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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | ||||||||||||||||||||||||||||||||||||
5 | Section 8.25f as follows:
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6 | (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f)
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7 | Sec. 8.25f. McCormick Place Expansion Project Fund.
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8 | (a) Deposits. The following amounts shall be deposited into | ||||||||||||||||||||||||||||||||||||
9 | the
McCormick Place Expansion Project Fund in the State | ||||||||||||||||||||||||||||||||||||
10 | Treasury: (i) the
moneys required to be deposited into the Fund | ||||||||||||||||||||||||||||||||||||
11 | under Section 9 of the Use
Tax Act, Section 9 of the Service | ||||||||||||||||||||||||||||||||||||
12 | Occupation Tax Act, Section 9 of the
Service Use Tax Act, and | ||||||||||||||||||||||||||||||||||||
13 | Section 3 of the Retailers' Occupation Tax Act and
(ii) the | ||||||||||||||||||||||||||||||||||||
14 | moneys required to be deposited into the Fund under Section 13 | ||||||||||||||||||||||||||||||||||||
15 | of
the Metropolitan Pier and Exposition Authority Act. | ||||||||||||||||||||||||||||||||||||
16 | Notwithstanding the
foregoing, the maximum amount that may be | ||||||||||||||||||||||||||||||||||||
17 | deposited into the McCormick
Place Expansion Project Fund from | ||||||||||||||||||||||||||||||||||||
18 | item (i) shall not exceed the Total Deposit
following
amounts | ||||||||||||||||||||||||||||||||||||
19 | with respect to the following fiscal years:
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17 | Provided that all amounts deposited in the Fund and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | requested in the
Authority's certificate have been paid to the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Authority, all amounts
remaining in the McCormick Place | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Expansion Project Fund on the last day of
any month shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | transferred to the General Revenue Fund.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | (b) Authority certificate. Beginning with fiscal year 1994 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | and
continuing for each fiscal year thereafter, the Chairman of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | the
Metropolitan Pier and Exposition Authority shall annually | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | certify to the
State Comptroller and the State Treasurer the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | amount necessary and
required, during the fiscal year with |
| |||||||
| |||||||
1 | respect to which the certification is
made, to pay the debt | ||||||
2 | service requirements (including amounts to be paid
with respect | ||||||
3 | to arrangements to provide additional security or liquidity)
on | ||||||
4 | all outstanding bonds and notes, including refunding bonds,
| ||||||
5 | (collectively referred to as "bonds") in an amount issued by | ||||||
6 | the Authority
pursuant to Section 13.2 of the Metropolitan Pier | ||||||
7 | and Exposition Authority
Act. The certificate may be amended | ||||||
8 | from time to time as necessary.
| ||||||
9 | (Source: P.A. 91-101, eff. 7-12-99; 92-208, eff. 8-2-01.)
| ||||||
10 | Section 10. The Use Tax Act is amended by changing Section | ||||||
11 | 9 as follows:
| ||||||
12 | (35 ILCS 105/9) (from Ch. 120, par. 439.9)
| ||||||
13 | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||||||
14 | and
trailers that are required to be registered with an agency | ||||||
15 | of this State,
each retailer
required or authorized to collect | ||||||
16 | the tax imposed by this Act shall pay
to the Department the | ||||||
17 | amount of such tax (except as otherwise provided)
at the time | ||||||
18 | when he is required to file his return for the period during
| ||||||
19 | which such tax was collected, less a discount of 2.1% prior to
| ||||||
20 | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||||||
21 | per calendar
year, whichever is greater, which is allowed to | ||||||
22 | reimburse the retailer
for expenses incurred in collecting the | ||||||
23 | tax, keeping records, preparing
and filing returns, remitting | ||||||
24 | the tax and supplying data to the
Department on request. In the |
| |||||||
| |||||||
1 | case of retailers who report and pay the
tax on a transaction | ||||||
2 | by transaction basis, as provided in this Section,
such | ||||||
3 | discount shall be taken with each such tax remittance instead | ||||||
4 | of
when such retailer files his periodic return. A retailer | ||||||
5 | need not remit
that part of any tax collected by him to the | ||||||
6 | extent that he is required
to remit and does remit the tax | ||||||
7 | imposed by the Retailers' Occupation
Tax Act, with respect to | ||||||
8 | the sale of the same property.
| ||||||
9 | Where such tangible personal property is sold under a | ||||||
10 | conditional
sales contract, or under any other form of sale | ||||||
11 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
12 | extended beyond the close of
the period for which the return is | ||||||
13 | filed, the retailer, in collecting
the tax (except as to motor | ||||||
14 | vehicles, watercraft, aircraft, and
trailers that are required | ||||||
15 | to be registered with an agency of this State),
may collect for | ||||||
16 | each
tax return period, only the tax applicable to that part of | ||||||
17 | the selling
price actually received during such tax return | ||||||
18 | period.
| ||||||
19 | Except as provided in this Section, on or before the | ||||||
20 | twentieth day of each
calendar month, such retailer shall file | ||||||
21 | a return for the preceding
calendar month. Such return shall be | ||||||
22 | filed on forms prescribed by the
Department and shall furnish | ||||||
23 | such information as the Department may
reasonably require.
| ||||||
24 | The Department may require returns to be filed on a | ||||||
25 | quarterly basis.
If so required, a return for each calendar | ||||||
26 | quarter shall be filed on or
before the twentieth day of the |
| |||||||
| |||||||
1 | calendar month following the end of such
calendar quarter. The | ||||||
2 | taxpayer shall also file a return with the
Department for each | ||||||
3 | of the first two months of each calendar quarter, on or
before | ||||||
4 | the twentieth day of the following calendar month, stating:
| ||||||
5 | 1. The name of the seller;
| ||||||
6 | 2. The address of the principal place of business from | ||||||
7 | which he engages
in the business of selling tangible | ||||||
8 | personal property at retail in this State;
| ||||||
9 | 3. The total amount of taxable receipts received by him | ||||||
10 | during the
preceding calendar month from sales of tangible | ||||||
11 | personal property by him
during such preceding calendar | ||||||
12 | month, including receipts from charge and
time sales, but | ||||||
13 | less all deductions allowed by law;
| ||||||
14 | 4. The amount of credit provided in Section 2d of this | ||||||
15 | 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 Department | ||||||
19 | 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 be | ||||||
23 | due on the return shall be deemed assessed.
| ||||||
24 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
25 | monthly tax
liability of $150,000 or more shall make all | ||||||
26 | payments required by rules of the
Department by electronic |
| |||||||
| |||||||
1 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
2 | an average monthly tax liability of $100,000 or more shall make | ||||||
3 | all
payments required by rules of the Department by electronic | ||||||
4 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
5 | an average monthly tax liability
of $50,000 or more shall make | ||||||
6 | all payments required by rules of the Department
by electronic | ||||||
7 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
8 | an annual tax liability of $200,000 or more shall make all | ||||||
9 | payments required by
rules of the Department by electronic | ||||||
10 | funds transfer. The term "annual tax
liability" shall be the | ||||||
11 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
12 | other State and local occupation and use tax laws administered | ||||||
13 | by the
Department, for the immediately preceding calendar year. | ||||||
14 | The term "average
monthly tax liability" means
the sum of the | ||||||
15 | taxpayer's liabilities under this Act, and under all other | ||||||
16 | State
and local occupation and use tax laws administered by the | ||||||
17 | Department, for the
immediately preceding calendar year | ||||||
18 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
19 | a tax liability in the
amount set forth in subsection (b) of | ||||||
20 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
21 | all payments required by rules of the Department by
electronic | ||||||
22 | funds transfer.
| ||||||
23 | Before August 1 of each year beginning in 1993, the | ||||||
24 | Department shall notify
all taxpayers required to make payments | ||||||
25 | by electronic funds transfer. All
taxpayers required to make | ||||||
26 | payments by electronic funds transfer shall make
those payments |
| |||||||
| |||||||
1 | for a minimum of one year beginning on October 1.
| ||||||
2 | Any taxpayer not required to make payments by electronic | ||||||
3 | funds transfer may
make payments by electronic funds transfer | ||||||
4 | with the permission of the
Department.
| ||||||
5 | All taxpayers required to make payment by electronic funds | ||||||
6 | transfer and any
taxpayers authorized to voluntarily make | ||||||
7 | payments by electronic funds transfer
shall make those payments | ||||||
8 | in the manner authorized by the Department.
| ||||||
9 | The Department shall adopt such rules as are necessary to | ||||||
10 | effectuate a
program of electronic funds transfer and the | ||||||
11 | requirements of this Section.
| ||||||
12 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
13 | tax liability
to the Department
under this Act, the Retailers' | ||||||
14 | Occupation Tax Act, the Service
Occupation Tax Act, the Service | ||||||
15 | Use Tax Act was $10,000 or more
during
the preceding 4 complete | ||||||
16 | calendar quarters, he shall file a return with the
Department | ||||||
17 | each month by the 20th day of the month next following the | ||||||
18 | month
during which such tax liability is incurred and shall | ||||||
19 | make payments to the
Department on or before the 7th, 15th, | ||||||
20 | 22nd and last day of the month
during which such liability is | ||||||
21 | incurred.
On and after October 1, 2000, if the taxpayer's | ||||||
22 | average monthly tax liability
to the Department under this Act, | ||||||
23 | the Retailers' Occupation Tax Act,
the
Service Occupation Tax | ||||||
24 | Act, and the Service Use Tax Act was $20,000 or more
during the | ||||||
25 | preceding 4 complete calendar quarters, he shall file a return | ||||||
26 | with
the Department each month by the 20th day of the month |
| |||||||
| |||||||
1 | next following the month
during which such tax liability is | ||||||
2 | incurred and shall make payment to the
Department on or before | ||||||
3 | the 7th, 15th, 22nd and last day of the
month during
which such | ||||||
4 | liability is incurred.
If the month during which such tax
| ||||||
5 | liability is incurred began prior to January 1, 1985, each | ||||||
6 | payment shall be
in an amount equal to 1/4 of the taxpayer's
| ||||||
7 | actual liability for the month or an amount set by the | ||||||
8 | Department not to
exceed 1/4 of the average monthly liability | ||||||
9 | of the taxpayer to the
Department for the preceding 4 complete | ||||||
10 | calendar quarters (excluding the
month of highest liability and | ||||||
11 | the month of lowest liability in such 4
quarter period). If the | ||||||
12 | month during which such tax liability is incurred
begins on or | ||||||
13 | after January 1, 1985, and prior to January 1, 1987, each
| ||||||
14 | payment shall be in an amount equal to 22.5% of the taxpayer's | ||||||
15 | actual liability
for the month or 27.5% of the taxpayer's | ||||||
16 | liability for the same calendar
month of the preceding year. If | ||||||
17 | the month during which such tax liability
is incurred begins on | ||||||
18 | or after January 1, 1987, and prior to January 1,
1988, each | ||||||
19 | payment shall be in an amount equal to 22.5% of the taxpayer's
| ||||||
20 | actual liability for the month or 26.25% of the taxpayer's | ||||||
21 | liability for
the same calendar month of the preceding year. If | ||||||
22 | the month during which such
tax liability is incurred begins on | ||||||
23 | or after January 1, 1988, and prior to
January 1, 1989,
or | ||||||
24 | begins on or after January 1, 1996, each payment shall be in an | ||||||
25 | amount equal
to 22.5% of the taxpayer's actual liability for | ||||||
26 | the month or 25% of the
taxpayer's liability for the same |
| |||||||
| |||||||
1 | calendar month of the preceding year. If the
month during which | ||||||
2 | such tax liability is incurred begins on or after January 1,
| ||||||
3 | 1989,
and prior to January 1, 1996, each payment shall be in an | ||||||
4 | amount equal to 22.5%
of the taxpayer's actual liability for | ||||||
5 | the month or 25% of the taxpayer's
liability for the same | ||||||
6 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
7 | actual liability for the quarter monthly reporting period. The
| ||||||
8 | amount of such quarter monthly payments shall be credited | ||||||
9 | against the final tax
liability
of the taxpayer's return for | ||||||
10 | that month. Before October 1, 2000, once
applicable, the | ||||||
11 | requirement
of the making of quarter monthly payments to the | ||||||
12 | Department shall continue
until such taxpayer's average | ||||||
13 | monthly liability to the Department during
the preceding 4 | ||||||
14 | complete calendar quarters (excluding the month of highest
| ||||||
15 | liability and the month of lowest liability) is less than
| ||||||
16 | $9,000, or until
such taxpayer's average monthly liability to | ||||||
17 | the Department as computed for
each calendar quarter of the 4 | ||||||
18 | preceding complete calendar quarter period
is less than | ||||||
19 | $10,000. However, if a taxpayer can show the
Department that
a | ||||||
20 | substantial change in the taxpayer's business has occurred | ||||||
21 | which causes
the taxpayer to anticipate that his average | ||||||
22 | monthly tax liability for the
reasonably foreseeable future | ||||||
23 | will fall below the $10,000 threshold
stated above, then
such | ||||||
24 | taxpayer
may petition the Department for change in such | ||||||
25 | taxpayer's reporting status.
On and after October 1, 2000, once | ||||||
26 | applicable, the requirement of the making
of quarter monthly |
| |||||||
| |||||||
1 | payments to the Department shall continue until such
taxpayer's | ||||||
2 | average monthly liability to the Department during the | ||||||
3 | preceding 4
complete calendar quarters (excluding the month of | ||||||
4 | highest liability and the
month of lowest liability) is less | ||||||
5 | than $19,000 or until such taxpayer's
average monthly liability | ||||||
6 | to the Department as computed for each calendar
quarter of the | ||||||
7 | 4 preceding complete calendar quarter period is less than
| ||||||
8 | $20,000. 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 $20,000 threshold stated above, then
such | ||||||
13 | taxpayer may petition the Department for a change in such | ||||||
14 | taxpayer's
reporting status.
The Department shall change such | ||||||
15 | taxpayer's reporting status unless it
finds that such change is | ||||||
16 | seasonal in nature and not likely to be long
term. If any such | ||||||
17 | quarter monthly payment is not paid at the time or in
the | ||||||
18 | amount required by this Section, then the taxpayer shall be | ||||||
19 | liable for
penalties and interest on
the difference between the | ||||||
20 | minimum amount due and the amount of such
quarter monthly | ||||||
21 | payment actually and timely paid, except insofar as the
| ||||||
22 | taxpayer has previously made payments for that month to the | ||||||
23 | Department in
excess of the minimum payments previously due as | ||||||
24 | provided in this Section.
The Department shall make reasonable | ||||||
25 | rules and regulations to govern the
quarter monthly payment | ||||||
26 | amount and quarter monthly payment dates for
taxpayers who file |
| |||||||
| |||||||
1 | on other than a calendar monthly basis.
| ||||||
2 | If any such payment provided for in this Section exceeds | ||||||
3 | the taxpayer's
liabilities under this Act, the Retailers' | ||||||
4 | Occupation Tax Act, the Service
Occupation Tax Act and the | ||||||
5 | Service Use Tax Act, as shown by an original
monthly return, | ||||||
6 | the Department shall issue to the taxpayer a credit
memorandum | ||||||
7 | no later than 30 days after the date of payment, which
| ||||||
8 | memorandum may be submitted by the taxpayer to the Department | ||||||
9 | in payment of
tax liability subsequently to be remitted by the | ||||||
10 | taxpayer to the Department
or be assigned by the taxpayer to a | ||||||
11 | similar taxpayer under this Act, the
Retailers' Occupation Tax | ||||||
12 | Act, the Service Occupation Tax Act or the
Service Use Tax Act, | ||||||
13 | in accordance with reasonable rules and regulations to
be | ||||||
14 | prescribed by the Department, except that if such excess | ||||||
15 | payment is
shown on an original monthly return and is made | ||||||
16 | after December 31, 1986, no
credit memorandum shall be issued, | ||||||
17 | unless requested by the taxpayer. If no
such request is made, | ||||||
18 | the taxpayer may credit such excess payment against
tax | ||||||
19 | liability subsequently to be remitted by the taxpayer to the | ||||||
20 | Department
under this Act, the Retailers' Occupation Tax Act, | ||||||
21 | the Service Occupation
Tax Act or the Service Use Tax Act, in | ||||||
22 | accordance with reasonable rules and
regulations prescribed by | ||||||
23 | the Department. If the Department subsequently
determines that | ||||||
24 | all or any part of the credit taken was not actually due to
the | ||||||
25 | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||||||
26 | be
reduced by 2.1% or 1.75% of the difference between the |
| |||||||
| |||||||
1 | credit taken and
that actually due, and the taxpayer shall be | ||||||
2 | liable for penalties and
interest on such difference.
| ||||||
3 | If the retailer is otherwise required to file a monthly | ||||||
4 | return and if the
retailer's average monthly tax liability to | ||||||
5 | the Department
does not exceed $200, the Department may | ||||||
6 | authorize his returns to be
filed on a quarter annual basis, | ||||||
7 | with the return for January, February,
and March of a given | ||||||
8 | year being due by April 20 of such year; with the
return for | ||||||
9 | April, May and June of a given year being due by July 20 of
such | ||||||
10 | year; with the return for July, August and September of a given
| ||||||
11 | year being due by October 20 of such year, and with the return | ||||||
12 | for
October, November and December of a given year being due by | ||||||
13 | January 20
of the following year.
| ||||||
14 | If the retailer is otherwise required to file a monthly or | ||||||
15 | quarterly
return and if the retailer's average monthly tax | ||||||
16 | liability to the
Department does not exceed $50, the Department | ||||||
17 | may authorize his returns to
be filed on an annual basis, with | ||||||
18 | the return for a given year being due by
January 20 of the | ||||||
19 | following year.
| ||||||
20 | Such quarter annual and annual returns, as to form and | ||||||
21 | substance,
shall be subject to the same requirements as monthly | ||||||
22 | returns.
| ||||||
23 | Notwithstanding any other provision in this Act concerning | ||||||
24 | the time
within which a retailer may file his return, in the | ||||||
25 | case of any retailer
who ceases to engage in a kind of business | ||||||
26 | which makes him responsible
for filing returns under this Act, |
| |||||||
| |||||||
1 | such retailer shall file a final
return under this Act with the | ||||||
2 | Department not more than one month after
discontinuing such | ||||||
3 | business.
| ||||||
4 | In addition, with respect to motor vehicles, watercraft,
| ||||||
5 | aircraft, and trailers that are required to be registered with | ||||||
6 | an agency of
this State, every
retailer selling this kind of | ||||||
7 | tangible personal property shall file,
with the Department, | ||||||
8 | upon a form to be prescribed and supplied by the
Department, a | ||||||
9 | separate return for each such item of tangible personal
| ||||||
10 | property which the retailer sells, except that if, in the same
| ||||||
11 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
12 | vehicles or
trailers transfers more than
one aircraft, | ||||||
13 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
14 | watercraft, motor vehicle or
trailer retailer for the purpose | ||||||
15 | of resale
or (ii) a retailer of aircraft, watercraft, motor | ||||||
16 | vehicles, or trailers
transfers more than one aircraft, | ||||||
17 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
18 | a qualifying rolling stock as provided in Section 3-55 of
this | ||||||
19 | Act, then
that seller may report the transfer of all the
| ||||||
20 | aircraft, watercraft, motor
vehicles
or trailers involved in | ||||||
21 | that transaction to the Department on the same
uniform
| ||||||
22 | invoice-transaction reporting return form.
