093_SB0607eng SB607 Engrossed 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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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, SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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 SB607 Engrossed -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, 11 subject to appropriation, pay into the Local Government 12 Distributive Fund 0.4% of the net revenue realized for the 13 preceding month from the 5% general rate, or 0.4% of 80% of 14 the net revenue realized for the preceding month from the 15 6.25% general rate, as the case may be, on the selling price 16 of tangible personal property. That amount shall, subject to 17 appropriation, be distributed as provided in Section 2 of the 18 State Revenue Sharing Act. No payments or distributions under 19 this paragraph shall be made if the tax imposed by this Act 20 on photoprocessing products is declared unconstitutional or 21 if the proceeds from that tax are unavailable for 22 distribution because of litigation. 23 Subject to payment of amounts into the Build Illinois 24 Fund,andthe McCormick Place Expansion Project Fund, and the 25 Local Government Distributive Fund pursuant to the preceding 26 paragraphs or in any amendments thereto hereafter enacted, 27 beginning July 1, 1993, the Department shall each month pay 28 into the Illinois Tax Increment Fund 0.27% of 80% of the net 29 revenue realized for the preceding month from the 6.25% 30 general rate on the selling price of tangible personal 31 property. 32 Subject to payment of amounts into the Build Illinois 33 Fund,andthe McCormick Place Expansion Project Fund, and the 34 Local Government Distributive Fund pursuant to the preceding SB607 Engrossed -19- LRB093 08429 SJM 08651 b 1 paragraphs or in any amendments thereto hereafter enacted, 2 beginning with the receipt of the first report of taxes paid 3 by an eligible business and continuing for a 25-year period, 4 the Department shall each month pay into the Energy 5 Infrastructure Fund 80% of the net revenue realized from the 6 6.25% general rate on the selling price of Illinois-mined 7 coal that was sold to an eligible business. For purposes of 8 this paragraph, the term "eligible business" means a new 9 electric generating facility certified pursuant to Section 10 605-332 of the Department of Commerce and Community Affairs 11 Law of the Civil Administrative Code of Illinois. 12 Of the remainder of the moneys received by the Department 13 pursuant to this Act, 75% thereof shall be paid into the 14 State Treasury and 25% shall be reserved in a special account 15 and used only for the transfer to the Common School Fund as 16 part of the monthly transfer from the General Revenue Fund in 17 accordance with Section 8a of the State Finance Act. 18 As soon as possible after the first day of each month, 19 upon certification of the Department of Revenue, the 20 Comptroller shall order transferred and the Treasurer shall 21 transfer from the General Revenue Fund to the Motor Fuel Tax 22 Fund an amount equal to 1.7% of 80% of the net revenue 23 realized under this Act for the second preceding month. 24 Beginning April 1, 2000, this transfer is no longer required 25 and shall not be made. 26 Net revenue realized for a month shall be the revenue 27 collected by the State pursuant to this Act, less the amount 28 paid out during that month as refunds to taxpayers for 29 overpayment of liability. 30 For greater simplicity of administration, manufacturers, 31 importers and wholesalers whose products are sold at retail 32 in Illinois by numerous retailers, and who wish to do so, may 33 assume the responsibility for accounting and paying to the 34 Department all tax accruing under this Act with respect to SB607 Engrossed -20- LRB093 08429 SJM 08651 b 1 such sales, if the retailers who are affected do not make 2 written objection to the Department to this arrangement. 3 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 4 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 5 7-1-00; 91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff. 6 6-28-01; 92-208, eff. 8-2-01; 92-492, eff. 1-1-02; 92-600, 7 eff. 6-28-02; 92-651, eff. 7-11-02.) 8 Section 10. The Service Use Tax Act is amended by 9 changing Section 9 as follows: 10 (35 ILCS 110/9) (from Ch. 120, par. 439.39) 11 Sec. 9. Each serviceman required or authorized to 12 collect the tax herein imposed shall pay to the Department 13 the amount of such tax (except as otherwise provided) at the 14 time when he is required to file his return for the period 15 during which such tax was collected, less a discount of 2.1% 16 prior to January 1, 1990 and 1.75% on and after January 1, 17 1990, or $5 per calendar year, whichever is greater, which is 18 allowed to reimburse the serviceman for expenses incurred in 19 collecting the tax, keeping records, preparing and filing 20 returns, remitting the tax and supplying data to the 21 Department on request. A serviceman need not remit that part 22 of any tax collected by him to the extent that he is required 23 to pay and does pay the tax imposed by the Service Occupation 24 Tax Act with respect to his sale of service involving the 25 incidental transfer by him of the same property. 26 Except as provided hereinafter in this Section, on or 27 before the twentieth day of each calendar month, such 28 serviceman shall file a return for the preceding calendar 29 month in accordance with reasonable Rules and Regulations to 30 be promulgated by the Department. Such return shall be filed 31 on a form prescribed by the Department and shall contain such 32 information as the Department may reasonably require. SB607 Engrossed -21- LRB093 08429 SJM 08651 b 1 The Department may require returns to be filed on a 2 quarterly basis. If so required, a return for each calendar 3 quarter shall be filed on or before the twentieth day of the 4 calendar month following the end of such calendar quarter. 5 The taxpayer shall also file a return with the Department for 6 each of the first two months of each calendar quarter, on or 7 before the twentieth day of the following calendar month, 8 stating: 9 1. The name of the seller; 10 2. The address of the principal place of business 11 from which he engages in business as a serviceman in this 12 State; 13 3. The total amount of taxable receipts received by 14 him during the preceding calendar month, including 15 receipts from charge and time sales, but less all 16 deductions allowed by law; 17 4. The amount of credit provided in Section 2d of 18 this Act; 19 5. The amount of tax due; 20 5-5. The signature of the taxpayer; and 21 6. Such other reasonable information as the 22 Department may require. 23 If a taxpayer fails to sign a return within 30 days after 24 the proper notice and demand for signature by the Department, 25 the return shall be considered valid and any amount shown to 26 be due on the return shall be deemed assessed. 27 Beginning October 1, 1993, a taxpayer who has an average 28 monthly tax liability of $150,000 or more shall make all 29 payments required by rules of the Department by electronic 30 funds transfer. Beginning October 1, 1994, a taxpayer who 31 has an average monthly tax liability of $100,000 or more 32 shall make all payments required by rules of the Department 33 by electronic funds transfer. Beginning October 1, 1995, a 34 taxpayer who has an average monthly tax liability of $50,000 SB607 Engrossed -22- LRB093 08429 SJM 08651 b 1 or more shall make all payments required by rules of the 2 Department by electronic funds transfer. Beginning October 1, 3 2000, a taxpayer who has an annual tax liability of $200,000 4 or more shall make all payments required by rules of the 5 Department by electronic funds transfer. The term "annual 6 tax liability" shall be the sum of the taxpayer's liabilities 7 under this Act, and under all other State and local 8 occupation and use tax laws administered by the Department, 9 for the immediately preceding calendar year. The term 10 "average monthly tax liability" means the sum of the 11 taxpayer's liabilities under this Act, and under all other 12 State and local occupation and use tax laws administered by 13 the Department, for the immediately preceding calendar year 14 divided by 12. Beginning on October 1, 2002, a taxpayer who 15 has a tax liability in the amount set forth in subsection (b) 16 of Section 2505-210 of the Department of Revenue Law shall 17 make all payments required by rules of the Department by 18 electronic funds transfer. 19 Before August 1 of each year beginning in 1993, the 20 Department shall notify all taxpayers required to make 21 payments by electronic funds transfer. All taxpayers required 22 to make payments by electronic funds transfer shall make 23 those payments for a minimum of one year beginning on October 24 1. 25 Any taxpayer not required to make payments by electronic 26 funds transfer may make payments by electronic funds transfer 27 with the permission of the Department. 28 All taxpayers required to make payment by electronic 29 funds transfer and any taxpayers authorized to voluntarily 30 make payments by electronic funds transfer shall make those 31 payments in the manner authorized by the Department. 32 The Department shall adopt such rules as are necessary to 33 effectuate a program of electronic funds transfer and the 34 requirements of this Section. SB607 Engrossed -23- LRB093 08429 SJM 08651 b 1 If the serviceman is otherwise required to file a monthly 2 return and if the serviceman's average monthly tax liability 3 to the Department does not exceed $200, the Department may 4 authorize his returns to be filed on a quarter annual basis, 5 with the return for January, February and March of a given 6 year being due by April 20 of such year; with the return for 7 April, May and June of a given year being due by July 20 of 8 such year; with the return for July, August and September of 9 a given year being due by October 20 of such year, and with 10 the return for October, November and December of a given year 11 being due by January 20 of the following year. 12 If the serviceman is otherwise required to file a monthly 13 or quarterly return and if the serviceman's average monthly 14 tax liability to the Department does not exceed $50, the 15 Department may authorize his returns to be filed on an annual 16 basis, with the return for a given year being due by January 17 20 of the following year. 18 Such quarter annual and annual returns, as to form and 19 substance, shall be subject to the same requirements as 20 monthly returns. 21 Notwithstanding any other provision in this Act 22 concerning the time within which a serviceman may file his 23 return, in the case of any serviceman who ceases to engage in 24 a kind of business which makes him responsible for filing 25 returns under this Act, such serviceman shall file a final 26 return under this Act with the Department not more than 1 27 month after discontinuing such business. 28 Where a serviceman collects the tax with respect to the 29 selling price of property which he sells and the purchaser 30 thereafter returns such property and the serviceman refunds 31 the selling price thereof to the purchaser, such serviceman 32 shall also refund, to the purchaser, the tax so collected 33 from the purchaser. When filing his return for the period in 34 which he refunds such tax to the purchaser, the serviceman SB607 Engrossed -24- LRB093 08429 SJM 08651 b 1 may deduct the amount of the tax so refunded by him to the 2 purchaser from any other Service Use Tax, Service Occupation 3 Tax, retailers' occupation tax or use tax which such 4 serviceman may be required to pay or remit to the Department, 5 as shown by such return, provided that the amount of the tax 6 to be deducted shall previously have been remitted to the 7 Department by such serviceman. If the serviceman shall not 8 previously have remitted the amount of such tax to the 9 Department, he shall be entitled to no deduction hereunder 10 upon refunding such tax to the purchaser. 