailer  and
 9    which  is  titled  or registered by an agency of this State's
10    government.
11        Beginning August 1, 2000, each month the Department shall
12    pay into the State and Local Sales Tax Reform  Fund  100%  of
13    the  net  revenue  realized  for the preceding month from the
14    1.25% rate on the selling price of motor fuel and gasohol.
15        Of the remainder of the moneys received by the Department
16    pursuant to this Act, (a)  1.75% thereof shall be  paid  into
17    the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
18    and on and after July 1, 1989, 3.8% thereof  shall  be   paid
19    into  the  Build Illinois Fund; provided, however, that if in
20    any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
21    as the case may be, of the moneys received by the  Department
22    and required to be paid into the Build Illinois Fund pursuant
23    to  Section 3 of the Retailers' Occupation Tax Act, Section 9
24    of the Use Tax Act, Section 9 of the Service Use Tax Act, and
25    Section 9 of the Service Occupation Tax Act, such Acts  being
26    hereinafter  called the "Tax Acts" and such aggregate of 2.2%
27    or 3.8%, as the case may  be,  of  moneys  being  hereinafter
28    called  the  "Tax Act Amount", and (2) the amount transferred
29    to the Build Illinois Fund from the State and Local Sales Tax
30    Reform Fund shall be less than the Annual  Specified   Amount
31    (as  defined  in  Section  3 of the Retailers' Occupation Tax
32    Act), an amount equal to the difference shall be  immediately
33    paid  into the Build Illinois Fund from other moneys received
34    by the Department pursuant  to  the  Tax  Acts;  and  further
 
                            -26-     LRB093 08429 SJM 08651 b
 1    provided,  that  if on the last business day of any month the
 2    sum of (1) the Tax Act Amount required to be  deposited  into
 3    the  Build  Illinois  Bond Account in the Build Illinois Fund
 4    during such month and (2) the amount transferred during  such
 5    month  to  the  Build  Illinois Fund from the State and Local
 6    Sales Tax Reform Fund shall have been less than 1/12  of  the
 7    Annual  Specified  Amount,  an amount equal to the difference
 8    shall be immediately paid into the Build Illinois  Fund  from
 9    other  moneys  received by the Department pursuant to the Tax
10    Acts; and, further provided,  that  in  no  event  shall  the
11    payments  required  under  the  preceding  proviso  result in
12    aggregate payments into the Build Illinois Fund  pursuant  to
13    this  clause (b) for any fiscal year in excess of the greater
14    of (i) the Tax Act Amount or (ii) the Annual Specified Amount
15    for such fiscal year; and, further provided, that the amounts
16    payable into the Build Illinois Fund under  this  clause  (b)
17    shall be payable only until such time as the aggregate amount
18    on  deposit  under each trust indenture securing Bonds issued
19    and outstanding pursuant to the Build Illinois  Bond  Act  is
20    sufficient, taking into account any future investment income,
21    to  fully provide, in accordance with such indenture, for the
22    defeasance of or the payment of the principal of, premium, if
23    any, and interest on the Bonds secured by such indenture  and
24    on  any  Bonds  expected to be issued thereafter and all fees
25    and costs payable with respect thereto, all as  certified  by
26    the  Director  of  the  Bureau of the Budget.  If on the last
27    business day of any month  in  which  Bonds  are  outstanding
28    pursuant to the Build Illinois Bond Act, the aggregate of the
29    moneys  deposited  in  the Build Illinois Bond Account in the
30    Build Illinois Fund in such month  shall  be  less  than  the
31    amount  required  to  be  transferred  in such month from the
32    Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
33    Retirement  and  Interest  Fund pursuant to Section 13 of the
34    Build Illinois Bond Act, an amount equal to  such  deficiency
 
                            -27-     LRB093 08429 SJM 08651 b
 1    shall  be  immediately paid from other moneys received by the
 2    Department pursuant to the Tax Acts  to  the  Build  Illinois
 3    Fund;  provided,  however, that any amounts paid to the Build
 4    Illinois Fund in any fiscal year pursuant  to  this  sentence
 5    shall be deemed to constitute payments pursuant to clause (b)
 6    of  the  preceding  sentence  and  shall  reduce  the  amount
 7    otherwise payable for such fiscal year pursuant to clause (b)
 8    of  the  preceding  sentence.   The  moneys  received  by the
 9    Department pursuant to this Act and required to be  deposited
10    into the Build Illinois Fund are subject to the pledge, claim
11    and charge set forth in Section 12 of the Build Illinois Bond
12    Act.
13        Subject  to  payment  of  amounts into the Build Illinois
14    Fund as  provided  in  the  preceding  paragraph  or  in  any
15    amendment  thereto hereafter enacted, the following specified
16    monthly  installment  of  the   amount   requested   in   the
17    certificate  of  the  Chairman  of  the Metropolitan Pier and
18    Exposition Authority provided  under  Section  8.25f  of  the
19    State  Finance  Act, but not in excess of the sums designated
20    as "Total Deposit", shall be deposited in the aggregate  from
21    collections  under Section 9 of the Use Tax Act, Section 9 of
22    the Service Use Tax Act, Section 9 of the Service  Occupation
23    Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
24    into the  McCormick  Place  Expansion  Project  Fund  in  the
25    specified fiscal years.
26               Fiscal Year                           Total Deposit
27                   1993                                        $0
28                   1994                                53,000,000
29                   1995                                58,000,000
30                   1996                                61,000,000
31                   1997                                64,000,000
32                   1998                                68,000,000
33                   1999                                71,000,000
34                   2000                                75,000,000
 
                            -28-     LRB093 08429 SJM 08651 b
 1                   2001                                80,000,000
 2                   2002                                93,000,000
 3                   2003                                99,000,000
 4                   2004                               103,000,000
 5                   2005                               108,000,000
 6                   2006                               113,000,000
 7                   2007                               119,000,000
 8                   2008                               126,000,000
 9                   2009                               132,000,000
10                   2010                               139,000,000
11                   2011                               146,000,000
12                   2012                               153,000,000
13                   2013                               161,000,000
14                   2014                               170,000,000
15                   2015                               179,000,000
16                   2016                               189,000,000
17                   2017                               199,000,000
18                   2018                               210,000,000
19                   2019                               221,000,000
20                   2020                               233,000,000
21                   2021                               246,000,000
22                   2022                               260,000,000
23                 2023 and                             275,000,000
24    each fiscal year
25    thereafter that bonds
26    are outstanding under
27    Section 13.2 of the
28    Metropolitan Pier and
29    Exposition Authority Act,
30    but not after fiscal year 2042.
31        Beginning  July 20, 1993 and in each month of each fiscal
32    year thereafter, one-eighth of the amount  requested  in  the
33    certificate  of  the  Chairman  of  the Metropolitan Pier and
34    Exposition Authority for that fiscal year,  less  the  amount
 
                            -29-     LRB093 08429 SJM 08651 b
 1    deposited  into the McCormick Place Expansion Project Fund by
 2    the State Treasurer in the respective month under  subsection
 3    (g)  of  Section  13  of the Metropolitan Pier and Exposition
 4    Authority Act, plus cumulative deficiencies in  the  deposits
 5    required  under  this  Section for previous months and years,
 6    shall be deposited into the McCormick Place Expansion Project
 7    Fund, until the full amount requested for  the  fiscal  year,
 8    but  not  in  excess  of the amount specified above as "Total
 9    Deposit", has been deposited.
10        Subject to payment of amounts  into  the  Build  Illinois
11    Fund and the McCormick Place Expansion Project Fund under the
12    preceding  paragraphs,  each  month  the Department shall pay
13    into the Local Government Distributive Fund 0.4% of  the  net
14    revenue  realized for the preceding month from the 5% general
15    rate, or 0.4% of 80% of the  net  revenue  realized  for  the
16    preceding  month from the 6.25% general rate, as the case may
17    be, on the selling price of tangible personal property.  That
18    amount shall, subject to  appropriation,  be  distributed  as
19    provided  in  Section  2 of the State Revenue Sharing Act. No
20    payments or distributions under this paragraph shall be  made
21    if the tax imposed by this Act on photoprocessing products is
22    declared  unconstitutional  or  if the proceeds from that tax
23    are unavailable for distribution because of litigation.
24        Subject to payment of amounts  into  the  Build  Illinois
25    Fund, and the McCormick Place Expansion Project Fund, and the
26    Local  Government Distributive Fund pursuant to the preceding
27    paragraphs or in any amendments  thereto  hereafter  enacted,
28    beginning  July  1, 1993, the Department shall each month pay
29    into the Illinois Tax Increment Fund 0.27% of 80% of the  net
30    revenue  realized  for  the  preceding  month  from the 6.25%
31    general rate  on  the  selling  price  of  tangible  personal
32    property.
33        Subject  to  payment  of  amounts into the Build Illinois
34    Fund, and the McCormick Place Expansion Project Fund, and the
 
                            -30-     LRB093 08429 SJM 08651 b
 1    Local Government Distributive Fund pursuant to the  preceding
 2    paragraphs  or  in  any amendments thereto hereafter enacted,
 3    beginning with the receipt of the first report of taxes  paid
 4    by  an eligible business and continuing for a 25-year period,
 5    the  Department  shall  each  month  pay  into   the   Energy
 6    Infrastructure  Fund 80% of the net revenue realized from the
 7    6.25% general rate on the  selling  price  of  Illinois-mined
 8    coal  that was sold to an eligible business.  For purposes of
 9    this paragraph, the term  "eligible  business"  means  a  new
10    electric  generating  facility  certified pursuant to Section
11    605-332 of the Department of Commerce and  Community  Affairs
12    Law of the Civil Administrative Code of Illinois.
13        All  remaining moneys received by the Department pursuant
14    to this Act shall be paid into the General  Revenue  Fund  of
15    the State Treasury.
16        As  soon  as  possible after the first day of each month,
17    upon  certification  of  the  Department  of   Revenue,   the
18    Comptroller  shall  order transferred and the Treasurer shall
19    transfer from the General Revenue Fund to the Motor Fuel  Tax
20    Fund  an  amount  equal  to  1.7%  of  80% of the net revenue
21    realized under this  Act  for  the  second  preceding  month.
22    Beginning  April 1, 2000, this transfer is no longer required
23    and shall not be made.
24        Net revenue realized for a month  shall  be  the  revenue
25    collected  by the State pursuant to this Act, less the amount
26    paid out during  that  month  as  refunds  to  taxpayers  for
27    overpayment of liability.
28    (Source: P.A.   91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;
29    91-101, eff. 7-12-99;  91-541,  eff.  8-13-99;  91-872,  eff.
30    7-1-00; 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, eff.
31    1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02.)

