Sen. Kirk W. Dillard
Filed: 5/16/2007
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1 | AMENDMENT TO HOUSE BILL 576
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2 | AMENDMENT NO. ______. Amend House Bill 576 on page 1, by | ||||||
3 | replacing line 4 with the following:
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4 | "Section 5. The State Finance Act is amended by changing | ||||||
5 | Sections 6z-18 and 6z-20 as follows:
| ||||||
6 | (30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
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7 | Sec. 6z-18. A portion of the money paid into the Local | ||||||
8 | Government Tax
Fund from sales of food for human consumption | ||||||
9 | which is to be consumed off
the premises where it is sold | ||||||
10 | (other than alcoholic beverages, soft drinks
and food which has | ||||||
11 | been prepared for immediate consumption) and
prescription and | ||||||
12 | nonprescription medicines, drugs, medical appliances and
| ||||||
13 | insulin, urine testing materials, syringes and needles used by | ||||||
14 | diabetics,
which occurred in municipalities, shall be | ||||||
15 | distributed to each municipality
based upon the sales which | ||||||
16 | occurred in that municipality. The remainder
shall be |
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| |||||||
1 | distributed to each county based upon the sales which occurred | ||||||
2 | in
the unincorporated area of that county.
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3 | A portion of the money paid into the Local Government Tax | ||||||
4 | Fund from the
6.25% general use tax rate on the selling price | ||||||
5 | of tangible personal
property which is purchased outside | ||||||
6 | Illinois at retail from a retailer and
which is titled or | ||||||
7 | registered by any agency of this State's government
shall be | ||||||
8 | distributed to municipalities as provided in this paragraph. | ||||||
9 | Each
municipality shall receive the amount attributable to | ||||||
10 | sales for which
Illinois addresses for titling or registration | ||||||
11 | purposes are given as being
in such municipality. The remainder | ||||||
12 | of the money paid into the Local
Government Tax Fund from such | ||||||
13 | sales shall be distributed to counties. Each
county shall | ||||||
14 | receive the amount attributable to sales for which Illinois
| ||||||
15 | addresses for titling or registration purposes are given as | ||||||
16 | being located
in the unincorporated area of such county.
| ||||||
17 | A portion of the money paid into the Local Government Tax | ||||||
18 | Fund from the
6.25% general rate (and, beginning July 1, 2000 | ||||||
19 | and through December 31,
2000 and beginning again on July 1, | ||||||
20 | 2007 , the 1.25% rate on motor fuel and gasohol) on sales
| ||||||
21 | subject to taxation under the Retailers'
Occupation Tax Act and | ||||||
22 | the Service Occupation Tax Act, which occurred in
| ||||||
23 | municipalities, shall be distributed to each municipality, | ||||||
24 | based upon the
sales which occurred in that municipality. The | ||||||
25 | remainder shall be
distributed to each county, based upon the | ||||||
26 | sales which occurred in the
unincorporated area of such county.
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1 | For the purpose of determining allocation to the local | ||||||
2 | government unit, a
retail sale by a producer of coal or other | ||||||
3 | mineral mined in Illinois is a sale
at retail at the place | ||||||
4 | where the coal or other mineral mined in Illinois is
extracted | ||||||
5 | from the earth. This paragraph does not apply to coal or other
| ||||||
6 | mineral when it is delivered or shipped by the seller to the | ||||||
7 | purchaser at a
point outside Illinois so that the sale is | ||||||
8 | exempt under the United States
Constitution as a sale in | ||||||
9 | interstate or foreign commerce.
| ||||||
10 | Whenever the Department determines that a refund of money | ||||||
11 | paid into
the Local Government Tax Fund should be made to a | ||||||
12 | claimant instead of
issuing a credit memorandum, the Department | ||||||
13 | shall notify the State
Comptroller, who shall cause the order | ||||||
14 | to be drawn for the amount
specified, and to the person named, | ||||||
15 | in such notification from the
Department. Such refund shall be | ||||||
16 | paid by the State Treasurer out of the
Local Government Tax | ||||||
17 | Fund.