For purposes of | ||||||
23 | this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | ||||||
24 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
25 | and Safety Act,
a
personal watercraft, or any boat equipped | ||||||
26 | with an inboard motor.
|
| |||||||
| |||||||
1 | The transaction reporting return in the case of motor | ||||||
2 | vehicles
or trailers that are required to be registered with an | ||||||
3 | agency of this
State, shall
be the same document as the Uniform | ||||||
4 | Invoice referred to in Section 5-402
of the Illinois Vehicle | ||||||
5 | Code and must show the name and address of the
seller; the name | ||||||
6 | and address of the purchaser; the amount of the selling
price | ||||||
7 | including the amount allowed by the retailer for traded-in
| ||||||
8 | property, if any; the amount allowed by the retailer for the | ||||||
9 | traded-in
tangible personal property, if any, to the extent to | ||||||
10 | which Section 2 of
this Act allows an exemption for the value | ||||||
11 | of traded-in property; the
balance payable after deducting such | ||||||
12 | trade-in allowance from the total
selling price; the amount of | ||||||
13 | tax due from the retailer with respect to
such transaction; the | ||||||
14 | amount of tax collected from the purchaser by the
retailer on | ||||||
15 | such transaction (or satisfactory evidence that such tax is
not | ||||||
16 | due in that particular instance, if that is claimed to be the | ||||||
17 | fact);
the place and date of the sale; a sufficient | ||||||
18 | identification of the
property sold; such other information as | ||||||
19 | is required in Section 5-402 of
the Illinois Vehicle Code, and | ||||||
20 | such other information as the Department
may reasonably | ||||||
21 | require.
| ||||||
22 | The transaction reporting return in the case of watercraft
| ||||||
23 | and aircraft must show
the name and address of the seller; the | ||||||
24 | name and address of the
purchaser; the amount of the selling | ||||||
25 | price including the amount allowed
by the retailer for | ||||||
26 | traded-in property, if any; the amount allowed by
the retailer |
| |||||||
| |||||||
1 | for the traded-in tangible personal property, if any, to
the | ||||||
2 | extent to which Section 2 of this Act allows an exemption for | ||||||
3 | the
value of traded-in property; the balance payable after | ||||||
4 | deducting such
trade-in allowance from the total selling price; | ||||||
5 | the amount of tax due
from the retailer with respect to such | ||||||
6 | transaction; the amount of tax
collected from the purchaser by | ||||||
7 | the retailer on such transaction (or
satisfactory evidence that | ||||||
8 | such tax is not due in that particular
instance, if that is | ||||||
9 | claimed to be the fact); the place and date of the
sale, a | ||||||
10 | sufficient identification of the property sold, and such other
| ||||||
11 | information as the Department may reasonably require.
| ||||||
12 | Such transaction reporting return shall be filed not later | ||||||
13 | than 20
days after the date of delivery of the item that is | ||||||
14 | being sold, but may
be filed by the retailer at any time sooner | ||||||
15 | than that if he chooses to
do so. The transaction reporting | ||||||
16 | return and tax remittance or proof of
exemption from the tax | ||||||
17 | that is imposed by this Act may be transmitted to
the | ||||||
18 | Department by way of the State agency with which, or State | ||||||
19 | officer
with whom, the tangible personal property must be | ||||||
20 | titled or registered
(if titling or registration is required) | ||||||
21 | if the Department and such
agency or State officer determine | ||||||
22 | that this procedure will expedite the
processing of | ||||||
23 | applications for title or registration.
| ||||||
24 | With each such transaction reporting return, the retailer | ||||||
25 | shall remit
the proper amount of tax due (or shall submit | ||||||
26 | satisfactory evidence that
the sale is not taxable if that is |
| |||||||
| |||||||
1 | the case), to the Department or its
agents, whereupon the | ||||||
2 | Department shall issue, in the purchaser's name, a
tax receipt | ||||||
3 | (or a certificate of exemption if the Department is
satisfied | ||||||
4 | that the particular sale is tax exempt) which such purchaser
| ||||||
5 | may submit to the agency with which, or State officer with | ||||||
6 | whom, he must
title or register the tangible personal property | ||||||
7 | that is involved (if
titling or registration is required) in | ||||||
8 | support of such purchaser's
application for an Illinois | ||||||
9 | certificate or other evidence of title or
registration to such | ||||||
10 | tangible personal property.
| ||||||
11 | No retailer's failure or refusal to remit tax under this | ||||||
12 | Act
precludes a user, who has paid the proper tax to the | ||||||
13 | retailer, from
obtaining his certificate of title or other | ||||||
14 | evidence of title or
registration (if titling or registration | ||||||
15 | is required) upon satisfying
the Department that such user has | ||||||
16 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
17 | Department shall adopt appropriate rules to carry out
the | ||||||
18 | mandate of this paragraph.
| ||||||
19 | If the user who would otherwise pay tax to the retailer | ||||||
20 | wants the
transaction reporting return filed and the payment of | ||||||
21 | tax or proof of
exemption made to the Department before the | ||||||
22 | retailer is willing to take
these actions and such user has not | ||||||
23 | paid the tax to the retailer, such
user may certify to the fact | ||||||
24 | of such delay by the retailer, and may
(upon the Department | ||||||
25 | being satisfied of the truth of such certification)
transmit | ||||||
26 | the information required by the transaction reporting return
|
| |||||||
| |||||||
1 | and the remittance for tax or proof of exemption directly to | ||||||
2 | the
Department and obtain his tax receipt or exemption | ||||||
3 | determination, in
which event the transaction reporting return | ||||||
4 | and tax remittance (if a
tax payment was required) shall be | ||||||
5 | credited by the Department to the
proper retailer's account | ||||||
6 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
7 | provided for in this Section being allowed. When the user pays
| ||||||
8 | the tax directly to the Department, he shall pay the tax in the | ||||||
9 | same
amount and in the same form in which it would be remitted | ||||||
10 | if the tax had
been remitted to the Department by the retailer.
| ||||||
11 | Where a retailer collects the tax with respect to the | ||||||
12 | selling price
of tangible personal property which he sells and | ||||||
13 | the purchaser
thereafter returns such tangible personal | ||||||
14 | property and the retailer
refunds the selling price thereof to | ||||||
15 | the purchaser, such retailer shall
also refund, to the | ||||||
16 | purchaser, the tax so collected from the purchaser.
When filing | ||||||
17 | his return for the period in which he refunds such tax to
the | ||||||
18 | purchaser, the retailer may deduct the amount of the tax so | ||||||
19 | refunded
by him to the purchaser from any other use tax which | ||||||
20 | such retailer may
be required to pay or remit to the | ||||||
21 | Department, as shown by such return,
if the amount of the tax | ||||||
22 | to be deducted was previously remitted to the
Department by | ||||||
23 | such retailer. If the retailer has not previously
remitted the | ||||||
24 | amount of such tax to the Department, he is entitled to no
| ||||||
25 | deduction under this Act upon refunding such tax to the | ||||||
26 | purchaser.
|
| |||||||
| |||||||
1 | Any retailer filing a return under this Section shall also | ||||||
2 | include
(for the purpose of paying tax thereon) the total tax | ||||||
3 | covered by such
return upon the selling price of tangible | ||||||
4 | personal property purchased by
him at retail from a retailer, | ||||||
5 | but as to which the tax imposed by this
Act was not collected | ||||||
6 | from the retailer filing such return, and such
retailer shall | ||||||
7 | remit the amount of such tax to the Department when
filing such | ||||||
8 | return.
| ||||||
9 | If experience indicates such action to be practicable, the | ||||||
10 | Department
may prescribe and furnish a combination or joint | ||||||
11 | return which will
enable retailers, who are required to file | ||||||
12 | returns hereunder and also
under the Retailers' Occupation Tax | ||||||
13 | Act, to furnish all the return
information required by both | ||||||
14 | Acts on the one form.
| ||||||
15 | Where the retailer has more than one business registered | ||||||
16 | with the
Department under separate registration under this Act, | ||||||
17 | such retailer may
not file each return that is due as a single | ||||||
18 | return covering all such
registered businesses, but shall file | ||||||
19 | separate returns for each such
registered business.
| ||||||
20 | Beginning January 1, 1990, each month the Department shall | ||||||
21 | pay into the
State and Local Sales Tax Reform Fund, a special | ||||||
22 | fund in the State Treasury
which is hereby created, the net | ||||||
23 | revenue realized for the preceding month
from the 1% tax on | ||||||
24 | sales of food for human consumption which is to be
consumed off | ||||||
25 | the premises where it is sold (other than alcoholic beverages,
| ||||||
26 | soft drinks and food which has been prepared for immediate |
| |||||||
| |||||||
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 shall | ||||||
5 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
6 | net revenue realized
for the preceding month from the 6.25% | ||||||
7 | general rate
on the selling price of tangible personal property | ||||||
8 | which is purchased
outside Illinois at retail from a retailer | ||||||
9 | and which is titled or
registered by an agency of this State's | ||||||
10 | government.
| ||||||
11 | Beginning January 1, 1990, each month the Department shall | ||||||
12 | pay into
the State and Local Sales Tax Reform Fund, a special | ||||||
13 | fund in the State
Treasury, 20% of the net revenue realized
for | ||||||
14 | the preceding month from the 6.25% general rate on the selling
| ||||||
15 | price of tangible personal property, other than tangible | ||||||
16 | personal property
which is purchased outside Illinois at retail | ||||||
17 | from a retailer and which is
titled or registered by an agency | ||||||
18 | of this State's government.
| ||||||
19 | Beginning August 1, 2000, each
month the Department shall | ||||||
20 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
21 | net revenue realized for the
preceding month from the 1.25% | ||||||
22 | rate on the selling price of motor fuel and
gasohol.
| ||||||
23 | Beginning January 1, 1990, each month the Department shall | ||||||
24 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
25 | realized for the
preceding month from the 6.25% general rate on | ||||||
26 | the selling price of
tangible personal property which is |
| |||||||
| |||||||
1 | purchased outside Illinois at retail
from a retailer and which | ||||||
2 | is titled or registered by an agency of this
State's | ||||||
3 | government.
| ||||||
4 | Of the remainder of the moneys received by the Department | ||||||
5 | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||||||
6 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||||||
7 | and after July 1, 1989, 3.8% thereof shall be paid into the
| ||||||
8 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
9 | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
10 | may be, of the
moneys received by the Department and required | ||||||
11 | to be paid into the Build
Illinois Fund pursuant to Section 3 | ||||||
12 | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||||||
13 | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||||||
14 | Service Occupation Tax Act, such Acts being
hereinafter called | ||||||
15 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||||||
16 | may be, of moneys being hereinafter called the "Tax Act | ||||||
17 | Amount",
and (2) the amount transferred to the Build Illinois | ||||||
18 | Fund from the State
and Local Sales Tax Reform Fund shall be | ||||||
19 | less than the Annual Specified
Amount (as defined in Section 3 | ||||||
20 | of the Retailers' Occupation Tax Act), an
amount equal to the | ||||||
21 | difference shall be immediately paid into the Build
Illinois | ||||||
22 | Fund from other moneys received by the Department pursuant to | ||||||
23 | the
Tax Acts; and further provided, that if on the last | ||||||
24 | business day of any
month the sum of (1) the Tax Act Amount | ||||||
25 | required to be deposited into the
Build Illinois Bond Account | ||||||
26 | in the Build Illinois Fund during such month
and (2) the amount |
| |||||||
| |||||||
1 | transferred during such month to the Build Illinois Fund
from | ||||||
2 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
3 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
4 | the difference
shall be immediately paid into the Build | ||||||
5 | Illinois Fund from other moneys
received by the Department | ||||||
6 | pursuant to the Tax Acts; and,
further provided, that in no | ||||||
7 | event shall the payments required under the
preceding proviso | ||||||
8 | result in aggregate payments into the Build Illinois Fund
| ||||||
9 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
10 | the greater
of (i) the Tax Act Amount or (ii) the Annual | ||||||
11 | Specified Amount for such
fiscal year; and, further provided, | ||||||
12 | that the amounts payable into the Build
Illinois Fund under | ||||||
13 | this clause (b) shall be payable only until such time
as the | ||||||
14 | aggregate amount on deposit under each trust
indenture securing | ||||||
15 | Bonds issued and outstanding pursuant to the Build
Illinois | ||||||
16 | Bond Act is sufficient, taking into account any future | ||||||
17 | investment
income, to fully provide, in accordance with such | ||||||
18 | indenture, for the
defeasance of or the payment of the | ||||||
19 | principal of, premium, if any, and
interest on the Bonds | ||||||
20 | secured by such indenture and on any Bonds expected
to be | ||||||
21 | issued thereafter and all fees and costs payable with respect | ||||||
22 | thereto,
all as certified by the Director of the
Bureau of the | ||||||
23 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
24 | the last
business day of any month in which Bonds are | ||||||
25 | outstanding pursuant to the
Build Illinois Bond Act, the | ||||||
26 | aggregate of the moneys deposited
in the Build Illinois Bond |
| |||||||
| |||||||
1 | Account in the Build Illinois Fund in such month
shall be less | ||||||
2 | than the amount required to be transferred in such month from
| ||||||
3 | the 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 Fund; | ||||||
8 | provided, however, that any amounts paid to the
Build Illinois | ||||||
9 | Fund in any fiscal year pursuant to this sentence shall be
| ||||||
10 | deemed to constitute payments pursuant to clause (b) of the | ||||||
11 | preceding
sentence and shall reduce the amount otherwise | ||||||
12 | payable for such fiscal year
pursuant to clause (b) of the | ||||||
13 | preceding sentence. The moneys received by
the Department | ||||||
14 | pursuant to this Act and required to be deposited into the
| ||||||
15 | Build Illinois Fund are subject to the pledge, claim and charge | ||||||
16 | set forth
in Section 12 of the Build Illinois Bond Act.
| ||||||
17 | Subject to payment of amounts into the Build Illinois Fund | ||||||
18 | as provided in
the preceding paragraph or in any amendment | ||||||
19 | thereto hereafter enacted, the
following specified monthly | ||||||
20 | installment of the amount requested in the
annual certificate | ||||||
21 | of the Chairman of the Metropolitan Pier and Exposition
| ||||||
22 | Authority provided under Section 8.25f of the State Finance | ||||||
23 | Act, but not in
excess of the sums designated as "Total | ||||||
24 | Deposit", shall be
deposited in the aggregate from collections | ||||||
25 | under Section 9 of the Use Tax
Act, Section 9 of the Service | ||||||
26 | Use Tax Act, Section 9 of the Service
Occupation Tax Act, and |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Section 3 of the Retailers' Occupation Tax Act into
the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | McCormick Place Expansion Project Fund in the specified fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | years.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | year thereafter,
one-eighth of the amount requested in the |
| |||||||
| |||||||
1 | annual certificate of the Chairman of
the Metropolitan Pier and | ||||||
2 | Exposition Authority for that fiscal year, less
the amount | ||||||
3 | deposited into the McCormick Place Expansion Project Fund by | ||||||
4 | the
State Treasurer in the respective month under subsection | ||||||
5 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||
6 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||
7 | required under this Section for previous
months and years, | ||||||
8 | shall be deposited into the McCormick Place Expansion
Project | ||||||
9 | Fund, until the full amount requested for the fiscal year, but | ||||||
10 | not
in excess of the amount specified above as "Total Deposit", | ||||||
11 | has been deposited.
| ||||||
12 | Subject to payment of amounts into the Build Illinois Fund | ||||||
13 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
14 | preceding paragraphs or
in any amendments thereto
hereafter | ||||||
15 | enacted,
beginning July 1, 1993, the Department shall each | ||||||
16 | month pay into the Illinois
Tax Increment Fund 0.27% of 80% of | ||||||
17 | the net revenue realized for the preceding
month from the 6.25% | ||||||
18 | general rate on the selling price of tangible personal
| ||||||
19 | property.
| ||||||
20 | Subject to payment of amounts into the Build Illinois Fund | ||||||
21 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
22 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
23 | enacted, beginning with the receipt of the first
report of | ||||||
24 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
25 | period, the Department shall each month pay into the Energy | ||||||
26 | Infrastructure
Fund 80% of the net revenue realized from the |
| |||||||
| |||||||
1 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
2 | that was sold to an eligible business.
For purposes of this | ||||||
3 | paragraph, the term "eligible business" means a new
electric | ||||||
4 | generating facility certified pursuant to Section 605-332 of | ||||||
5 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
6 | Civil Administrative
Code of Illinois.
| ||||||
7 | Of the remainder of the moneys received by the Department | ||||||
8 | pursuant
to this Act, 75% thereof shall be paid into the State | ||||||
9 | Treasury and 25%
shall be reserved in a special account and | ||||||
10 | used only for the transfer to
the Common School Fund as part of | ||||||
11 | the monthly transfer from the General
Revenue Fund in | ||||||
12 | accordance with Section 8a of the State
Finance Act.
| ||||||
13 | As soon as possible after the first day of each month, upon | ||||||
14 | certification
of the Department of Revenue, the Comptroller | ||||||
15 | shall order transferred and
the Treasurer shall transfer from | ||||||
16 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
17 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
18 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
19 | transfer is no longer required
and shall not be made.
| ||||||
20 | Net revenue realized for a month shall be the revenue | ||||||
21 | collected
by the State pursuant to this Act, less the amount | ||||||
22 | paid out during that
month as refunds to taxpayers for | ||||||
23 | overpayment of liability.
| ||||||
24 | For greater simplicity of administration, manufacturers, | ||||||
25 | importers
and wholesalers whose products are sold at retail in | ||||||
26 | Illinois by
numerous retailers, and who wish to do so, may |
| |||||||
| |||||||
1 | assume the responsibility
for accounting and paying to the | ||||||
2 | Department all tax accruing under this
Act with respect to such | ||||||
3 | sales, if the retailers who are affected do not
make written | ||||||
4 | objection to the Department to this arrangement.
| ||||||
5 | (Source: P.A. 94-793, eff. 5-19-06; 94-1074, eff. 12-26-06.)
| ||||||
6 | Section 15. The Service Use Tax Act is amended by changing | ||||||
7 | Section 9 as follows:
| ||||||
8 | (35 ILCS 110/9) (from Ch. 120, par. 439.39)
| ||||||
9 | Sec. 9. Each serviceman required or authorized to collect | ||||||
10 | the tax
herein imposed shall pay to the Department the amount | ||||||
11 | of such tax
(except as otherwise provided) at the time when he | ||||||
12 | is required to file
his return for the period during which such | ||||||
13 | tax was collected, less a
discount of 2.1% prior to January 1, | ||||||
14 | 1990 and 1.75% on and after January 1,
1990, or $5 per calendar | ||||||
15 | year, whichever is greater, which is allowed to
reimburse the | ||||||
16 | serviceman for expenses incurred in collecting the tax,
keeping | ||||||
17 | records, preparing and filing returns, remitting the tax and
| ||||||
18 | supplying data to the Department on request. A serviceman need | ||||||
19 | not remit
that part of any tax collected by him to the extent | ||||||
20 | that he is required to
pay and does pay the tax imposed by the | ||||||
21 | Service Occupation Tax Act with
respect to his sale of service | ||||||
22 | involving the incidental transfer by him of
the same property.
| ||||||
23 | Except as provided hereinafter in this Section, on or | ||||||
24 | before the twentieth
day of each calendar month, such |
| |||||||
| |||||||
1 | serviceman shall file a return for the
preceding calendar month | ||||||
2 | in accordance with reasonable Rules and
Regulations to be | ||||||
3 | promulgated by the Department. Such return shall be
filed on a | ||||||
4 | form prescribed by the Department and shall contain such
| ||||||
5 | information as the Department may reasonably require.
| ||||||
6 | The Department may require returns to be filed on a | ||||||
7 | quarterly basis.