32        Section 15.  The Service Occupation Tax Act is amended by
33    changing Section 9 as follows:
 
                            -31-     LRB093 08429 SJM 08651 b
 1        (35 ILCS 115/9) (from Ch. 120, par. 439.109)
 2        Sec.  9.   Each  serviceman  required  or  authorized  to
 3    collect  the  tax  herein imposed shall pay to the Department
 4    the amount of such tax at the time when  he  is  required  to
 5    file  his  return  for  the  period during which such tax was
 6    collectible, less a discount of  2.1%  prior  to  January  1,
 7    1990,  and  1.75%  on  and  after  January 1, 1990, or $5 per
 8    calendar year, whichever is  greater,  which  is  allowed  to
 9    reimburse  the serviceman for expenses incurred in collecting
10    the tax,  keeping  records,  preparing  and  filing  returns,
11    remitting  the  tax  and  supplying data to the Department on
12    request.
13        Where such tangible personal property  is  sold  under  a
14    conditional  sales  contract, or under any other form of sale
15    wherein the payment of the principal sum, or a part  thereof,
16    is  extended  beyond  the  close  of the period for which the
17    return is filed, the serviceman, in collecting  the  tax  may
18    collect,  for each tax return period, only the tax applicable
19    to the part of the selling  price  actually  received  during
20    such tax return period.
21        Except  as  provided  hereinafter  in this Section, on or
22    before  the  twentieth  day  of  each  calendar  month,  such
23    serviceman shall file a return  for  the  preceding  calendar
24    month  in accordance with reasonable rules and regulations to
25    be promulgated by the Department of  Revenue.    Such  return
26    shall  be  filed  on  a form prescribed by the Department and
27    shall  contain  such  information  as  the   Department   may
28    reasonably require.
29        The  Department  may  require  returns  to  be filed on a
30    quarterly basis.  If so required, a return for each  calendar
31    quarter  shall be filed on or before the twentieth day of the
32    calendar month following the end of  such  calendar  quarter.
33    The taxpayer shall also file a return with the Department for
34    each  of the first two months of each calendar quarter, on or
 
                            -32-     LRB093 08429 SJM 08651 b
 1    before the twentieth day of  the  following  calendar  month,
 2    stating:
 3             1.  The name of the seller;
 4             2.  The  address  of the principal place of business
 5        from which he engages in business as a serviceman in this
 6        State;
 7             3.  The total amount of taxable receipts received by
 8        him  during  the  preceding  calendar  month,   including
 9        receipts  from  charge  and  time  sales,  but  less  all
10        deductions allowed by law;
11             4.  The  amount  of credit provided in Section 2d of
12        this Act;
13             5.  The amount of tax due;
14             5-5.  The signature of the taxpayer; and
15             6.  Such  other  reasonable   information   as   the
16        Department may require.
17        If a taxpayer fails to sign a return within 30 days after
18    the proper notice and demand for signature by the Department,
19    the  return shall be considered valid and any amount shown to
20    be due on the return shall be deemed assessed.
21        A serviceman may accept a Manufacturer's Purchase  Credit
22    certification from a purchaser in satisfaction of Service Use
23    Tax as provided in Section 3-70 of the Service Use Tax Act if
24    the  purchaser  provides  the  appropriate  documentation  as
25    required  by  Section  3-70  of  the  Service Use Tax Act.  A
26    Manufacturer's Purchase Credit certification, accepted  by  a
27    serviceman as provided in Section 3-70 of the Service Use Tax
28    Act,  may  be  used  by  that  serviceman  to satisfy Service
29    Occupation  Tax  liability  in  the  amount  claimed  in  the
30    certification, not to exceed 6.25% of the receipts subject to
31    tax from a qualifying purchase.
32        If the serviceman's average monthly tax liability to  the
33    Department does not exceed $200, the Department may authorize
34    his  returns  to be filed on a quarter annual basis, with the
 
                            -33-     LRB093 08429 SJM 08651 b
 1    return for January, February and March of a given year  being
 2    due  by April 20 of such year; with the return for April, May
 3    and June of a given year being due by July 20 of  such  year;
 4    with  the  return  for  July, August and September of a given
 5    year being due by October 20  of  such  year,  and  with  the
 6    return  for  October,  November  and December of a given year
 7    being due by January 20 of the following year.
 8        If the serviceman's average monthly tax liability to  the
 9    Department  does not exceed $50, the Department may authorize
10    his returns to be filed on an annual basis, with  the  return
11    for  a  given  year  being due by January 20 of the following
12    year.
13        Such quarter annual and annual returns, as  to  form  and
14    substance,  shall  be  subject  to  the  same requirements as
15    monthly returns.
16        Notwithstanding  any  other   provision   in   this   Act
17    concerning  the  time  within which a serviceman may file his
18    return, in the case of any serviceman who ceases to engage in
19    a kind of business which makes  him  responsible  for  filing
20    returns  under  this  Act, such serviceman shall file a final
21    return under this Act with the Department  not  more  than  1
22    month after discontinuing such business.
23        Beginning  October 1, 1993, a taxpayer who has an average
24    monthly tax liability of $150,000  or  more  shall  make  all
25    payments  required  by  rules of the Department by electronic
26    funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
27    has  an  average  monthly  tax  liability of $100,000 or more
28    shall make all payments required by rules of  the  Department
29    by  electronic  funds transfer.  Beginning October 1, 1995, a
30    taxpayer who has an average monthly tax liability of  $50,000
31    or  more  shall  make  all  payments required by rules of the
32    Department by electronic funds transfer.   Beginning  October
33    1,  2000,  a  taxpayer  who  has  an  annual tax liability of
34    $200,000 or more shall make all payments required by rules of
 
                            -34-     LRB093 08429 SJM 08651 b
 1    the  Department  by  electronic  funds  transfer.   The  term
 2    "annual tax liability" shall be the  sum  of  the  taxpayer's
 3    liabilities  under  this  Act,  and under all other State and
 4    local  occupation  and  use  tax  laws  administered  by  the
 5    Department, for the immediately preceding calendar year.  The
 6    term  "average  monthly  tax  liability" means the sum of the
 7    taxpayer's liabilities under this Act, and  under  all  other
 8    State  and  local occupation and use tax laws administered by
 9    the Department, for the immediately preceding  calendar  year
10    divided  by  12. Beginning on October 1, 2002, a taxpayer who
11    has a tax liability in the amount set forth in subsection (b)
12    of Section 2505-210 of the Department of  Revenue  Law  shall
13    make  all  payments  required  by  rules of the Department by
14    electronic funds transfer.
15        Before August 1 of  each  year  beginning  in  1993,  the
16    Department  shall  notify  all  taxpayers  required  to  make
17    payments   by  electronic  funds  transfer.    All  taxpayers
18    required to make payments by electronic funds transfer  shall
19    make  those  payments  for a minimum of one year beginning on
20    October 1.
21        Any taxpayer not required to make payments by  electronic
22    funds transfer may make payments by electronic funds transfer
23    with the permission of the Department.
24        All  taxpayers  required  to  make  payment by electronic
25    funds transfer and any taxpayers  authorized  to  voluntarily
26    make  payments  by electronic funds transfer shall make those
27    payments in the manner authorized by the Department.
28        The Department shall adopt such rules as are necessary to
29    effectuate a program of electronic  funds  transfer  and  the
30    requirements of this Section.
31        Where  a  serviceman collects the tax with respect to the
32    selling price of tangible personal property  which  he  sells
33    and  the  purchaser thereafter returns such tangible personal
34    property and the serviceman refunds the selling price thereof
 
                            -35-     LRB093 08429 SJM 08651 b
 1    to the purchaser, such serviceman shall also refund,  to  the
 2    purchaser,  the  tax  so  collected from the purchaser.  When
 3    filing his return for the period in which he refunds such tax
 4    to the purchaser, the serviceman may deduct the amount of the
 5    tax so refunded by  him  to  the  purchaser  from  any  other
 6    Service   Occupation   Tax,   Service   Use  Tax,  Retailers'
 7    Occupation Tax or  Use  Tax  which  such  serviceman  may  be
 8    required  to pay or remit to the Department, as shown by such
 9    return, provided that the amount of the tax  to  be  deducted
10    shall previously have been remitted to the Department by such
11    serviceman.   If  the  serviceman  shall  not previously have
12    remitted the amount of such tax to the Department,  he  shall
13    be entitled to no deduction hereunder upon refunding such tax
14    to the purchaser.
15        If  experience  indicates  such action to be practicable,
16    the Department may prescribe and  furnish  a  combination  or
17    joint  return  which will enable servicemen, who are required
18    to file returns  hereunder  and  also  under  the  Retailers'
19    Occupation  Tax  Act,  the Use Tax Act or the Service Use Tax
20    Act, to furnish all the return information  required  by  all
21    said Acts on the one form.
22        Where   the   serviceman   has  more  than  one  business
23    registered with the Department under  separate  registrations
24    hereunder,  such  serviceman  shall file separate returns for
25    each registered business.
26        Beginning January 1,  1990,  each  month  the  Department
27    shall  pay  into  the  Local  Government Tax Fund the revenue
28    realized for the preceding month from the 1% tax on sales  of
29    food  for  human  consumption which is to be consumed off the
30    premises where it is sold (other  than  alcoholic  beverages,
31    soft  drinks  and  food which has been prepared for immediate
32    consumption) and prescription and nonprescription  medicines,
33    drugs,   medical   appliances   and  insulin,  urine  testing
34    materials, syringes and needles used by diabetics.
 