| ||||||
18 | On or before the 25th day of each calendar month, the | ||||||
19 | Department shall
prepare and certify to the Comptroller the | ||||||
20 | disbursement of stated sums of
money to named municipalities | ||||||
21 | and counties, the municipalities and counties
to be those | ||||||
22 | entitled to distribution of taxes or penalties paid to the
| ||||||
23 | Department during the second preceding calendar month. The | ||||||
24 | amount to be
paid to each municipality or county shall be the | ||||||
25 | amount (not including
credit memoranda) collected during the | ||||||
26 | second preceding calendar month by
the Department and paid into |
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1 | the Local Government Tax Fund, plus an amount
the Department | ||||||
2 | determines is necessary to offset any amounts which were
| ||||||
3 | erroneously paid to a different taxing body, and not including | ||||||
4 | an amount
equal to the amount of refunds made during the second | ||||||
5 | preceding calendar
month by the Department, and not including | ||||||
6 | any amount which the Department
determines is necessary to | ||||||
7 | offset any amounts which are payable to a
different taxing body | ||||||
8 | but were erroneously paid to the municipality or
county. Within | ||||||
9 | 10 days after receipt, by the Comptroller, of the
disbursement | ||||||
10 | certification to the municipalities and counties, provided for
| ||||||
11 | in this Section to be given to the Comptroller by the | ||||||
12 | Department, the
Comptroller shall cause the orders to be drawn | ||||||
13 | for the respective amounts
in accordance with the directions | ||||||
14 | contained in such certification.
| ||||||
15 | When certifying the amount of monthly disbursement to a | ||||||
16 | municipality or
county under this Section, the Department shall | ||||||
17 | increase or decrease that
amount by an amount necessary to | ||||||
18 | offset any misallocation of previous
disbursements. The offset | ||||||
19 | amount shall be the amount erroneously disbursed
within the 6 | ||||||
20 | months preceding the time a misallocation is discovered.
| ||||||
21 | The provisions directing the distributions from the | ||||||
22 | special fund in
the State Treasury provided for in this Section | ||||||
23 | shall constitute an
irrevocable and continuing appropriation | ||||||
24 | of all amounts as provided herein.
The State Treasurer and | ||||||
25 | State Comptroller are hereby authorized to make
distributions | ||||||
26 | as provided in this Section.
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1 | In construing any development, redevelopment, annexation, | ||||||
2 | preannexation
or other lawful agreement in effect prior to | ||||||
3 | September 1, 1990, which
describes or refers to receipts from a | ||||||
4 | county or municipal retailers'
occupation tax, use tax or | ||||||
5 | service occupation tax which now cannot be
imposed, such | ||||||
6 | description or reference shall be deemed to include the
| ||||||
7 | replacement revenue for such abolished taxes, distributed from | ||||||
8 | the Local
Government Tax Fund.
| ||||||
9 | (Source: P.A. 90-491, eff. 1-1-98; 91-51, eff. 6-30-99; 91-872, | ||||||
10 | eff. 7-1-00.)
| ||||||
11 | (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
| ||||||
12 | Sec. 6z-20. Of the money received from the 6.25% general | ||||||
13 | rate (and,
beginning July 1, 2000 and through December 31, 2000 | ||||||
14 | and beginning again on July 1, 2007 , the
1.25% rate on motor | ||||||
15 | fuel and gasohol) on sales
subject to taxation under the | ||||||
16 | Retailers' Occupation Tax Act and Service
Occupation Tax Act | ||||||
17 | and paid into the County and Mass Transit District Fund,
| ||||||
18 | distribution to the Regional Transportation Authority tax | ||||||
19 | fund, created
pursuant to Section 4.03 of the Regional | ||||||
20 | Transportation Authority Act, for
deposit therein shall be made | ||||||
21 | based upon the retail sales occurring in a
county having more | ||||||
22 | than 3,000,000 inhabitants. The remainder shall be
distributed | ||||||
23 | to each county having 3,000,000 or fewer inhabitants based upon
| ||||||
24 | the retail sales occurring in each such county.
| ||||||
25 | For the purpose of determining allocation to the local |
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| |||||||
1 | government unit, a
retail sale by a producer of coal or other | ||||||
2 | mineral mined in Illinois is a sale
at retail at the place | ||||||
3 | where the coal or other mineral mined in Illinois is
extracted | ||||||
4 | from the earth. This paragraph does not apply to coal or other
| ||||||
5 | mineral when it is delivered or shipped by the seller to the | ||||||
6 | purchaser at a
point outside Illinois so that the sale is | ||||||
7 | exempt under the United States
Constitution as a sale in | ||||||
8 | interstate or foreign commerce.
| ||||||
9 | Of the money received from the 6.25% general use tax rate | ||||||
10 | on tangible
personal property which is purchased outside | ||||||
11 | Illinois at retail from a
retailer and which is titled or | ||||||
12 | registered by any agency of this State's
government and paid | ||||||
13 | into the County and Mass Transit District Fund, the
amount for | ||||||
14 | which Illinois addresses for titling or registration purposes
| ||||||
15 | are given as being in each county having more than 3,000,000 | ||||||
16 | inhabitants
shall be distributed into the Regional | ||||||
17 | Transportation Authority tax fund,
created pursuant to Section | ||||||
18 | 4.03 of the Regional Transportation Authority
Act. The | ||||||
19 | remainder of the money paid from such sales shall be | ||||||
20 | distributed
to each county based on sales for which Illinois | ||||||
21 | addresses for titling or
registration purposes are given as | ||||||
22 | being located in the county. Any money
paid into the Regional | ||||||
23 | Transportation Authority Occupation and Use Tax
Replacement | ||||||
24 | Fund from the County and Mass Transit District Fund prior to
| ||||||
25 | January 14, 1991, which has not been paid to the Authority | ||||||
26 | prior to that
date, shall be transferred to the Regional |
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| |||||||
1 | Transportation Authority tax fund.