If so required, a return for each calendar | ||||||
8 | quarter shall be filed on or
before the twentieth day of the | ||||||
9 | calendar month following the end of such
calendar quarter. The | ||||||
10 | taxpayer shall also file a return with the
Department for each | ||||||
11 | of the first two months of each calendar quarter, on or
before | ||||||
12 | the twentieth day of the following calendar month, stating:
| ||||||
13 | 1. The name of the seller;
| ||||||
14 | 2. The address of the principal place of business from | ||||||
15 | which he engages
in business as a serviceman in this State;
| ||||||
16 | 3. The total amount of taxable receipts received by him | ||||||
17 | during the
preceding calendar month, including receipts | ||||||
18 | from charge and time sales,
but less all deductions allowed | ||||||
19 | by law;
| ||||||
20 | 4. The amount of credit provided in Section 2d of this | ||||||
21 | Act;
| ||||||
22 | 5. The amount of tax due;
| ||||||
23 | 5-5. The signature of the taxpayer; and
| ||||||
24 | 6. Such other reasonable information as the Department | ||||||
25 | may
require.
| ||||||
26 | If a taxpayer fails to sign a return within 30 days after |
| |||||||
| |||||||
1 | the proper notice
and demand for signature by the Department, | ||||||
2 | the return shall be considered
valid and any amount shown to be | ||||||
3 | due on the return shall be deemed assessed.
| ||||||
4 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
5 | monthly tax
liability of $150,000 or more shall make all | ||||||
6 | payments required by rules of
the Department by electronic | ||||||
7 | funds transfer. Beginning October 1, 1994, a
taxpayer who has | ||||||
8 | an average monthly tax liability of $100,000 or more shall
make | ||||||
9 | all payments required by rules of the Department by electronic | ||||||
10 | funds
transfer. Beginning October 1, 1995, a taxpayer who has | ||||||
11 | an average monthly
tax liability of $50,000 or more shall make | ||||||
12 | all payments required by rules
of the Department by electronic | ||||||
13 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
14 | an annual tax liability of
$200,000 or more shall make all | ||||||
15 | payments required by rules of the Department by
electronic | ||||||
16 | funds transfer. The term "annual tax liability" shall be the | ||||||
17 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
18 | other State and local
occupation and use tax laws administered | ||||||
19 | by the Department, for the immediately
preceding calendar year.
| ||||||
20 | The term "average monthly tax
liability" means the sum of the | ||||||
21 | taxpayer's liabilities under this Act, and
under all other | ||||||
22 | State and local occupation and use tax laws administered by the
| ||||||
23 | Department, for the immediately preceding calendar year | ||||||
24 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
25 | a tax liability in the
amount set forth in subsection (b) of | ||||||
26 | Section 2505-210 of the Department of
Revenue Law shall make |
| |||||||
| |||||||
1 | all payments required by rules of the Department by
electronic | ||||||
2 | funds transfer.
| ||||||
3 | Before August 1 of each year beginning in 1993, the | ||||||
4 | Department shall
notify all taxpayers required to make payments | ||||||
5 | by electronic funds transfer.
All taxpayers required to make | ||||||
6 | payments by electronic funds transfer shall
make those payments | ||||||
7 | for a minimum of one year beginning on October 1.
| ||||||
8 | Any taxpayer not required to make payments by electronic | ||||||
9 | funds transfer
may make payments by electronic funds transfer | ||||||
10 | with the permission of the
Department.
| ||||||
11 | All taxpayers required to make payment by electronic funds | ||||||
12 | transfer and
any taxpayers authorized to voluntarily make | ||||||
13 | payments by electronic funds
transfer shall make those payments | ||||||
14 | in the manner authorized by the Department.
| ||||||
15 | The Department shall adopt such rules as are necessary to | ||||||
16 | effectuate a
program of electronic funds transfer and the | ||||||
17 | requirements of this Section.
| ||||||
18 | If the serviceman is otherwise required to file a monthly | ||||||
19 | return and
if the serviceman'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 year | ||||||
23 | being due by April 20 of such year; with the
return for April, | ||||||
24 | May and June of a given year being due by July 20 of
such year; | ||||||
25 | with the return for July, August and September of a given
year | ||||||
26 | being due by October 20 of such year, and with the return for
|
| |||||||
| |||||||
1 | October, November and December of a given year being due by | ||||||
2 | January 20
of the following year.
| ||||||
3 | If the serviceman is otherwise required to file a monthly | ||||||
4 | or quarterly
return and if the serviceman's average monthly tax | ||||||
5 | liability to the Department
does not exceed $50, the Department | ||||||
6 | may authorize his returns to be
filed on an annual basis, with | ||||||
7 | the return for a given year being due by
January 20 of the | ||||||
8 | following year.
| ||||||
9 | Such quarter annual and annual returns, as to form and | ||||||
10 | substance,
shall be subject to the same requirements as monthly | ||||||
11 | returns.
| ||||||
12 | Notwithstanding any other provision in this Act concerning | ||||||
13 | the time
within which a serviceman may file his return, in the | ||||||
14 | case of any
serviceman who ceases to engage in a kind of | ||||||
15 | business which makes him
responsible for filing returns under | ||||||
16 | this Act, such serviceman shall
file a final return under this | ||||||
17 | Act with the Department not more than 1
month after | ||||||
18 | discontinuing such business.
| ||||||
19 | Where a serviceman collects the tax with respect to the | ||||||
20 | selling price of
property which he sells and the purchaser | ||||||
21 | thereafter returns such
property and the serviceman refunds the | ||||||
22 | selling price thereof to the
purchaser, such serviceman shall | ||||||
23 | also refund, to the purchaser, the tax
so collected from the | ||||||
24 | purchaser. When filing his return for the period
in which he | ||||||
25 | refunds such tax to the purchaser, the serviceman may deduct
| ||||||
26 | the amount of the tax so refunded by him to the purchaser from |
| |||||||
| |||||||
1 | any other
Service Use Tax, Service Occupation Tax, retailers' | ||||||
2 | occupation tax or
use tax which such serviceman may be required | ||||||
3 | to pay or remit to the
Department, as shown by such return, | ||||||
4 | provided that the amount of the tax
to be deducted shall | ||||||
5 | previously have been remitted to the Department by
such | ||||||
6 | serviceman. If the serviceman shall not previously have | ||||||
7 | remitted
the amount of such tax to the Department, he shall be | ||||||
8 | entitled to no
deduction hereunder upon refunding such tax to | ||||||
9 | the purchaser.
| ||||||
10 | Any serviceman filing a return hereunder shall also include | ||||||
11 | the total
tax upon the selling price of tangible personal | ||||||
12 | property purchased for use
by him as an incident to a sale of | ||||||
13 | service, and such serviceman shall remit
the amount of such tax | ||||||
14 | to the Department when filing such return.
| ||||||
15 | If experience indicates such action to be practicable, the | ||||||
16 | Department
may prescribe and furnish a combination or joint | ||||||
17 | return which will
enable servicemen, who are required to file | ||||||
18 | returns hereunder and also
under the Service Occupation Tax | ||||||
19 | Act, to furnish all the return
information required by both | ||||||
20 | Acts on the one form.
| ||||||
21 | Where the serviceman has more than one business registered | ||||||
22 | with the
Department under separate registration hereunder, | ||||||
23 | such serviceman shall
not file each return that is due as a | ||||||
24 | single return covering all such
registered businesses, but | ||||||
25 | shall file separate returns for each such
registered business.
| ||||||
26 | Beginning January 1, 1990, each month the Department shall |
| |||||||
| |||||||
1 | pay into
the State and Local Tax Reform Fund, a special fund in | ||||||
2 | the State Treasury,
the net revenue realized for the preceding | ||||||
3 | month from the 1% tax on sales
of food for human consumption | ||||||
4 | which is to be consumed off the premises
where it is sold | ||||||
5 | (other than alcoholic beverages, soft drinks and food
which has | ||||||
6 | been prepared for immediate consumption) and prescription and
| ||||||
7 | nonprescription medicines, drugs, medical appliances and | ||||||
8 | insulin, urine
testing materials, syringes and needles used by | ||||||
9 | diabetics.
| ||||||
10 | Beginning January 1, 1990, each month the Department shall | ||||||
11 | pay into
the State and Local Sales Tax Reform Fund 20% of the | ||||||
12 | net revenue realized
for the preceding month from the 6.25% | ||||||
13 | general rate on transfers of
tangible personal property, other | ||||||
14 | than tangible personal property which is
purchased outside | ||||||
15 | Illinois at retail from a retailer and which is titled or
| ||||||
16 | registered by an agency of this State's government.
| ||||||
17 | Beginning August 1, 2000, each
month the Department shall | ||||||
18 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
19 | net revenue realized for the
preceding
month from the 1.25% | ||||||
20 | rate on the selling price of motor fuel and gasohol.
| ||||||
21 | Of the remainder of the moneys received by the Department | ||||||
22 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
23 | Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
24 | and after July 1,
1989, 3.8% thereof shall be paid into the | ||||||
25 | Build Illinois Fund; provided,
however, that if in any fiscal | ||||||
26 | year the sum of (1) the aggregate of 2.2% or
3.8%, as the case |
| |||||||
| |||||||
1 | may be, of the moneys received by the Department and
required | ||||||
2 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
3 | of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||||||
4 | Act, Section 9
of the Service Use Tax Act, and Section 9 of the | ||||||
5 | Service Occupation Tax
Act, such Acts being hereinafter called | ||||||
6 | the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | ||||||
7 | may be, of moneys being hereinafter called the
"Tax Act | ||||||
8 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
9 | Fund
from the State and Local Sales Tax Reform Fund shall be | ||||||
10 | less than the
Annual Specified Amount (as defined in Section 3 | ||||||
11 | of the Retailers'
Occupation Tax Act), an amount equal to the | ||||||
12 | difference shall be immediately
paid into the Build Illinois | ||||||
13 | Fund from other moneys received by the
Department pursuant to | ||||||
14 | the Tax Acts; and further provided, that if on the
last | ||||||
15 | business day of any month the sum of (1) the Tax Act Amount | ||||||
16 | required
to be deposited into the Build Illinois Bond Account | ||||||
17 | in the Build Illinois
Fund during such month and (2) the amount | ||||||
18 | transferred during such month to
the Build Illinois Fund from | ||||||
19 | the State and Local Sales Tax Reform Fund
shall have been less | ||||||
20 | than 1/12 of the Annual Specified Amount, an amount
equal to | ||||||
21 | the difference shall be immediately paid into the Build | ||||||
22 | Illinois
Fund from other moneys received by the Department | ||||||
23 | pursuant to the Tax Acts;
and, further provided, that in no | ||||||
24 | event shall the payments required under
the preceding proviso | ||||||
25 | result in aggregate payments into the Build Illinois
Fund | ||||||
26 | pursuant to this clause (b) for any fiscal year in excess of |
| |||||||
| |||||||
1 | the
greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
2 | Specified Amount for
such fiscal year; and, further provided, | ||||||
3 | that the amounts payable into the
Build Illinois Fund under | ||||||
4 | this clause (b) shall be payable only until such
time as the | ||||||
5 | aggregate amount on deposit under each trust indenture securing
| ||||||
6 | Bonds issued and outstanding pursuant to the Build Illinois | ||||||
7 | Bond Act is
sufficient, taking into account any future | ||||||
8 | investment income, to fully
provide, in accordance with such | ||||||
9 | indenture, for the defeasance of or the
payment of the | ||||||
10 | principal of, premium, if any, and interest on the Bonds
| ||||||
11 | secured by such indenture and on any Bonds expected to be | ||||||
12 | issued thereafter
and all fees and costs payable with respect | ||||||
13 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
14 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
15 | the last business day of
any month in which Bonds are | ||||||
16 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
17 | aggregate of the moneys deposited in the Build Illinois Bond
| ||||||
18 | Account in the Build Illinois Fund in such month shall be less | ||||||
19 | than the
amount required to be transferred in such month from | ||||||
20 | the Build Illinois
Bond Account to the Build Illinois Bond | ||||||
21 | Retirement and Interest Fund
pursuant to Section 13 of the | ||||||
22 | Build Illinois Bond Act, an amount equal to
such deficiency | ||||||
23 | shall be immediately paid from other moneys received by the
| ||||||
24 | Department pursuant to the Tax Acts to the Build Illinois Fund; | ||||||
25 | provided,
however, that any amounts paid to the Build Illinois | ||||||
26 | Fund in any fiscal
year pursuant to this sentence shall be |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | deemed to constitute payments
pursuant to clause (b) of the | ||||||||||||||||||||||||||
2 | preceding sentence and shall reduce the
amount otherwise | ||||||||||||||||||||||||||
3 | payable for such fiscal year pursuant to clause (b) of the
| ||||||||||||||||||||||||||
4 | preceding sentence. The moneys received by the Department | ||||||||||||||||||||||||||
5 | pursuant to this
Act and required to be deposited into the | ||||||||||||||||||||||||||
6 | Build Illinois Fund are subject
to the pledge, claim and charge | ||||||||||||||||||||||||||
7 | set forth in Section 12 of the Build Illinois
Bond Act.
| ||||||||||||||||||||||||||
8 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||
9 | as provided in
the preceding paragraph or in any amendment | ||||||||||||||||||||||||||
10 | thereto hereafter enacted, the
following specified monthly | ||||||||||||||||||||||||||
11 | installment of the amount requested in the annual
certificate | ||||||||||||||||||||||||||
12 | of the Chairman of the Metropolitan Pier and Exposition
| ||||||||||||||||||||||||||
13 | Authority provided under Section 8.25f of the State Finance | ||||||||||||||||||||||||||
14 | Act, but not in
excess of the sums designated as "Total | ||||||||||||||||||||||||||
15 | Deposit", shall be deposited in the
aggregate from collections | ||||||||||||||||||||||||||
16 | under Section 9 of the Use Tax Act, Section 9 of
the Service | ||||||||||||||||||||||||||
17 | Use Tax Act, Section 9 of the Service Occupation Tax Act, and
| ||||||||||||||||||||||||||
18 | Section 3 of the Retailers' Occupation Tax Act into the | ||||||||||||||||||||||||||
19 | McCormick Place
Expansion Project Fund in the specified fiscal | ||||||||||||||||||||||||||
20 | years.
| ||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | annual certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | required under this Section for previous
months and years, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | shall be deposited into the McCormick Place Expansion
Project |
| |||||||
| |||||||
1 | Fund, until the full amount requested for the fiscal year, but | ||||||
2 | not
in excess of the amount specified above as "Total Deposit", | ||||||
3 | has been deposited.
| ||||||
4 | Subject to payment of amounts into the Build Illinois Fund | ||||||
5 | and the
McCormick Place Expansion Project Fund
pursuant to the | ||||||
6 | preceding paragraphs or in any amendments thereto hereafter
| ||||||
7 | enacted, beginning July 1, 1993, the Department shall each | ||||||
8 | month pay into the
Illinois Tax Increment Fund 0.27% of 80% of | ||||||
9 | the net revenue realized for the
preceding month from the 6.25% | ||||||
10 | general rate on the selling price of tangible
personal | ||||||
11 | property.
| ||||||
12 | Subject to payment of amounts into the Build Illinois Fund | ||||||
13 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
14 | preceding paragraphs or
in any
amendments thereto hereafter | ||||||
15 | enacted, beginning with the receipt of the first
report of | ||||||
16 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
17 | period, the Department shall each month pay into the Energy | ||||||
18 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
19 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
20 | that was sold to an eligible business.
For purposes of this | ||||||
21 | paragraph, the term "eligible business" means a new
electric | ||||||
22 | generating facility certified pursuant to Section 605-332 of | ||||||
23 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
24 | Civil Administrative
Code of Illinois.
| ||||||
25 | All remaining moneys received by the Department pursuant to | ||||||
26 | this
Act shall be paid into the General Revenue Fund of the |
| |||||||
| |||||||
1 | State Treasury.
| ||||||
2 | As soon as possible after the first day of each month, upon | ||||||
3 | certification
of the Department of Revenue, the Comptroller | ||||||
4 | shall order transferred and
the Treasurer shall transfer from | ||||||
5 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
6 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
7 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
8 | transfer is no longer required
and shall not be made.
| ||||||
9 | Net revenue realized for a month shall be the revenue | ||||||
10 | collected by the State
pursuant to this Act, less the amount | ||||||
11 | paid out during that month as refunds
to taxpayers for | ||||||
12 | overpayment of liability.
| ||||||
13 | (Source: P.A. 94-793, eff. 5-19-06; 94-1074, eff. 12-26-06.)
| ||||||
14 | Section 20. The Service Occupation Tax Act is amended by | ||||||
15 | changing Section 9 as follows:
| ||||||
16 | (35 ILCS 115/9) (from Ch. 120, par. 439.109)
| ||||||
17 | Sec. 9. Each serviceman required or authorized to collect | ||||||
18 | the tax
herein imposed shall pay to the Department the amount | ||||||
19 | of such tax at the
time when he is required to file his return | ||||||
20 | for the period during which
such tax was collectible, less a | ||||||
21 | discount of 2.1% prior to
January 1, 1990, and 1.75% on and | ||||||
22 | after January 1, 1990, or
$5 per calendar year, whichever is | ||||||
23 | greater, which is allowed to reimburse
the serviceman for | ||||||
24 | expenses incurred in collecting the tax, keeping
records, |
| |||||||
| |||||||
1 | preparing and filing returns, remitting the tax and supplying | ||||||
2 | data
to the Department on request.
| ||||||
3 | Where such tangible personal property is sold under a | ||||||
4 | conditional
sales contract, or under any other form of sale | ||||||
5 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
6 | extended beyond the close of
the period for which the return is | ||||||
7 | filed, the serviceman, in collecting
the tax may collect, for | ||||||
8 | each tax return period, only the tax applicable
to the part of | ||||||
9 | the selling price actually received during such tax return
| ||||||
10 | period.
| ||||||
11 | Except as provided hereinafter in this Section, on or | ||||||
12 | before the twentieth
day of each calendar month, such | ||||||
13 | serviceman shall file a
return for the preceding calendar month | ||||||
14 | in accordance with reasonable
rules and regulations to be | ||||||
15 | promulgated by the Department of Revenue.