11 Any serviceman filing a return hereunder shall also 12 include the total tax upon the selling price of tangible 13 personal property purchased for use by him as an incident to 14 a sale of service, and such serviceman shall remit the amount 15 of such tax to the Department when filing such return. 16 If experience indicates such action to be practicable, 17 the Department may prescribe and furnish a combination or 18 joint return which will enable servicemen, who are required 19 to file returns hereunder and also under the Service 20 Occupation Tax Act, to furnish all the return information 21 required by both Acts on the one form. 22 Where the serviceman has more than one business 23 registered with the Department under separate registration 24 hereunder, such serviceman shall not file each return that is 25 due as a single return covering all such registered 26 businesses, but shall file separate returns for each such 27 registered business. 28 Beginning January 1, 1990, each month the Department 29 shall pay into the State and Local Tax Reform Fund, a special 30 fund in the State Treasury, the net revenue realized for the 31 preceding month from the 1% tax on sales of food for human 32 consumption which is to be consumed off the premises where it 33 is sold (other than alcoholic beverages, soft drinks and food 34 which has been prepared for immediate consumption) and SB607 Engrossed -25- LRB093 08429 SJM 08651 b 1 prescription and nonprescription medicines, drugs, medical 2 appliances and insulin, urine testing materials, syringes and 3 needles used by diabetics. 4 Beginning January 1, 1990, each month the Department 5 shall pay into the State and Local Sales Tax Reform Fund 20% 6 of the net revenue realized for the preceding month from the 7 6.25% general rate on transfers of tangible personal 8 property, other than tangible personal property which is 9 purchased outside Illinois at retail from a retailer and 10 which is titled or registered by an agency of this State's 11 government. 12 Beginning August 1, 2000, each month the Department shall 13 pay into the State and Local Sales Tax Reform Fund 100% of 14 the net revenue realized for the preceding month from the 15 1.25% rate on the selling price of motor fuel and gasohol. 16 Of the remainder of the moneys received by the Department 17 pursuant to this Act, (a) 1.75% thereof shall be paid into 18 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 19 and on and after July 1, 1989, 3.8% thereof shall be paid 20 into the Build Illinois Fund; provided, however, that if in 21 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 22 as the case may be, of the moneys received by the Department 23 and required to be paid into the Build Illinois Fund pursuant 24 to Section 3 of the Retailers' Occupation Tax Act, Section 9 25 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 26 Section 9 of the Service Occupation Tax Act, such Acts being 27 hereinafter called the "Tax Acts" and such aggregate of 2.2% 28 or 3.8%, as the case may be, of moneys being hereinafter 29 called the "Tax Act Amount", and (2) the amount transferred 30 to the Build Illinois Fund from the State and Local Sales Tax 31 Reform Fund shall be less than the Annual Specified Amount 32 (as defined in Section 3 of the Retailers' Occupation Tax 33 Act), an amount equal to the difference shall be immediately 34 paid into the Build Illinois Fund from other moneys received SB607 Engrossed -26- LRB093 08429 SJM 08651 b 1 by the Department pursuant to the Tax Acts; and further 2 provided, that if on the last business day of any month the 3 sum of (1) the Tax Act Amount required to be deposited into 4 the Build Illinois Bond Account in the Build Illinois Fund 5 during such month and (2) the amount transferred during such 6 month to the Build Illinois Fund from the State and Local 7 Sales Tax Reform Fund shall have been less than 1/12 of the 8 Annual Specified Amount, an amount equal to the difference 9 shall be immediately paid into the Build Illinois Fund from 10 other moneys received by the Department pursuant to the Tax 11 Acts; and, further provided, that in no event shall the 12 payments required under the preceding proviso result in 13 aggregate payments into the Build Illinois Fund pursuant to 14 this clause (b) for any fiscal year in excess of the greater 15 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 16 for such fiscal year; and, further provided, that the amounts 17 payable into the Build Illinois Fund under this clause (b) 18 shall be payable only until such time as the aggregate amount 19 on deposit under each trust indenture securing Bonds issued 20 and outstanding pursuant to the Build Illinois Bond Act is 21 sufficient, taking into account any future investment income, 22 to fully provide, in accordance with such indenture, for the 23 defeasance of or the payment of the principal of, premium, if 24 any, and interest on the Bonds secured by such indenture and 25 on any Bonds expected to be issued thereafter and all fees 26 and costs payable with respect thereto, all as certified by 27 the Director of the Bureau of the Budget. If on the last 28 business day of any month in which Bonds are outstanding 29 pursuant to the Build Illinois Bond Act, the aggregate of the 30 moneys deposited in the Build Illinois Bond Account in the 31 Build Illinois Fund in such month shall be less than the 32 amount required to be transferred in such month from the 33 Build Illinois Bond Account to the Build Illinois Bond 34 Retirement and Interest Fund pursuant to Section 13 of the SB607 Engrossed -27- LRB093 08429 SJM 08651 b 1 Build Illinois Bond Act, an amount equal to such deficiency 2 shall be immediately paid from other moneys received by the 3 Department pursuant to the Tax Acts to the Build Illinois 4 Fund; provided, however, that any amounts paid to the Build 5 Illinois Fund in any fiscal year pursuant to this sentence 6 shall be deemed to constitute payments pursuant to clause (b) 7 of the preceding sentence and shall reduce the amount 8 otherwise payable for such fiscal year pursuant to clause (b) 9 of the preceding sentence. The moneys received by the 10 Department pursuant to this Act and required to be deposited 11 into the Build Illinois Fund are subject to the pledge, claim 12 and charge set forth in Section 12 of the Build Illinois Bond 13 Act. 14 Subject to payment of amounts into the Build Illinois 15 Fund as provided in the preceding paragraph or in any 16 amendment thereto hereafter enacted, the following specified 17 monthly installment of the amount requested in the 18 certificate of the Chairman of the Metropolitan Pier and 19 Exposition Authority provided under Section 8.25f of the 20 State Finance Act, but not in excess of the sums designated 21 as "Total Deposit", shall be deposited in the aggregate from 22 collections under Section 9 of the Use Tax Act, Section 9 of 23 the Service Use Tax Act, Section 9 of the Service Occupation 24 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 25 into the McCormick Place Expansion Project Fund in the 26 specified fiscal years. 27 Fiscal Year Total Deposit 28 1993 $0 29 1994 53,000,000 30 1995 58,000,000 31 1996 61,000,000 32 1997 64,000,000 33 1998 68,000,000 34 1999 71,000,000 SB607 Engrossed -28- LRB093 08429 SJM 08651 b 1 2000 75,000,000 2 2001 80,000,000 3 2002 93,000,000 4 2003 99,000,000 5 2004 103,000,000 6 2005 108,000,000 7 2006 113,000,000 8 2007 119,000,000 9 2008 126,000,000 10 2009 132,000,000 11 2010 139,000,000 12 2011 146,000,000 13 2012 153,000,000 14 2013 161,000,000 15 2014 170,000,000 16 2015 179,000,000 17 2016 189,000,000 18 2017 199,000,000 19 2018 210,000,000 20 2019 221,000,000 21 2020 233,000,000 22 2021 246,000,000 23 2022 260,000,000 24 2023 and 275,000,000 25 each fiscal year 26 thereafter that bonds 27 are outstanding under 28 Section 13.2 of the 29 Metropolitan Pier and 30 Exposition Authority Act, 31 but not after fiscal year 2042. 32 Beginning July 20, 1993 and in each month of each fiscal 33 year thereafter, one-eighth of the amount requested in the 34 certificate of the Chairman of the Metropolitan Pier and SB607 Engrossed -29- LRB093 08429 SJM 08651 b 1 Exposition Authority for that fiscal year, less the amount 2 deposited into the McCormick Place Expansion Project Fund by 3 the State Treasurer in the respective month under subsection 4 (g) of Section 13 of the Metropolitan Pier and Exposition 5 Authority Act, plus cumulative deficiencies in the deposits 6 required under this Section for previous months and years, 7 shall be deposited into the McCormick Place Expansion Project 8 Fund, until the full amount requested for the fiscal year, 9 but not in excess of the amount specified above as "Total 10 Deposit", has been deposited. 11 Subject to payment of amounts into the Build Illinois 12 Fund and the McCormick Place Expansion Project Fund under the 13 preceding paragraphs, each month the Department shall, 14 subject to appropriation, pay into the Local Government 15 Distributive Fund 0.4% of the net revenue realized for the 16 preceding month from the 5% general rate, or 0.4% of 80% of 17 the net revenue realized for the preceding month from the 18 6.25% general rate, as the case may be, on the selling price 19 of tangible personal property. That amount shall, subject to 20 appropriation, be distributed as provided in Section 2 of the 21 State Revenue Sharing Act. No payments or distributions under 22 this paragraph shall be made if the tax imposed by this Act 23 on photoprocessing products is declared unconstitutional or 24 if the proceeds from that tax are unavailable for 25 distribution because of litigation. 26 Subject to payment of amounts into the Build Illinois 27 Fund,andthe 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. SB607 Engrossed -30- LRB093 08429 SJM 08651 b 1 Subject to payment of amounts into the Build Illinois 2 Fund,andthe 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 All remaining moneys received by the Department pursuant 16 to this Act shall be paid into the General Revenue Fund of 17 the State Treasury. 18 As soon as possible after the first day of each month, 19 upon certification of the Department of Revenue, the 20 Comptroller shall order transferred and the Treasurer shall 21 transfer from the General Revenue Fund to the Motor Fuel Tax 22 Fund an amount equal to 1.7% of 80% of the net revenue 23 realized under this Act for the second preceding month. 24 Beginning April 1, 2000, this transfer is no longer required 25 and shall not be made. 26 Net revenue realized for a month shall be the revenue 27 collected by the State pursuant to this Act, less the amount 28 paid out during that month as refunds to taxpayers for 29 overpayment of liability. 30 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 31 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 32 7-1-00; 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, eff. 33 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02.) SB607 Engrossed -31- LRB093 08429 SJM 08651 b 1 Section 15. The Service Occupation Tax Act is amended by 2 changing Section 9 as follows: 3 (35 ILCS 115/9) (from Ch. 120, par. 439.109) 4 Sec. 9. Each serviceman required or authorized to 5 collect the tax herein imposed shall pay to the Department 6 the amount of such tax at the time when he is required to 7 file his return for the period during which such tax was 8 collectible, less a discount of 2.1% prior to January 1, 9 1990, and 1.75% on and after January 1, 1990, or $5 per 10 calendar year, whichever is greater, which is allowed to 11 reimburse the serviceman for expenses incurred in collecting 12 the tax, keeping records, preparing and filing returns, 13 remitting the tax and supplying data to the Department on 14 request. 