| ||||||
2 | Whenever the Department determines that a refund of money | ||||||
3 | paid into
the County and Mass Transit District Fund should be | ||||||
4 | made to a claimant
instead of issuing a credit memorandum, the | ||||||
5 | Department shall notify the
State Comptroller, who shall cause | ||||||
6 | the order to be drawn for the amount
specified, and to the | ||||||
7 | person named, in such notification from the
Department. Such | ||||||
8 | refund shall be paid by the State Treasurer out of the
County | ||||||
9 | and Mass Transit District Fund.
| ||||||
10 | On or before the 25th day of each calendar month, the | ||||||
11 | Department shall
prepare and certify to the Comptroller the | ||||||
12 | disbursement of stated sums of
money to the Regional | ||||||
13 | Transportation Authority and to named counties, the
counties to | ||||||
14 | be those entitled to distribution, as hereinabove provided, of
| ||||||
15 | taxes or penalties paid to the Department during the second | ||||||
16 | preceding
calendar month. The amount to be paid to the Regional | ||||||
17 | Transportation
Authority and each county having 3,000,000 or | ||||||
18 | fewer inhabitants shall be
the amount (not including credit | ||||||
19 | memoranda) collected during the second
preceding calendar | ||||||
20 | month by the Department and paid into the County and
Mass | ||||||
21 | Transit District Fund, plus an amount the Department determines | ||||||
22 | is
necessary to offset any amounts which were erroneously paid | ||||||
23 | to a different
taxing body, and not including an amount equal | ||||||
24 | to the amount of refunds
made during the second preceding | ||||||
25 | calendar month by the Department, and not
including any amount | ||||||
26 | which the Department determines is necessary to offset
any |
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| |||||||
1 | amounts which were payable to a different taxing body but were
| ||||||
2 | erroneously paid to the Regional Transportation Authority or | ||||||
3 | county.
Within 10 days after receipt, by the Comptroller, of | ||||||
4 | the disbursement
certification to the Regional Transportation | ||||||
5 | Authority and counties,
provided for in this Section to be | ||||||
6 | given to the Comptroller by the
Department, the Comptroller | ||||||
7 | shall cause the orders to be drawn for the
respective amounts | ||||||
8 | in accordance with the directions contained in such
| ||||||
9 | certification.
| ||||||
10 | When certifying the amount of a monthly disbursement to the | ||||||
11 | Regional
Transportation Authority or to a county under this | ||||||
12 | Section, the Department
shall increase or decrease that amount | ||||||
13 | by an amount necessary to offset any
misallocation of previous | ||||||
14 | disbursements. The offset amount shall be the
amount | ||||||
15 | erroneously disbursed within the 6 months preceding the time a
| ||||||
16 | misallocation is discovered.
| ||||||
17 | The provisions directing the distributions from the | ||||||
18 | special fund in
the State Treasury provided for in this Section | ||||||
19 | and from the Regional
Transportation Authority tax fund created | ||||||
20 | by Section 4.03 of the Regional
Transportation Authority Act | ||||||
21 | shall constitute an irrevocable and continuing
appropriation | ||||||
22 | of all amounts as provided herein. The State Treasurer and
| ||||||
23 | State Comptroller are hereby authorized to make distributions | ||||||
24 | as provided
in this Section.
| ||||||
25 | In construing any development, redevelopment, annexation, | ||||||
26 | preannexation
or other lawful agreement in effect prior to |
| |||||||
| |||||||
1 | September 1, 1990, which
describes or refers to receipts from a | ||||||
2 | county or municipal retailers'
occupation tax, use tax or | ||||||
3 | service occupation tax which now cannot be
imposed, such | ||||||
4 | description or reference shall be deemed to include the
| ||||||
5 | replacement revenue for such abolished taxes, distributed from | ||||||
6 | the County
and Mass Transit District Fund or Local Government | ||||||
7 | Distributive Fund, as
the case may be.
| ||||||
8 | (Source: P.A. 90-491, eff. 1-1-98; 91-872, eff. 7-1-00.)