                            -36-     LRB093 08429 SJM 08651 b
 1        Beginning January 1,  1990,  each  month  the  Department
 2    shall  pay  into the County and Mass Transit District Fund 4%
 3    of the revenue realized for  the  preceding  month  from  the
 4    6.25% general rate.
 5        Beginning August 1, 2000, each month the Department shall
 6    pay into the County and Mass Transit District Fund 20% of the
 7    net  revenue  realized for the preceding month from the 1.25%
 8    rate on the selling price of motor fuel and gasohol.
 9        Beginning January 1,  1990,  each  month  the  Department
10    shall  pay  into  the  Local  Government  Tax Fund 16% of the
11    revenue realized for  the  preceding  month  from  the  6.25%
12    general rate on transfers of tangible personal property.
13        Beginning August 1, 2000, each month the Department shall
14    pay into the Local Government Tax Fund 80% of the net revenue
15    realized  for  the preceding month from the 1.25% rate on the
16    selling price of motor fuel and gasohol.
17        Of the remainder of the moneys received by the Department
18    pursuant to this Act, (a) 1.75% thereof shall  be  paid  into
19    the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
20    and on and after July 1, 1989, 3.8%  thereof  shall  be  paid
21    into  the  Build Illinois Fund; provided, however, that if in
22    any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
23    as the case may be, of the moneys received by the  Department
24    and required to be paid into the Build Illinois Fund pursuant
25    to  Section 3 of the Retailers' Occupation Tax Act, Section 9
26    of the Use Tax Act, Section 9 of the Service Use Tax Act, and
27    Section 9 of the Service Occupation Tax Act, such Acts  being
28    hereinafter  called the "Tax Acts" and such aggregate of 2.2%
29    or 3.8%, as the case may  be,  of  moneys  being  hereinafter
30    called  the  "Tax Act Amount", and (2) the amount transferred
31    to the Build Illinois Fund from the State and Local Sales Tax
32    Reform Fund shall be less than the  Annual  Specified  Amount
33    (as  defined  in  Section  3 of the Retailers' Occupation Tax
34    Act), an amount equal to the difference shall be  immediately
 
                            -37-     LRB093 08429 SJM 08651 b
 1    paid  into the Build Illinois Fund from other moneys received
 2    by the Department pursuant  to  the  Tax  Acts;  and  further
 3    provided,  that  if on the last business day of any month the
 4    sum of (1) the Tax Act Amount required to be  deposited  into
 5    the  Build Illinois Account in the Build Illinois Fund during
 6    such month and (2) the amount transferred during  such  month
 7    to the Build Illinois Fund from the State and Local Sales Tax
 8    Reform  Fund  shall  have  been  less than 1/12 of the Annual
 9    Specified Amount, an amount equal to the difference shall  be
10    immediately  paid  into  the  Build  Illinois Fund from other
11    moneys received by the Department pursuant to the  Tax  Acts;
12    and,  further  provided,  that in no event shall the payments
13    required under the  preceding  proviso  result  in  aggregate
14    payments into the Build Illinois Fund pursuant to this clause
15    (b)  for  any fiscal year in excess of the greater of (i) the
16    Tax Act Amount or (ii) the Annual Specified Amount  for  such
17    fiscal  year; and, further provided, that the amounts payable
18    into the Build Illinois Fund under this clause (b)  shall  be
19    payable  only  until  such  time  as  the aggregate amount on
20    deposit under each trust indenture securing Bonds issued  and
21    outstanding  pursuant  to  the  Build  Illinois  Bond  Act is
22    sufficient, taking into account any future investment income,
23    to fully provide, in accordance with such indenture, for  the
24    defeasance of or the payment of the principal of, premium, if
25    any,  and interest on the Bonds secured by such indenture and
26    on any Bonds expected to be issued thereafter  and  all  fees
27    and  costs  payable with respect thereto, all as certified by
28    the Director of the Bureau of the Budget.   If  on  the  last
29    business  day  of  any  month  in which Bonds are outstanding
30    pursuant to the Build Illinois Bond Act, the aggregate of the
31    moneys deposited in the Build Illinois Bond  Account  in  the
32    Build  Illinois  Fund  in  such  month shall be less than the
33    amount required to be transferred  in  such  month  from  the
34    Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
 
                            -38-     LRB093 08429 SJM 08651 b
 1    Retirement and Interest Fund pursuant to Section  13  of  the
 2    Build  Illinois  Bond Act, an amount equal to such deficiency
 3    shall be immediately paid from other moneys received  by  the
 4    Department  pursuant  to  the  Tax Acts to the Build Illinois
 5    Fund; provided, however, that any amounts paid to  the  Build
 6    Illinois  Fund  in  any fiscal year pursuant to this sentence
 7    shall be deemed to constitute payments pursuant to clause (b)
 8    of  the  preceding  sentence  and  shall  reduce  the  amount
 9    otherwise payable for such fiscal year pursuant to clause (b)
10    of the  preceding  sentence.   The  moneys  received  by  the
11    Department  pursuant to this Act and required to be deposited
12    into the Build Illinois Fund are subject to the pledge, claim
13    and charge set forth in Section 12 of the Build Illinois Bond
14    Act.
15        Subject to payment of amounts  into  the  Build  Illinois
16    Fund  as  provided  in  the  preceding  paragraph  or  in any
17    amendment thereto hereafter enacted, the following  specified
18    monthly   installment   of   the   amount  requested  in  the
19    certificate of the Chairman  of  the  Metropolitan  Pier  and
20    Exposition  Authority  provided  under  Section  8.25f of the
21    State Finance Act, but not in excess of the  sums  designated
22    as  "Total Deposit", shall be deposited in the aggregate from
23    collections under Section 9 of the Use Tax Act, Section 9  of
24    the  Service Use Tax Act, Section 9 of the Service Occupation
25    Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
26    into  the  McCormick  Place  Expansion  Project  Fund  in the
27    specified fiscal years.
28               Fiscal Year                           Total Deposit
29                   1993                                        $0
30                   1994                                53,000,000
31                   1995                                58,000,000
32                   1996                                61,000,000
33                   1997                                64,000,000
34                   1998                                68,000,000
 
                            -39-     LRB093 08429 SJM 08651 b
 1                   1999                                71,000,000
 2                   2000                                75,000,000
 3                   2001                                80,000,000
 4                   2002                                93,000,000
 5                   2003                                99,000,000
 6                   2004                               103,000,000
 7                   2005                               108,000,000
 8                   2006                               113,000,000
 9                   2007                               119,000,000
10                   2008                               126,000,000
11                   2009                               132,000,000
12                   2010                               139,000,000
13                   2011                               146,000,000
14                   2012                               153,000,000
15                   2013                               161,000,000
16                   2014                               170,000,000
17                   2015                               179,000,000
18                   2016                               189,000,000
19                   2017                               199,000,000
20                   2018                               210,000,000
21                   2019                               221,000,000
22                   2020                               233,000,000
23                   2021                               246,000,000
24                   2022                               260,000,000
25                 2023 and                             275,000,000
26    each fiscal year
27    thereafter that bonds
28    are outstanding under
29    Section 13.2 of the
30    Metropolitan Pier and
31    Exposition Authority
32    Act, but not after fiscal year 2042.
33        Beginning July 20, 1993 and in each month of each  fiscal
34    year  thereafter,  one-eighth  of the amount requested in the
 
                            -40-     LRB093 08429 SJM 08651 b
 1    certificate of the Chairman  of  the  Metropolitan  Pier  and
 2    Exposition  Authority  for  that fiscal year, less the amount
 3    deposited into the McCormick Place Expansion Project Fund  by
 4    the  State Treasurer in the respective month under subsection
 5    (g) of Section 13 of the  Metropolitan  Pier  and  Exposition
 6    Authority  Act,  plus cumulative deficiencies in the deposits
 7    required under this Section for previous  months  and  years,
 8    shall be deposited into the McCormick Place Expansion Project
 9    Fund,  until  the  full amount requested for the fiscal year,
10    but not in excess of the amount  specified  above  as  "Total
11    Deposit", has been deposited.
12        Subject  to  payment  of  amounts into the Build Illinois
13    Fund and the McCormick Place Expansion Project Fund under the
14    preceding paragraphs, each month  the  Department  shall  pay
15    into  the  Local Government Distributive Fund 0.4% of the net
16    revenue realized for the preceding month from the 5%  general
17    rate  or  0.4%  of  80%  of  the net revenue realized for the
18    preceding month from the 6.25% general rate, as the case  may
19    be, on the selling price of tangible personal property.  That
20    amount  shall,  subject  to  appropriation, be distributed as
21    provided in Section 2 of the State Revenue Sharing  Act.   No
22    payments  or distributions under this paragraph shall be made
23    if the tax imposed by this Act on photoprocessing products is
24    declared unconstitutional or if the proceeds  from  that  tax
25    are unavailable for distribution because of litigation.
26        Subject  to  payment  of  amounts into the Build Illinois
27    Fund, and the McCormick Place Expansion Project Fund, and the
28    Local Government Distributive Fund pursuant to the  preceding
29    paragraphs  or  in  any amendments thereto hereafter enacted,
30    beginning July 1, 1993, the Department shall each  month  pay
31    into  the Illinois Tax Increment Fund 0.27% of 80% of the net
32    revenue realized for  the  preceding  month  from  the  6.25%
33    general  rate  on  the  selling  price  of  tangible personal
34    property.
 