15 Where such tangible personal property is sold under a 16 conditional sales contract, or under any other form of sale 17 wherein the payment of the principal sum, or a part thereof, 18 is extended beyond the close of the period for which the 19 return is filed, the serviceman, in collecting the tax may 20 collect, for each tax return period, only the tax applicable 21 to the part of the selling price actually received during 22 such tax return period. 23 Except as provided hereinafter in this Section, on or 24 before the twentieth day of each calendar month, such 25 serviceman shall file a return for the preceding calendar 26 month in accordance with reasonable rules and regulations to 27 be promulgated by the Department of Revenue. Such return 28 shall be filed on a form prescribed by the Department and 29 shall contain such information as the Department may 30 reasonably require. 31 The Department may require returns to be filed on a 32 quarterly basis. If so required, a return for each calendar 33 quarter shall be filed on or before the twentieth day of the SB607 Engrossed -32- LRB093 08429 SJM 08651 b 1 calendar month following the end of such calendar quarter. 2 The taxpayer shall also file a return with the Department for 3 each of the first two months of each calendar quarter, on or 4 before the twentieth day of the following calendar month, 5 stating: 6 1. The name of the seller; 7 2. The address of the principal place of business 8 from which he engages in business as a serviceman in this 9 State; 10 3. The total amount of taxable receipts received by 11 him during the preceding calendar month, including 12 receipts from charge and time sales, but less all 13 deductions allowed by law; 14 4. The amount of credit provided in Section 2d of 15 this Act; 16 5. The amount of tax due; 17 5-5. The signature of the taxpayer; and 18 6. Such other reasonable information as the 19 Department may require. 20 If a taxpayer fails to sign a return within 30 days after 21 the proper notice and demand for signature by the Department, 22 the return shall be considered valid and any amount shown to 23 be due on the return shall be deemed assessed. 24 A serviceman may accept a Manufacturer's Purchase Credit 25 certification from a purchaser in satisfaction of Service Use 26 Tax as provided in Section 3-70 of the Service Use Tax Act if 27 the purchaser provides the appropriate documentation as 28 required by Section 3-70 of the Service Use Tax Act. A 29 Manufacturer's Purchase Credit certification, accepted by a 30 serviceman as provided in Section 3-70 of the Service Use Tax 31 Act, may be used by that serviceman to satisfy Service 32 Occupation Tax liability in the amount claimed in the 33 certification, not to exceed 6.25% of the receipts subject to 34 tax from a qualifying purchase. SB607 Engrossed -33- LRB093 08429 SJM 08651 b 1 If the serviceman's average monthly tax liability to the 2 Department does not exceed $200, the Department may authorize 3 his returns to be filed on a quarter annual basis, with the 4 return for January, February and March of a given year being 5 due by April 20 of such year; with the return for April, May 6 and June of a given year being due by July 20 of such year; 7 with the return for July, August and September of a given 8 year being due by October 20 of such year, and with the 9 return for October, November and December of a given year 10 being due by January 20 of the following year. 11 If the serviceman's average monthly tax liability to the 12 Department does not exceed $50, the Department may authorize 13 his returns to be filed on an annual basis, with the return 14 for a given year being due by January 20 of the following 15 year. 16 Such quarter annual and annual returns, as to form and 17 substance, shall be subject to the same requirements as 18 monthly returns. 19 Notwithstanding any other provision in this Act 20 concerning the time within which a serviceman may file his 21 return, in the case of any serviceman who ceases to engage in 22 a kind of business which makes him responsible for filing 23 returns under this Act, such serviceman shall file a final 24 return under this Act with the Department not more than 1 25 month after discontinuing such business. 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 SB607 Engrossed -34- LRB093 08429 SJM 08651 b 1 Department by electronic funds transfer. Beginning October 2 1, 2000, a taxpayer who has an annual tax liability of 3 $200,000 or more shall make all payments required by rules of 4 the Department by electronic funds transfer. The term 5 "annual tax liability" shall be the sum of the taxpayer's 6 liabilities under this Act, and under all other State and 7 local occupation and use tax laws administered by the 8 Department, for the immediately preceding calendar year. The 9 term "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 21 required to make payments by electronic funds transfer shall 22 make those payments for a minimum of one year beginning on 23 October 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 Where a serviceman collects the tax with respect to the SB607 Engrossed -35- LRB093 08429 SJM 08651 b 1 selling price of tangible personal property which he sells 2 and the purchaser thereafter returns such tangible personal 3 property and the serviceman refunds the selling price thereof 4 to the purchaser, such serviceman shall also refund, to the 5 purchaser, the tax so collected from the purchaser. When 6 filing his return for the period in which he refunds such tax 7 to the purchaser, the serviceman may deduct the amount of the 8 tax so refunded by him to the purchaser from any other 9 Service Occupation Tax, Service Use Tax, Retailers' 10 Occupation Tax or Use Tax which such serviceman may be 11 required to pay or remit to the Department, as shown by such 12 return, provided that the amount of the tax to be deducted 13 shall previously have been remitted to the Department by such 14 serviceman. If the serviceman shall not previously have 15 remitted the amount of such tax to the Department, he shall 16 be entitled to no deduction hereunder upon refunding such tax 17 to the purchaser. 18 If experience indicates such action to be practicable, 19 the Department may prescribe and furnish a combination or 20 joint return which will enable servicemen, who are required 21 to file returns hereunder and also under the Retailers' 22 Occupation Tax Act, the Use Tax Act or the Service Use Tax 23 Act, to furnish all the return information required by all 24 said Acts on the one form. 25 Where the serviceman has more than one business 26 registered with the Department under separate registrations 27 hereunder, such serviceman shall file separate returns for 28 each registered business. 29 Beginning January 1, 1990, each month the Department 30 shall pay into the Local Government Tax Fund the revenue 31 realized for the preceding month from the 1% tax on sales of 32 food for human consumption which is to be consumed off the 33 premises where it is sold (other than alcoholic beverages, 34 soft drinks and food which has been prepared for immediate SB607 Engrossed -36- LRB093 08429 SJM 08651 b 1 consumption) and prescription and nonprescription medicines, 2 drugs, medical appliances and insulin, urine testing 3 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 4% 6 of the revenue realized for the preceding month from the 7 6.25% general rate. 8 Beginning August 1, 2000, each month the Department shall 9 pay into the County and Mass Transit District Fund 20% of the 10 net revenue realized for the preceding month from the 1.25% 11 rate on the selling price of motor fuel and gasohol. 12 Beginning January 1, 1990, each month the Department 13 shall pay into the Local Government Tax Fund 16% of the 14 revenue realized for the preceding month from the 6.25% 15 general rate on transfers of tangible personal property. 16 Beginning August 1, 2000, each month the Department shall 17 pay into the Local Government Tax Fund 80% of the net revenue 18 realized for the preceding month from the 1.25% rate on the 19 selling price of motor fuel and gasohol. 20 Of the remainder of the moneys received by the Department 21 pursuant to this Act, (a) 1.75% thereof shall be paid into 22 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 23 and on and after July 1, 1989, 3.8% thereof shall be paid 24 into the Build Illinois Fund; provided, however, that if in 25 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 26 as the case may be, of the moneys received by the Department 27 and required to be paid into the Build Illinois Fund pursuant 28 to Section 3 of the Retailers' Occupation Tax Act, Section 9 29 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 30 Section 9 of the Service Occupation Tax Act, such Acts being 31 hereinafter called the "Tax Acts" and such aggregate of 2.2% 32 or 3.8%, as the case may be, of moneys being hereinafter 33 called the "Tax Act Amount", and (2) the amount transferred 34 to the Build Illinois Fund from the State and Local Sales Tax SB607 Engrossed -37- LRB093 08429 SJM 08651 b 1 Reform Fund shall be less than the Annual Specified Amount 2 (as defined in Section 3 of the Retailers' Occupation Tax 3 Act), an amount equal to the difference shall be immediately 4 paid into the Build Illinois Fund from other moneys received 5 by the Department pursuant to the Tax Acts; and further 6 provided, that if on the last business day of any month the 7 sum of (1) the Tax Act Amount required to be deposited into 8 the Build Illinois Account in the Build Illinois Fund during 9 such month and (2) the amount transferred during such month 10 to the Build Illinois Fund from the State and Local Sales Tax 11 Reform Fund shall have been less than 1/12 of the Annual 12 Specified Amount, an amount equal to the difference shall be 13 immediately paid into the Build Illinois Fund from other 14 moneys received by the Department pursuant to the Tax Acts; 15 and, further provided, that in no event shall the payments 16 required under the preceding proviso result in aggregate 17 payments into the Build Illinois Fund pursuant to this clause 18 (b) for any fiscal year in excess of the greater of (i) the 19 Tax Act Amount or (ii) the Annual Specified Amount for such 20 fiscal year; and, further provided, that the amounts payable 21 into the Build Illinois Fund under this clause (b) shall be 22 payable only until such time as the aggregate amount on 23 deposit under each trust indenture securing Bonds issued and 24 outstanding pursuant to the Build Illinois Bond Act is 25 sufficient, taking into account any future investment income, 26 to fully provide, in accordance with such indenture, for the 27 defeasance of or the payment of the principal of, premium, if 28 any, and interest on the Bonds secured by such indenture and 29 on any Bonds expected to be issued thereafter and all fees 30 and costs payable with respect thereto, all as certified by 31 the Director of the Bureau of the Budget. If on the last 32 business day of any month in which Bonds are outstanding 33 pursuant to the Build Illinois Bond Act, the aggregate of the 34 moneys deposited in the