| ||||||
9 | Section 10. The Use Tax Act is amended by changing Sections | ||||||
10 | 3-10 and 9 as follows:
| ||||||
11 | (35 ILCS 105/3-10) (from Ch. 120, par. 439.3-10)
| ||||||
12 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
13 | Section, the tax
imposed by this Act is at the rate of 6.25% of | ||||||
14 | either the selling price or the
fair market value, if any, of | ||||||
15 | the tangible personal property. In all cases
where property | ||||||
16 | functionally used or consumed is the same as the property that
| ||||||
17 | was purchased at retail, then the tax is imposed on the selling | ||||||
18 | price of the
property. In all cases where property functionally | ||||||
19 | used or consumed is a
by-product or waste product that has been | ||||||
20 | refined, manufactured, or produced
from property purchased at | ||||||
21 | retail, then the tax is imposed on the lower of the
fair market | ||||||
22 | value, if any, of the specific property so used in this State | ||||||
23 | or on
the selling price of the property purchased at retail. | ||||||
24 | For purposes of this
Section "fair market value" means the |
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| |||||||
1 | price at which property would change
hands between a willing | ||||||
2 | buyer and a willing seller, neither being under any
compulsion | ||||||
3 | to buy or sell and both having reasonable knowledge of the
| ||||||
4 | relevant facts. The fair market value shall be established by | ||||||
5 | Illinois sales by
the taxpayer of the same property as that | ||||||
6 | functionally used or consumed, or if
there are no such sales by | ||||||
7 | the taxpayer, then comparable sales or purchases of
property of | ||||||
8 | like kind and character in Illinois.
| ||||||
9 | Beginning on July 1, 2000 and through December 31, 2000 and | ||||||
10 | beginning again July 1, 2007 , with respect to
motor fuel, as | ||||||
11 | defined in Section 1.1 of the Motor Fuel Tax
Law, and gasohol, | ||||||
12 | as defined in Section 3-40 of the Use Tax Act, the tax is
| ||||||
13 | imposed at the rate of 1.25%.
| ||||||
14 | With respect to gasohol, the tax imposed by this Act | ||||||
15 | applies to (i) 70%
of the proceeds of sales made on or after | ||||||
16 | January 1, 1990, and before
July 1, 2003, (ii) 80% of the | ||||||
17 | proceeds of sales made
on or after July 1, 2003 and on or | ||||||
18 | before December 31, 2013, and (iii) 100% of the proceeds of | ||||||
19 | sales made
thereafter.
If, at any time, however, the tax under | ||||||
20 | this Act on sales of gasohol is
imposed at the
rate of 1.25%, | ||||||
21 | then the tax imposed by this Act applies to 100% of the | ||||||
22 | proceeds
of sales of gasohol made during that time.
| ||||||
23 | With respect to majority blended ethanol fuel, the tax | ||||||
24 | imposed by this Act
does
not apply
to the proceeds of sales | ||||||
25 | made on or after July 1, 2003 and on or before
December
31, | ||||||
26 | 2013 but applies to 100% of the proceeds of sales made |
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| |||||||
1 | thereafter.
| ||||||
2 | With respect to biodiesel blends with no less than 1% and | ||||||
3 | no more than 10%
biodiesel, the tax imposed by this Act applies | ||||||
4 | to (i) 80% of the
proceeds of sales made on or after July 1, | ||||||
5 | 2003 and on or before December 31,
2013 and (ii) 100% of the | ||||||
6 | proceeds of sales made
thereafter.
If, at any time, however, | ||||||
7 | the tax under this Act on sales of biodiesel blends
with no | ||||||
8 | less than 1% and no more than 10% biodiesel
is imposed at the | ||||||
9 | rate of
1.25%, then the
tax imposed by this Act applies to 100% | ||||||
10 | of the proceeds of sales of biodiesel
blends with no less than | ||||||
11 | 1% and no more than 10% biodiesel
made
during that time.
| ||||||
12 | With respect to 100% biodiesel and biodiesel blends with | ||||||
13 | more than 10%
but no more than 99% biodiesel, the tax imposed | ||||||
14 | by this Act does not apply to
the
proceeds of sales made on or | ||||||
15 | after July 1, 2003 and on or before
December 31, 2013 but | ||||||
16 | applies to 100% of the proceeds of sales made
thereafter.