Such return shall be | ||||||
16 | filed on a form prescribed by the Department and
shall contain | ||||||
17 | such information as the Department may reasonably require.
| ||||||
18 | The Department may require returns to be filed on a | ||||||
19 | quarterly basis.
If so required, a return for each calendar | ||||||
20 | quarter shall be filed on or
before the twentieth day of the | ||||||
21 | calendar month following the end of such
calendar quarter. The | ||||||
22 | taxpayer shall also file a return with the
Department for each | ||||||
23 | of the first two months of each calendar quarter, on or
before | ||||||
24 | the twentieth day of the following calendar month, stating:
| ||||||
25 | 1. The name of the seller;
| ||||||
26 | 2. The address of the principal place of business from |
| |||||||
| |||||||
1 | which he engages
in business as a serviceman in this State;
| ||||||
2 | 3. The total amount of taxable receipts received by him | ||||||
3 | during the
preceding calendar month, including receipts | ||||||
4 | from charge and time sales,
but less all deductions allowed | ||||||
5 | by law;
| ||||||
6 | 4. The amount of credit provided in Section 2d of this | ||||||
7 | Act;
| ||||||
8 | 5. The amount of tax due;
| ||||||
9 | 5-5. The signature of the taxpayer; and
| ||||||
10 | 6. Such other reasonable information as the Department | ||||||
11 | may
require.
| ||||||
12 | If a taxpayer fails to sign a return within 30 days after | ||||||
13 | the proper notice
and demand for signature by the Department, | ||||||
14 | the return shall be considered
valid and any amount shown to be | ||||||
15 | due on the return shall be deemed assessed.
| ||||||
16 | Prior to October 1, 2003, and on and after September 1, | ||||||
17 | 2004 a serviceman may accept a Manufacturer's
Purchase Credit | ||||||
18 | certification
from a purchaser in satisfaction
of Service Use | ||||||
19 | Tax as provided in Section 3-70 of the
Service Use Tax Act if | ||||||
20 | the purchaser provides
the
appropriate
documentation as | ||||||
21 | required by Section 3-70 of the Service Use Tax Act.
A | ||||||
22 | Manufacturer's Purchase Credit certification, accepted prior | ||||||
23 | to October 1,
2003 or on or after September 1, 2004 by a | ||||||
24 | serviceman as
provided in Section 3-70 of the Service Use Tax | ||||||
25 | Act, may be used by that
serviceman to satisfy Service | ||||||
26 | Occupation Tax liability in the amount claimed in
the |
| |||||||
| |||||||
1 | certification, not to exceed 6.25% of the receipts subject to | ||||||
2 | tax from a
qualifying purchase. A Manufacturer's Purchase | ||||||
3 | Credit reported on any
original or amended return
filed under
| ||||||
4 | this Act after October 20, 2003 for reporting periods prior to | ||||||
5 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
6 | Credit reported on annual returns due on or after January 1, | ||||||
7 | 2005 will be disallowed for periods prior to September 1, 2004.
| ||||||
8 | No Manufacturer's
Purchase Credit may be used after September | ||||||
9 | 30, 2003 through August 31, 2004 to
satisfy any
tax liability | ||||||
10 | imposed under this Act, including any audit liability.
| ||||||
11 | If the serviceman's average monthly tax liability to
the | ||||||
12 | Department does not exceed $200, the Department may authorize | ||||||
13 | his
returns to be filed on a quarter annual basis, with the | ||||||
14 | return for
January, February and March of a given year being | ||||||
15 | due by April 20 of
such year; with the return for April, May | ||||||
16 | and June of a given year being
due by July 20 of such year; with | ||||||
17 | the return for July, August and
September of a given year being | ||||||
18 | due by October 20 of such year, and with
the return for | ||||||
19 | October, November and December of a given year being due
by | ||||||
20 | January 20 of the following year.
| ||||||
21 | If the serviceman's average monthly tax liability to
the | ||||||
22 | Department does not exceed $50, the Department may authorize | ||||||
23 | his
returns to be filed on an annual basis, with the return for | ||||||
24 | a given year
being due by January 20 of the following year.
| ||||||
25 | Such quarter annual and annual returns, as to form and | ||||||
26 | substance,
shall be subject to the same requirements as monthly |
| |||||||
| |||||||
1 | returns.
| ||||||
2 | Notwithstanding any other provision in this Act concerning | ||||||
3 | the time within
which a serviceman may file his return, in the | ||||||
4 | case of any serviceman who
ceases to engage in a kind of | ||||||
5 | business which makes him responsible for filing
returns under | ||||||
6 | this Act, such serviceman shall file a final return under this
| ||||||
7 | Act with the Department not more than 1 month after | ||||||
8 | discontinuing such
business.
| ||||||
9 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
10 | monthly tax
liability of $150,000 or more shall make all | ||||||
11 | payments required by rules of the
Department by electronic | ||||||
12 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
13 | an average monthly tax liability of $100,000 or more shall make | ||||||
14 | all
payments required by rules of the Department by electronic | ||||||
15 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
16 | an average monthly tax liability
of $50,000 or more shall make | ||||||
17 | all payments required by rules of the Department
by electronic | ||||||
18 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
19 | an annual tax liability of $200,000 or more shall make all | ||||||
20 | payments required by
rules of the Department by electronic | ||||||
21 | funds transfer. The term "annual tax
liability" shall be the | ||||||
22 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
23 | other State and local occupation and use tax laws administered | ||||||
24 | by the
Department, for the immediately preceding calendar year. | ||||||
25 | The term "average
monthly tax liability" means
the sum of the | ||||||
26 | taxpayer's liabilities under this Act, and under all other |
| |||||||
| |||||||
1 | State
and local occupation and use tax laws administered by the | ||||||
2 | Department, for the
immediately preceding calendar year | ||||||
3 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
4 | a tax liability in the
amount set forth in subsection (b) of | ||||||
5 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
6 | all payments required by rules of the Department by
electronic | ||||||
7 | funds transfer.
| ||||||
8 | Before August 1 of each year beginning in 1993, the | ||||||
9 | Department shall
notify all taxpayers required to make payments | ||||||
10 | by electronic funds transfer.
All taxpayers required to make | ||||||
11 | payments by electronic funds transfer shall make
those payments | ||||||
12 | for a minimum of one year beginning on October 1.
| ||||||
13 | Any taxpayer not required to make payments by electronic | ||||||
14 | funds transfer may
make payments by electronic funds transfer | ||||||
15 | with the
permission of the Department.
| ||||||
16 | All taxpayers required to make payment by electronic funds | ||||||
17 | transfer and
any taxpayers authorized to voluntarily make | ||||||
18 | payments by electronic funds
transfer shall make those payments | ||||||
19 | in the manner authorized by the Department.
| ||||||
20 | The Department shall adopt such rules as are necessary to | ||||||
21 | effectuate a
program of electronic funds transfer and the | ||||||
22 | requirements of this Section.
| ||||||
23 | Where a serviceman collects the tax with respect to the | ||||||
24 | selling price of
tangible personal property which he sells and | ||||||
25 | the purchaser thereafter returns
such tangible personal | ||||||
26 | property and the serviceman refunds the
selling price thereof |
| |||||||
| |||||||
1 | to the purchaser, such serviceman shall also refund,
to the | ||||||
2 | purchaser, the tax so collected from the purchaser. When
filing | ||||||
3 | his return for the period in which he refunds such tax to the
| ||||||
4 | purchaser, the serviceman may deduct the amount of the tax so | ||||||
5 | refunded by
him to the purchaser from any other Service | ||||||
6 | Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or | ||||||
7 | Use Tax which such serviceman may be
required to pay or remit | ||||||
8 | to the Department, as shown by such return,
provided that the | ||||||
9 | amount of the tax to be deducted shall previously have
been | ||||||
10 | remitted to the Department by such serviceman. If the | ||||||
11 | serviceman shall
not previously have remitted the amount of | ||||||
12 | such tax to the Department,
he shall be entitled to no | ||||||
13 | deduction hereunder upon refunding such tax
to the purchaser.
| ||||||
14 | If experience indicates such action to be practicable, the | ||||||
15 | Department
may prescribe and furnish a combination or joint | ||||||
16 | return which will
enable servicemen, who are required to file | ||||||
17 | returns
hereunder and also under the Retailers' Occupation Tax | ||||||
18 | Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | ||||||
19 | the return
information required by all said Acts on the one | ||||||
20 | form.
| ||||||
21 | Where the serviceman has more than one business
registered | ||||||
22 | with the Department under separate registrations hereunder,
| ||||||
23 | such serviceman shall file separate returns for each
registered | ||||||
24 | business.
| ||||||
25 | Beginning January 1, 1990, each month the Department shall | ||||||
26 | pay into
the Local Government Tax Fund the revenue realized for |
| |||||||
| |||||||
1 | the
preceding month from the 1% tax on sales of food for human | ||||||
2 | consumption
which is to be consumed off the premises where it | ||||||
3 | is sold (other than
alcoholic beverages, soft drinks and food | ||||||
4 | which has been prepared for
immediate consumption) and | ||||||
5 | prescription and nonprescription medicines,
drugs, medical | ||||||
6 | appliances and insulin, urine testing materials, syringes
and | ||||||
7 | needles used by diabetics.
| ||||||
8 | Beginning January 1, 1990, each month the Department shall | ||||||
9 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
10 | revenue realized
for the preceding month from the 6.25% general | ||||||
11 | rate.
| ||||||
12 | Beginning August 1, 2000, each
month the Department shall | ||||||
13 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
14 | net revenue realized for the
preceding month from the 1.25% | ||||||
15 | rate on the selling price of motor fuel and
gasohol.
| ||||||
16 | Beginning January 1, 1990, each month the Department shall | ||||||
17 | pay into
the Local Government Tax Fund 16% of the revenue | ||||||
18 | realized for the
preceding month from the 6.25% general rate on | ||||||
19 | transfers of
tangible personal property.
| ||||||
20 | Beginning August 1, 2000, each
month the Department shall | ||||||
21 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
22 | realized for the preceding
month from the 1.25% rate on the | ||||||
23 | selling price of motor fuel and gasohol.
| ||||||
24 | Of the remainder of the moneys received by the Department | ||||||
25 | pursuant to
this Act, (a) 1.75% thereof shall be paid into the | ||||||
26 | Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on |
| |||||||
| |||||||
1 | and after July 1, 1989, 3.8% thereof
shall be paid into the | ||||||
2 | Build Illinois Fund; provided, however, that if in
any fiscal | ||||||
3 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
| ||||||
4 | may be, of the moneys received by the Department and required | ||||||
5 | to be paid
into the Build Illinois Fund pursuant to Section 3 | ||||||
6 | of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax | ||||||
7 | Act, Section 9 of the Service
Use Tax Act, and Section 9 of the | ||||||
8 | Service Occupation Tax Act, such Acts
being hereinafter called | ||||||
9 | the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case | ||||||
10 | may be, of moneys being hereinafter called the "Tax Act
| ||||||
11 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
12 | Fund from the
State and Local Sales Tax Reform Fund shall be | ||||||
13 | less than the Annual
Specified Amount (as defined in Section 3 | ||||||
14 | of the Retailers' Occupation Tax
Act), an amount equal to the | ||||||
15 | difference shall be immediately paid into the
Build Illinois | ||||||
16 | Fund from other moneys received by the Department pursuant
to | ||||||
17 | the Tax Acts; and further provided, that if on the last | ||||||
18 | business day of
any month the sum of (1) the Tax Act Amount | ||||||
19 | required to be deposited into
the Build Illinois Account in the | ||||||
20 | Build Illinois Fund during such month and
(2) the amount | ||||||
21 | transferred during such month to the Build Illinois Fund
from | ||||||
22 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
23 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
24 | the difference
shall be immediately paid into the Build | ||||||
25 | Illinois Fund from other moneys
received by the Department | ||||||
26 | pursuant to the Tax Acts; and, further provided,
that in no |
| |||||||
| |||||||
1 | event shall the payments required under the preceding proviso
| ||||||
2 | result in aggregate payments into the Build Illinois Fund | ||||||
3 | pursuant to this
clause (b) for any fiscal year in excess of | ||||||
4 | the greater of (i) the Tax Act
Amount or (ii) the Annual | ||||||
5 | Specified Amount for such fiscal year; and,
further provided, | ||||||
6 | that the amounts payable into the Build Illinois Fund
under | ||||||
7 | this clause (b) shall be payable only until such time as the
| ||||||
8 | aggregate amount on deposit under each trust indenture securing | ||||||
9 | Bonds
issued and outstanding pursuant to the Build Illinois | ||||||
10 | Bond Act is
sufficient, taking into account any future | ||||||
11 | investment income, to fully
provide, in accordance with such | ||||||
12 | indenture, for the defeasance of or the
payment of the | ||||||
13 | principal of, premium, if any, and interest on the Bonds
| ||||||
14 | secured by such indenture and on any Bonds expected to be | ||||||
15 | issued thereafter
and all fees and costs payable with respect | ||||||
16 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
17 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
18 | the last business day of
any month in which Bonds are | ||||||
19 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
20 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
21 | Account in the Build Illinois Fund in such month
shall be less | ||||||
22 | than the amount required to be transferred in such month from
| ||||||
23 | the 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 |
| ||||||||||||
| ||||||||||||
1 | Department pursuant to the Tax Acts
to the Build Illinois Fund; | |||||||||||
2 | provided, however, that any amounts paid to the
Build Illinois | |||||||||||
3 | Fund in any fiscal year pursuant to this sentence shall be
| |||||||||||
4 | deemed to constitute payments pursuant to clause (b) of the | |||||||||||
5 | preceding
sentence and shall reduce the amount otherwise | |||||||||||
6 | payable for such fiscal year
pursuant to clause (b) of the | |||||||||||
7 | preceding sentence. The moneys received by
the Department | |||||||||||
8 | pursuant to this Act and required to be deposited into the
| |||||||||||
9 | Build Illinois Fund are subject to the pledge, claim and charge | |||||||||||
10 | set forth
in Section 12 of the Build Illinois Bond Act.
| |||||||||||
11 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||
12 | as provided in
the preceding paragraph or in any amendment | |||||||||||
13 | thereto hereafter enacted, the
following specified monthly | |||||||||||
14 | installment of the amount requested in the annual
certificate | |||||||||||
15 | of the Chairman of the Metropolitan Pier and Exposition
| |||||||||||
16 | Authority provided under Section 8.25f of the State Finance | |||||||||||
17 | Act, but not in
excess of the sums designated as "Total | |||||||||||
18 | Deposit", shall be deposited in the
aggregate from collections | |||||||||||
19 | under Section 9 of the Use Tax Act, Section 9 of
the Service | |||||||||||
20 | Use Tax Act, Section 9 of the Service Occupation Tax Act, and
| |||||||||||
21 | Section 3 of the Retailers' Occupation Tax Act into the | |||||||||||
22 | McCormick Place
Expansion Project Fund in the specified fiscal | |||||||||||
23 | years.
| |||||||||||
|
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19 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | annual certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Authority Act, plus cumulative
deficiencies in the deposits |
| |||||||
| |||||||
1 | required under this Section for previous
months and years, | ||||||
2 | shall be deposited into the McCormick Place Expansion
Project | ||||||
3 | Fund, until the full amount requested for the fiscal year, but | ||||||
4 | not
in excess of the amount specified above as "Total Deposit", | ||||||
5 | has been deposited.
| ||||||
6 | Subject to payment of amounts into the Build Illinois Fund | ||||||
7 | and the
McCormick
Place Expansion Project Fund
pursuant to the | ||||||
8 | preceding paragraphs or in any amendments thereto hereafter
| ||||||
9 | enacted, beginning July 1, 1993, the Department shall each | ||||||
10 | month pay into the
Illinois Tax Increment Fund 0.27% of 80% of | ||||||
11 | the net revenue realized for the
preceding month from the 6.25% | ||||||
12 | general rate on the selling price of tangible
personal | ||||||
13 | property.
| ||||||
14 | Subject to payment of amounts into the Build Illinois Fund | ||||||
15 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
16 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
17 | enacted, beginning with the receipt of the first
report of | ||||||
18 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
19 | period, the Department shall each month pay into the Energy | ||||||
20 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
21 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
22 | that was sold to an eligible business.