                            -41-     LRB093 08429 SJM 08651 b
 1        Subject to payment of amounts  into  the  Build  Illinois
 2    Fund, and the McCormick Place Expansion Project Fund, and the
 3    Local  Government Distributive Fund pursuant to the preceding
 4    paragraphs or in any amendments  thereto  hereafter  enacted,
 5    beginning  with the receipt of the first report of taxes paid
 6    by an eligible business and continuing for a 25-year  period,
 7    the   Department   shall  each  month  pay  into  the  Energy
 8    Infrastructure Fund 80% of the net revenue realized from  the
 9    6.25%  general  rate  on  the selling price of Illinois-mined
10    coal that was sold to an eligible business.  For purposes  of
11    this  paragraph,  the  term  "eligible  business" means a new
12    electric generating facility certified  pursuant  to  Section
13    605-332  of  the Department of Commerce and Community Affairs
14    Law of the Civil Administrative Code of Illinois.
15        Remaining moneys received by the Department  pursuant  to
16    this  Act  shall be paid into the General Revenue Fund of the
17    State Treasury.
18        The Department may, upon separate  written  notice  to  a
19    taxpayer,  require  the taxpayer to prepare and file with the
20    Department on a form prescribed by the Department within  not
21    less  than  60  days  after  receipt  of the notice an annual
22    information return for the tax year specified in the  notice.
23    Such   annual  return  to  the  Department  shall  include  a
24    statement of gross receipts as shown by the  taxpayer's  last
25    Federal  income  tax  return.   If  the total receipts of the
26    business as reported in the Federal income tax return do  not
27    agree  with  the gross receipts reported to the Department of
28    Revenue for the same period, the taxpayer shall attach to his
29    annual return a schedule showing a reconciliation  of  the  2
30    amounts  and  the reasons for the difference.  The taxpayer's
31    annual return to the Department shall also disclose the  cost
32    of goods sold by the taxpayer during the year covered by such
33    return,  opening  and  closing  inventories of such goods for
34    such year, cost of goods used from stock or taken from  stock
 
                            -42-     LRB093 08429 SJM 08651 b
 1    and  given  away  by  the taxpayer during such year, pay roll
 2    information of the taxpayer's business during such  year  and
 3    any  additional  reasonable  information which the Department
 4    deems would be helpful in determining  the  accuracy  of  the
 5    monthly,  quarterly  or annual returns filed by such taxpayer
 6    as hereinbefore provided for in this Section.
 7        If the annual information return required by this Section
 8    is not filed when and as  required,  the  taxpayer  shall  be
 9    liable as follows:
10             (i)  Until  January  1,  1994, the taxpayer shall be
11        liable for a penalty equal to 1/6 of 1% of  the  tax  due
12        from such taxpayer under this Act during the period to be
13        covered  by  the annual return for each month or fraction
14        of a month until such return is filed  as  required,  the
15        penalty  to  be assessed and collected in the same manner
16        as any other penalty provided for in this Act.
17             (ii)  On and after January  1,  1994,  the  taxpayer
18        shall be liable for a penalty as described in Section 3-4
19        of the Uniform Penalty and Interest Act.
20        The chief executive officer, proprietor, owner or highest
21    ranking  manager  shall sign the annual return to certify the
22    accuracy of the information contained  therein.   Any  person
23    who  willfully  signs  the  annual return containing false or
24    inaccurate  information  shall  be  guilty  of  perjury   and
25    punished  accordingly.   The annual return form prescribed by
26    the Department  shall  include  a  warning  that  the  person
27    signing the return may be liable for perjury.
28        The  foregoing  portion  of  this  Section concerning the
29    filing of an annual information return shall not apply  to  a
30    serviceman  who  is not required to file an income tax return
31    with the United States Government.
32        As soon as possible after the first day  of  each  month,
33    upon   certification   of  the  Department  of  Revenue,  the
34    Comptroller shall order transferred and the  Treasurer  shall
 
                            -43-     LRB093 08429 SJM 08651 b
 1    transfer  from the General Revenue Fund to the Motor Fuel Tax
 2    Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
 3    realized  under  this  Act  for  the  second preceding month.
 4    Beginning April 1, 2000, this transfer is no longer  required
 5    and shall not be made.
 6        Net  revenue  realized  for  a month shall be the revenue
 7    collected by the State pursuant to this Act, less the  amount
 8    paid  out  during  that  month  as  refunds  to taxpayers for
 9    overpayment of liability.
10        For greater simplicity of  administration,  it  shall  be
11    permissible  for  manufacturers,  importers  and  wholesalers
12    whose  products  are sold by numerous servicemen in Illinois,
13    and who wish to do  so,  to  assume  the  responsibility  for
14    accounting  and  paying  to  the  Department all tax accruing
15    under this Act with respect to such sales, if the  servicemen
16    who  are  affected  do  not  make  written  objection  to the
17    Department to this arrangement.
18    (Source: P.A.  91-37,  eff.  7-1-99;  91-51,  eff.   6-30-99;
19    91-101,  eff.  7-12-99;  91-541,  eff.  8-13-99; 91-872, eff.
20    7-1-00; 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, eff.
21    1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02.)

22        Section 20.  The Retailers' Occupation Tax Act is amended
23    by changing Section 3 as follows:

24        (35 ILCS 120/3) (from Ch. 120, par. 442)
25        Sec. 3.  Except as provided in this Section, on or before
26    the twentieth  day  of  each  calendar  month,  every  person
27    engaged in the business of selling tangible personal property
28    at  retail  in this State during the preceding calendar month
29    shall file a return with the Department, stating:
30             1.  The name of the seller;
31             2.  His residence address and  the  address  of  his
32        principal  place  of  business  and  the  address  of the
 
                            -44-     LRB093 08429 SJM 08651 b
 1        principal place of  business  (if  that  is  a  different
 2        address) from which he engages in the business of selling
 3        tangible personal property at retail in this State;
 4             3.  Total  amount of receipts received by him during
 5        the preceding calendar month or quarter, as the case  may
 6        be,  from  sales  of tangible personal property, and from
 7        services furnished, by him during such preceding calendar
 8        month or quarter;
 9             4.  Total  amount  received  by   him   during   the
10        preceding  calendar  month  or quarter on charge and time
11        sales of tangible personal property,  and  from  services
12        furnished, by him prior to the month or quarter for which
13        the return is filed;
14             5.  Deductions allowed by law;
15             6.  Gross receipts which were received by him during
16        the  preceding  calendar  month  or  quarter and upon the
17        basis of which the tax is imposed;
18             7.  The amount of credit provided in Section  2d  of
19        this Act;
20             8.  The amount of tax due;
21             9.  The signature of the taxpayer; and
22             10.  Such   other   reasonable  information  as  the
23        Department may require.
24        If a taxpayer fails to sign a return within 30 days after
25    the proper notice and demand for signature by the Department,
26    the return shall be considered valid and any amount shown  to
27    be due on the return shall be deemed assessed.
28        Each  return  shall  be  accompanied  by the statement of
29    prepaid tax issued pursuant to Section 2e for which credit is
30    claimed.
31        A retailer may accept a  Manufacturer's  Purchase  Credit
32    certification  from a purchaser in satisfaction of Use Tax as
33    provided in Section 3-85 of the Use Tax Act if the  purchaser
34    provides the appropriate documentation as required by Section
 
                            -45-     LRB093 08429 SJM 08651 b
 1    3-85  of  the  Use Tax Act.  A Manufacturer's Purchase Credit
 2    certification, accepted by a retailer as provided in  Section
 3    3-85  of  the  Use  Tax  Act, may be used by that retailer to
 4    satisfy Retailers' Occupation Tax  liability  in  the  amount
 5    claimed  in  the  certification,  not  to exceed 6.25% of the
 6    receipts subject to tax from a qualifying purchase.
 7        The Department may require  returns  to  be  filed  on  a
 8    quarterly  basis.  If so required, a return for each calendar
 9    quarter shall be filed on or before the twentieth day of  the
10    calendar  month  following  the end of such calendar quarter.
11    The taxpayer shall also file a return with the Department for
12    each of the first two months of each calendar quarter, on  or
13    before  the  twentieth  day  of the following calendar month,
14    stating:
15             1.  The name of the seller;
16             2.  The address of the principal place  of  business
17        from which he engages in the business of selling tangible
18        personal property at retail in this State;
19             3.  The total amount of taxable receipts received by
20        him  during  the  preceding  calendar month from sales of
21        tangible personal property by him during  such  preceding
22        calendar  month,  including receipts from charge and time
23        sales, but less all deductions allowed by law;
24             4.  The amount of credit provided in Section  2d  of
25        this Act;
26             5.  The amount of tax due; and
27             6.  Such   other   reasonable   information  as  the
28        Department may require.
29        If a total amount of less than $1 is payable,  refundable
30    or creditable, such amount shall be disregarded if it is less
31    than  50 cents and shall be increased to $1 if it is 50 cents
32    or more.
33        Beginning October 1, 1993, a taxpayer who has an  average
34    monthly  tax  liability  of  $150,000  or more shall make all
 
                            -46-     LRB093 08429 SJM 08651 b
 1    payments required by rules of the  Department  by  electronic
 2    funds  transfer.   Beginning  October 1, 1994, a taxpayer who
 3    has an average monthly tax  liability  of  $100,000  or  more
 4    shall  make  all payments required by rules of the Department
 5    by electronic funds transfer.  Beginning October 1,  1995,  a
 6    taxpayer  who has an average monthly tax liability of $50,000
 7    or more shall make all payments  required  by  rules  of  the
 8    Department  by  electronic funds transfer.  Beginning October
 9    1, 2000, a taxpayer  who  has  an  annual  tax  liability  of
10    $200,000 or more shall make all payments required by rules of
11    the  Department  by  electronic  funds  transfer.   The  term
12    "annual  tax  liability"  shall  be the sum of the taxpayer's
13    liabilities under this Act, and under  all  other  State  and
14    local  occupation  and  use  tax  laws  administered  by  the
15    Department,  for the immediately preceding calendar year. The
16    term "average monthly tax liability" shall be 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
19    the  Department,  for the immediately preceding calendar year
20    divided by 12. Beginning on October 1, 2002, a  taxpayer  who
21    has a tax liability in the amount set forth in subsection (b)
22    of  Section  2505-210  of the Department of Revenue Law shall
23    make all payments required by  rules  of  the  Department  by
24    electronic funds transfer.
25        Before  August  1  of  each  year  beginning in 1993, the
26    Department  shall  notify  all  taxpayers  required  to  make
27    payments  by  electronic  funds  transfer.    All   taxpayers
28    required  to make payments by electronic funds transfer shall
29    make those payments for a minimum of one  year  beginning  on
30    October 1.
31        Any  taxpayer not required to make payments by electronic
32    funds transfer may make payments by electronic funds transfer
33    with the permission of the Department.
34        All taxpayers required  to  make  payment  by  electronic
 