| ||||||
17 | With respect to food for human consumption that is to be | ||||||
18 | consumed off the
premises where it is sold (other than | ||||||
19 | alcoholic beverages, soft drinks, and
food that has been | ||||||
20 | prepared for immediate consumption) and prescription and
| ||||||
21 | nonprescription medicines, drugs, medical appliances, | ||||||
22 | modifications to a motor
vehicle for the purpose of rendering | ||||||
23 | it usable by a disabled person, and
insulin, urine testing | ||||||
24 | materials, syringes, and needles used by diabetics, for
human | ||||||
25 | use, the tax is imposed at the rate of 1%. For the purposes of | ||||||
26 | this
Section, the term "soft drinks" means any complete, |
| |||||||
| |||||||
1 | finished, ready-to-use,
non-alcoholic drink, whether | ||||||
2 | carbonated or not, including but not limited to
soda water, | ||||||
3 | cola, fruit juice, vegetable juice, carbonated water, and all | ||||||
4 | other
preparations commonly known as soft drinks of whatever | ||||||
5 | kind or description that
are contained in any closed or sealed | ||||||
6 | bottle, can, carton, or container,
regardless of size. "Soft | ||||||
7 | drinks" does not include coffee, tea, non-carbonated
water, | ||||||
8 | infant formula, milk or milk products as defined in the Grade A
| ||||||
9 | Pasteurized Milk and Milk Products Act, or drinks containing | ||||||
10 | 50% or more
natural fruit or vegetable juice.
| ||||||
11 | Notwithstanding any other provisions of this
Act, "food for | ||||||
12 | human consumption that is to be consumed off the premises where
| ||||||
13 | it is sold" includes all food sold through a vending machine, | ||||||
14 | except soft
drinks and food products that are dispensed hot | ||||||
15 | from a vending machine,
regardless of the location of the | ||||||
16 | vending machine.
| ||||||
17 | If the property that is purchased at retail from a retailer | ||||||
18 | is acquired
outside Illinois and used outside Illinois before | ||||||
19 | being brought to Illinois
for use here and is taxable under | ||||||
20 | this Act, the "selling price" on which
the tax is computed | ||||||
21 | shall be reduced by an amount that represents a
reasonable | ||||||
22 | allowance for depreciation for the period of prior out-of-state | ||||||
23 | use.
| ||||||
24 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
25 | Section 15. The Service Use Tax Act is amended by changing |
| |||||||
| |||||||
1 | Sections 3-10 and 9 as follows:
| ||||||
2 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
3 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
4 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
5 | the selling
price of tangible personal property transferred as | ||||||
6 | an incident to the sale
of service, but, for the purpose of | ||||||
7 | computing this tax, in no event shall
the selling price be less | ||||||
8 | than the cost price of the property to the
serviceman.
| ||||||
9 | Beginning on July 1, 2000 and through December 31, 2000 and | ||||||
10 | beginning again on July 1, 2007 , with respect to
motor fuel, as | ||||||
11 | defined in Section 1.1 of the Motor Fuel Tax
Law, and gasohol, | ||||||
12 | as defined in Section 3-40 of the Use Tax Act, the tax is
| ||||||
13 | imposed at
the rate of 1.25%.
| ||||||
14 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
15 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
16 | of property transferred
as an incident to the sale of service | ||||||
17 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
18 | of the selling price of
property transferred as an incident to | ||||||
19 | the sale of service on or after July
1, 2003 and on or before | ||||||
20 | December 31, 2013, and (iii)
100% of the selling price | ||||||
21 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
22 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
23 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
24 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
25 | With respect to majority blended ethanol fuel, as defined |
| |||||||
| |||||||
1 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
2 | to the selling price of property transferred
as an incident to | ||||||
3 | the sale of service on or after July 1, 2003 and on or before
| ||||||
4 | December 31, 2013 but applies to 100% of the selling price | ||||||
5 | thereafter.
| ||||||
6 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
7 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
8 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
9 | of property transferred as an incident
to the sale of service | ||||||
10 | on or after July 1, 2003 and on or before December 31,
2013 and | ||||||
11 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
12 | at any time, however, the tax under this Act on sales of | ||||||
13 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
14 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
15 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
16 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
17 | and no more than 10% biodiesel
made
during that time.
| ||||||
18 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
19 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
20 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
21 | by this Act
does not apply to the proceeds of the selling price | ||||||
22 | of property transferred
as an incident to the sale of service | ||||||
23 | on or after July 1, 2003 and on or before
December 31, 2013 but | ||||||
24 | applies to 100% of the selling price thereafter.
| ||||||
25 | At the election of any registered serviceman made for each | ||||||
26 | fiscal year,
sales of service in which the aggregate annual |
| |||||||
| |||||||
1 | cost price of tangible
personal property transferred as an | ||||||
2 | incident to the sales of service is
less than 35%, or 75% in | ||||||
3 | the case of servicemen transferring prescription
drugs or | ||||||
4 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
5 | annual total gross receipts from all sales of service, the tax | ||||||
6 | imposed by
this Act shall be based on the serviceman's cost | ||||||
7 | price of the tangible
personal property transferred as an | ||||||
8 | incident to the sale of those services.