Build Illinois Bond Account in the SB607 Engrossed -38- LRB093 08429 SJM 08651 b 1 Build Illinois Fund in such month shall be less than the 2 amount required to be transferred in such month from the 3 Build Illinois Bond Account to the Build Illinois Bond 4 Retirement and Interest Fund pursuant to Section 13 of the 5 Build Illinois Bond Act, an amount equal to such deficiency 6 shall be immediately paid from other moneys received by the 7 Department pursuant to the Tax Acts to the Build Illinois 8 Fund; provided, however, that any amounts paid to the Build 9 Illinois Fund in any fiscal year pursuant to this sentence 10 shall be deemed to constitute payments pursuant to clause (b) 11 of the preceding sentence and shall reduce the amount 12 otherwise payable for such fiscal year pursuant to clause (b) 13 of the preceding sentence. The moneys received by the 14 Department pursuant to this Act and required to be deposited 15 into the Build Illinois Fund are subject to the pledge, claim 16 and charge set forth in Section 12 of the Build Illinois Bond 17 Act. 18 Subject to payment of amounts into the Build Illinois 19 Fund as provided in the preceding paragraph or in any 20 amendment thereto hereafter enacted, the following specified 21 monthly installment of the amount requested in the 22 certificate of the Chairman of the Metropolitan Pier and 23 Exposition Authority provided under Section 8.25f of the 24 State Finance Act, but not in excess of the sums designated 25 as "Total Deposit", shall be deposited in the aggregate from 26 collections under Section 9 of the Use Tax Act, Section 9 of 27 the Service Use Tax Act, Section 9 of the Service Occupation 28 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 29 into the McCormick Place Expansion Project Fund in the 30 specified fiscal years. 31 Fiscal Year Total Deposit 32 1993 $0 33 1994 53,000,000 34 1995 58,000,000 SB607 Engrossed -39- LRB093 08429 SJM 08651 b 1 1996 61,000,000 2 1997 64,000,000 3 1998 68,000,000 4 1999 71,000,000 5 2000 75,000,000 6 2001 80,000,000 7 2002 93,000,000 8 2003 99,000,000 9 2004 103,000,000 10 2005 108,000,000 11 2006 113,000,000 12 2007 119,000,000 13 2008 126,000,000 14 2009 132,000,000 15 2010 139,000,000 16 2011 146,000,000 17 2012 153,000,000 18 2013 161,000,000 19 2014 170,000,000 20 2015 179,000,000 21 2016 189,000,000 22 2017 199,000,000 23 2018 210,000,000 24 2019 221,000,000 25 2020 233,000,000 26 2021 246,000,000 27 2022 260,000,000 28 2023 and 275,000,000 29 each fiscal year 30 thereafter that bonds 31 are outstanding under 32 Section 13.2 of the 33 Metropolitan Pier and 34 Exposition Authority SB607 Engrossed -40- LRB093 08429 SJM 08651 b 1 Act, but not after fiscal year 2042. 2 Beginning July 20, 1993 and in each month of each fiscal 3 year thereafter, one-eighth of the amount requested in the 4 certificate of the Chairman of the Metropolitan Pier and 5 Exposition Authority for that fiscal year, less the amount 6 deposited into the McCormick Place Expansion Project Fund by 7 the State Treasurer in the respective month under subsection 8 (g) of Section 13 of the Metropolitan Pier and Exposition 9 Authority Act, plus cumulative deficiencies in the deposits 10 required under this Section for previous months and years, 11 shall be deposited into the McCormick Place Expansion Project 12 Fund, until the full amount requested for the fiscal year, 13 but not in excess of the amount specified above as "Total 14 Deposit", has been deposited. 15 Subject to payment of amounts into the Build Illinois 16 Fund and the McCormick Place Expansion Project Fund under the 17 preceding paragraphs, each month the Department shall, 18 subject to appropriation, pay into the Local Government 19 Distributive Fund 0.4% of the net revenue realized for the 20 preceding month from the 5% general rate or 0.4% of 80% of 21 the net revenue realized for the preceding month from the 22 6.25% general rate, as the case may be, on the selling price 23 of tangible personal property. That amount shall, subject to 24 appropriation, be distributed as provided in Section 2 of the 25 State Revenue Sharing Act. No payments or distributions 26 under this paragraph shall be made if the tax imposed by this 27 Act on photoprocessing products is declared unconstitutional 28 or if the proceeds from that tax are unavailable for 29 distribution because of litigation. 30 Subject to payment of amounts into the Build Illinois 31 Fund,andthe McCormick Place Expansion Project Fund, and the 32 Local Government Distributive Fund pursuant to the preceding 33 paragraphs or in any amendments thereto hereafter enacted, 34 beginning July 1, 1993, the Department shall each month pay SB607 Engrossed -41- LRB093 08429 SJM 08651 b 1 into the Illinois Tax Increment Fund 0.27% of 80% of the net 2 revenue realized for the preceding month from the 6.25% 3 general rate on the selling price of tangible personal 4 property. 5 Subject to payment of amounts into the Build Illinois 6 Fund,andthe McCormick Place Expansion Project Fund, and the 7 Local Government Distributive Fund pursuant to the preceding 8 paragraphs or in any amendments thereto hereafter enacted, 9 beginning with the receipt of the first report of taxes paid 10 by an eligible business and continuing for a 25-year period, 11 the Department shall each month pay into the Energy 12 Infrastructure Fund 80% of the net revenue realized from the 13 6.25% general rate on the selling price of Illinois-mined 14 coal that was sold to an eligible business. For purposes of 15 this paragraph, the term "eligible business" means a new 16 electric generating facility certified pursuant to Section 17 605-332 of the Department of Commerce and Community Affairs 18 Law of the Civil Administrative Code of Illinois. 19 Remaining moneys received by the Department pursuant to 20 this Act shall be paid into the General Revenue Fund of the 21 State Treasury. 22 The Department may, upon separate written notice to a 23 taxpayer, require the taxpayer to prepare and file with the 24 Department on a form prescribed by the Department within not 25 less than 60 days after receipt of the notice an annual 26 information return for the tax year specified in the notice. 27 Such annual return to the Department shall include a 28 statement of gross receipts as shown by the taxpayer's last 29 Federal income tax return. If the total receipts of the 30 business as reported in the Federal income tax return do not 31 agree with the gross receipts reported to the Department of 32 Revenue for the same period, the taxpayer shall attach to his 33 annual return a schedule showing a reconciliation of the 2 34 amounts and the reasons for the difference. The taxpayer's SB607 Engrossed -42- LRB093 08429 SJM 08651 b 1 annual return to the Department shall also disclose the cost 2 of goods sold by the taxpayer during the year covered by such 3 return, opening and closing inventories of such goods for 4 such year, cost of goods used from stock or taken from stock 5 and given away by the taxpayer during such year, pay roll 6 information of the taxpayer's business during such year and 7 any additional reasonable information which the Department 8 deems would be helpful in determining the accuracy of the 9 monthly, quarterly or annual returns filed by such taxpayer 10 as hereinbefore provided for in this Section. 11 If the annual information return required by this Section 12 is not filed when and as required, the taxpayer shall be 13 liable as follows: 14 (i) Until January 1, 1994, the taxpayer shall be 15 liable for a penalty equal to 1/6 of 1% of the tax due 16 from such taxpayer under this Act during the period to be 17 covered by the annual return for each month or fraction 18 of a month until such return is filed as required, the 19 penalty to be assessed and collected in the same manner 20 as any other penalty provided for in this Act. 21 (ii) On and after January 1, 1994, the taxpayer 22 shall be liable for a penalty as described in Section 3-4 23 of the Uniform Penalty and Interest Act. 24 The chief executive officer, proprietor, owner or highest 25 ranking manager shall sign the annual return to certify the 26 accuracy of the information contained therein. Any person 27 who willfully signs the annual return containing false or 28 inaccurate information shall be guilty of perjury and 29 punished accordingly. The annual return form prescribed by 30 the Department shall include a warning that the person 31 signing the return may be liable for perjury. 32 The foregoing portion of this Section concerning the 33 filing of an annual information return shall not apply to a 34 serviceman who is not required to file an income tax return SB607 Engrossed -43- LRB093 08429 SJM 08651 b 1 with the United States Government. 2 As soon as possible after the first day of each month, 3 upon certification of the Department of Revenue, the 4 Comptroller shall order transferred and the Treasurer shall 5 transfer from the General Revenue Fund to the Motor Fuel Tax 6 Fund an amount equal to 1.7% of 80% of the net revenue 7 realized under this Act for the second preceding month. 8 Beginning April 1, 2000, this transfer is no longer required 9 and shall not be made. 10 Net revenue realized for a month shall be the revenue 11 collected by the State pursuant to this Act, less the amount 12 paid out during that month as refunds to taxpayers for 13 overpayment of liability. 14 For greater simplicity of administration, it shall be 15 permissible for manufacturers, importers and wholesalers 16 whose products are sold by numerous servicemen in Illinois, 17 and who wish to do so, to assume the responsibility for 18 accounting and paying to the Department all tax accruing 19 under this Act with respect to such sales, if the servicemen 20 who are affected do not make written objection to the 21 Department to this arrangement. 22 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 23 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 24 7-1-00; 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, eff. 25 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02.) 26 Section 20. The Retailers' Occupation Tax Act is amended 27 by changing Section 3 as follows: 28 (35 ILCS 120/3) (from Ch. 120, par. 442) 29 Sec. 3. Except as provided in this Section, on or before 30 the twentieth day of each calendar month, every person 31 engaged in the business of selling tangible personal property 32 at retail in this State during the preceding calendar month SB607 Engrossed -44- LRB093 08429 SJM 08651 b 1 shall file a return with the Department, stating: 2 1. The name of the seller; 3 2. His residence address and the address of his 4 principal place of business and the address of the 5 principal place of business (if that is a different 6 address) from which he engages in the business of selling 7 tangible personal property at retail in this State; 8 3. Total amount of receipts received by him during 9 the preceding calendar month or quarter, as the case may 10 be, from sales of tangible personal property, and from 11 services furnished, by him during such preceding calendar 12 month or quarter; 13 4. Total amount received by him during the 14 preceding calendar month or quarter on charge and time 15 sales of tangible personal property, and from services 16 furnished, by him prior to the month or quarter for which 17 the return is filed; 18 5. Deductions allowed by law; 19 6. Gross receipts which were received by him during 20 the preceding calendar month or quarter and upon the 21 basis of which the tax is imposed; 22 7. The amount of credit provided in Section 2d of 23 this Act; 24 8. The amount of tax due; 25 9. The signature of the taxpayer; and 26 10. Such other reasonable information as the 27 Department may require. 