                            -47-     LRB093 08429 SJM 08651 b
 1    funds  transfer  and  any taxpayers authorized to voluntarily
 2    make payments by electronic funds transfer shall  make  those
 3    payments in the manner authorized by the Department.
 4        The Department shall adopt such rules as are necessary to
 5    effectuate  a  program  of  electronic funds transfer and the
 6    requirements of this Section.
 7        Any amount which is required to be shown or  reported  on
 8    any  return  or  other document under this Act shall, if such
 9    amount is not a whole-dollar  amount,  be  increased  to  the
10    nearest  whole-dollar amount in any case where the fractional
11    part of a dollar is 50 cents or more, and  decreased  to  the
12    nearest  whole-dollar  amount  where the fractional part of a
13    dollar is less than 50 cents.
14        If the retailer is otherwise required to file  a  monthly
15    return and if the retailer's average monthly tax liability to
16    the  Department  does  not  exceed  $200,  the Department may
17    authorize his returns to be filed on a quarter annual  basis,
18    with  the  return  for January, February and March of a given
19    year being due by April 20 of such year; with the return  for
20    April,  May  and June of a given year being due by July 20 of
21    such year; with the return for July, August and September  of
22    a  given  year being due by October 20 of such year, and with
23    the return for October, November and December of a given year
24    being due by January 20 of the following year.
25        If the retailer is otherwise required to file  a  monthly
26    or quarterly return and if the retailer's average monthly tax
27    liability  with  the  Department  does  not  exceed  $50, the
28    Department may authorize his returns to be filed on an annual
29    basis, with the return for a given year being due by  January
30    20 of the following year.
31        Such  quarter  annual  and annual returns, as to form and
32    substance, shall be  subject  to  the  same  requirements  as
33    monthly returns.
34        Notwithstanding   any   other   provision   in  this  Act
 
                            -48-     LRB093 08429 SJM 08651 b
 1    concerning the time within which  a  retailer  may  file  his
 2    return, in the case of any retailer who ceases to engage in a
 3    kind  of  business  which  makes  him  responsible for filing
 4    returns under this Act, such  retailer  shall  file  a  final
 5    return  under  this Act with the Department not more than one
 6    month after discontinuing such business.
 7        Where  the  same  person  has  more  than  one   business
 8    registered  with  the Department under separate registrations
 9    under this Act, such person may not file each return that  is
10    due   as   a  single  return  covering  all  such  registered
11    businesses, but shall file separate  returns  for  each  such
12    registered business.
13        In  addition, with respect to motor vehicles, watercraft,
14    aircraft, and trailers that are  required  to  be  registered
15    with  an  agency  of  this State, every retailer selling this
16    kind of tangible  personal  property  shall  file,  with  the
17    Department,  upon a form to be prescribed and supplied by the
18    Department, a separate return for each such item of  tangible
19    personal  property  which the retailer sells, except that if,
20    in  the  same  transaction,  (i)  a  retailer  of   aircraft,
21    watercraft,  motor  vehicles  or trailers transfers more than
22    one aircraft, watercraft, motor vehicle or trailer to another
23    aircraft,  watercraft,  motor  vehicle  retailer  or  trailer
24    retailer for the purpose of resale  or  (ii)  a  retailer  of
25    aircraft,  watercraft,  motor vehicles, or trailers transfers
26    more than one aircraft, watercraft, motor vehicle, or trailer
27    to a purchaser for use  as  a  qualifying  rolling  stock  as
28    provided  in  Section  2-5  of this Act, then that seller may
29    report  the  transfer  of  all  aircraft,  watercraft,  motor
30    vehicles or trailers involved  in  that  transaction  to  the
31    Department  on the same uniform invoice-transaction reporting
32    return form.  For  purposes  of  this  Section,  "watercraft"
33    means a Class 2, Class 3, or Class 4 watercraft as defined in
34    Section  3-2  of  the  Boat  Registration  and  Safety Act, a
 
                            -49-     LRB093 08429 SJM 08651 b
 1    personal watercraft, or any boat  equipped  with  an  inboard
 2    motor.
 3        Any  retailer  who sells only motor vehicles, watercraft,
 4    aircraft, or trailers that are required to be registered with
 5    an agency of this State, so that  all  retailers'  occupation
 6    tax liability is required to be reported, and is reported, on
 7    such  transaction  reporting returns and who is not otherwise
 8    required to file monthly or quarterly returns, need not  file
 9    monthly or quarterly returns.  However, those retailers shall
10    be required to file returns on an annual basis.
11        The  transaction  reporting  return, in the case of motor
12    vehicles or trailers that are required to be registered  with
13    an  agency  of  this State, shall be the same document as the
14    Uniform Invoice referred to in Section 5-402 of The  Illinois
15    Vehicle  Code  and  must  show  the  name  and address of the
16    seller; the name and address of the purchaser; the amount  of
17    the  selling  price  including  the  amount  allowed  by  the
18    retailer  for  traded-in property, if any; the amount allowed
19    by the retailer for the traded-in tangible personal property,
20    if any, to the extent to which Section 1 of this  Act  allows
21    an exemption for the value of traded-in property; the balance
22    payable  after  deducting  such  trade-in  allowance from the
23    total selling price; the amount of tax due from the  retailer
24    with respect to such transaction; the amount of tax collected
25    from  the  purchaser  by the retailer on such transaction (or
26    satisfactory evidence that  such  tax  is  not  due  in  that
27    particular  instance, if that is claimed to be the fact); the
28    place and date of the sale; a  sufficient  identification  of
29    the  property  sold; such other information as is required in
30    Section 5-402 of The Illinois Vehicle Code,  and  such  other
31    information as the Department may reasonably require.
32        The   transaction   reporting   return  in  the  case  of
33    watercraft or aircraft must show the name and address of  the
34    seller;  the name and address of the purchaser; the amount of
 
                            -50-     LRB093 08429 SJM 08651 b
 1    the  selling  price  including  the  amount  allowed  by  the
 2    retailer for traded-in property, if any; the  amount  allowed
 3    by the retailer for the traded-in tangible personal property,
 4    if  any,  to the extent to which Section 1 of this Act allows
 5    an exemption for the value of traded-in property; the balance
 6    payable after deducting  such  trade-in  allowance  from  the
 7    total  selling price; the amount of tax due from the retailer
 8    with respect to such transaction; the amount of tax collected
 9    from the purchaser by the retailer on  such  transaction  (or
10    satisfactory  evidence  that  such  tax  is  not  due in that
11    particular instance, if that is claimed to be the fact);  the
12    place  and  date  of the sale, a sufficient identification of
13    the  property  sold,  and  such  other  information  as   the
14    Department may reasonably require.
15        Such  transaction  reporting  return  shall  be filed not
16    later than 20 days after the day of delivery of the item that
17    is being sold, but may be filed by the retailer at  any  time
18    sooner  than  that  if  he chooses to do so.  The transaction
19    reporting return and tax remittance  or  proof  of  exemption
20    from   the  Illinois  use  tax  may  be  transmitted  to  the
21    Department by way of the State agency with  which,  or  State
22    officer  with  whom  the  tangible  personal property must be
23    titled or registered (if titling or registration is required)
24    if the Department and such agency or State officer  determine
25    that   this   procedure   will  expedite  the  processing  of
26    applications for title or registration.
27        With each such transaction reporting return, the retailer
28    shall remit the proper amount of tax  due  (or  shall  submit
29    satisfactory evidence that the sale is not taxable if that is
30    the  case),  to  the  Department or its agents, whereupon the
31    Department shall issue, in the purchaser's name,  a  use  tax
32    receipt  (or  a certificate of exemption if the Department is
33    satisfied that the particular sale is tax exempt) which  such
34    purchaser  may  submit  to  the  agency  with which, or State
 
                            -51-     LRB093 08429 SJM 08651 b
 1    officer with whom, he must title  or  register  the  tangible
 2    personal   property   that   is   involved   (if  titling  or
 3    registration is required)  in  support  of  such  purchaser's
 4    application  for an Illinois certificate or other evidence of
 5    title or registration to such tangible personal property.
 6        No retailer's failure or refusal to remit tax under  this
 7    Act  precludes  a  user,  who  has paid the proper tax to the
 8    retailer, from obtaining his certificate of  title  or  other
 9    evidence of title or registration (if titling or registration
10    is  required)  upon  satisfying the Department that such user
11    has paid the proper tax (if tax is due) to the retailer.  The
12    Department shall adopt appropriate rules  to  carry  out  the
13    mandate of this paragraph.
14        If  the  user who would otherwise pay tax to the retailer
15    wants the transaction reporting return filed and the  payment
16    of  the  tax  or  proof  of  exemption made to the Department
17    before the retailer is willing to take these actions and such
18    user has not paid the tax to  the  retailer,  such  user  may
19    certify  to  the  fact  of such delay by the retailer and may
20    (upon the Department being satisfied of  the  truth  of  such
21    certification)  transmit  the  information  required  by  the
22    transaction  reporting  return  and the remittance for tax or
23    proof of exemption directly to the Department and obtain  his
24    tax  receipt  or  exemption determination, in which event the
25    transaction reporting return and tax  remittance  (if  a  tax
26    payment  was required) shall be credited by the Department to
27    the  proper  retailer's  account  with  the  Department,  but
28    without the 2.1% or  1.75%  discount  provided  for  in  this
29    Section  being  allowed.  When the user pays the tax directly
30    to the Department, he shall pay the tax in  the  same  amount
31    and in the same form in which it would be remitted if the tax
32    had been remitted to the Department by the retailer.
33        Refunds  made  by  the seller during the preceding return
34    period  to  purchasers,  on  account  of  tangible   personal
 
                            -52-     LRB093 08429 SJM 08651 b
 1    property  returned  to  the  seller,  shall  be  allowed as a
 2    deduction under subdivision 5 of  his  monthly  or  quarterly
 3    return,   as  the  case  may  be,  in  case  the  seller  had
 4    theretofore included the  receipts  from  the  sale  of  such
 5    tangible  personal  property in a return filed by him and had
 6    paid the tax  imposed  by  this  Act  with  respect  to  such
 7    receipts.
 8        Where  the  seller  is a corporation, the return filed on
 9    behalf of such corporation shall be signed by the  president,
10    vice-president,  secretary  or  treasurer  or by the properly
11    accredited agent of such corporation.
12        Where the seller is  a  limited  liability  company,  the
13    return filed on behalf of the limited liability company shall
14    be  signed by a manager, member, or properly accredited agent
15    of the limited liability company.
16        Except as provided in this Section, the  retailer  filing
17    the  return  under  this Section shall, at the time of filing
18    such return, pay to the Department the amount of tax  imposed
19    by  this Act less a discount of 2.1% prior to January 1, 1990
20    and 1.75% on and after January 1, 1990, or  $5  per  calendar
21    year, whichever is greater, which is allowed to reimburse the
22    retailer  for  the  expenses  incurred  in  keeping  records,
23    preparing and filing returns, remitting the tax and supplying
24    data  to  the  Department  on  request.   Any prepayment made
25    pursuant to Section 2d of this Act shall be included  in  the
26    amount  on which such 2.1% or 1.75% discount is computed.  In
27    the case of retailers  who  report  and  pay  the  tax  on  a
28    transaction   by  transaction  basis,  as  provided  in  this
29    Section, such discount shall be  taken  with  each  such  tax
30    remittance  instead  of when such retailer files his periodic
31    return.
32        Before October 1, 2000, if the taxpayer's average monthly
33    tax liability to the Department under this Act, the  Use  Tax
34    Act,  the Service Occupation Tax Act, and the Service Use Tax
 