| ||||||
9 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
10 | for
immediate consumption and transferred incident to a sale of | ||||||
11 | service subject
to this Act or the Service Occupation Tax Act | ||||||
12 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
13 | Nursing Home Care Act, or the
Child Care
Act of 1969. The tax | ||||||
14 | shall
also be imposed at the rate of 1% on food for human | ||||||
15 | consumption that is to be
consumed off the premises where it is | ||||||
16 | sold (other than alcoholic beverages,
soft drinks, and food | ||||||
17 | that has been prepared for immediate consumption and is
not | ||||||
18 | otherwise included in this paragraph) and prescription and | ||||||
19 | nonprescription
medicines, drugs, medical appliances, | ||||||
20 | modifications to a motor vehicle for the
purpose of rendering | ||||||
21 | it usable by a disabled person, and insulin, urine testing
| ||||||
22 | materials,
syringes, and needles used by diabetics, for
human | ||||||
23 | use. For the purposes of this Section, the term "soft drinks" | ||||||
24 | means any
complete, finished, ready-to-use, non-alcoholic | ||||||
25 | drink, whether carbonated or
not, including but not limited to | ||||||
26 | soda water, cola, fruit juice, vegetable
juice, carbonated |
| |||||||
| |||||||
1 | water, and all other preparations commonly known as soft
drinks | ||||||
2 | of whatever kind or description that are contained in any | ||||||
3 | closed or
sealed bottle, can, carton, or container, regardless | ||||||
4 | of size. "Soft drinks"
does not include coffee, tea, | ||||||
5 | non-carbonated water, infant formula, milk or
milk products as | ||||||
6 | defined in the Grade A Pasteurized Milk and Milk Products Act,
| ||||||
7 | or drinks containing 50% or more natural fruit or vegetable | ||||||
8 | juice.
| ||||||
9 | Notwithstanding any other provisions of this Act, "food for | ||||||
10 | human
consumption that is to be consumed off the premises where | ||||||
11 | it is sold" includes
all food sold through a vending machine, | ||||||
12 | except soft drinks and food products
that are dispensed hot | ||||||
13 | from a vending machine, regardless of the location of
the | ||||||
14 | vending machine.
| ||||||
15 | If the property that is acquired from a serviceman is | ||||||
16 | acquired outside
Illinois and used outside Illinois before | ||||||
17 | being brought to Illinois for use
here and is taxable under | ||||||
18 | this Act, the "selling price" on which the tax
is computed | ||||||
19 | shall be reduced by an amount that represents a reasonable
| ||||||
20 | allowance for depreciation for the period of prior out-of-state | ||||||
21 | use.
| ||||||
22 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
23 | Section 20. The Service Occupation Tax Act is amended by | ||||||
24 | changing Sections 3-10 and 9 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
2 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
3 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
4 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
5 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
6 | computing this tax, in no event
shall the "selling price" be | ||||||
7 | less than the cost price to the serviceman of
the tangible | ||||||
8 | personal property transferred. The selling price of each item
| ||||||
9 | of tangible personal property transferred as an incident of a | ||||||
10 | sale of
service may be shown as a distinct and separate item on | ||||||
11 | the serviceman's
billing to the service customer. If the | ||||||
12 | selling price is not so shown, the
selling price of the | ||||||
13 | tangible personal property is deemed to be 50% of the
| ||||||
14 | serviceman's entire billing to the service customer. When, | ||||||
15 | however, a
serviceman contracts to design, develop, and produce | ||||||
16 | special order machinery or
equipment, the tax imposed by this | ||||||
17 | Act shall be based on the serviceman's
cost price of the | ||||||
18 | tangible personal property transferred incident to the
| ||||||
19 | completion of the contract.
| ||||||
20 | Beginning on July 1, 2000 and through December 31, 2000 and | ||||||
21 | beginning again on July 1, 2007 , with respect to
motor fuel, as | ||||||
22 | defined in Section 1.1 of the Motor Fuel Tax
Law, and gasohol, | ||||||
23 | as defined in Section 3-40 of the Use Tax Act, the tax is
| ||||||
24 | imposed at
the rate of 1.25%.
| ||||||
25 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
26 | tax imposed
by this Act shall apply to (i) 70% of the cost |
| |||||||
| |||||||
1 | price of property
transferred as
an incident to the sale of | ||||||
2 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
3 | (ii) 80% of the selling price of property transferred as an
| ||||||
4 | incident to the sale of service on or after July
1, 2003 and on | ||||||
5 | or before December 31, 2013, and (iii) 100%
of
the cost price
| ||||||
6 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
7 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
8 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
9 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
10 | With respect to majority blended ethanol fuel, as defined | ||||||
11 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
12 | to the selling price of property transferred
as an incident to | ||||||
13 | the sale of service on or after July 1, 2003 and on or before
| ||||||
14 | December 31, 2013 but applies to 100% of the selling price | ||||||
15 | thereafter.