28 If a taxpayer fails to sign a return within 30 days after 29 the proper notice and demand for signature by the Department, 30 the return shall be considered valid and any amount shown to 31 be due on the return shall be deemed assessed. 32 Each return shall be accompanied by the statement of 33 prepaid tax issued pursuant to Section 2e for which credit is 34 claimed. SB607 Engrossed -45- LRB093 08429 SJM 08651 b 1 A retailer may accept a Manufacturer's Purchase Credit 2 certification from a purchaser in satisfaction of Use Tax as 3 provided in Section 3-85 of the Use Tax Act if the purchaser 4 provides the appropriate documentation as required by Section 5 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit 6 certification, accepted by a retailer as provided in Section 7 3-85 of the Use Tax Act, may be used by that retailer to 8 satisfy Retailers' Occupation Tax liability in the amount 9 claimed in the certification, not to exceed 6.25% of the 10 receipts subject to tax from a qualifying purchase. 11 The Department may require returns to be filed on a 12 quarterly basis. If so required, a return for each calendar 13 quarter shall be filed on or before the twentieth day of the 14 calendar month following the end of such calendar quarter. 15 The taxpayer shall also file a return with the Department for 16 each of the first two months of each calendar quarter, on or 17 before the twentieth day of the following calendar month, 18 stating: 19 1. The name of the seller; 20 2. The address of the principal place of business 21 from which he engages in the business of selling tangible 22 personal property at retail in this State; 23 3. The total amount of taxable receipts received by 24 him during the preceding calendar month from sales of 25 tangible personal property by him during such preceding 26 calendar month, including receipts from charge and time 27 sales, but less all deductions allowed by law; 28 4. The amount of credit provided in Section 2d of 29 this Act; 30 5. The amount of tax due; and 31 6. Such other reasonable information as the 32 Department may require. 33 If a total amount of less than $1 is payable, refundable 34 or creditable, such amount shall be disregarded if it is less SB607 Engrossed -46- LRB093 08429 SJM 08651 b 1 than 50 cents and shall be increased to $1 if it is 50 cents 2 or more. 3 Beginning October 1, 1993, a taxpayer who has an average 4 monthly tax liability of $150,000 or more shall make all 5 payments required by rules of the Department by electronic 6 funds transfer. Beginning October 1, 1994, a taxpayer who 7 has an average monthly tax liability of $100,000 or more 8 shall make all payments required by rules of the Department 9 by electronic funds transfer. Beginning October 1, 1995, a 10 taxpayer who has an average monthly tax liability of $50,000 11 or more shall make all payments required by rules of the 12 Department by electronic funds transfer. Beginning October 13 1, 2000, a taxpayer who has an annual tax liability of 14 $200,000 or more shall make all payments required by rules of 15 the Department by electronic funds transfer. The term 16 "annual tax liability" shall be the sum of the taxpayer's 17 liabilities under this Act, and under all other State and 18 local occupation and use tax laws administered by the 19 Department, for the immediately preceding calendar year. The 20 term "average monthly tax liability" shall be the sum of the 21 taxpayer's liabilities under this Act, and under all other 22 State and local occupation and use tax laws administered by 23 the Department, for the immediately preceding calendar year 24 divided by 12. Beginning on October 1, 2002, a taxpayer who 25 has a tax liability in the amount set forth in subsection (b) 26 of Section 2505-210 of the Department of Revenue Law shall 27 make all payments required by rules of the Department by 28 electronic funds transfer. 29 Before August 1 of each year beginning in 1993, the 30 Department shall notify all taxpayers required to make 31 payments by electronic funds transfer. All taxpayers 32 required to make payments by electronic funds transfer shall 33 make those payments for a minimum of one year beginning on 34 October 1. SB607 Engrossed -47- LRB093 08429 SJM 08651 b 1 Any taxpayer not required to make payments by electronic 2 funds transfer may make payments by electronic funds transfer 3 with the permission of the Department. 4 All taxpayers required to make payment by electronic 5 funds transfer and any taxpayers authorized to voluntarily 6 make payments by electronic funds transfer shall make those 7 payments in the manner authorized by the Department. 8 The Department shall adopt such rules as are necessary to 9 effectuate a program of electronic funds transfer and the 10 requirements of this Section. 11 Any amount which is required to be shown or reported on 12 any return or other document under this Act shall, if such 13 amount is not a whole-dollar amount, be increased to the 14 nearest whole-dollar amount in any case where the fractional 15 part of a dollar is 50 cents or more, and decreased to the 16 nearest whole-dollar amount where the fractional part of a 17 dollar is less than 50 cents. 18 If the retailer is otherwise required to file a monthly 19 return and if the retailer's average monthly tax liability to 20 the Department does not exceed $200, the Department may 21 authorize his returns to be filed on a quarter annual basis, 22 with the return for January, February and March of a given 23 year being due by April 20 of such year; with the return for 24 April, May and June of a given year being due by July 20 of 25 such year; with the return for July, August and September of 26 a given year being due by October 20 of such year, and with 27 the return for October, November and December of a given year 28 being due by January 20 of the following year. 29 If the retailer is otherwise required to file a monthly 30 or quarterly return and if the retailer's average monthly tax 31 liability with the Department does not exceed $50, the 32 Department may authorize his returns to be filed on an annual 33 basis, with the return for a given year being due by January 34 20 of the following year. SB607 Engrossed -48- LRB093 08429 SJM 08651 b 1 Such quarter annual and annual returns, as to form and 2 substance, shall be subject to the same requirements as 3 monthly returns. 4 Notwithstanding any other provision in this Act 5 concerning the time within which a retailer may file his 6 return, in the case of any retailer who ceases to engage in a 7 kind of business which makes him responsible for filing 8 returns under this Act, such retailer shall file a final 9 return under this Act with the Department not more than one 10 month after discontinuing such business. 11 Where the same person has more than one business 12 registered with the Department under separate registrations 13 under this Act, such person may not file each return that is 14 due as a single return covering all such registered 15 businesses, but shall file separate returns for each such 16 registered business. 17 In addition, with respect to motor vehicles, watercraft, 18 aircraft, and trailers that are required to be registered 19 with an agency of this State, every retailer selling this 20 kind of tangible personal property shall file, with the 21 Department, upon a form to be prescribed and supplied by the 22 Department, a separate return for each such item of tangible 23 personal property which the retailer sells, except that if, 24 in the same transaction, (i) a retailer of aircraft, 25 watercraft, motor vehicles or trailers transfers more than 26 one aircraft, watercraft, motor vehicle or trailer to another 27 aircraft, watercraft, motor vehicle retailer or trailer 28 retailer for the purpose of resale or (ii) a retailer of 29 aircraft, watercraft, motor vehicles, or trailers transfers 30 more than one aircraft, watercraft, motor vehicle, or trailer 31 to a purchaser for use as a qualifying rolling stock as 32 provided in Section 2-5 of this Act, then that seller may 33 report the transfer of all aircraft, watercraft, motor 34 vehicles or trailers involved in that transaction to the SB607 Engrossed -49- LRB093 08429 SJM 08651 b 1 Department on the same uniform invoice-transaction reporting 2 return form. For purposes of this Section, "watercraft" 3 means a Class 2, Class 3, or Class 4 watercraft as defined in 4 Section 3-2 of the Boat Registration and Safety Act, a 5 personal watercraft, or any boat equipped with an inboard 6 motor. 7 Any retailer who sells only motor vehicles, watercraft, 8 aircraft, or trailers that are required to be registered with 9 an agency of this State, so that all retailers' occupation 10 tax liability is required to be reported, and is reported, on 11 such transaction reporting returns and who is not otherwise 12 required to file monthly or quarterly returns, need not file 13 monthly or quarterly returns. However, those retailers shall 14 be required to file returns on an annual basis. 15 The transaction reporting return, in the case of motor 16 vehicles or trailers that are required to be registered with 17 an agency of this State, shall be the same document as the 18 Uniform Invoice referred to in Section 5-402 of The Illinois 19 Vehicle Code and must show the name and address of the 20 seller; the name and address of the purchaser; the amount of 21 the selling price including the amount allowed by the 22 retailer for traded-in property, if any; the amount allowed 23 by the retailer for the traded-in tangible personal property, 24 if any, to the extent to which Section 1 of this Act allows 25 an exemption for the value of traded-in property; the balance 26 payable after deducting such trade-in allowance from the 27 total selling price; the amount of tax due from the retailer 28 with respect to such transaction; the amount of tax collected 29 from the purchaser by the retailer on such transaction (or 30 satisfactory evidence that such tax is not due in that 31 particular instance, if that is claimed to be the fact); the 32 place and date of the sale; a sufficient identification of 33 the property sold; such other information as is required in 34 Section 5-402 of The Illinois Vehicle Code, and such other SB607 Engrossed -50- LRB093 08429 SJM 08651 b 1 information as the Department may reasonably require. 2 The transaction reporting return in the case of 3 watercraft or aircraft must show the name and address of the 4 seller; the name and address of the purchaser; the amount of 5 the selling price including the amount allowed by the 6 retailer for traded-in property, if any; the amount allowed 7 by the retailer for the traded-in tangible personal property, 8 if any, to the extent to which Section 1 of this Act allows 9 an exemption for the value of traded-in property; the balance 10 payable after deducting such trade-in allowance from the 11 total selling price; the amount of tax due from the retailer 12 with respect to such transaction; the amount of tax collected 13 from the purchaser by the retailer on such transaction (or 14 satisfactory evidence that such tax is not due in that 15 particular instance, if that is claimed to be the fact); the 16 place and date of the sale, a sufficient identification of 17 the property sold, and such other information as the 18 Department may reasonably require. 