                            -53-     LRB093 08429 SJM 08651 b
 1    Act, excluding any liability for  prepaid  sales  tax  to  be
 2    remitted  in  accordance  with  Section  2d  of this Act, was
 3    $10,000 or more during  the  preceding  4  complete  calendar
 4    quarters,  he  shall  file  a return with the Department each
 5    month by the 20th day of the month next following  the  month
 6    during  which  such  tax liability is incurred and shall make
 7    payments to the Department on or before the 7th,  15th,  22nd
 8    and  last  day  of  the  month during which such liability is
 9    incurred. On and after October 1,  2000,  if  the  taxpayer's
10    average  monthly  tax  liability to the Department under this
11    Act, the Use Tax Act, the Service Occupation Tax Act, and the
12    Service Use Tax Act,  excluding  any  liability  for  prepaid
13    sales  tax  to  be  remitted in accordance with Section 2d of
14    this Act, was $20,000 or more during the preceding 4 complete
15    calendar quarters, he shall file a return with the Department
16    each month by the 20th day of the month  next  following  the
17    month  during  which such tax liability is incurred and shall
18    make payment to the Department on or before  the  7th,  15th,
19    22nd and last day of the month during which such liability is
20    incurred.    If  the month during which such tax liability is
21    incurred began prior to January 1, 1985, each  payment  shall
22    be  in  an  amount  equal  to  1/4  of  the taxpayer's actual
23    liability for the month or an amount set  by  the  Department
24    not  to  exceed  1/4  of the average monthly liability of the
25    taxpayer to the  Department  for  the  preceding  4  complete
26    calendar  quarters  (excluding the month of highest liability
27    and the month of lowest liability in such 4 quarter  period).
28    If  the  month  during  which  such tax liability is incurred
29    begins on or after January 1, 1985 and prior  to  January  1,
30    1987,  each  payment  shall be in an amount equal to 22.5% of
31    the taxpayer's actual liability for the month or 27.5% of the
32    taxpayer's liability for  the  same  calendar  month  of  the
33    preceding year.  If the month during which such tax liability
34    is  incurred  begins on or after January 1, 1987 and prior to
 
                            -54-     LRB093 08429 SJM 08651 b
 1    January 1, 1988, each payment shall be in an amount equal  to
 2    22.5%  of  the  taxpayer's  actual liability for the month or
 3    26.25% of the taxpayer's  liability  for  the  same  calendar
 4    month  of the preceding year.  If the month during which such
 5    tax liability is incurred begins on or after January 1, 1988,
 6    and prior to January 1, 1989, or begins on or  after  January
 7    1, 1996, each payment shall be in an amount equal to 22.5% of
 8    the  taxpayer's  actual liability for the month or 25% of the
 9    taxpayer's liability for  the  same  calendar  month  of  the
10    preceding  year. If the month during which such tax liability
11    is incurred begins on or after January 1, 1989, and prior  to
12    January  1, 1996, each payment shall be in an amount equal to
13    22.5% of the taxpayer's actual liability for the month or 25%
14    of the taxpayer's liability for the same  calendar  month  of
15    the preceding year or 100% of the taxpayer's actual liability
16    for the quarter monthly reporting period.  The amount of such
17    quarter  monthly payments shall be credited against the final
18    tax liability  of  the  taxpayer's  return  for  that  month.
19    Before  October  1, 2000, once applicable, the requirement of
20    the making of quarter monthly payments to the  Department  by
21    taxpayers  having an average monthly tax liability of $10,000
22    or more as determined in  the  manner  provided  above  shall
23    continue  until  such taxpayer's average monthly liability to
24    the Department  during  the  preceding  4  complete  calendar
25    quarters  (excluding  the  month of highest liability and the
26    month of lowest liability) is less than $9,000, or until such
27    taxpayer's average monthly liability  to  the  Department  as
28    computed  for  each  calendar  quarter  of  the  4  preceding
29    complete  calendar  quarter  period  is  less  than  $10,000.
30    However,  if  a  taxpayer  can  show  the  Department  that a
31    substantial change in the taxpayer's  business  has  occurred
32    which  causes  the  taxpayer  to  anticipate that his average
33    monthly tax liability for the reasonably  foreseeable  future
34    will fall below the $10,000 threshold stated above, then such
 
                            -55-     LRB093 08429 SJM 08651 b
 1    taxpayer  may  petition  the  Department for a change in such
 2    taxpayer's reporting status.  On and after October  1,  2000,
 3    once  applicable,  the  requirement  of the making of quarter
 4    monthly payments to the Department  by  taxpayers  having  an
 5    average   monthly   tax  liability  of  $20,000  or  more  as
 6    determined in the manner provided above shall continue  until
 7    such  taxpayer's  average monthly liability to the Department
 8    during the preceding 4 complete calendar quarters  (excluding
 9    the  month  of  highest  liability  and  the  month of lowest
10    liability) is less than  $19,000  or  until  such  taxpayer's
11    average  monthly  liability to the Department as computed for
12    each calendar quarter of the 4  preceding  complete  calendar
13    quarter  period is less than $20,000.  However, if a taxpayer
14    can show the Department that  a  substantial  change  in  the
15    taxpayer's business has occurred which causes the taxpayer to
16    anticipate  that  his  average  monthly tax liability for the
17    reasonably foreseeable future will  fall  below  the  $20,000
18    threshold  stated  above, then such taxpayer may petition the
19    Department for a change in such taxpayer's reporting  status.
20    The  Department shall change such taxpayer's reporting status
21    unless it finds that such change is seasonal  in  nature  and
22    not  likely  to  be  long  term.  If any such quarter monthly
23    payment is not paid at the time or in the amount required  by
24    this Section, then the taxpayer shall be liable for penalties
25    and interest on the difference between the minimum amount due
26    as  a  payment and the amount of such quarter monthly payment
27    actually and timely paid, except insofar as the taxpayer  has
28    previously  made payments for that month to the Department in
29    excess of the minimum payments previously due as provided  in
30    this  Section. The Department shall make reasonable rules and
31    regulations to govern the quarter monthly payment amount  and
32    quarter monthly payment dates for taxpayers who file on other
33    than a calendar monthly basis.
34        The  provisions of this paragraph apply before October 1,
 
                            -56-     LRB093 08429 SJM 08651 b
 1    2001. Without regard to whether a  taxpayer  is  required  to
 2    make   quarter  monthly  payments  as  specified  above,  any
 3    taxpayer who is required by Section 2d of this Act to collect
 4    and remit prepaid taxes and has collected prepaid taxes which
 5    average in excess of $25,000 per month during the preceding 2
 6    complete calendar quarters, shall  file  a  return  with  the
 7    Department  as required by Section 2f and shall make payments
 8    to the Department on or before the 7th, 15th, 22nd  and  last
 9    day of the month during which such liability is incurred.  If
10    the  month  during which such tax liability is incurred began
11    prior to the effective date of this amendatory Act  of  1985,
12    each payment shall be in an amount not less than 22.5% of the
13    taxpayer's  actual  liability under Section 2d.  If the month
14    during which such tax liability  is  incurred  begins  on  or
15    after  January  1,  1986,  each payment shall be in an amount
16    equal to 22.5% of the taxpayer's  actual  liability  for  the
17    month  or  27.5%  of  the  taxpayer's  liability for the same
18    calendar month of the preceding calendar year.  If the  month
19    during  which  such  tax  liability  is incurred begins on or
20    after January 1, 1987, each payment shall  be  in  an  amount
21    equal  to  22.5%  of  the taxpayer's actual liability for the
22    month or 26.25% of the  taxpayer's  liability  for  the  same
23    calendar  month  of  the  preceding year.  The amount of such
24    quarter monthly payments shall be credited against the  final
25    tax  liability  of the taxpayer's return for that month filed
26    under this Section or Section 2f, as the case may  be.   Once
27    applicable,  the requirement of the making of quarter monthly
28    payments to the Department pursuant to this  paragraph  shall
29    continue  until  such  taxpayer's average monthly prepaid tax
30    collections during the preceding 2 complete calendar quarters
31    is $25,000 or less.  If any such quarter monthly  payment  is
32    not  paid at the time or in the amount required, the taxpayer
33    shall  be  liable  for  penalties  and   interest   on   such
34    difference,  except  insofar  as  the taxpayer has previously
 
                            -57-     LRB093 08429 SJM 08651 b
 1    made payments  for  that  month  in  excess  of  the  minimum
 2    payments previously due.
 3        The  provisions  of  this  paragraph  apply  on and after
 4    October 1, 2001.  Without regard to  whether  a  taxpayer  is
 5    required to make quarter monthly payments as specified above,
 6    any  taxpayer  who  is  required by Section 2d of this Act to
 7    collect and remit prepaid taxes  and  has  collected  prepaid
 8    taxes  that average in excess of $20,000 per month during the
 9    preceding 4 complete calendar quarters shall  file  a  return
10    with  the Department as required by Section 2f and shall make
11    payments to the Department on or before the 7th,  15th,  22nd
12    and  last  day  of  the  month  during which the liability is
13    incurred.  Each payment shall be in an amount equal to  22.5%
14    of  the  taxpayer's  actual liability for the month or 25% of
15    the taxpayer's liability for the same calendar month  of  the
16    preceding  year.   The amount of the quarter monthly payments
17    shall be credited against the  final  tax  liability  of  the
18    taxpayer's  return for that month filed under this Section or
19    Section 2f,  as  the  case  may  be.   Once  applicable,  the
20    requirement  of the making of quarter monthly payments to the
21    Department pursuant to this paragraph  shall  continue  until
22    the taxpayer's average monthly prepaid tax collections during
23    the  preceding  4  complete  calendar quarters (excluding the
24    month of highest liability and the month of lowest liability)
25    is less than $19,000 or until such taxpayer's average monthly
26    liability to the Department as  computed  for  each  calendar
27    quarter of the 4 preceding complete calendar quarters is less
28    than  $20,000.   If  any  such quarter monthly payment is not
29    paid at the time or in  the  amount  required,  the  taxpayer
30    shall   be   liable   for  penalties  and  interest  on  such
31    difference, except insofar as  the  taxpayer  has  previously
32    made  payments  for  that  month  in  excess  of  the minimum
33    payments previously due.
34        If any payment provided for in this Section  exceeds  the
 