For purposes of this | ||||||
23 | paragraph, the term "eligible business" means a new
electric | ||||||
24 | generating facility certified pursuant to Section 605-332 of | ||||||
25 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
26 | Civil Administrative
Code of Illinois.
|
| |||||||
| |||||||
1 | Remaining moneys received by the Department pursuant to | ||||||
2 | this
Act shall be paid into the General Revenue Fund of the | ||||||
3 | State Treasury.
| ||||||
4 | The Department may, upon separate written notice to a | ||||||
5 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
6 | Department on a form
prescribed by the Department within not | ||||||
7 | less than 60 days after receipt
of the notice an annual | ||||||
8 | information return for the tax year specified in
the notice. | ||||||
9 | Such annual return to the Department shall include a
statement | ||||||
10 | of gross receipts as shown by the taxpayer's last Federal | ||||||
11 | income
tax return. If the total receipts of the business as | ||||||
12 | reported in the
Federal income tax return do not agree with the | ||||||
13 | gross receipts reported to
the Department of Revenue for the | ||||||
14 | same period, the taxpayer shall attach
to his annual return a | ||||||
15 | schedule showing a reconciliation of the 2
amounts and the | ||||||
16 | reasons for the difference. The taxpayer's annual
return to the | ||||||
17 | Department shall also disclose the cost of goods sold by
the | ||||||
18 | taxpayer during the year covered by such return, opening and | ||||||
19 | closing
inventories of such goods for such year, cost of goods | ||||||
20 | used from stock
or taken from stock and given away by the | ||||||
21 | taxpayer during such year, pay
roll information of the | ||||||
22 | taxpayer's business during such year and any
additional | ||||||
23 | reasonable information which the Department deems would be
| ||||||
24 | helpful in determining the accuracy of the monthly, quarterly | ||||||
25 | or annual
returns filed by such taxpayer as hereinbefore | ||||||
26 | provided for in this
Section.
|
| |||||||
| |||||||
1 | If the annual information return required by this Section | ||||||
2 | is not
filed when and as required, the taxpayer shall be liable | ||||||
3 | as follows:
| ||||||
4 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
5 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
6 | taxpayer
under this Act during the period to be covered by | ||||||
7 | the annual return
for each month or fraction of a month | ||||||
8 | until such return is filed as
required, the penalty to be | ||||||
9 | assessed and collected in the same manner
as any other | ||||||
10 | penalty provided for in this Act.
| ||||||
11 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
12 | be liable for a
penalty as described in Section 3-4 of the | ||||||
13 | Uniform Penalty and Interest Act.
| ||||||
14 | The chief executive officer, proprietor, owner or highest | ||||||
15 | ranking
manager shall sign the annual return to certify the | ||||||
16 | accuracy of the
information contained therein. Any person who | ||||||
17 | willfully signs the
annual return containing false or | ||||||
18 | inaccurate information shall be guilty
of perjury and punished | ||||||
19 | accordingly. The annual return form prescribed
by the | ||||||
20 | Department shall include a warning that the person signing the
| ||||||
21 | return may be liable for perjury.
| ||||||
22 | The foregoing portion of this Section concerning the filing | ||||||
23 | of an
annual information return shall not apply to a serviceman | ||||||
24 | who is not
required to file an income tax return with the | ||||||
25 | United States Government.
| ||||||
26 | As soon as possible after the first day of each month, upon |
| |||||||
| |||||||
1 | certification
of the Department of Revenue, the Comptroller | ||||||
2 | shall order transferred and
the Treasurer shall transfer from | ||||||
3 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
4 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
5 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
6 | transfer is no longer required
and shall not be made.
| ||||||
7 | Net revenue realized for a month shall be the revenue | ||||||
8 | collected by the State
pursuant to this Act, less the amount | ||||||
9 | paid out during that month as
refunds to taxpayers for | ||||||
10 | overpayment of liability.
| ||||||
11 | For greater simplicity of administration, it shall be | ||||||
12 | permissible for
manufacturers, importers and wholesalers whose | ||||||
13 | products are sold by numerous
servicemen in Illinois, and who | ||||||
14 | wish to do so, to
assume the responsibility for accounting and | ||||||
15 | paying to the Department
all tax accruing under this Act with | ||||||
16 | respect to such sales, if the
servicemen who are affected do | ||||||
17 | not make written objection to the
Department to this | ||||||
18 | arrangement.
| ||||||
19 | (Source: P.A. 93-24, eff. 6-20-03; 93-840, eff. 7-30-04; | ||||||
20 | 94-1074, eff. 12-26-06.)
| ||||||
21 | Section 25. The Retailers' Occupation Tax Act is amended by | ||||||
22 | changing Section 3 as follows:
| ||||||
23 | (35 ILCS 120/3) (from Ch. 120, par. 442)
| ||||||
24 | Sec. 3. Except as provided in this Section, on or before |
| |||||||
| |||||||
1 | the twentieth
day of each calendar month, every person engaged | ||||||
2 | in the business of
selling tangible personal property at retail | ||||||
3 | in this State during the
preceding calendar month shall file a | ||||||
4 | return with the Department, stating:
| ||||||
5 | 1. The name of the seller;
| ||||||
6 | 2. His residence address and the address of his | ||||||
7 | principal place of
business and the address of the | ||||||
8 | principal place of business (if that is
a different | ||||||
9 | address) from which he engages in the business of selling
| ||||||
10 | tangible personal property at retail in this State;
| ||||||
11 | 3. Total amount of receipts received by him during the | ||||||
12 | preceding
calendar month or quarter, as the case may be, | ||||||
13 | from sales of tangible
personal property, and from services | ||||||
14 | furnished, by him during such
preceding calendar month or | ||||||
15 | quarter;
| ||||||
16 | 4. Total amount received by him during the preceding | ||||||
17 | calendar month or
quarter on charge and time sales of | ||||||
18 | tangible personal property, and from
services furnished, | ||||||
19 | by him prior to the month or quarter for which the return
| ||||||
20 | is filed;
| ||||||
21 | 5. Deductions allowed by law;
| ||||||
22 | 6. Gross receipts which were received by him during the | ||||||
23 | preceding
calendar month or quarter and upon the basis of | ||||||
24 | which the tax is imposed;
| ||||||
25 | 7. The amount of credit provided in Section 2d of this | ||||||
26 | Act;
|
| |||||||
| |||||||
1 | 8. The amount of tax due;
| ||||||
2 | 9. The signature of the taxpayer; and
| ||||||
3 | 10. Such other reasonable information as the | ||||||
4 | Department may require.
| ||||||
5 | If a taxpayer fails to sign a return within 30 days after | ||||||
6 | the proper notice
and demand for signature by the Department, | ||||||
7 | the return shall be considered
valid and any amount shown to be | ||||||
8 | due on the return shall be deemed assessed.
| ||||||
9 | Each return shall be accompanied by the statement of | ||||||
10 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
11 | claimed.
| ||||||
12 | Prior to October 1, 2003, and on and after September 1, | ||||||
13 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
14 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
15 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
16 | provides the
appropriate documentation as required by Section | ||||||
17 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
18 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
19 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
20 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
21 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
22 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
23 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
24 | Credit
reported on any original or amended return
filed under
| ||||||
25 | this Act after October 20, 2003 for reporting periods prior to | ||||||
26 | September 1, 2004 shall be disallowed. Manufacturer's |
| |||||||
| |||||||
1 | Purchaser Credit reported on annual returns due on or after | ||||||
2 | January 1, 2005 will be disallowed for periods prior to | ||||||
3 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
4 | used after September 30, 2003 through August 31, 2004 to
| ||||||
5 | satisfy any
tax liability imposed under this Act, including any | ||||||
6 | audit liability.
| ||||||
7 | The Department may require returns to be filed on a | ||||||
8 | quarterly basis.
If so required, a return for each calendar | ||||||
9 | quarter shall be filed on or
before the twentieth day of the | ||||||
10 | calendar month following the end of such
calendar quarter. The | ||||||
11 | taxpayer shall also file a return with the
Department for each | ||||||
12 | of the first two months of each calendar quarter, on or
before | ||||||
13 | the twentieth day of the following calendar month, stating:
| ||||||
14 | 1. The name of the seller;
| ||||||
15 | 2. The address of the principal place of business from | ||||||
16 | which he engages
in the business of selling tangible | ||||||
17 | personal property at retail in this State;
| ||||||
18 | 3. The total amount of taxable receipts received by him | ||||||
19 | during the
preceding calendar month from sales of tangible | ||||||
20 | personal property by him
during such preceding calendar | ||||||
21 | month, including receipts from charge and
time sales, but | ||||||
22 | less all deductions allowed by law;
| ||||||
23 | 4. The amount of credit provided in Section 2d of this | ||||||
24 | Act;
| ||||||
25 | 5. The amount of tax due; and
| ||||||
26 | 6. Such other reasonable information as the Department |
| |||||||
| |||||||
1 | may
require.
| ||||||
2 | Beginning on October 1, 2003, any person who is not a | ||||||
3 | licensed
distributor, importing distributor, or manufacturer, | ||||||
4 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
5 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
6 | a statement with the Department of Revenue, in a format
and at | ||||||
7 | a time prescribed by the Department, showing the total amount | ||||||
8 | paid for
alcoholic liquor purchased during the preceding month | ||||||
9 | and such other
information as is reasonably required by the | ||||||
10 | Department.
The Department may adopt rules to require
that this | ||||||
11 | statement be filed in an electronic or telephonic format. Such | ||||||
12 | rules
may provide for exceptions from the filing requirements | ||||||
13 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
14 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
15 | Liquor Control Act of 1934.
| ||||||
16 | Beginning on October 1, 2003, every distributor, importing | ||||||
17 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
18 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
19 | Department of Revenue, no later than the 10th day of the
month | ||||||
20 | for the
preceding month during which transactions occurred, by | ||||||
21 | electronic means,
showing the
total amount of gross receipts | ||||||
22 | from the sale of alcoholic liquor sold or
distributed during
| ||||||
23 | the preceding month to purchasers; identifying the purchaser to | ||||||
24 | whom it was
sold or
distributed; the purchaser's tax | ||||||
25 | registration number; and such other
information
reasonably | ||||||
26 | required by the Department. A distributor, importing |
| |||||||
| |||||||
1 | distributor, or manufacturer of alcoholic liquor must | ||||||
2 | personally deliver, mail, or provide by electronic means to | ||||||
3 | each retailer listed on the monthly statement a report | ||||||
4 | containing a cumulative total of that distributor's, importing | ||||||
5 | distributor's, or manufacturer's total sales of alcoholic | ||||||
6 | liquor to that retailer no later than the 10th day of the month | ||||||
7 | for the preceding month during which the transaction occurred. | ||||||
8 | The distributor, importing distributor, or manufacturer shall | ||||||
9 | notify the retailer as to the method by which the distributor, | ||||||
10 | importing distributor, or manufacturer will provide the sales | ||||||
11 | information. If the retailer is unable to receive the sales | ||||||
12 | information by electronic means, the distributor, importing | ||||||
13 | distributor, or manufacturer shall furnish the sales | ||||||
14 | information by personal delivery or by mail. For purposes of | ||||||
15 | this paragraph, the term "electronic means" includes, but is | ||||||
16 | not limited to, the use of a secure Internet website, e-mail, | ||||||
17 | or facsimile.
| ||||||
18 | If a total amount of less than $1 is payable, refundable or | ||||||
19 | creditable,
such amount shall be disregarded if it is less than | ||||||
20 | 50 cents and shall be
increased to $1 if it is 50 cents or more.
| ||||||
21 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
22 | monthly tax liability of $150,000 or more shall
make all | ||||||
23 | payments required by rules of the
Department by electronic | ||||||
24 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
25 | an average monthly tax liability of $100,000 or more shall make | ||||||
26 | all
payments required by rules of the Department by electronic |
| |||||||
| |||||||
1 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
2 | an average monthly tax liability
of $50,000 or more shall make | ||||||
3 | all
payments required by rules of the Department by electronic | ||||||
4 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
5 | an annual tax liability of
$200,000 or more shall make all | ||||||
6 | payments required by rules of the Department by
electronic | ||||||
7 | funds transfer. The term "annual tax liability" shall be the | ||||||
8 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
9 | other State and local
occupation and use tax laws administered | ||||||
10 | by the Department, for the immediately
preceding calendar year.
| ||||||
11 | The term "average monthly tax liability" shall be the sum of | ||||||
12 | the
taxpayer's liabilities under this
Act, and under all other | ||||||
13 | State and local occupation and use tax
laws administered by the | ||||||
14 | Department, for the immediately preceding calendar
year | ||||||
15 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
16 | a tax liability in the
amount set forth in subsection (b) of | ||||||
17 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
18 | all payments required by rules of the Department by
electronic | ||||||
19 | funds transfer.
| ||||||
20 | Before August 1 of each year beginning in 1993, the | ||||||
21 | Department shall
notify all taxpayers required to make payments | ||||||
22 | by electronic funds
transfer. All taxpayers
required to make | ||||||
23 | payments by electronic funds transfer shall make those
payments | ||||||
24 | for
a minimum of one year beginning on October 1.
| ||||||
25 | Any taxpayer not required to make payments by electronic | ||||||
26 | funds transfer may
make payments by electronic funds transfer |
| |||||||
| |||||||
1 | with
the permission of the Department.
| ||||||
2 | All taxpayers required to make payment by electronic funds | ||||||
3 | transfer and
any taxpayers authorized to voluntarily make | ||||||
4 | payments by electronic funds
transfer shall make those payments | ||||||
5 | in the manner authorized by the Department.
| ||||||
6 | The Department shall adopt such rules as are necessary to | ||||||
7 | effectuate a
program of electronic funds transfer and the | ||||||
8 | requirements of this Section.
| ||||||
9 | Any amount which is required to be shown or reported on any | ||||||
10 | return or
other document under this Act shall, if such amount | ||||||
11 | is not a whole-dollar
amount, be increased to the nearest | ||||||
12 | whole-dollar amount in any case where
the fractional part of a | ||||||
13 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
14 | whole-dollar amount where the fractional part of a dollar is | ||||||
15 | less
than 50 cents.
| ||||||
16 | If the retailer is otherwise required to file a monthly | ||||||
17 | return and if the
retailer's average monthly tax liability to | ||||||
18 | the Department does not exceed
$200, the Department may | ||||||
19 | authorize his returns to be filed on a quarter
annual basis, | ||||||
20 | with the return for January, February and March of a given
year | ||||||
21 | being due by April 20 of such year; with the return for April, | ||||||
22 | May and
June of a given year being due by July 20 of such year; | ||||||
23 | with the return for
July, August and September of a given year | ||||||
24 | being due by October 20 of such
year, and with the return for | ||||||
25 | October, November and December of a given
year being due by | ||||||
26 | January 20 of the following year.
|
| |||||||
| |||||||
1 | If the retailer is otherwise required to file a monthly or | ||||||
2 | quarterly
return and if the retailer's average monthly tax | ||||||
3 | liability with the
Department does not exceed $50, the | ||||||
4 | Department may authorize his returns to
be filed on an annual | ||||||
5 | basis, with the return for a given year being due by
January 20 | ||||||
6 | of the following year.
| ||||||
7 | Such quarter annual and annual returns, as to form and | ||||||
8 | substance,
shall be subject to the same requirements as monthly | ||||||
9 | returns.
| ||||||
10 | Notwithstanding any other provision in this Act concerning | ||||||
11 | the time
within which a retailer may file his return, in the | ||||||
12 | case of any retailer
who ceases to engage in a kind of business | ||||||
13 | which makes him responsible
for filing returns under this Act, | ||||||
14 | such retailer shall file a final
return under this Act with the | ||||||
15 | Department not more than one month after
discontinuing such | ||||||
16 | business.
| ||||||
17 | Where the same person has more than one business registered | ||||||
18 | with the
Department under separate registrations under this | ||||||
19 | Act, such person may
not file each return that is due as a | ||||||
20 | single return covering all such
registered businesses, but | ||||||
21 | shall file separate returns for each such
registered business.
| ||||||
22 | In addition, with respect to motor vehicles, watercraft,
| ||||||
23 | aircraft, and trailers that are required to be registered with | ||||||
24 | an agency of
this State, every
retailer selling this kind of | ||||||
25 | tangible personal property shall file,
with the Department, | ||||||
26 | upon a form to be prescribed and supplied by the
Department, a |
| |||||||
| |||||||
1 | separate return for each such item of tangible personal
| ||||||
2 | property which the retailer sells, except that if, in the same
| ||||||
3 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
4 | vehicles or
trailers transfers more than one aircraft, | ||||||
5 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
6 | watercraft, motor vehicle
retailer or trailer retailer for the | ||||||
7 | purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||||||
8 | motor vehicles, or trailers
transfers more than one aircraft, | ||||||
9 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
10 | a qualifying rolling stock as provided in Section 2-5 of
this | ||||||
11 | Act, then
that seller may report the transfer of all aircraft,
| ||||||
12 | watercraft, motor vehicles or trailers involved in that | ||||||
13 | transaction to the
Department on the same uniform | ||||||
14 | invoice-transaction reporting return form. For
purposes of | ||||||
15 | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||||||
16 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
17 | and Safety Act, a
personal watercraft, or any boat equipped | ||||||
18 | with an inboard motor.
| ||||||
19 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
20 | aircraft, or trailers that are required to be registered with | ||||||
21 | an agency of
this State, so that all
retailers' occupation tax | ||||||
22 | liability is required to be reported, and is
reported, on such | ||||||
23 | transaction reporting returns and who is not otherwise
required | ||||||
24 | to file monthly or quarterly returns, need not file monthly or
| ||||||
25 | quarterly returns. However, those retailers shall be required | ||||||
26 | to
file returns on an annual basis.
|
| |||||||
| |||||||
1 | The transaction reporting return, in the case of motor | ||||||
2 | vehicles
or trailers that are required to be registered with an | ||||||
3 | agency of this
State, shall
be the same document as the Uniform | ||||||
4 | Invoice referred to in Section 5-402
of The Illinois Vehicle | ||||||
5 | Code and must show the name and address of the
seller; the name | ||||||
6 | and address of the purchaser; the amount of the selling
price | ||||||
7 | including the amount allowed by the retailer for traded-in
| ||||||
8 | property, if any; the amount allowed by the retailer for the | ||||||
9 | traded-in
tangible personal property, if any, to the extent to | ||||||
10 | which Section 1 of
this Act allows an exemption for the value | ||||||
11 | of traded-in property; the
balance payable after deducting such | ||||||
12 | trade-in allowance from the total
selling price; the amount of | ||||||
13 | tax due from the retailer with respect to
such transaction; the | ||||||
14 | amount of tax collected from the purchaser by the
retailer on | ||||||
15 | such transaction (or satisfactory evidence that such tax is
not | ||||||
16 | due in that particular instance, if that is claimed to be the | ||||||
17 | fact);
the place and date of the sale; a sufficient | ||||||
18 | identification of the
property sold; such other information as | ||||||
19 | is required in Section 5-402 of
The Illinois Vehicle Code, and | ||||||
20 | such other information as the Department
may reasonably | ||||||
21 | require.
| ||||||
22 | The transaction reporting return in the case of watercraft
| ||||||
23 | or aircraft must show
the name and address of the seller; the | ||||||
24 | name and address of the
purchaser; the amount of the selling | ||||||
25 | price including the amount allowed
by the retailer for | ||||||
26 | traded-in property, if any; the amount allowed by
the retailer |
| |||||||
| |||||||
1 | for the traded-in tangible personal property, if any, to
the | ||||||
2 | extent to which Section 1 of this Act allows an exemption for | ||||||
3 | the
value of traded-in property; the balance payable after | ||||||
4 | deducting such
trade-in allowance from the total selling price; | ||||||
5 | the amount of tax due
from the retailer with respect to such | ||||||
6 | transaction; the amount of tax
collected from the purchaser by | ||||||
7 | the retailer on such transaction (or
satisfactory evidence that | ||||||
8 | such tax is not due in that particular
instance, if that is | ||||||
9 | claimed to be the fact); the place and date of the
sale, a | ||||||
10 | sufficient identification of the property sold, and such other
| ||||||
11 | information as the Department may reasonably require.
| ||||||
12 | Such transaction reporting return shall be filed not later | ||||||
13 | than 20
days after the day of delivery of the item that is | ||||||
14 | being sold, but may
be filed by the retailer at any time sooner | ||||||
15 | than that if he chooses to
do so. The transaction reporting | ||||||
16 | return and tax remittance or proof of
exemption from the | ||||||
17 | Illinois use tax may be transmitted to the Department
by way of | ||||||
18 | the State agency with which, or State officer with whom the
| ||||||
19 | tangible personal property must be titled or registered (if | ||||||
20 | titling or
registration is required) if the Department and such | ||||||
21 | agency or State
officer determine that this procedure will | ||||||
22 | expedite the processing of
applications for title or | ||||||
23 | registration.