| ||||||
16 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
17 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
18 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
19 | of property transferred as an incident
to the sale of service | ||||||
20 | on or after July 1, 2003 and on or before December 31,
2013 and | ||||||
21 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
22 | at any time, however, the tax under this Act on sales of | ||||||
23 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
24 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
25 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
26 | the proceeds of sales of biodiesel
blends with no less than 1% |
| |||||||
| |||||||
1 | and no more than 10% biodiesel
made
during that time.
| ||||||
2 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
3 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
4 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
5 | imposed by this
Act
does not apply to the proceeds of the | ||||||
6 | selling price of property transferred
as an incident to the | ||||||
7 | sale of service on or after July 1, 2003 and on or before
| ||||||
8 | December 31, 2013 but applies to 100% of the selling price | ||||||
9 | thereafter.
| ||||||
10 | At the election of any registered serviceman made for each | ||||||
11 | fiscal year,
sales of service in which the aggregate annual | ||||||
12 | cost price of tangible
personal property transferred as an | ||||||
13 | incident to the sales of service is
less than 35%, or 75% in | ||||||
14 | the case of servicemen transferring prescription
drugs or | ||||||
15 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
16 | annual total gross receipts from all sales of service, the tax | ||||||
17 | imposed by
this Act shall be based on the serviceman's cost | ||||||
18 | price of the tangible
personal property transferred incident to | ||||||
19 | the sale of those services.
| ||||||
20 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
21 | for
immediate consumption and transferred incident to a sale of | ||||||
22 | service subject
to this Act or the Service Occupation Tax Act | ||||||
23 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
24 | Nursing Home Care Act, or the
Child Care Act of 1969. The tax | ||||||
25 | shall
also be imposed at the rate of 1% on food for human | ||||||
26 | consumption that is
to be consumed off the
premises where it is |
| |||||||
| |||||||
1 | sold (other than alcoholic beverages, soft drinks, and
food | ||||||
2 | that has been prepared for immediate consumption and is not
| ||||||
3 | otherwise included in this paragraph) and prescription and
| ||||||
4 | nonprescription medicines, drugs, medical appliances, | ||||||
5 | modifications to a motor
vehicle for the purpose of rendering | ||||||
6 | it usable by a disabled person, and
insulin, urine testing | ||||||
7 | materials, syringes, and needles used by diabetics, for
human | ||||||
8 | use. For the purposes of this Section, the term "soft drinks" | ||||||
9 | means any
complete, finished, ready-to-use, non-alcoholic | ||||||
10 | drink, whether carbonated or
not, including but not limited to | ||||||
11 | soda water, cola, fruit juice, vegetable
juice, carbonated | ||||||
12 | water, and all other preparations commonly known as soft
drinks | ||||||
13 | of whatever kind or description that are contained in any | ||||||
14 | closed or
sealed can, carton, or container, regardless of size. | ||||||
15 | "Soft drinks" does not
include coffee, tea, non-carbonated | ||||||
16 | water, infant formula, milk or milk
products as defined in the | ||||||
17 | Grade A Pasteurized Milk and Milk Products Act, or
drinks | ||||||
18 | containing 50% or more natural fruit or vegetable juice.
| ||||||
19 | Notwithstanding any other provisions of this Act, "food for | ||||||
20 | human consumption
that is to be consumed off the premises where | ||||||
21 | it is sold" includes all food
sold through a vending machine, | ||||||
22 | except soft drinks and food products that are
dispensed hot | ||||||
23 | from a vending machine, regardless of the location of the | ||||||
24 | vending
machine.
| ||||||
25 | (Source: P.A. 93-17, eff. 6-11-03.)
|
| |||||||
| |||||||
1 | Section 25. The Retailers' Occupation Tax Act is amended by | ||||||
2 | changing Sections 2-10 and 3 as follows:
| ||||||
3 | (35 ILCS 120/2-10) (from Ch. 120, par. 441-10)
| ||||||
4 | Sec. 2-10. Rate of tax. Unless otherwise provided in this | ||||||
5 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
6 | gross receipts
from sales of tangible personal property made in | ||||||
7 | the course of business.
| ||||||
8 | Beginning on July 1, 2000 and through December 31, 2000 and | ||||||
9 | beginning again on July 1, 2007 , with respect to
motor fuel, as | ||||||
10 | defined in Section 1.1 of the Motor Fuel Tax
Law, and gasohol, | ||||||
11 | as defined in Section 3-40 of the Use Tax Act, the tax is
| ||||||
12 | imposed at the rate of 1.25%.