                            -58-     LRB093 08429 SJM 08651 b
 1    taxpayer's  liabilities  under this Act, the Use Tax Act, the
 2    Service Occupation Tax Act and the Service Use  Tax  Act,  as
 3    shown on an original monthly return, the Department shall, if
 4    requested  by  the  taxpayer,  issue to the taxpayer a credit
 5    memorandum no later than 30 days after the date  of  payment.
 6    The  credit  evidenced  by  such  credit  memorandum  may  be
 7    assigned  by  the  taxpayer  to a similar taxpayer under this
 8    Act, the Use Tax Act, the Service Occupation Tax Act  or  the
 9    Service  Use Tax Act, in accordance with reasonable rules and
10    regulations to be prescribed by the Department.  If  no  such
11    request  is made, the taxpayer may credit such excess payment
12    against tax liability subsequently  to  be  remitted  to  the
13    Department  under  this  Act,  the  Use  Tax Act, the Service
14    Occupation Tax Act or the Service Use Tax Act, in  accordance
15    with  reasonable  rules  and  regulations  prescribed  by the
16    Department.  If the Department subsequently  determined  that
17    all  or  any part of the credit taken was not actually due to
18    the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
19    shall be reduced by 2.1% or 1.75% of the  difference  between
20    the  credit  taken  and  that actually due, and that taxpayer
21    shall  be  liable  for  penalties  and   interest   on   such
22    difference.
23        If a retailer of motor fuel is entitled to a credit under
24    Section 2d of this Act which exceeds the taxpayer's liability
25    to  the  Department  under  this  Act for the month which the
26    taxpayer is filing a return, the Department shall  issue  the
27    taxpayer a credit memorandum for the excess.
28        Beginning  January  1,  1990,  each  month the Department
29    shall pay into the Local Government Tax Fund, a special  fund
30    in  the  State  treasury  which  is  hereby  created, the net
31    revenue realized for the preceding month from the 1%  tax  on
32    sales  of  food for human consumption which is to be consumed
33    off the premises where  it  is  sold  (other  than  alcoholic
34    beverages,  soft  drinks and food which has been prepared for
 
                            -59-     LRB093 08429 SJM 08651 b
 1    immediate consumption) and prescription  and  nonprescription
 2    medicines,  drugs,  medical  appliances  and  insulin,  urine
 3    testing materials, syringes and needles used by diabetics.
 4        Beginning  January  1,  1990,  each  month the Department
 5    shall pay into the County and Mass Transit District  Fund,  a
 6    special  fund  in the State treasury which is hereby created,
 7    4% of the net revenue realized for the preceding  month  from
 8    the 6.25% general rate.
 9        Beginning August 1, 2000, each month the Department shall
10    pay into the County and Mass Transit District Fund 20% of the
11    net  revenue  realized for the preceding month from the 1.25%
12    rate on the selling price of motor fuel and gasohol.
13        Beginning January 1,  1990,  each  month  the  Department
14    shall  pay  into the Local Government Tax Fund 16% of the net
15    revenue realized for  the  preceding  month  from  the  6.25%
16    general  rate  on  the  selling  price  of  tangible personal
17    property.
18        Beginning August 1, 2000, each month the Department shall
19    pay into the Local Government Tax Fund 80% of the net revenue
20    realized for the preceding month from the 1.25% rate  on  the
21    selling price of motor fuel and gasohol.
22        Of the remainder of the moneys received by the Department
23    pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
24    the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
25    and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
26    into the Build Illinois Fund; provided, however, that  if  in
27    any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
28    as  the case may be, of the moneys received by the Department
29    and required to be paid into the Build Illinois Fund pursuant
30    to this Act, Section 9 of the Use Tax Act, Section 9  of  the
31    Service  Use Tax Act, and Section 9 of the Service Occupation
32    Tax Act, such Acts being hereinafter called  the  "Tax  Acts"
33    and  such  aggregate  of 2.2% or 3.8%, as the case may be, of
34    moneys being hereinafter called the "Tax Act Amount", and (2)
 
                            -60-     LRB093 08429 SJM 08651 b
 1    the amount transferred to the Build Illinois  Fund  from  the
 2    State  and Local Sales Tax Reform Fund shall be less than the
 3    Annual Specified Amount (as hereinafter defined),  an  amount
 4    equal  to  the  difference shall be immediately paid into the
 5    Build  Illinois  Fund  from  other  moneys  received  by  the
 6    Department pursuant to the Tax Acts;  the  "Annual  Specified
 7    Amount"  means  the  amounts specified below for fiscal years
 8    1986 through 1993:
 9             Fiscal Year              Annual Specified Amount
10                 1986                       $54,800,000
11                 1987                       $76,650,000
12                 1988                       $80,480,000
13                 1989                       $88,510,000
14                 1990                       $115,330,000
15                 1991                       $145,470,000
16                 1992                       $182,730,000
17                 1993                      $206,520,000;
18    and means the Certified Annual Debt Service  Requirement  (as
19    defined  in Section 13 of the Build Illinois Bond Act) or the
20    Tax Act Amount, whichever is greater, for  fiscal  year  1994
21    and  each  fiscal year thereafter; and further provided, that
22    if on the last business day of any month the sum of  (1)  the
23    Tax  Act  Amount  required  to  be  deposited  into the Build
24    Illinois Bond Account in the Build Illinois Fund during  such
25    month  and  (2)  the amount transferred to the Build Illinois
26    Fund from the State and Local Sales  Tax  Reform  Fund  shall
27    have  been  less than 1/12 of the Annual Specified Amount, an
28    amount equal to the difference shall be immediately paid into
29    the Build Illinois Fund from other  moneys  received  by  the
30    Department  pursuant  to the Tax Acts; and, further provided,
31    that in no  event  shall  the  payments  required  under  the
32    preceding proviso result in aggregate payments into the Build
33    Illinois Fund pursuant to this clause (b) for any fiscal year
34    in  excess  of  the greater of (i) the Tax Act Amount or (ii)
 
                            -61-     LRB093 08429 SJM 08651 b
 1    the Annual  Specified  Amount  for  such  fiscal  year.   The
 2    amounts payable into the Build Illinois Fund under clause (b)
 3    of the first sentence in this paragraph shall be payable only
 4    until such time as the aggregate amount on deposit under each
 5    trust   indenture   securing  Bonds  issued  and  outstanding
 6    pursuant to the Build Illinois Bond Act is sufficient, taking
 7    into account any future investment income, to fully  provide,
 8    in  accordance  with such indenture, for the defeasance of or
 9    the payment  of  the  principal  of,  premium,  if  any,  and
10    interest  on  the  Bonds secured by such indenture and on any
11    Bonds expected to be issued thereafter and all fees and costs
12    payable  with  respect  thereto,  all  as  certified  by  the
13    Director of the  Bureau  of  the  Budget.   If  on  the  last
14    business  day  of  any  month  in which Bonds are outstanding
15    pursuant to the Build Illinois Bond  Act,  the  aggregate  of
16    moneys  deposited  in  the Build Illinois Bond Account in the
17    Build Illinois Fund in such month  shall  be  less  than  the
18    amount  required  to  be  transferred  in such month from the
19    Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
20    Retirement  and  Interest  Fund pursuant to Section 13 of the
21    Build Illinois Bond Act, an amount equal to  such  deficiency
22    shall  be  immediately paid from other moneys received by the
23    Department pursuant to the Tax Acts  to  the  Build  Illinois
24    Fund;  provided,  however, that any amounts paid to the Build
25    Illinois Fund in any fiscal year pursuant  to  this  sentence
26    shall be deemed to constitute payments pursuant to clause (b)
27    of  the first sentence of this paragraph and shall reduce the
28    amount otherwise payable for such  fiscal  year  pursuant  to
29    that  clause  (b).   The  moneys  received  by the Department
30    pursuant to this Act and required to be  deposited  into  the
31    Build  Illinois  Fund  are  subject  to the pledge, claim and
32    charge set forth in Section 12 of  the  Build  Illinois  Bond
33    Act.
34        Subject  to  payment  of  amounts into the Build Illinois
 
                            -62-     LRB093 08429 SJM 08651 b
 1    Fund as  provided  in  the  preceding  paragraph  or  in  any
 2    amendment  thereto hereafter enacted, the following specified
 3    monthly  installment  of  the   amount   requested   in   the
 4    certificate  of  the  Chairman  of  the Metropolitan Pier and
 5    Exposition Authority provided  under  Section  8.25f  of  the
 6    State  Finance  Act,  but not in excess of sums designated as
 7    "Total Deposit", shall be deposited  in  the  aggregate  from
 8    collections  under Section 9 of the Use Tax Act, Section 9 of
 9    the Service Use Tax Act, Section 9 of the Service  Occupation
10    Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
11    into the  McCormick  Place  Expansion  Project  Fund  in  the
12    specified fiscal years.
13               Fiscal Year                           Total Deposit
14                   1993                                        $0
15                   1994                                53,000,000
16                   1995                                58,000,000
17                   1996                                61,000,000
18                   1997                                64,000,000
19                   1998                                68,000,000
20                   1999                                71,000,000
21                   2000                                75,000,000
22                   2001                                80,000,000
23                   2002                                93,000,000
24                   2003                                99,000,000
25                   2004                               103,000,000
26                   2005                               108,000,000
27                   2006                               113,000,000
28                   2007                               119,000,000
29                   2008                               126,000,000
30                   2009                               132,000,000
31                   2010                               139,000,000
32                   2011                               146,000,000
33                   2012                               153,000,000
34                   2013                               161,000,000
 