| ||||||
24 | With each such transaction reporting return, the retailer | ||||||
25 | shall remit
the proper amount of tax due (or shall submit | ||||||
26 | satisfactory evidence that
the sale is not taxable if that is |
| |||||||
| |||||||
1 | the case), to the Department or its
agents, whereupon the | ||||||
2 | Department shall issue, in the purchaser's name, a
use tax | ||||||
3 | receipt (or a certificate of exemption if the Department is
| ||||||
4 | satisfied that the particular sale is tax exempt) which such | ||||||
5 | purchaser
may submit to the agency with which, or State officer | ||||||
6 | with whom, he must
title or register the tangible personal | ||||||
7 | property that is involved (if
titling or registration is | ||||||
8 | required) in support of such purchaser's
application for an | ||||||
9 | Illinois certificate or other evidence of title or
registration | ||||||
10 | to such tangible personal property.
| ||||||
11 | No retailer's failure or refusal to remit tax under this | ||||||
12 | Act
precludes a user, who has paid the proper tax to the | ||||||
13 | retailer, from
obtaining his certificate of title or other | ||||||
14 | evidence of title or
registration (if titling or registration | ||||||
15 | is required) upon satisfying
the Department that such user has | ||||||
16 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
17 | Department shall adopt appropriate rules to carry out
the | ||||||
18 | mandate of this paragraph.
| ||||||
19 | If the user who would otherwise pay tax to the retailer | ||||||
20 | wants the
transaction reporting return filed and the payment of | ||||||
21 | the tax or proof
of exemption made to the Department before the | ||||||
22 | retailer is willing to
take these actions and such user has not | ||||||
23 | paid the tax to the retailer,
such user may certify to the fact | ||||||
24 | of such delay by the retailer and may
(upon the Department | ||||||
25 | being satisfied of the truth of such certification)
transmit | ||||||
26 | the information required by the transaction reporting return
|
| |||||||
| |||||||
1 | and the remittance for tax or proof of exemption directly to | ||||||
2 | the
Department and obtain his tax receipt or exemption | ||||||
3 | determination, in
which event the transaction reporting return | ||||||
4 | and tax remittance (if a
tax payment was required) shall be | ||||||
5 | credited by the Department to the
proper retailer's account | ||||||
6 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
7 | provided for in this Section being allowed. When the user pays
| ||||||
8 | the tax directly to the Department, he shall pay the tax in the | ||||||
9 | same
amount and in the same form in which it would be remitted | ||||||
10 | if the tax had
been remitted to the Department by the retailer.
| ||||||
11 | Refunds made by the seller during the preceding return | ||||||
12 | period to
purchasers, on account of tangible personal property | ||||||
13 | returned to the
seller, shall be allowed as a deduction under | ||||||
14 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
15 | may be, in case the
seller had theretofore included the | ||||||
16 | receipts from the sale of such
tangible personal property in a | ||||||
17 | return filed by him and had paid the tax
imposed by this Act | ||||||
18 | with respect to such receipts.
| ||||||
19 | Where the seller is a corporation, the return filed on | ||||||
20 | behalf of such
corporation shall be signed by the president, | ||||||
21 | vice-president, secretary
or treasurer or by the properly | ||||||
22 | accredited agent of such corporation.
| ||||||
23 | Where the seller is a limited liability company, the return | ||||||
24 | filed on behalf
of the limited liability company shall be | ||||||
25 | signed by a manager, member, or
properly accredited agent of | ||||||
26 | the limited liability company.
|
| |||||||
| |||||||
1 | Except as provided in this Section, the retailer filing the | ||||||
2 | return
under this Section shall, at the time of filing such | ||||||
3 | return, pay to the
Department the amount of tax imposed by this | ||||||
4 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
5 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
6 | whichever is greater, which is allowed to
reimburse the | ||||||
7 | retailer for the expenses incurred in keeping records,
| ||||||
8 | preparing and filing returns, remitting the tax and supplying | ||||||
9 | data to
the Department on request. Any prepayment made pursuant | ||||||
10 | to Section 2d
of this Act shall be included in the amount on | ||||||
11 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
12 | retailers who report
and pay the tax on a transaction by | ||||||
13 | transaction basis, as provided in this
Section, such discount | ||||||
14 | shall be taken with each such tax remittance
instead of when | ||||||
15 | such retailer files his periodic return.
| ||||||
16 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
17 | tax liability
to the Department
under this Act, the Use Tax | ||||||
18 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
19 | Act, excluding any liability for prepaid sales
tax to be | ||||||
20 | remitted in accordance with Section 2d of this Act, was
$10,000
| ||||||
21 | or more during the preceding 4 complete calendar quarters, he | ||||||
22 | shall file a
return with the Department each month by the 20th | ||||||
23 | day of the month next
following the month during which such tax | ||||||
24 | liability is incurred and shall
make payments to the Department | ||||||
25 | on or before the 7th, 15th, 22nd and last
day of the month | ||||||
26 | during which such liability is incurred.
On and after October |
| |||||||
| |||||||
1 | 1, 2000, if the taxpayer's average monthly tax liability
to the | ||||||
2 | Department under this Act, the Use Tax Act, the Service | ||||||
3 | Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||||||
4 | liability for prepaid sales tax
to be remitted in accordance | ||||||
5 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
6 | preceding 4 complete calendar quarters, he shall file a return | ||||||
7 | with
the Department each month by the 20th day of the month | ||||||
8 | next following the month
during which such tax liability is | ||||||
9 | incurred and shall make payment to the
Department on or before | ||||||
10 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
11 | liability is incurred.
If the month
during which such tax | ||||||
12 | liability is incurred began prior to January 1, 1985,
each | ||||||
13 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
14 | actual
liability for the month or an amount set by the | ||||||
15 | Department not to exceed
1/4 of the average monthly liability | ||||||
16 | of the taxpayer to the Department for
the preceding 4 complete | ||||||
17 | calendar quarters (excluding the month of highest
liability and | ||||||
18 | the month of lowest liability in such 4 quarter period). If
the | ||||||
19 | month during which such tax liability is incurred begins on or | ||||||
20 | after
January 1, 1985 and prior to January 1, 1987, each | ||||||
21 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
22 | actual liability for the month or
27.5% of the taxpayer's | ||||||
23 | liability for the same calendar
month of the preceding year. If | ||||||
24 | the month during which such tax
liability is incurred begins on | ||||||
25 | or after January 1, 1987 and prior to
January 1, 1988, each | ||||||
26 | payment shall be in an amount equal to 22.5% of the
taxpayer's |
| |||||||
| |||||||
1 | actual liability for the month or 26.25% of the taxpayer's
| ||||||
2 | liability for the same calendar month of the preceding year. If | ||||||
3 | the month
during which such tax liability is incurred begins on | ||||||
4 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
5 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
6 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
7 | the month or 25% of
the taxpayer's liability for the same | ||||||
8 | calendar month of the preceding year. If
the month during which | ||||||
9 | such tax liability is incurred begins on or after
January 1, | ||||||
10 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
11 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
12 | the month or 25% of the taxpayer's
liability for the same | ||||||
13 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
14 | actual liability for the quarter monthly reporting period. The
| ||||||
15 | amount of such quarter monthly payments shall be credited | ||||||
16 | against
the final tax liability of the taxpayer's return for | ||||||
17 | that month. Before
October 1, 2000, once
applicable, the | ||||||
18 | requirement of the making of quarter monthly payments to
the | ||||||
19 | Department by taxpayers having an average monthly tax liability | ||||||
20 | of
$10,000 or more as determined in the manner provided above
| ||||||
21 | shall continue
until such taxpayer's average monthly liability | ||||||
22 | to the Department during
the preceding 4 complete calendar | ||||||
23 | quarters (excluding the month of highest
liability and the | ||||||
24 | month of lowest liability) is less than
$9,000, or until
such | ||||||
25 | taxpayer's average monthly liability to the Department as | ||||||
26 | computed for
each calendar quarter of the 4 preceding complete |
| |||||||
| |||||||
1 | calendar quarter period
is less than $10,000. However, if a | ||||||
2 | taxpayer can show the
Department that
a substantial change in | ||||||
3 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
4 | to anticipate that his average monthly tax liability for the
| ||||||
5 | reasonably foreseeable future will fall below the $10,000 | ||||||
6 | threshold
stated above, then
such taxpayer
may petition the | ||||||
7 | Department for a change in such taxpayer's reporting
status. On | ||||||
8 | and after October 1, 2000, once applicable, the requirement of
| ||||||
9 | the making of quarter monthly payments to the Department by | ||||||
10 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
11 | more as determined in the manner
provided above shall continue | ||||||
12 | until such taxpayer's average monthly liability
to the | ||||||
13 | Department during the preceding 4 complete calendar quarters | ||||||
14 | (excluding
the month of highest liability and the month of | ||||||
15 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
16 | average monthly liability to the Department as
computed for | ||||||
17 | each calendar quarter of the 4 preceding complete calendar | ||||||
18 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
19 | show the Department
that a substantial change in the taxpayer's | ||||||
20 | business has occurred which causes
the taxpayer to anticipate | ||||||
21 | that his average monthly tax liability for the
reasonably | ||||||
22 | foreseeable future will fall below the $20,000 threshold stated
| ||||||
23 | above, then such taxpayer may petition the Department for a | ||||||
24 | change in such
taxpayer's reporting status. The Department | ||||||
25 | shall change such taxpayer's
reporting status
unless it finds | ||||||
26 | that such change is seasonal in nature and not likely to be
|
| |||||||
| |||||||
1 | long term. If any such quarter monthly payment is not paid at | ||||||
2 | the time or
in the amount required by this Section, then the | ||||||
3 | taxpayer shall be liable for
penalties and interest on the | ||||||
4 | difference
between the minimum amount due as a payment and the | ||||||
5 | amount of such quarter
monthly payment actually and timely | ||||||
6 | paid, except insofar as the
taxpayer has previously made | ||||||
7 | payments for that month to the Department in
excess of the | ||||||
8 | minimum payments previously due as provided in this Section.
| ||||||
9 | The Department shall make reasonable rules and regulations to | ||||||
10 | govern the
quarter monthly payment amount and quarter monthly | ||||||
11 | payment dates for
taxpayers who file on other than a calendar | ||||||
12 | monthly basis.
| ||||||
13 | The provisions of this paragraph apply before October 1, | ||||||
14 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
15 | quarter monthly
payments as specified above, any taxpayer who | ||||||
16 | is required by Section 2d
of this Act to collect and remit | ||||||
17 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
18 | excess of $25,000 per month during the preceding
2 complete | ||||||
19 | calendar quarters, shall file a return with the Department as
| ||||||
20 | required by Section 2f and shall make payments to the | ||||||
21 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
22 | month during which such liability
is incurred. If the month | ||||||
23 | during which such tax liability is incurred
began prior to the | ||||||
24 | effective date of this amendatory Act of 1985, each
payment | ||||||
25 | shall be in an amount not less than 22.5% of the taxpayer's | ||||||
26 | actual
liability under Section 2d. If the month during which |
| |||||||
| |||||||
1 | such tax liability
is incurred begins on or after January 1, | ||||||
2 | 1986, each payment shall be in an
amount equal to 22.5% of the | ||||||
3 | taxpayer's actual liability for the month or
27.5% of the | ||||||
4 | taxpayer's liability for the same calendar month of the
| ||||||
5 | preceding calendar year. If the month during which such tax | ||||||
6 | liability is
incurred begins on or after January 1, 1987, each | ||||||
7 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
8 | actual liability for the month or
26.25% of the taxpayer's | ||||||
9 | liability for the same calendar month of the
preceding year. | ||||||
10 | The amount of such quarter monthly payments shall be
credited | ||||||
11 | against the final tax liability of the taxpayer's return for | ||||||
12 | that
month filed under this Section or Section 2f, as the case | ||||||
13 | may be. Once
applicable, the requirement of the making of | ||||||
14 | quarter monthly payments to
the Department pursuant to this | ||||||
15 | paragraph shall continue until such
taxpayer's average monthly | ||||||
16 | prepaid tax collections during the preceding 2
complete | ||||||
17 | calendar quarters is $25,000 or less. If any such quarter | ||||||
18 | monthly
payment is not paid at the time or in the amount | ||||||
19 | required, the taxpayer
shall be liable for penalties and | ||||||
20 | interest on such difference, except
insofar as the taxpayer has | ||||||
21 | previously made payments for that month in
excess of the | ||||||
22 | minimum payments previously due.
| ||||||
23 | The provisions of this paragraph apply on and after October | ||||||
24 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
25 | make quarter monthly
payments as specified above, any taxpayer | ||||||
26 | who is required by Section 2d of this
Act to collect and remit |
| |||||||
| |||||||
1 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
2 | excess of $20,000 per month during the preceding 4 complete | ||||||
3 | calendar
quarters shall file a return with the Department as | ||||||
4 | required by Section 2f
and shall make payments to the | ||||||
5 | Department on or before the 7th, 15th, 22nd and
last day of the | ||||||
6 | month during which the liability is incurred. Each payment
| ||||||
7 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
8 | liability for the
month or 25% of the taxpayer's liability for | ||||||
9 | the same calendar month of the
preceding year. The amount of | ||||||
10 | the quarter monthly payments shall be credited
against the | ||||||
11 | final tax liability of the taxpayer's return for that month | ||||||
12 | filed
under this Section or Section 2f, as the case may be. | ||||||
13 | Once applicable, the
requirement of the making of quarter | ||||||
14 | monthly payments to the Department
pursuant to this paragraph | ||||||
15 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
16 | collections during the preceding 4 complete calendar quarters
| ||||||
17 | (excluding the month of highest liability and the month of | ||||||
18 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
19 | average monthly liability to the
Department as computed for | ||||||
20 | each calendar quarter of the 4 preceding complete
calendar | ||||||
21 | quarters is less than $20,000. If any such quarter monthly | ||||||
22 | payment is
not paid at the time or in the amount required, the | ||||||
23 | taxpayer shall be liable
for penalties and interest on such | ||||||
24 | difference, except insofar as the taxpayer
has previously made | ||||||
25 | payments for that month in excess of the minimum payments
| ||||||
26 | previously due.
|
| |||||||
| |||||||
1 | If any payment provided for in this Section exceeds
the | ||||||
2 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
3 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
4 | shown on an original
monthly return, the Department shall, if | ||||||
5 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
6 | memorandum no later than 30 days after the date of
payment. The | ||||||
7 | credit evidenced by such credit memorandum may
be assigned by | ||||||
8 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
9 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
10 | in
accordance with reasonable rules and regulations to be | ||||||
11 | prescribed by the
Department. If no such request is made, the | ||||||
12 | taxpayer may credit such excess
payment against tax liability | ||||||
13 | subsequently to be remitted to the Department
under this Act, | ||||||
14 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
15 | Use Tax Act, in accordance with reasonable rules and | ||||||
16 | regulations
prescribed by the Department. If the Department | ||||||
17 | subsequently determined
that all or any part of the credit | ||||||
18 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
19 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
20 | of the difference between the credit taken and that
actually | ||||||
21 | due, and that taxpayer shall be liable for penalties and | ||||||
22 | interest
on such difference.
| ||||||
23 | If a retailer of motor fuel is entitled to a credit under | ||||||
24 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
25 | to the Department under
this Act for the month which the | ||||||
26 | taxpayer is filing a return, the
Department shall issue the |
| |||||||
| |||||||
1 | taxpayer a credit memorandum for the excess.
| ||||||
2 | Beginning January 1, 1990, each month the Department shall | ||||||
3 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
4 | State treasury which
is hereby created, the net revenue | ||||||
5 | realized for the preceding month from
the 1% tax on sales of | ||||||
6 | food for human consumption which is to be consumed
off the | ||||||
7 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
8 | drinks and food which has been prepared for immediate | ||||||
9 | consumption) and
prescription and nonprescription medicines, | ||||||
10 | drugs, medical appliances and
insulin, urine testing | ||||||
11 | materials, syringes and needles used by diabetics.
| ||||||
12 | Beginning January 1, 1990, each month the Department shall | ||||||
13 | pay into
the County and Mass Transit District Fund, a special | ||||||
14 | fund in the State
treasury which is hereby created, 4% of the | ||||||
15 | net revenue realized
for the preceding month from the 6.25% | ||||||
16 | general rate.
| ||||||
17 | Beginning August 1, 2000, each
month the Department shall | ||||||
18 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
19 | net revenue realized for the
preceding month from the 1.25% | ||||||
20 | rate on the selling price of motor fuel and
gasohol.
| ||||||
21 | Beginning January 1, 1990, each month the Department shall | ||||||
22 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
23 | realized for the
preceding month from the 6.25% general rate on | ||||||
24 | the selling price of
tangible personal property.
| ||||||
25 | Beginning August 1, 2000, each
month the Department shall | ||||||
26 | pay into the
Local Government Tax Fund 80% of the net revenue |
| ||||||||||||||||||
| ||||||||||||||||||
1 | realized for the preceding
month from the 1.25% rate on the | |||||||||||||||||
2 | selling price of motor fuel and gasohol.