19 Such transaction reporting return shall be filed not 20 later than 20 days after the day of delivery of the item that 21 is being sold, but may be filed by the retailer at any time 22 sooner than that if he chooses to do so. The transaction 23 reporting return and tax remittance or proof of exemption 24 from the Illinois use tax may be transmitted to the 25 Department by way of the State agency with which, or State 26 officer with whom the tangible personal property must be 27 titled or registered (if titling or registration is required) 28 if the Department and such agency or State officer determine 29 that this procedure will expedite the processing of 30 applications for title or registration. 31 With each such transaction reporting return, the retailer 32 shall remit the proper amount of tax due (or shall submit 33 satisfactory evidence that the sale is not taxable if that is 34 the case), to the Department or its agents, whereupon the SB607 Engrossed -51- LRB093 08429 SJM 08651 b 1 Department shall issue, in the purchaser's name, a use tax 2 receipt (or a certificate of exemption if the Department is 3 satisfied that the particular sale is tax exempt) which such 4 purchaser may submit to the agency with which, or State 5 officer with whom, he must title or register the tangible 6 personal property that is involved (if titling or 7 registration is required) in support of such purchaser's 8 application for an Illinois certificate or other evidence of 9 title or registration to such tangible personal property. 10 No retailer's failure or refusal to remit tax under this 11 Act precludes a user, who has paid the proper tax to the 12 retailer, from obtaining his certificate of title or other 13 evidence of title or registration (if titling or registration 14 is required) upon satisfying the Department that such user 15 has paid the proper tax (if tax is due) to the retailer. The 16 Department shall adopt appropriate rules to carry out the 17 mandate of this paragraph. 18 If the user who would otherwise pay tax to the retailer 19 wants the transaction reporting return filed and the payment 20 of the tax or proof of exemption made to the Department 21 before the retailer is willing to take these actions and such 22 user has not paid the tax to the retailer, such user may 23 certify to the fact of such delay by the retailer and may 24 (upon the Department being satisfied of the truth of such 25 certification) transmit the information required by the 26 transaction reporting return and the remittance for tax or 27 proof of exemption directly to the Department and obtain his 28 tax receipt or exemption determination, in which event the 29 transaction reporting return and tax remittance (if a tax 30 payment was required) shall be credited by the Department to 31 the proper retailer's account with the Department, but 32 without the 2.1% or 1.75% discount provided for in this 33 Section being allowed. When the user pays the tax directly 34 to the Department, he shall pay the tax in the same amount SB607 Engrossed -52- LRB093 08429 SJM 08651 b 1 and in the same form in which it would be remitted if the tax 2 had been remitted to the Department by the retailer. 3 Refunds made by the seller during the preceding return 4 period to purchasers, on account of tangible personal 5 property returned to the seller, shall be allowed as a 6 deduction under subdivision 5 of his monthly or quarterly 7 return, as the case may be, in case the seller had 8 theretofore included the receipts from the sale of such 9 tangible personal property in a return filed by him and had 10 paid the tax imposed by this Act with respect to such 11 receipts. 12 Where the seller is a corporation, the return filed on 13 behalf of such corporation shall be signed by the president, 14 vice-president, secretary or treasurer or by the properly 15 accredited agent of such corporation. 16 Where the seller is a limited liability company, the 17 return filed on behalf of the limited liability company shall 18 be signed by a manager, member, or properly accredited agent 19 of the limited liability company. 20 Except as provided in this Section, the retailer filing 21 the return under this Section shall, at the time of filing 22 such return, pay to the Department the amount of tax imposed 23 by this Act less a discount of 2.1% prior to January 1, 1990 24 and 1.75% on and after January 1, 1990, or $5 per calendar 25 year, whichever is greater, which is allowed to reimburse the 26 retailer for the expenses incurred in keeping records, 27 preparing and filing returns, remitting the tax and supplying 28 data to the Department on request. Any prepayment made 29 pursuant to Section 2d of this Act shall be included in the 30 amount on which such 2.1% or 1.75% discount is computed. In 31 the case of retailers who report and pay the tax on a 32 transaction by transaction basis, as provided in this 33 Section, such discount shall be taken with each such tax 34 remittance instead of when such retailer files his periodic SB607 Engrossed -53- LRB093 08429 SJM 08651 b 1 return. 2 Before October 1, 2000, if the taxpayer's average monthly 3 tax liability to the Department under this Act, the Use Tax 4 Act, the Service Occupation Tax Act, and the Service Use Tax 5 Act, excluding any liability for prepaid sales tax to be 6 remitted in accordance with Section 2d of this Act, was 7 $10,000 or more during the preceding 4 complete calendar 8 quarters, he shall file a return with the Department each 9 month by the 20th day of the month next following the month 10 during which such tax liability is incurred and shall make 11 payments to the Department on or before the 7th, 15th, 22nd 12 and last day of the month during which such liability is 13 incurred. On and after October 1, 2000, if the taxpayer's 14 average monthly tax liability to the Department under this 15 Act, the Use Tax Act, the Service Occupation Tax Act, and the 16 Service Use Tax Act, excluding any liability for prepaid 17 sales tax to be remitted in accordance with Section 2d of 18 this Act, was $20,000 or more during the preceding 4 complete 19 calendar quarters, he shall file a return with the Department 20 each month by the 20th day of the month next following the 21 month during which such tax liability is incurred and shall 22 make payment to the Department on or before the 7th, 15th, 23 22nd and last day of the month during which such liability is 24 incurred. If the month during which such tax liability is 25 incurred began prior to January 1, 1985, each payment shall 26 be in an amount equal to 1/4 of the taxpayer's actual 27 liability for the month or an amount set by the Department 28 not to exceed 1/4 of the average monthly liability of the 29 taxpayer to the Department for the preceding 4 complete 30 calendar quarters (excluding the month of highest liability 31 and the month of lowest liability in such 4 quarter period). 32 If the month during which such tax liability is incurred 33 begins on or after January 1, 1985 and prior to January 1, 34 1987, each payment shall be in an amount equal to 22.5% of SB607 Engrossed -54- LRB093 08429 SJM 08651 b 1 the taxpayer's actual liability for the month or 27.5% of the 2 taxpayer's liability for the same calendar month of the 3 preceding year. If the month during which such tax liability 4 is incurred begins on or after January 1, 1987 and prior to 5 January 1, 1988, each payment shall be in an amount equal to 6 22.5% of the taxpayer's actual liability for the month or 7 26.25% of the taxpayer's liability for the same calendar 8 month of the preceding year. If the month during which such 9 tax liability is incurred begins on or after January 1, 1988, 10 and prior to January 1, 1989, or begins on or after January 11 1, 1996, each payment shall be in an amount equal to 22.5% of 12 the taxpayer's actual liability for the month or 25% of the 13 taxpayer's liability for the same calendar month of the 14 preceding year. If the month during which such tax liability 15 is incurred begins on or after January 1, 1989, and prior to 16 January 1, 1996, each payment shall be in an amount equal to 17 22.5% of the taxpayer's actual liability for the month or 25% 18 of the taxpayer's liability for the same calendar month of 19 the preceding year or 100% of the taxpayer's actual liability 20 for the quarter monthly reporting period. The amount of such 21 quarter monthly payments shall be credited against the final 22 tax liability of the taxpayer's return for that month. 23 Before October 1, 2000, once applicable, the requirement of 24 the making of quarter monthly payments to the Department by 25 taxpayers having an average monthly tax liability of $10,000 26 or more as determined in the manner provided above shall 27 continue until such taxpayer's average monthly liability to 28 the Department during the preceding 4 complete calendar 29 quarters (excluding the month of highest liability and the 30 month of lowest liability) is less than $9,000, or until such 31 taxpayer's average monthly liability to the Department as 32 computed for each calendar quarter of the 4 preceding 33 complete calendar quarter period is less than $10,000. 34 However, if a taxpayer can show the Department that a SB607 Engrossed -55- LRB093 08429 SJM 08651 b 1 substantial change in the taxpayer's business has occurred 2 which causes the taxpayer to anticipate that his average 3 monthly tax liability for the reasonably foreseeable future 4 will fall below the $10,000 threshold stated above, then such 5 taxpayer may petition the Department for a change in such 6 taxpayer's reporting status. On and after October 1, 2000, 7 once applicable, the requirement of the making of quarter 8 monthly payments to the Department by taxpayers having an 9 average monthly tax liability of $20,000 or more as 10 determined in the manner provided above shall continue until 11 such taxpayer's average monthly liability to the Department 12 during the preceding 4 complete calendar quarters (excluding 13 the month of highest liability and the month of lowest 14 liability) is less than $19,000 or until such taxpayer's 15 average monthly liability to the Department as computed for 16 each calendar quarter of the 4 preceding complete calendar 17 quarter period is less than $20,000. However, if a taxpayer 18 can show the Department that a substantial change in the 19 taxpayer's business has occurred which causes the taxpayer to 20 anticipate that his average monthly tax liability for the 21 reasonably foreseeable future will fall below the $20,000 22 threshold stated above, then such taxpayer may petition the 23 Department for a change in such taxpayer's reporting status. 24 The Department shall change such taxpayer's reporting status 25 unless it finds that such change is seasonal in nature and 26 not likely to be long term. If any such quarter monthly 27 payment is not paid at the time or in the amount required by 28 this Section, then the taxpayer shall be liable for penalties 29 and interest on the difference between the minimum amount due 30 as a payment and the amount of such quarter monthly payment 31 actually and timely paid, except insofar as the taxpayer has 32 previously made payments for that month to the Department in 33 excess of the minimum payments previously due as provided in 34 this Section. The Department shall make reasonable rules and SB607 Engrossed -56- LRB093 08429 SJM 08651 b 1 regulations to govern the quarter monthly payment amount and 2 quarter monthly payment dates for taxpayers who file on other 3 than a calendar monthly basis. 