                            -63-     LRB093 08429 SJM 08651 b
 1                   2014                               170,000,000
 2                   2015                               179,000,000
 3                   2016                               189,000,000
 4                   2017                               199,000,000
 5                   2018                               210,000,000
 6                   2019                               221,000,000
 7                   2020                               233,000,000
 8                   2021                               246,000,000
 9                   2022                               260,000,000
10                 2023 and                             275,000,000
11    each fiscal year
12    thereafter that bonds
13    are outstanding under
14    Section 13.2 of the
15    Metropolitan Pier and
16    Exposition Authority
17    Act, but not after fiscal year 2042.
18        Beginning  July 20, 1993 and in each month of each fiscal
19    year thereafter, one-eighth of the amount  requested  in  the
20    certificate  of  the  Chairman  of  the Metropolitan Pier and
21    Exposition Authority for that fiscal year,  less  the  amount
22    deposited  into the McCormick Place Expansion Project Fund by
23    the State Treasurer in the respective month under  subsection
24    (g)  of  Section  13  of the Metropolitan Pier and Exposition
25    Authority Act, plus cumulative deficiencies in  the  deposits
26    required  under  this  Section for previous months and years,
27    shall be deposited into the McCormick Place Expansion Project
28    Fund, until the full amount requested for  the  fiscal  year,
29    but  not  in  excess  of the amount specified above as "Total
30    Deposit", has been deposited.
31        Subject to payment of amounts  into  the  Build  Illinois
32    Fund and the McCormick Place Expansion Project Fund under the
33    preceding  paragraphs,  each  month  the Department shall pay
34    into the Local Government Distributive Fund 0.4% of  the  net
 
                            -64-     LRB093 08429 SJM 08651 b
 1    revenue  realized for the preceding month from the 5% general
 2    rate or 0.4% of 80% of  the  net  revenue  realized  for  the
 3    preceding  month from the 6.25% general rate, as the case may
 4    be, on the selling price of tangible personal property.  That
 5    amount shall, subject to  appropriation,  be  distributed  as
 6    provided  in  Section 2 of the State Revenue Sharing Act.  No
 7    payments or distributions under this paragraph shall be  made
 8    if the tax imposed by this Act on photoprocessing products is
 9    declared  unconstitutional  or  if the proceeds from that tax
10    are unavailable for distribution because of litigation.
11        Subject to payment of amounts  into  the  Build  Illinois
12    Fund, and the McCormick Place Expansion Project Fund, and the
13    Local  Government Distributive Fund pursuant to the preceding
14    paragraphs or in any amendments  thereto  hereafter  enacted,
15    beginning  July  1, 1993, the Department shall each month pay
16    into the Illinois Tax Increment Fund 0.27% of 80% of the  net
17    revenue  realized  for  the  preceding  month  from the 6.25%
18    general rate  on  the  selling  price  of  tangible  personal
19    property.
20        Subject  to  payment  of  amounts into the Build Illinois
21    Fund, and the McCormick Place Expansion Project Fund, and the
22    Local Government Distributive Fund pursuant to the  preceding
23    paragraphs  or  in  any amendments thereto hereafter enacted,
24    beginning with the receipt of the first report of taxes  paid
25    by  an eligible business and continuing for a 25-year period,
26    the  Department  shall  each  month  pay  into   the   Energy
27    Infrastructure  Fund 80% of the net revenue realized from the
28    6.25% general rate on the  selling  price  of  Illinois-mined
29    coal  that was sold to an eligible business.  For purposes of
30    this paragraph, the term  "eligible  business"  means  a  new
31    electric  generating  facility  certified pursuant to Section
32    605-332 of the Department of Commerce and  Community  Affairs
33    Law of the Civil Administrative Code of Illinois.
34        Of the remainder of the moneys received by the Department
 
                            -65-     LRB093 08429 SJM 08651 b
 1    pursuant  to  this  Act,  75%  thereof shall be paid into the
 2    State Treasury and 25% shall be reserved in a special account
 3    and used only for the transfer to the Common School  Fund  as
 4    part of the monthly transfer from the General Revenue Fund in
 5    accordance with Section 8a of the State Finance Act.
 6        The  Department  may,  upon  separate written notice to a
 7    taxpayer, require the taxpayer to prepare and file  with  the
 8    Department  on a form prescribed by the Department within not
 9    less than 60 days after  receipt  of  the  notice  an  annual
10    information  return for the tax year specified in the notice.
11    Such  annual  return  to  the  Department  shall  include   a
12    statement  of  gross receipts as shown by the retailer's last
13    Federal income tax return.  If  the  total  receipts  of  the
14    business  as reported in the Federal income tax return do not
15    agree with the gross receipts reported to the  Department  of
16    Revenue for the same period, the retailer shall attach to his
17    annual  return  a  schedule showing a reconciliation of the 2
18    amounts and the reasons for the difference.   The  retailer's
19    annual  return to the Department shall also disclose the cost
20    of goods sold by the retailer during the year covered by such
21    return, opening and closing inventories  of  such  goods  for
22    such year, costs of goods used from stock or taken from stock
23    and  given  away  by  the  retailer during such year, payroll
24    information of the retailer's business during such  year  and
25    any  additional  reasonable  information which the Department
26    deems would be helpful in determining  the  accuracy  of  the
27    monthly,  quarterly  or annual returns filed by such retailer
28    as provided for in this Section.
29        If the annual information return required by this Section
30    is not filed when and as  required,  the  taxpayer  shall  be
31    liable as follows:
32             (i)  Until  January  1,  1994, the taxpayer shall be
33        liable for a penalty equal to 1/6 of 1% of  the  tax  due
34        from such taxpayer under this Act during the period to be
 
                            -66-     LRB093 08429 SJM 08651 b
 1        covered  by  the annual return for each month or fraction
 2        of a month until such return is filed  as  required,  the
 3        penalty  to  be assessed and collected in the same manner
 4        as any other penalty provided for in this Act.
 5             (ii)  On and after January  1,  1994,  the  taxpayer
 6        shall be liable for a penalty as described in Section 3-4
 7        of the Uniform Penalty and Interest Act.
 8        The chief executive officer, proprietor, owner or highest
 9    ranking  manager  shall sign the annual return to certify the
10    accuracy of the information contained therein.    Any  person
11    who  willfully  signs  the  annual return containing false or
12    inaccurate  information  shall  be  guilty  of  perjury   and
13    punished  accordingly.   The annual return form prescribed by
14    the Department  shall  include  a  warning  that  the  person
15    signing the return may be liable for perjury.
16        The  provisions  of this Section concerning the filing of
17    an annual information return do not apply to a  retailer  who
18    is  not required to file an income tax return with the United
19    States Government.
20        As soon as possible after the first day  of  each  month,
21    upon   certification   of  the  Department  of  Revenue,  the
22    Comptroller shall order transferred and the  Treasurer  shall
23    transfer  from the General Revenue Fund to the Motor Fuel Tax
24    Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
25    realized  under  this  Act  for  the  second preceding month.
26    Beginning April 1, 2000, this transfer is no longer  required
27    and shall not be made.
28        Net  revenue  realized  for  a month shall be the revenue
29    collected by the State pursuant to this Act, less the  amount
30    paid  out  during  that  month  as  refunds  to taxpayers for
31    overpayment of liability.
32        For greater simplicity of administration,  manufacturers,
33    importers  and  wholesalers whose products are sold at retail
34    in Illinois by numerous retailers, and who wish to do so, may
 
                            -67-     LRB093 08429 SJM 08651 b
 1    assume the responsibility for accounting and  paying  to  the
 2    Department  all  tax  accruing under this Act with respect to
 3    such sales, if the retailers who are  affected  do  not  make
 4    written objection to the Department to this arrangement.
 5        Any  person  who  promotes,  organizes,  provides  retail
 6    selling  space  for concessionaires or other types of sellers
 7    at the Illinois State Fair, DuQuoin State Fair, county fairs,
 8    local fairs, art shows, flea markets and similar  exhibitions
 9    or  events,  including  any  transient merchant as defined by
10    Section 2 of the Transient Merchant Act of 1987, is  required
11    to  file  a  report with the Department providing the name of
12    the merchant's business, the name of the  person  or  persons
13    engaged  in  merchant's  business,  the permanent address and
14    Illinois Retailers Occupation Tax Registration Number of  the
15    merchant,  the  dates  and  location  of  the event and other
16    reasonable information that the Department may require.   The
17    report must be filed not later than the 20th day of the month
18    next  following  the month during which the event with retail
19    sales was held.  Any  person  who  fails  to  file  a  report
20    required  by  this  Section commits a business offense and is
21    subject to a fine not to exceed $250.
22        Any person engaged in the business  of  selling  tangible
23    personal property at retail as a concessionaire or other type
24    of  seller  at  the  Illinois  State  Fair, county fairs, art
25    shows, flea markets and similar exhibitions or events, or any
26    transient merchants, as defined by Section 2 of the Transient
27    Merchant Act of 1987, may be required to make a daily  report
28    of  the  amount of such sales to the Department and to make a
29    daily payment of the full amount of tax due.  The  Department
30    shall  impose  this requirement when it finds that there is a
31    significant risk of loss of revenue to the State at  such  an
32    exhibition  or  event.   Such  a  finding  shall  be based on
33    evidence that a  substantial  number  of  concessionaires  or
34    other  sellers  who  are  not  residents  of Illinois will be
 
                            -68-     LRB093 08429 SJM 08651 b
 1    engaging  in  the  business  of  selling  tangible   personal
 2    property  at  retail  at  the  exhibition  or event, or other
 3    evidence of a significant risk of  loss  of  revenue  to  the
 4    State.  The Department shall notify concessionaires and other
 5    sellers  affected  by the imposition of this requirement.  In
 6    the  absence  of  notification   by   the   Department,   the
 7    concessionaires and other sellers shall file their returns as
 8    otherwise required in this Section.
 9    (Source: P.A.   91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;
10    91-101, eff. 7-12-99;  91-541,  eff.  8-13-99;  91-872,  eff.
11    7-1-00;  91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff.
12    6-28-01; 92-208, eff. 8-2-01; 92-484, eff.  8-23-01;  92-492,
13    eff. 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02.)

14        Section  99.   Effective  date.  This Act takes effect on
15    July 1, 2003.