| |||||||||||||||||
3 | Of the remainder of the moneys received by the Department | |||||||||||||||||
4 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | |||||||||||||||||
5 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | |||||||||||||||||
6 | and after July 1, 1989,
3.8% thereof shall be paid into the | |||||||||||||||||
7 | Build Illinois Fund; provided, however,
that if in any fiscal | |||||||||||||||||
8 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | |||||||||||||||||
9 | may be, of the moneys received by the Department and required | |||||||||||||||||
10 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||||||||||
11 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||||||||||
12 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||||||||||
13 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||||||||||
14 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||||||||||
15 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||||||
16 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||||||||||
17 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||||||||||
18 | hereinafter
defined), an amount equal to the difference shall | |||||||||||||||||
19 | be immediately paid into
the Build Illinois Fund from other | |||||||||||||||||
20 | moneys received by the Department
pursuant to the Tax Acts; the | |||||||||||||||||
21 | "Annual Specified Amount" means the amounts
specified below for | |||||||||||||||||
22 | fiscal years 1986 through 1993:
| |||||||||||||||||
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
6 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||
7 | defined in
Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||
8 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | |||||||||||||||||||||
9 | each fiscal year thereafter; and
further provided, that if on | |||||||||||||||||||||
10 | the last business day of any month the sum of
(1) the Tax Act | |||||||||||||||||||||
11 | Amount required to be deposited into the Build Illinois
Bond | |||||||||||||||||||||
12 | Account in the Build Illinois Fund during such month and (2) | |||||||||||||||||||||
13 | the
amount transferred to the Build Illinois Fund from the | |||||||||||||||||||||
14 | State and Local
Sales Tax Reform Fund shall have been less than | |||||||||||||||||||||
15 | 1/12 of the Annual
Specified Amount, an amount equal to the | |||||||||||||||||||||
16 | difference shall be immediately
paid into the Build Illinois | |||||||||||||||||||||
17 | Fund from other moneys received by the
Department pursuant to | |||||||||||||||||||||
18 | the Tax Acts; and, further provided, that in no
event shall the | |||||||||||||||||||||
19 | payments required under the preceding proviso result in
| |||||||||||||||||||||
20 | aggregate payments into the Build Illinois Fund pursuant to | |||||||||||||||||||||
21 | this clause (b)
for any fiscal year in excess of the greater of | |||||||||||||||||||||
22 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | |||||||||||||||||||||
23 | such fiscal year. The amounts payable
into the Build Illinois | |||||||||||||||||||||
24 | Fund under clause (b) of the first sentence in this
paragraph | |||||||||||||||||||||
25 | shall be payable only until such time as the aggregate amount | |||||||||||||||||||||
26 | on
deposit under each trust indenture securing Bonds issued and |
| |||||||
| |||||||
1 | outstanding
pursuant to the Build Illinois Bond Act is | ||||||
2 | sufficient, taking into account
any future investment income, | ||||||
3 | to fully provide, in accordance with such
indenture, for the | ||||||
4 | defeasance of or the payment of the principal of,
premium, if | ||||||
5 | any, and interest on the Bonds secured by such indenture and on
| ||||||
6 | any Bonds expected to be issued thereafter and all fees and | ||||||
7 | costs payable
with respect thereto, all as certified by the | ||||||
8 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
9 | Management and Budget). If on the last
business day of any | ||||||
10 | month in which Bonds are
outstanding pursuant to the Build | ||||||
11 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
12 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
13 | month shall be less than the amount required to be transferred
| ||||||
14 | in such month from the Build Illinois Bond Account to the Build | ||||||
15 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
16 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
17 | deficiency shall be immediately
paid from other moneys received | ||||||
18 | by the Department pursuant to the Tax Acts
to the Build | ||||||
19 | Illinois Fund; provided, however, that any amounts paid to the
| ||||||
20 | Build Illinois Fund in any fiscal year pursuant to this | ||||||
21 | sentence shall be
deemed to constitute payments pursuant to | ||||||
22 | clause (b) of the first sentence
of this paragraph and shall | ||||||
23 | reduce the amount otherwise payable for such
fiscal year | ||||||
24 | pursuant to that clause (b). The moneys received by the
| ||||||
25 | Department pursuant to this Act and required to be deposited | ||||||
26 | into the Build
Illinois Fund are subject to the pledge, claim |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | and charge set forth in
Section 12 of the Build Illinois Bond | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | as provided in
the preceding paragraph or in any amendment | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | thereto hereafter enacted, the
following specified monthly | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | installment of the amount requested in the annual
certificate | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | of the Chairman of the Metropolitan Pier and Exposition
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Authority provided under Section 8.25f of the State Finance | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Act, but not in
excess of sums designated as "Total Deposit", | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | shall be deposited in the
aggregate from collections under | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Act, Section 9 of the Service Occupation Tax Act, and
Section 3 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | of the Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Expansion Project Fund in the specified fiscal years.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
10 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||
11 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||
12 | annual certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||
13 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||
14 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||
15 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||
16 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||
17 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||||||||||||
18 | required under this Section for previous
months and years, | ||||||||||||||||||||||||||||||||||||||||||||||
19 | shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||||||||||||||||||||||||||||||||
20 | Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||||||||||||||||||||||||||||
21 | not
in excess of the amount specified above as "Total Deposit", | ||||||||||||||||||||||||||||||||||||||||||||||
22 | has been deposited.
| ||||||||||||||||||||||||||||||||||||||||||||||
23 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||
24 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||||||||||||||||||||||||||||||||||||||||||
25 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||||||||||||||||||||||||||||||||||||||||||
26 | enacted, beginning July 1, 1993, the Department shall each
|
| |||||||
| |||||||
1 | month pay into the Illinois Tax Increment Fund 0.27% of 80% of | ||||||
2 | the net 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 Fund | ||||||
6 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
7 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
8 | enacted, beginning with the receipt of the first
report of | ||||||
9 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
10 | period, the Department shall each month pay into the Energy | ||||||
11 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
12 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
13 | that was sold to an eligible business.
For purposes of this | ||||||
14 | paragraph, the term "eligible business" means a new
electric | ||||||
15 | generating facility certified pursuant to Section 605-332 of | ||||||
16 | the
Department of Commerce and Economic Opportunity
Law of the | ||||||
17 | Civil Administrative Code of Illinois.
| ||||||
18 | Of the remainder of the moneys received by the Department | ||||||
19 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
20 | Treasury and 25% shall
be reserved in a special account and | ||||||
21 | used only for the transfer to the
Common School Fund as part of | ||||||
22 | the monthly transfer from the General Revenue
Fund in | ||||||
23 | accordance with Section 8a of the State Finance Act.
| ||||||
24 | The Department may, upon separate written notice to a | ||||||
25 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
26 | Department on a form
prescribed by the Department within not |
| |||||||
| |||||||
1 | less than 60 days after receipt
of the notice an annual | ||||||
2 | information return for the tax year specified in
the notice. | ||||||
3 | Such annual return to the Department shall include a
statement | ||||||
4 | of gross receipts as shown by the retailer's last Federal | ||||||
5 | income
tax return. If the total receipts of the business as | ||||||
6 | reported in the
Federal income tax return do not agree with the | ||||||
7 | gross receipts reported to
the Department of Revenue for the | ||||||
8 | same period, the retailer shall attach
to his annual return a | ||||||
9 | schedule showing a reconciliation of the 2
amounts and the | ||||||
10 | reasons for the difference. The retailer's annual
return to the | ||||||
11 | Department shall also disclose the cost of goods sold by
the | ||||||
12 | retailer during the year covered by such return, opening and | ||||||
13 | closing
inventories of such goods for such year, costs of goods | ||||||
14 | used from stock
or taken from stock and given away by the | ||||||
15 | retailer during such year,
payroll information of the | ||||||
16 | retailer's business during such year and any
additional | ||||||
17 | reasonable information which the Department deems would be
| ||||||
18 | helpful in determining the accuracy of the monthly, quarterly | ||||||
19 | or annual
returns filed by such retailer as provided for in | ||||||
20 | this Section.
| ||||||
21 | If the annual information return required by this Section | ||||||
22 | is not
filed when and as required, the taxpayer shall be liable | ||||||
23 | as follows:
| ||||||
24 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
25 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
26 | taxpayer under
this Act during the period to be covered by |
| |||||||
| |||||||
1 | the annual return for each
month or fraction of a month | ||||||
2 | until such return is filed as required, the
penalty to be | ||||||
3 | assessed and collected in the same manner as any other
| ||||||
4 | penalty provided for in this Act.
| ||||||
5 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
6 | be
liable for a penalty as described in Section 3-4 of the | ||||||
7 | Uniform Penalty and
Interest Act.
| ||||||
8 | The chief executive officer, proprietor, owner or highest | ||||||
9 | ranking
manager shall sign the annual return to certify the | ||||||
10 | accuracy of the
information contained therein. Any person who | ||||||
11 | willfully signs the
annual return containing false or | ||||||
12 | inaccurate information shall be guilty
of perjury and punished | ||||||
13 | accordingly. The annual return form prescribed
by the | ||||||
14 | Department shall include a warning that the person signing the
| ||||||
15 | return may be liable for perjury.
| ||||||
16 | The provisions of this Section concerning the filing of an | ||||||
17 | annual
information return do not apply to a retailer who is not | ||||||
18 | required to
file an income tax return with the United States | ||||||
19 | Government.
| ||||||
20 | As soon as possible after the first day of each month, upon | ||||||
21 | certification
of the Department of Revenue, the Comptroller | ||||||
22 | shall order transferred and
the Treasurer shall transfer from | ||||||
23 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
24 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
25 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
26 | transfer is no longer required
and shall not be made.
|
| |||||||
| |||||||
1 | Net revenue realized for a month shall be the revenue | ||||||
2 | collected by the
State pursuant to this Act, less the amount | ||||||
3 | paid out during that month as
refunds to taxpayers for | ||||||
4 | overpayment of liability.
| ||||||
5 | For greater simplicity of administration, manufacturers, | ||||||
6 | importers
and wholesalers whose products are sold at retail in | ||||||
7 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
8 | assume the responsibility
for accounting and paying to the | ||||||
9 | Department all tax accruing under this
Act with respect to such | ||||||
10 | sales, if the retailers who are affected do not
make written | ||||||
11 | objection to the Department to this arrangement.
| ||||||
12 | Any person who promotes, organizes, provides retail | ||||||
13 | selling space for
concessionaires or other types of sellers at | ||||||
14 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
15 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
16 | events, including any transient merchant as defined by Section | ||||||
17 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
18 | report with the
Department providing the name of the merchant's | ||||||
19 | business, the name of the
person or persons engaged in | ||||||
20 | merchant's business, the permanent address and
Illinois | ||||||
21 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
22 | the
dates and location of the event and other reasonable | ||||||
23 | information that the
Department may require. The report must be | ||||||
24 | filed not later than the 20th day
of the month next following | ||||||
25 | the month during which the event with retail sales
was held. | ||||||
26 | Any person who fails to file a report required by this Section
|
| |||||||
| |||||||
1 | commits a business offense and is subject to a fine not to | ||||||
2 | exceed $250.
| ||||||
3 | Any person engaged in the business of selling tangible | ||||||
4 | personal
property at retail as a concessionaire or other type | ||||||
5 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
6 | flea markets and similar
exhibitions or events, or any | ||||||
7 | transient merchants, as defined by Section 2
of the Transient | ||||||
8 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
9 | the amount of such sales to the Department and to make a daily | ||||||
10 | payment of
the full amount of tax due. The Department shall | ||||||
11 | impose this
requirement when it finds that there is a | ||||||
12 | significant risk of loss of
revenue to the State at such an | ||||||
13 | exhibition or event. Such a finding
shall be based on evidence | ||||||
14 | that a substantial number of concessionaires
or other sellers | ||||||
15 | who are not residents of Illinois will be engaging in
the | ||||||
16 | business of selling tangible personal property at retail at the
| ||||||
17 | exhibition or event, or other evidence of a significant risk of | ||||||
18 | loss of revenue
to the State. The Department shall notify | ||||||
19 | concessionaires and other sellers
affected by the imposition of | ||||||
20 | this requirement. In the absence of
notification by the | ||||||
21 | Department, the concessionaires and other sellers
shall file | ||||||
22 | their returns as otherwise required in this Section.
| ||||||
23 | (Source: P.A. 93-22, eff. 6-20-03; 93-24, eff. 6-20-03; 93-840, | ||||||
24 | eff. 7-30-04; 93-926, eff. 8-12-04; 93-1057, eff. 12-2-04; | ||||||
25 | 94-1074, eff. 12-26-06.)
|
| |||||||
| |||||||
1 | Section 30. The Metropolitan Pier and Exposition Authority | ||||||
2 | Act is amended by changing Sections 13 and 13.2 as follows:
| ||||||
3 | (70 ILCS 210/13) (from Ch. 85, par. 1233)
| ||||||
4 | Sec. 13. (a) The Authority shall not have power to levy | ||||||
5 | taxes for any
purpose, except as provided in subsections (b), | ||||||
6 | (c), (d), (e), and (f).
| ||||||
7 | (b) By ordinance the Authority shall, as soon as | ||||||
8 | practicable after the
effective date of this amendatory Act of | ||||||
9 | 1991, impose a Metropolitan Pier and
Exposition Authority | ||||||
10 | Retailers' Occupation Tax upon all persons engaged in
the | ||||||
11 | business of selling tangible personal property at retail within | ||||||
12 | the
territory described in this subsection at the rate of 1.0% | ||||||
13 | of the gross
receipts (i) from the sale of food, alcoholic | ||||||
14 | beverages, and soft drinks
sold for consumption on the premises | ||||||
15 | where sold and (ii) from the sale of
food, alcoholic beverages, | ||||||
16 | and soft drinks sold for consumption off the
premises where | ||||||
17 | sold by a retailer whose principal source of gross receipts
is | ||||||
18 | from the sale of food, alcoholic beverages, and soft drinks | ||||||
19 | prepared for
immediate consumption.
| ||||||
20 | The tax imposed under this subsection and all civil | ||||||
21 | penalties that may
be assessed as an incident to that tax shall | ||||||
22 | be collected and enforced by the
Illinois Department of | ||||||
23 | Revenue. The Department shall have full power to
administer and | ||||||
24 | enforce this subsection, to collect all taxes and penalties so
| ||||||
25 | collected in the manner provided in this subsection, and to |
| |||||||
| |||||||
1 | determine all
rights to credit memoranda arising on account of | ||||||
2 | the erroneous payment of
tax or penalty under this subsection. | ||||||
3 | In the administration of and
compliance with this subsection, | ||||||
4 | the Department and persons who are subject
to this subsection | ||||||
5 | shall have the same rights, remedies, privileges,
immunities, | ||||||
6 | powers, and duties, shall be subject to the same conditions,
| ||||||
7 | restrictions, limitations, penalties, exclusions, exemptions, | ||||||
8 | and
definitions of terms, and shall employ the same modes of | ||||||
9 | procedure
applicable to this Retailers' Occupation Tax as are | ||||||
10 | prescribed in Sections
1, 2 through 2-65 (in respect to all | ||||||
11 | provisions of those Sections other
than the State rate of | ||||||
12 | taxes), 2c, 2h, 2i, 3 (except as to the disposition
of taxes | ||||||
13 | and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
| ||||||
14 | 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13 and, and until | ||||||
15 | January 1, 1994, 13.5
of the Retailers' Occupation Tax Act, | ||||||
16 | and, on and after January 1, 1994, all
applicable provisions of | ||||||
17 | the Uniform Penalty and Interest Act that are not
inconsistent | ||||||
18 | with this Act, as fully as if provisions contained in those
| ||||||
19 | Sections of the Retailers' Occupation Tax Act were set forth in | ||||||
20 | this
subsection.
| ||||||
21 | Persons subject to any tax imposed under the authority | ||||||
22 | granted in
this subsection may reimburse themselves for their | ||||||
23 | seller's tax liability
under this subsection by separately | ||||||
24 | stating that tax as an additional
charge, which charge may be | ||||||
25 | stated in combination, in a single amount, with
State taxes | ||||||
26 | that sellers are required to collect under the Use Tax Act,
|
| |||||||
| |||||||
1 | pursuant to bracket schedules as the Department may prescribe.
| ||||||
2 | The retailer filing the return shall, at the time of filing the
| ||||||
3 | return, pay to the Department the amount of tax imposed under | ||||||
4 | this
subsection, less a discount of 1.75%, which is allowed to | ||||||
5 | reimburse the
retailer for the expenses incurred in keeping | ||||||
6 | records, preparing and
filing returns, remitting the tax, and | ||||||
7 | supplying data to the Department on
request.
| ||||||
8 | Whenever the Department determines that a refund should be | ||||||
9 | made under
this subsection to a claimant instead of issuing a | ||||||
10 | credit memorandum, the
Department shall notify the State | ||||||
11 | Comptroller, who shall cause a warrant
to be drawn for the | ||||||
12 | amount specified and to the person named in the
notification | ||||||
13 | from the Department. The refund shall be paid by the State
| ||||||
14 | Treasurer out of the Metropolitan Pier and Exposition Authority | ||||||
15 | trust fund
held by the State Treasurer as trustee for the | ||||||
16 | Authority.
| ||||||
17 | Nothing in this subsection authorizes the Authority to | ||||||
18 | impose a tax upon
the privilege of engaging in any business | ||||||
19 | that under the Constitution of
the United States may not be | ||||||
20 | made the subject of taxation by this State.
| ||||||
21 | The Department shall forthwith pay over to the State | ||||||
22 | Treasurer, ex
officio, as trustee for the Authority, all taxes | ||||||
23 | and penalties collected
under this subsection for deposit into | ||||||
24 | a trust fund held outside of the
State Treasury. On or before | ||||||
25 | the 25th day of each calendar month, the
Department shall | ||||||
26 | prepare and certify to the Comptroller the amounts to be
paid |
| |||||||
| |||||||
1 | under subsection (g) of this Section, which shall be the | ||||||
2 | amounts, not
including credit memoranda, collected under this | ||||||
3 | subsection during the second
preceding calendar month by the | ||||||
4 | Department, less any amounts determined by the
Department to be | ||||||
5 | necessary for the payment of refunds and less 2% of such
| ||||||
6 | balance, which sum shall be deposited by the State Treasurer | ||||||
7 | into the Tax
Compliance and Administration Fund in the State | ||||||
8 | Treasury from which it shall be
appropriated to the Department | ||||||
9 | to cover the costs of the Department in
administering and | ||||||
10 | enforcing the provisions of this subsection. Within 10 days
| ||||||
11 | after receipt by the Comptroller of the certification, the | ||||||
12 | Comptroller shall
cause the orders to be drawn for the | ||||||
13 | remaining amounts, and the Treasurer shall
administer those | ||||||
14 | amounts as required in subsection (g).
| ||||||
15 | A certificate of registration issued by the Illinois | ||||||
16 | Department of Revenue
to a retailer under the Retailers' | ||||||
17 | Occupation Tax Act shall permit the
registrant to engage in a | ||||||
18 | business that is taxed under the tax imposed
under this | ||||||
19 | subsection, and no additional registration shall be required
| ||||||
20 | under the ordinance imposing the tax or under this subsection.
| ||||||
21 | A certified copy of any ordinance imposing or discontinuing | ||||||
22 | any tax under
this subsection or effecting a change in the rate | ||||||
23 | of that tax shall be
filed with the Department, whereupon the | ||||||
24 | Department shall proceed to
administer and enforce this | ||||||
25 | subsection on behalf of the Authority as of the
first day of | ||||||
26 | the third calendar month following the date of filing.