4 The provisions of this paragraph apply before October 1, 5 2001. Without regard to whether a taxpayer is required to 6 make quarter monthly payments as specified above, any 7 taxpayer who is required by Section 2d of this Act to collect 8 and remit prepaid taxes and has collected prepaid taxes which 9 average in excess of $25,000 per month during the preceding 2 10 complete calendar quarters, shall file a return with the 11 Department as required by Section 2f and shall make payments 12 to the Department on or before the 7th, 15th, 22nd and last 13 day of the month during which such liability is incurred. If 14 the month during which such tax liability is incurred began 15 prior to the effective date of this amendatory Act of 1985, 16 each payment shall be in an amount not less than 22.5% of the 17 taxpayer's actual liability under Section 2d. If the month 18 during which such tax liability is incurred begins on or 19 after January 1, 1986, each payment shall be in an amount 20 equal to 22.5% of the taxpayer's actual liability for the 21 month or 27.5% of the taxpayer's liability for the same 22 calendar month of the preceding calendar year. If the month 23 during which such tax liability is incurred begins on or 24 after January 1, 1987, each payment shall be in an amount 25 equal to 22.5% of the taxpayer's actual liability for the 26 month or 26.25% of the taxpayer's liability for the same 27 calendar month of the preceding year. The amount of such 28 quarter monthly payments shall be credited against the final 29 tax liability of the taxpayer's return for that month filed 30 under this Section or Section 2f, as the case may be. Once 31 applicable, the requirement of the making of quarter monthly 32 payments to the Department pursuant to this paragraph shall 33 continue until such taxpayer's average monthly prepaid tax 34 collections during the preceding 2 complete calendar quarters SB607 Engrossed -57- LRB093 08429 SJM 08651 b 1 is $25,000 or less. If any such quarter monthly payment is 2 not paid at the time or in the amount required, the taxpayer 3 shall be liable for penalties and interest on such 4 difference, except insofar as the taxpayer has previously 5 made payments for that month in excess of the minimum 6 payments previously due. 7 The provisions of this paragraph apply on and after 8 October 1, 2001. Without regard to whether a taxpayer is 9 required to make quarter monthly payments as specified above, 10 any taxpayer who is required by Section 2d of this Act to 11 collect and remit prepaid taxes and has collected prepaid 12 taxes that average in excess of $20,000 per month during the 13 preceding 4 complete calendar quarters shall file a return 14 with the Department as required by Section 2f and shall make 15 payments to the Department on or before the 7th, 15th, 22nd 16 and last day of the month during which the liability is 17 incurred. Each payment shall be in an amount equal to 22.5% 18 of the taxpayer's actual liability for the month or 25% of 19 the taxpayer's liability for the same calendar month of the 20 preceding year. The amount of the quarter monthly payments 21 shall be credited against the final tax liability of the 22 taxpayer's return for that month filed under this Section or 23 Section 2f, as the case may be. Once applicable, the 24 requirement of the making of quarter monthly payments to the 25 Department pursuant to this paragraph shall continue until 26 the taxpayer's average monthly prepaid tax collections during 27 the preceding 4 complete calendar quarters (excluding the 28 month of highest liability and the month of lowest liability) 29 is less than $19,000 or until such taxpayer's average monthly 30 liability to the Department as computed for each calendar 31 quarter of the 4 preceding complete calendar quarters is less 32 than $20,000. If any such quarter monthly payment is not 33 paid at the time or in the amount required, the taxpayer 34 shall be liable for penalties and interest on such SB607 Engrossed -58- LRB093 08429 SJM 08651 b 1 difference, except insofar as the taxpayer has previously 2 made payments for that month in excess of the minimum 3 payments previously due. 4 If any payment provided for in this Section exceeds the 5 taxpayer's liabilities under this Act, the Use Tax Act, the 6 Service Occupation Tax Act and the Service Use Tax Act, as 7 shown on an original monthly return, the Department shall, if 8 requested by the taxpayer, issue to the taxpayer a credit 9 memorandum no later than 30 days after the date of payment. 10 The credit evidenced by such credit memorandum may be 11 assigned by the taxpayer to a similar taxpayer under this 12 Act, the Use Tax Act, the Service Occupation Tax Act or the 13 Service Use Tax Act, in accordance with reasonable rules and 14 regulations to be prescribed by the Department. If no such 15 request is made, the taxpayer may credit such excess payment 16 against tax liability subsequently to be remitted to the 17 Department under this Act, the Use Tax Act, the Service 18 Occupation Tax Act or the Service Use Tax Act, in accordance 19 with reasonable rules and regulations prescribed by the 20 Department. If the Department subsequently determined that 21 all or any part of the credit taken was not actually due to 22 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount 23 shall be reduced by 2.1% or 1.75% of the difference between 24 the credit taken and that actually due, and that taxpayer 25 shall be liable for penalties and interest on such 26 difference. 27 If a retailer of motor fuel is entitled to a credit under 28 Section 2d of this Act which exceeds the taxpayer's liability 29 to the Department under this Act for the month which the 30 taxpayer is filing a return, the Department shall issue the 31 taxpayer a credit memorandum for the excess. 32 Beginning January 1, 1990, each month the Department 33 shall pay into the Local Government Tax Fund, a special fund 34 in the State treasury which is hereby created, the net SB607 Engrossed -59- LRB093 08429 SJM 08651 b 1 revenue realized for the preceding month from the 1% tax on 2 sales of food for human consumption which is to be consumed 3 off the premises where it is sold (other than alcoholic 4 beverages, soft drinks and food which has been prepared for 5 immediate consumption) and prescription and nonprescription 6 medicines, drugs, medical appliances and insulin, urine 7 testing materials, syringes and needles used by diabetics. 8 Beginning January 1, 1990, each month the Department 9 shall pay into the County and Mass Transit District Fund, a 10 special fund in the State treasury which is hereby created, 11 4% of the net revenue realized for the preceding month from 12 the 6.25% general rate. 13 Beginning August 1, 2000, each month the Department shall 14 pay into the County and Mass Transit District Fund 20% of the 15 net revenue realized for the preceding month from the 1.25% 16 rate on the selling price of motor fuel and gasohol. 17 Beginning January 1, 1990, each month the Department 18 shall pay into the Local Government Tax Fund 16% of the net 19 revenue realized for the preceding month from the 6.25% 20 general rate on the selling price of tangible personal 21 property. 22 Beginning August 1, 2000, each month the Department shall 23 pay into the Local Government Tax Fund 80% of the net revenue 24 realized for the preceding month from the 1.25% rate on the 25 selling price of motor fuel and gasohol. 26 Of the remainder of the moneys received by the Department 27 pursuant to this Act, (a) 1.75% thereof shall be paid into 28 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 29 and on and after July 1, 1989, 3.8% thereof shall be paid 30 into the Build Illinois Fund; provided, however, that if in 31 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 32 as the case may be, of the moneys received by the Department 33 and required to be paid into the Build Illinois Fund pursuant 34 to this Act, Section 9 of the Use Tax Act, Section 9 of the SB607 Engrossed -60- LRB093 08429 SJM 08651 b 1 Service Use Tax Act, and Section 9 of the Service Occupation 2 Tax Act, such Acts being hereinafter called the "Tax Acts" 3 and such aggregate of 2.2% or 3.8%, as the case may be, of 4 moneys being hereinafter called the "Tax Act Amount", and (2) 5 the amount transferred to the Build Illinois Fund from the 6 State and Local Sales Tax Reform Fund shall be less than the 7 Annual Specified Amount (as hereinafter defined), an amount 8 equal to the difference shall be immediately paid into the 9 Build Illinois Fund from other moneys received by the 10 Department pursuant to the Tax Acts; the "Annual Specified 11 Amount" means the amounts specified below for fiscal years 12 1986 through 1993: 13 Fiscal Year Annual Specified Amount 14 1986 $54,800,000 15 1987 $76,650,000 16 1988 $80,480,000 17 1989 $88,510,000 18 1990 $115,330,000 19 1991 $145,470,000 20 1992 $182,730,000 21 1993 $206,520,000; 22 and means the Certified Annual Debt Service Requirement (as 23 defined in Section 13 of the Build Illinois Bond Act) or the 24 Tax Act Amount, whichever is greater, for fiscal year 1994 25 and each fiscal year thereafter; and further provided, that 26 if on the last business day of any month the sum of (1) the 27 Tax Act Amount required to be deposited into the Build 28 Illinois Bond Account in the Build Illinois Fund during such 29 month and (2) the amount transferred to the Build Illinois 30 Fund from the State and Local Sales Tax Reform Fund shall 31 have been less than 1/12 of the Annual Specified Amount, an 32 amount equal to the difference shall be immediately paid into 33 the Build Illinois Fund from other moneys received by the 34 Department pursuant to the Tax Acts; and, further provided, SB607 Engrossed -61- LRB093 08429 SJM 08651 b 1 that in no event shall the payments required under the 2 preceding proviso result in aggregate payments into the Build 3 Illinois Fund pursuant to this clause (b) for any fiscal year 4 in excess of the greater of (i) the Tax Act Amount or (ii) 5 the Annual Specified Amount for such fiscal year. The 6 amounts payable into the Build Illinois Fund under clause (b) 7 of the first sentence in this paragraph shall be payable only 8 until such time as the aggregate amount on deposit under each 9 trust indenture securing Bonds issued and outstanding 10 pursuant to the Build Illinois Bond Act is sufficient, taking 11 into account any future investment income, to fully provide, 12 in accordance with such indenture, for the defeasance of or 13 the payment of the principal of, premium, if any, and 14 interest on the Bonds secured by such indenture and on any 15 Bonds expected to be issued thereafter and all fees and costs 16 payable with respect thereto, all as certified by the 17 Director of the Bureau of the Budget. If on the last 18 business day of any month in which Bonds are outstanding 19 pursuant to the Build Illinois Bond Act, the aggregate of 20 moneys deposited in the Build Illinois Bond Account in the 21 Build Illinois Fund in such month shall be less than the 22 amount required to be transferred in such month from the 23 Build Illinois Bond Account to the Build Illinois Bond 24 Retirement and Interest Fund pursuant to Section 13 of the 25 Build Illinois Bond Act, an amount equal to such deficiency 26 shall be immediately paid from other moneys received by the 27 Department pursuant to the Tax Acts to the Build Illinois 28 Fund; provided, however, that any amounts paid to the Build 29 Illinois Fund in any fiscal year pursuant to this sentence 30 shall be deemed to constitute payments pursuant to clause (b) 31 of the first sentence of this paragraph and shall reduce the 32 amount otherwise payable for such fiscal year pursuant to 33 that clause (b). The moneys received by the Department 34 pursuant to this Act and required to be deposited into the SB607 Engrossed -62- LRB093 08429 SJM 08651 b 1 Build Illinois Fund are subject to the pledge, claim and 2 charge set forth in Section 12 of the Build Illinois Bond 3 Act. 4 Subject to payment of amounts into the Build Illinois 5 Fund as provided in the preceding paragraph or in any 6 amendment thereto hereafter enacted, the following specified 7 monthly installment of the amount requested in the 8 certificate of the Chairman of the Metropolitan Pier and 9 Exposition Authority provided under Section 8.25f of the 10 State Finance Act, but not in excess of sums designated as 11 "Total Deposit", shall be deposited in the aggregate from 12 collections under Section 9 of the Use Tax Act, Section 9 of 13 the Service Use Tax Act, Section 9 of the Service Occupation 14 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 15 into the McCormick Place Expansion Project Fund in the 16 specified fiscal years. 