| ||||||
13 | Within 14 days after the effective date of this amendatory | ||||||
14 | Act of the 91st
General Assembly, each retailer of motor fuel | ||||||
15 | and gasohol shall cause the
following notice to be posted in a | ||||||
16 | prominently visible place on each retail
dispensing device that | ||||||
17 | is used to dispense motor
fuel or gasohol in the State of | ||||||
18 | Illinois: "As of July 1, 2000, the State of
Illinois has | ||||||
19 | eliminated the State's share of sales tax on motor fuel and
| ||||||
20 | gasohol through December 31, 2000. The price on this pump | ||||||
21 | should reflect the
elimination of the tax." The notice shall be | ||||||
22 | printed in bold print on a sign
that is no smaller than 4 | ||||||
23 | inches by 8 inches. The sign shall be clearly
visible to | ||||||
24 | customers. Any retailer who fails to post or maintain a | ||||||
25 | required
sign through December 31, 2000 is guilty of a petty |
| |||||||
| |||||||
1 | offense for which the fine
shall be $500 per day per each | ||||||
2 | retail premises where a violation occurs.
| ||||||
3 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
4 | tax imposed
by this Act applies to (i) 70% of the proceeds of | ||||||
5 | sales made on or after
January 1, 1990, and before July 1, | ||||||
6 | 2003, (ii) 80% of the proceeds of
sales made on or after July | ||||||
7 | 1, 2003 and on or before December 31,
2013, and (iii) 100% of | ||||||
8 | the proceeds of sales
made thereafter.
If, at any time, | ||||||
9 | however, the tax under this Act on sales of gasohol, as
defined | ||||||
10 | in
the Use Tax Act, is imposed at the rate of 1.25%, then the
| ||||||
11 | tax imposed by this Act applies to 100% of the proceeds of | ||||||
12 | sales of gasohol
made during that time.
| ||||||
13 | With respect to majority blended ethanol fuel, as defined | ||||||
14 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
15 | to the proceeds of sales made on or after
July 1, 2003 and on or | ||||||
16 | before December 31, 2013 but applies to 100% of the
proceeds of | ||||||
17 | sales made thereafter.
| ||||||
18 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
19 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
20 | tax imposed by this Act
applies to (i) 80% of the proceeds of | ||||||
21 | sales made on or after July 1, 2003
and on or before December | ||||||
22 | 31, 2013 and (ii) 100% of the
proceeds of sales made | ||||||
23 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
24 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
25 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
26 | the rate of 1.25%, then the
tax imposed by this Act applies to |
| |||||||
| |||||||
1 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
2 | than 1% and no more than 10% biodiesel
made
during that time.
| ||||||
3 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
4 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
5 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
6 | by this Act
does not apply to the proceeds of sales made on or | ||||||
7 | after July 1, 2003
and on or before December 31, 2013 but | ||||||
8 | applies to 100% of the
proceeds of sales made thereafter.
| ||||||
9 | With respect to food for human consumption that is to be | ||||||
10 | consumed off the
premises where it is sold (other than | ||||||
11 | alcoholic beverages, soft drinks, and
food that has been | ||||||
12 | prepared for immediate consumption) and prescription and
| ||||||
13 | nonprescription medicines, drugs, medical appliances, | ||||||
14 | modifications to a motor
vehicle for the purpose of rendering | ||||||
15 | it usable by a disabled person, and
insulin, urine testing | ||||||
16 | materials, syringes, and needles used by diabetics, for
human | ||||||
17 | use, the tax is imposed at the rate of 1%. For the purposes of | ||||||
18 | this
Section, the term "soft drinks" means any complete, | ||||||
19 | finished, ready-to-use,
non-alcoholic drink, whether | ||||||
20 | carbonated or not, including but not limited to
soda water, | ||||||
21 | cola, fruit juice, vegetable juice, carbonated water, and all | ||||||
22 | other
preparations commonly known as soft drinks of whatever | ||||||
23 | kind or description that
are contained in any closed or sealed | ||||||
24 | bottle, can, carton, or container,
regardless of size. "Soft | ||||||
25 | drinks" does not include coffee, tea, non-carbonated
water, | ||||||
26 | infant formula, milk or milk products as defined in the Grade A
|
| |||||||
| |||||||
1 | Pasteurized Milk and Milk Products Act, or drinks containing | ||||||
2 | 50% or more
natural fruit or vegetable juice.
| ||||||
3 | Notwithstanding any other provisions of this
Act, "food for | ||||||
4 | human consumption that is to be consumed off the premises where
| ||||||
5 | it is sold" includes all food sold through a vending machine, | ||||||
6 | except soft
drinks and food products that are dispensed hot | ||||||
7 | from a vending machine,
regardless of the location of the | ||||||
8 | vending machine.
| ||||||
9 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
10 | Section 30. The Property Tax Code is amended by changing"; | ||||||
11 | and | ||||||
12 | on page 18, immediately below line 25, by inserting the | ||||||
13 | following: | ||||||
14 | "Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|