17 Fiscal Year Total Deposit 18 1993 $0 19 1994 53,000,000 20 1995 58,000,000 21 1996 61,000,000 22 1997 64,000,000 23 1998 68,000,000 24 1999 71,000,000 25 2000 75,000,000 26 2001 80,000,000 27 2002 93,000,000 28 2003 99,000,000 29 2004 103,000,000 30 2005 108,000,000 31 2006 113,000,000 32 2007 119,000,000 33 2008 126,000,000 34 2009 132,000,000 SB607 Engrossed -63- LRB093 08429 SJM 08651 b 1 2010 139,000,000 2 2011 146,000,000 3 2012 153,000,000 4 2013 161,000,000 5 2014 170,000,000 6 2015 179,000,000 7 2016 189,000,000 8 2017 199,000,000 9 2018 210,000,000 10 2019 221,000,000 11 2020 233,000,000 12 2021 246,000,000 13 2022 260,000,000 14 2023 and 275,000,000 15 each fiscal year 16 thereafter that bonds 17 are outstanding under 18 Section 13.2 of the 19 Metropolitan Pier and 20 Exposition Authority 21 Act, but not after fiscal year 2042. 22 Beginning July 20, 1993 and in each month of each fiscal 23 year thereafter, one-eighth of the amount requested in the 24 certificate of the Chairman of the Metropolitan Pier and 25 Exposition Authority for that fiscal year, less the amount 26 deposited into the McCormick Place Expansion Project Fund by 27 the State Treasurer in the respective month under subsection 28 (g) of Section 13 of the Metropolitan Pier and Exposition 29 Authority Act, plus cumulative deficiencies in the deposits 30 required under this Section for previous months and years, 31 shall be deposited into the McCormick Place Expansion Project 32 Fund, until the full amount requested for the fiscal year, 33 but not in excess of the amount specified above as "Total 34 Deposit", has been deposited. SB607 Engrossed -64- LRB093 08429 SJM 08651 b 1 Subject to payment of amounts into the Build Illinois 2 Fund and the McCormick Place Expansion Project Fund under the 3 preceding paragraphs, each month the Department shall, 4 subject to appropriation, pay into the Local Government 5 Distributive Fund 0.4% of the net revenue realized for the 6 preceding month from the 5% general rate or 0.4% of 80% of 7 the net revenue realized for the preceding month from the 8 6.25% general rate, as the case may be, on the selling price 9 of tangible personal property. That amount shall, subject to 10 appropriation, be distributed as provided in Section 2 of the 11 State Revenue Sharing Act. No payments or distributions 12 under this paragraph shall be made if the tax imposed by this 13 Act on photoprocessing products is declared unconstitutional 14 or if the proceeds from that tax are unavailable for 15 distribution because of litigation. 16 Subject to payment of amounts into the Build Illinois 17 Fund,andthe McCormick Place Expansion Project Fund, and the 18 Local Government Distributive Fund pursuant to the preceding 19 paragraphs or in any amendments thereto hereafter enacted, 20 beginning July 1, 1993, the Department shall each month pay 21 into the Illinois Tax Increment Fund 0.27% of 80% of the net 22 revenue realized for the preceding month from the 6.25% 23 general rate on the selling price of tangible personal 24 property. 25 Subject to payment of amounts into the Build Illinois 26 Fund,andthe McCormick Place Expansion Project Fund, and the 27 Local Government Distributive Fund pursuant to the preceding 28 paragraphs or in any amendments thereto hereafter enacted, 29 beginning with the receipt of the first report of taxes paid 30 by an eligible business and continuing for a 25-year period, 31 the Department shall each month pay into the Energy 32 Infrastructure Fund 80% of the net revenue realized from the 33 6.25% general rate on the selling price of Illinois-mined 34 coal that was sold to an eligible business. For purposes of SB607 Engrossed -65- LRB093 08429 SJM 08651 b 1 this paragraph, the term "eligible business" means a new 2 electric generating facility certified pursuant to Section 3 605-332 of the Department of Commerce and Community Affairs 4 Law of the Civil Administrative Code of Illinois. 5 Of the remainder of the moneys received by the Department 6 pursuant to this Act, 75% thereof shall be paid into the 7 State Treasury and 25% shall be reserved in a special account 8 and used only for the transfer to the Common School Fund as 9 part of the monthly transfer from the General Revenue Fund in 10 accordance with Section 8a of the State Finance Act. 11 The Department may, upon separate written notice to a 12 taxpayer, require the taxpayer to prepare and file with the 13 Department on a form prescribed by the Department within not 14 less than 60 days after receipt of the notice an annual 15 information return for the tax year specified in the notice. 16 Such annual return to the Department shall include a 17 statement of gross receipts as shown by the retailer's last 18 Federal income tax return. If the total receipts of the 19 business as reported in the Federal income tax return do not 20 agree with the gross receipts reported to the Department of 21 Revenue for the same period, the retailer shall attach to his 22 annual return a schedule showing a reconciliation of the 2 23 amounts and the reasons for the difference. The retailer's 24 annual return to the Department shall also disclose the cost 25 of goods sold by the retailer during the year covered by such 26 return, opening and closing inventories of such goods for 27 such year, costs of goods used from stock or taken from stock 28 and given away by the retailer during such year, payroll 29 information of the retailer's business during such year and 30 any additional reasonable information which the Department 31 deems would be helpful in determining the accuracy of the 32 monthly, quarterly or annual returns filed by such retailer 33 as provided for in this Section. 34 If the annual information return required by this Section SB607 Engrossed -66- LRB093 08429 SJM 08651 b 1 is not filed when and as required, the taxpayer shall be 2 liable as follows: 3 (i) Until January 1, 1994, the taxpayer shall be 4 liable for a penalty equal to 1/6 of 1% of the tax due 5 from such taxpayer under this Act during the period to be 6 covered by the annual return for each month or fraction 7 of a month until such return is filed as required, the 8 penalty to be assessed and collected in the same manner 9 as any other penalty provided for in this Act. 10 (ii) On and after January 1, 1994, the taxpayer 11 shall be liable for a penalty as described in Section 3-4 12 of the Uniform Penalty and Interest Act. 13 The chief executive officer, proprietor, owner or highest 14 ranking manager shall sign the annual return to certify the 15 accuracy of the information contained therein. Any person 16 who willfully signs the annual return containing false or 17 inaccurate information shall be guilty of perjury and 18 punished accordingly. The annual return form prescribed by 19 the Department shall include a warning that the person 20 signing the return may be liable for perjury. 21 The provisions of this Section concerning the filing of 22 an annual information return do not apply to a retailer who 23 is not required to file an income tax return with the United 24 States Government. 25 As soon as possible after the first day of each month, 26 upon certification of the Department of Revenue, the 27 Comptroller shall order transferred and the Treasurer shall 28 transfer from the General Revenue Fund to the Motor Fuel Tax 29 Fund an amount equal to 1.7% of 80% of the net revenue 30 realized under this Act for the second preceding month. 31 Beginning April 1, 2000, this transfer is no longer required 32 and shall not be made. 33 Net revenue realized for a month shall be the revenue 34 collected by the State pursuant to this Act, less the amount SB607 Engrossed -67- LRB093 08429 SJM 08651 b 1 paid out during that month as refunds to taxpayers for 2 overpayment of liability. 3 For greater simplicity of administration, manufacturers, 4 importers and wholesalers whose products are sold at retail 5 in Illinois by numerous retailers, and who wish to do so, may 6 assume the responsibility for accounting and paying to the 7 Department all tax accruing under this Act with respect to 8 such sales, if the retailers who are affected do not make 9 written objection to the Department to this arrangement. 10 Any person who promotes, organizes, provides retail 11 selling space for concessionaires or other types of sellers 12 at the Illinois State Fair, DuQuoin State Fair, county fairs, 13 local fairs, art shows, flea markets and similar exhibitions 14 or events, including any transient merchant as defined by 15 Section 2 of the Transient Merchant Act of 1987, is required 16 to file a report with the Department providing the name of 17 the merchant's business, the name of the person or persons 18 engaged in merchant's business, the permanent address and 19 Illinois Retailers Occupation Tax Registration Number of the 20 merchant, the dates and location of the event and other 21 reasonable information that the Department may require. The 22 report must be filed not later than the 20th day of the month 23 next following the month during which the event with retail 24 sales was held. Any person who fails to file a report 25 required by this Section commits a business offense and is 26 subject to a fine not to exceed $250. 27 Any person engaged in the business of selling tangible 28 personal property at retail as a concessionaire or other type 29 of seller at the Illinois State Fair, county fairs, art 30 shows, flea markets and similar exhibitions or events, or any 31 transient merchants, as defined by Section 2 of the Transient 32 Merchant Act of 1987, may be required to make a daily report 33 of the amount of such sales to the Department and to make a 34 daily payment of the full amount of tax due. The Department SB607 Engrossed -68- LRB093 08429 SJM 08651 b 1 shall impose this requirement when it finds that there is a 2 significant risk of loss of revenue to the State at such an 3 exhibition or event. Such a finding shall be based on 4 evidence that a substantial number of concessionaires or 5 other sellers who are not residents of Illinois will be 6 engaging in the business of selling tangible personal 7 property at retail at the exhibition or event, or other 8 evidence of a significant risk of loss of revenue to the 9 State. The Department shall notify concessionaires and other 10 sellers affected by the imposition of this requirement. In 11 the absence of notification by the Department, the 12 concessionaires and other sellers shall file their returns as 13 otherwise required in this Section. 14 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 15 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 16 7-1-00; 91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff. 17 6-28-01; 92-208, eff. 8-2-01; 92-484, eff. 8-23-01; 92-492, 18 eff. 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02.) 19 Section 99. Effective date. This Act takes effect on 20 July 1, 2003.