|
| |||||||
| |||||||
1 | The tax authorized to be levied under this subsection may | ||||||
2 | be levied within
all or any part of the following described | ||||||
3 | portions of the metropolitan area:
| ||||||
4 | (1) that portion of the City of Chicago located within | ||||||
5 | the following
area: Beginning at the point of intersection | ||||||
6 | of the Cook County - DuPage
County line and York Road, then | ||||||
7 | North along York Road to its intersection
with Touhy | ||||||
8 | Avenue, then east along Touhy Avenue to its intersection | ||||||
9 | with
the Northwest Tollway, then southeast along the | ||||||
10 | Northwest Tollway to its
intersection with Lee Street, then | ||||||
11 | south along Lee Street to Higgins Road,
then south and east | ||||||
12 | along Higgins Road to its intersection with Mannheim
Road, | ||||||
13 | then south along Mannheim Road to its intersection with | ||||||
14 | Irving Park
Road, then west along Irving Park Road to its | ||||||
15 | intersection with the Cook
County - DuPage County line, | ||||||
16 | then north and west along the county line to
the point of | ||||||
17 | beginning; and
| ||||||
18 | (2) that portion of the City of Chicago located within | ||||||
19 | the following
area: Beginning at the intersection of West | ||||||
20 | 55th Street with Central
Avenue, then east along West 55th | ||||||
21 | Street to its intersection with South
Cicero Avenue, then | ||||||
22 | south along South Cicero Avenue to its intersection
with | ||||||
23 | West 63rd Street, then west along West 63rd Street to its | ||||||
24 | intersection
with South Central Avenue, then north along | ||||||
25 | South Central Avenue to the
point of beginning; and
| ||||||
26 | (3) that portion of the City of Chicago located within |
| |||||||
| |||||||
1 | the following
area: Beginning at the point 150 feet west of | ||||||
2 | the intersection of the west
line of North Ashland Avenue | ||||||
3 | and the north line of West Diversey Avenue,
then north 150 | ||||||
4 | feet, then east along a line 150 feet north of the north
| ||||||
5 | line of West Diversey Avenue extended to the shoreline of | ||||||
6 | Lake Michigan,
then following the shoreline of Lake | ||||||
7 | Michigan (including Navy Pier and all
other improvements | ||||||
8 | fixed to land, docks, or piers) to the point where the
| ||||||
9 | shoreline of Lake Michigan and the Adlai E. Stevenson | ||||||
10 | Expressway extended
east to that shoreline intersect, then | ||||||
11 | west along the Adlai E. Stevenson
Expressway to a point 150 | ||||||
12 | feet west of the west line of South Ashland
Avenue, then | ||||||
13 | north along a line 150 feet west of the west line of South | ||||||
14 | and
North Ashland Avenue to the point of beginning.
| ||||||
15 | The tax authorized to be levied under this subsection may | ||||||
16 | also be
levied on food, alcoholic beverages, and soft drinks | ||||||
17 | sold on boats and
other watercraft departing from and returning | ||||||
18 | to the shoreline of Lake
Michigan (including Navy Pier and all | ||||||
19 | other improvements fixed to land,
docks, or piers) described in | ||||||
20 | item (3).
| ||||||
21 | (c) By ordinance the Authority shall, as soon as | ||||||
22 | practicable after the
effective date of this amendatory Act of | ||||||
23 | 1991, impose an occupation tax
upon all persons engaged in the | ||||||
24 | corporate limits of the City of Chicago in
the business of | ||||||
25 | renting, leasing, or letting rooms in a hotel, as defined
in | ||||||
26 | the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of |
| |||||||
| |||||||
1 | the gross
rental receipts from the renting, leasing, or letting | ||||||
2 | of hotel rooms within
the City of Chicago, excluding, however, | ||||||
3 | from gross rental receipts
the proceeds of renting, leasing, or | ||||||
4 | letting to permanent residents of
a hotel, as defined in that | ||||||
5 | Act. Gross rental receipts shall not include
charges that are | ||||||
6 | added on account of the liability arising from any tax
imposed | ||||||
7 | by the State or any governmental agency on the occupation of
| ||||||
8 | renting, leasing, or letting rooms in a hotel.
| ||||||
9 | The tax imposed by the Authority under this subsection and | ||||||
10 | all civil
penalties that may be assessed as an incident to that | ||||||
11 | tax shall be collected
and enforced by the Illinois Department | ||||||
12 | of Revenue. The certificate of
registration that is issued by | ||||||
13 | the Department to a lessor under the Hotel
Operators' | ||||||
14 | Occupation Tax Act shall permit that registrant to engage in a
| ||||||
15 | business that is taxable under any ordinance enacted under this
| ||||||
16 | subsection without registering separately with the Department | ||||||
17 | under that
ordinance or under this subsection. The Department | ||||||
18 | shall have full power to
administer and enforce this | ||||||
19 | subsection, to collect all taxes and penalties
due under this | ||||||
20 | subsection, to dispose of taxes and penalties so collected
in | ||||||
21 | the manner provided in this subsection, and to determine all | ||||||
22 | rights to
credit memoranda arising on account of the erroneous | ||||||
23 | payment of tax or
penalty under this subsection. In the | ||||||
24 | administration of and compliance with
this subsection, the | ||||||
25 | Department and persons who are subject to this
subsection shall | ||||||
26 | have the same rights, remedies, privileges, immunities,
|
| |||||||
| |||||||
1 | powers, and duties, shall be subject to the same conditions, | ||||||
2 | restrictions,
limitations, penalties, and definitions of | ||||||
3 | terms, and shall employ the same
modes of procedure as are | ||||||
4 | prescribed in the Hotel Operators' Occupation Tax
Act (except | ||||||
5 | where that Act is inconsistent with this subsection), as fully
| ||||||
6 | as if the provisions contained in the Hotel Operators' | ||||||
7 | Occupation Tax Act
were set out in this subsection.
| ||||||
8 | Whenever the Department determines that a refund should be | ||||||
9 | made under
this subsection to a claimant instead of issuing a | ||||||
10 | credit memorandum, the
Department shall notify the State | ||||||
11 | Comptroller, who shall cause a warrant
to be drawn for the | ||||||
12 | amount specified and to the person named in the
notification | ||||||
13 | from the Department. The refund shall be paid by the State
| ||||||
14 | Treasurer out of the Metropolitan Pier and Exposition Authority | ||||||
15 | trust fund
held by the State Treasurer as trustee for the | ||||||
16 | Authority.
| ||||||
17 | Persons subject to any tax imposed under the authority | ||||||
18 | granted in
this subsection may reimburse themselves for their | ||||||
19 | tax liability for that
tax by separately stating that tax as an | ||||||
20 | additional charge,
which charge may be stated in combination, | ||||||
21 | in a single amount, with State
taxes imposed under the Hotel | ||||||
22 | Operators' Occupation Tax Act, the
municipal tax imposed under | ||||||
23 | Section 8-3-13 of the Illinois Municipal
Code, and the tax | ||||||
24 | imposed under Section 19 of the Illinois Sports
Facilities | ||||||
25 | Authority Act.
| ||||||
26 | The person filing the return shall, at the time of filing |
| |||||||
| |||||||
1 | the return,
pay to the Department the amount of tax, less a | ||||||
2 | discount of 2.1% or $25 per
calendar year, whichever is | ||||||
3 | greater, which is allowed to reimburse the
operator for the | ||||||
4 | expenses incurred in keeping records, preparing and filing
| ||||||
5 | returns, remitting the tax, and supplying data to the | ||||||
6 | Department on request.
| ||||||
7 | The Department shall forthwith pay over to the State | ||||||
8 | Treasurer,
ex officio, as trustee for the Authority, all taxes | ||||||
9 | and penalties collected
under this subsection for deposit into | ||||||
10 | a trust fund held outside the State
Treasury. On or before the | ||||||
11 | 25th day of each calendar month, the Department
shall certify | ||||||
12 | to the Comptroller the amounts to be paid under subsection
(g) | ||||||
13 | of this Section, which shall be the amounts (not including | ||||||
14 | credit
memoranda) collected under this subsection during the | ||||||
15 | second preceding
calendar month by the Department, less any | ||||||
16 | amounts determined by the
Department to be necessary for | ||||||
17 | payment of refunds. Within 10 days after
receipt by the | ||||||
18 | Comptroller of the Department's certification, the
Comptroller | ||||||
19 | shall cause the orders to be drawn for such amounts, and the
| ||||||
20 | Treasurer shall administer those amounts as required in | ||||||
21 | subsection (g).
| ||||||
22 | A certified copy of any ordinance imposing or discontinuing | ||||||
23 | a tax under this
subsection or effecting a change in the rate | ||||||
24 | of that tax shall be filed with
the Illinois Department of | ||||||
25 | Revenue, whereupon the Department shall proceed to
administer | ||||||
26 | and enforce this subsection on behalf of the Authority as of |
| |||||||
| |||||||
1 | the
first day of the third calendar month following the date of | ||||||
2 | filing.
| ||||||
3 | (d) By ordinance the Authority shall, as soon as | ||||||
4 | practicable after the
effective date of this amendatory Act of | ||||||
5 | 1991, impose a tax
upon all persons engaged in the business of | ||||||
6 | renting automobiles in the
metropolitan area at the rate of 6% | ||||||
7 | of the gross
receipts from that business, except that no tax | ||||||
8 | shall be imposed on the
business of renting automobiles for use | ||||||
9 | as taxicabs or in livery service.
The tax imposed under this | ||||||
10 | subsection and all civil penalties that may be
assessed as an | ||||||
11 | incident to that tax shall be collected and enforced by the
| ||||||
12 | Illinois Department of Revenue. The certificate of | ||||||
13 | registration issued by
the Department to a retailer under the | ||||||
14 | Retailers' Occupation Tax Act or
under the Automobile Renting | ||||||
15 | Occupation and Use Tax Act shall permit that
person to engage | ||||||
16 | in a business that is taxable under any ordinance enacted
under | ||||||
17 | this subsection without registering separately with the | ||||||
18 | Department
under that ordinance or under this subsection. The | ||||||
19 | Department shall have
full power to administer and enforce this | ||||||
20 | subsection, to collect all taxes
and penalties due under this | ||||||
21 | subsection, to dispose of taxes and penalties
so collected in | ||||||
22 | the manner provided in this subsection, and to determine
all | ||||||
23 | rights to credit memoranda arising on account of the erroneous | ||||||
24 | payment
of tax or penalty under this subsection. In the | ||||||
25 | administration of and
compliance with this subsection, the | ||||||
26 | Department and persons who are subject
to this subsection shall |
| |||||||
| |||||||
1 | have the same rights, remedies, privileges,
immunities, | ||||||
2 | powers, and duties, be subject to the same conditions,
| ||||||
3 | restrictions, limitations, penalties, and definitions of | ||||||
4 | terms, and employ
the same modes of procedure as are prescribed | ||||||
5 | in Sections 2 and 3 (in
respect to all provisions of those | ||||||
6 | Sections other than the State rate of
tax; and in respect to | ||||||
7 | the provisions of the Retailers' Occupation Tax Act
referred to | ||||||
8 | in those Sections, except as to the disposition of taxes and
| ||||||
9 | penalties collected, except for the provision allowing | ||||||
10 | retailers a
deduction from the tax to cover certain costs, and | ||||||
11 | except that credit
memoranda issued under this subsection may | ||||||
12 | not be used to discharge any
State tax liability) of the | ||||||
13 | Automobile Renting Occupation and Use Tax Act,
as fully as if | ||||||
14 | provisions contained in those Sections of that Act were set
| ||||||
15 | forth in this subsection.
| ||||||
16 | Persons subject to any tax imposed under the authority | ||||||
17 | granted in
this subsection may reimburse themselves for their | ||||||
18 | tax liability under this
subsection by separately stating that | ||||||
19 | tax as an additional charge, which
charge may be stated in | ||||||
20 | combination, in a single amount, with State tax
that sellers | ||||||
21 | are required to collect under the Automobile Renting
Occupation | ||||||
22 | and Use Tax Act, pursuant to bracket schedules as the | ||||||
23 | Department
may prescribe.
| ||||||
24 | Whenever the Department determines that a refund should be | ||||||
25 | made under
this subsection to a claimant instead of issuing a | ||||||
26 | credit memorandum, the
Department shall notify the State |
| |||||||
| |||||||
1 | Comptroller, who shall cause a warrant to
be drawn for the | ||||||
2 | amount specified and to the person named in the
notification | ||||||
3 | from the Department. The refund shall be paid by the State
| ||||||
4 | Treasurer out of the Metropolitan Pier and Exposition Authority | ||||||
5 | trust fund
held by the State Treasurer as trustee for the | ||||||
6 | Authority.
| ||||||
7 | The Department shall forthwith pay over to the State | ||||||
8 | Treasurer, ex officio,
as trustee, all taxes and penalties | ||||||
9 | collected under this subsection for
deposit into a trust fund | ||||||
10 | held outside the State Treasury. On or before the
25th day of | ||||||
11 | each calendar month, the Department shall certify
to the | ||||||
12 | Comptroller the amounts to be paid under subsection (g) of this
| ||||||
13 | Section (not including credit memoranda) collected under this | ||||||
14 | subsection
during the second preceding calendar month by the | ||||||
15 | Department, less any
amount determined by the Department to be | ||||||
16 | necessary for payment of refunds.
Within 10 days after receipt | ||||||
17 | by the Comptroller of the Department's
certification, the | ||||||
18 | Comptroller shall cause the orders to be drawn for such
| ||||||
19 | amounts, and the Treasurer shall administer those amounts as | ||||||
20 | required in
subsection (g).
| ||||||
21 | Nothing in this subsection authorizes the Authority to | ||||||
22 | impose a tax upon
the privilege of engaging in any business | ||||||
23 | that under the Constitution of
the United States may not be | ||||||
24 | made the subject of taxation by this State.
| ||||||
25 | A certified copy of any ordinance imposing or discontinuing | ||||||
26 | a tax under
this subsection or effecting a change in the rate |
| |||||||
| |||||||
1 | of that tax shall be
filed with the Illinois Department of | ||||||
2 | Revenue, whereupon the Department
shall proceed to administer | ||||||
3 | and enforce this subsection on behalf of the
Authority as of | ||||||
4 | the first day of the third calendar month following the
date of | ||||||
5 | filing.
| ||||||
6 | (e) By ordinance the Authority shall, as soon as | ||||||
7 | practicable after the
effective date of this amendatory Act of | ||||||
8 | 1991, impose a tax upon the
privilege of using in the | ||||||
9 | metropolitan area an automobile that is rented
from a rentor | ||||||
10 | outside Illinois and is titled or registered with an agency
of | ||||||
11 | this State's government at a rate of 6% of the rental price of | ||||||
12 | that
automobile, except that no tax shall be imposed on the | ||||||
13 | privilege of using
automobiles rented for use as taxicabs or in | ||||||
14 | livery service. The tax shall
be collected from persons whose | ||||||
15 | Illinois address for titling or
registration purposes is given | ||||||
16 | as being in the metropolitan area. The tax
shall be collected | ||||||
17 | by the Department of Revenue for the Authority. The tax
must be | ||||||
18 | paid to the State or an exemption determination must be | ||||||
19 | obtained
from the Department of Revenue before the title or | ||||||
20 | certificate of
registration for the property may be issued. The | ||||||
21 | tax or proof of exemption
may be transmitted to the Department | ||||||
22 | by way of the State agency with which
or State officer with | ||||||
23 | whom the tangible personal property must be titled or
| ||||||
24 | registered if the Department and that agency or State officer | ||||||
25 | determine
that this procedure will expedite the processing of | ||||||
26 | applications for title
or registration.
|
| |||||||
| |||||||
1 | The Department shall have full power to administer and | ||||||
2 | enforce this
subsection, to collect all taxes, penalties, and | ||||||
3 | interest due under this
subsection, to dispose of taxes, | ||||||
4 | penalties, and interest so collected in
the manner provided in | ||||||
5 | this subsection, and to determine all rights to
credit | ||||||
6 | memoranda or refunds arising on account of the erroneous | ||||||
7 | payment of
tax, penalty, or interest under this subsection. In | ||||||
8 | the administration of
and compliance with this subsection, the | ||||||
9 | Department and persons who are
subject to this subsection shall | ||||||
10 | have the same rights, remedies,
privileges, immunities, | ||||||
11 | powers, and duties, be subject to the same
conditions, | ||||||
12 | restrictions, limitations, penalties, and definitions of | ||||||
13 | terms,
and employ the same modes of procedure as are prescribed | ||||||
14 | in Sections 2 and
4 (except provisions pertaining to the State | ||||||
15 | rate of tax; and in respect to
the provisions of the Use Tax | ||||||
16 | Act referred to in that Section, except
provisions concerning | ||||||
17 | collection or refunding of the tax by retailers,
except the | ||||||
18 | provisions of Section 19 pertaining to claims by retailers,
| ||||||
19 | except the last paragraph concerning refunds, and except that | ||||||
20 | credit
memoranda issued under this subsection may not be used | ||||||
21 | to discharge any
State tax liability) of the Automobile Renting | ||||||
22 | Occupation and Use Tax Act,
as fully as if provisions contained | ||||||
23 | in those Sections of that Act were set
forth in this | ||||||
24 | subsection.
| ||||||
25 | Whenever the Department determines that a refund should be | ||||||
26 | made under this
subsection to a claimant instead of issuing a |
| |||||||
| |||||||
1 | credit memorandum, the Department
shall notify the State | ||||||
2 | Comptroller, who shall cause a warrant to be drawn
for the | ||||||
3 | amount specified and to the person named in the notification
| ||||||
4 | from the Department. The refund shall be paid by the State | ||||||
5 | Treasurer out
of the Metropolitan Pier and Exposition Authority | ||||||
6 | trust fund held by the
State Treasurer as trustee for the | ||||||
7 | Authority.
| ||||||
8 | The Department shall forthwith pay over to the State | ||||||
9 | Treasurer, ex officio,
as trustee, all taxes, penalties, and | ||||||
10 | interest collected under this
subsection for deposit into a | ||||||
11 | trust fund held outside the State Treasury.
On or before the | ||||||
12 | 25th day of each calendar month, the Department shall
certify | ||||||
13 | to the State Comptroller the amounts to be paid under | ||||||
14 | subsection
(g) of this Section, which shall be the amounts (not | ||||||
15 | including credit
memoranda) collected under this subsection | ||||||
16 | during the second preceding
calendar month by the Department, | ||||||
17 | less any amounts determined by the
Department to be necessary | ||||||
18 | for payment of refunds. Within 10 days after
receipt by the | ||||||
19 | State Comptroller of the Department's certification, the
| ||||||
20 | Comptroller shall cause the orders to be drawn for such | ||||||
21 | amounts, and the
Treasurer shall administer those amounts as | ||||||
22 | required in subsection (g).
| ||||||
23 | A certified copy of any ordinance imposing or discontinuing | ||||||
24 | a tax or
effecting a change in the rate of that tax shall be | ||||||
25 | filed with the Illinois
Department of Revenue, whereupon the | ||||||
26 | Department shall proceed to administer
and enforce this |
| |||||||
| |||||||
1 | subsection on behalf of the Authority as of the first day
of | ||||||
2 | the third calendar month following the date of filing.
| ||||||
3 | (f) By ordinance the Authority shall, as soon as | ||||||
4 | practicable after the
effective date of this amendatory Act of | ||||||
5 | 1991, impose an occupation tax on all
persons, other than a | ||||||
6 | governmental agency, engaged in the business of
providing | ||||||
7 | ground transportation for hire to passengers in the | ||||||
8 | metropolitan
area at a rate of (i) $2 per taxi or livery | ||||||
9 | vehicle departure with
passengers for hire from commercial | ||||||
10 | service airports in the metropolitan
area, (ii) for each | ||||||
11 | departure with passengers for hire from a commercial
service | ||||||
12 | airport in the metropolitan area in a bus or van operated by a
| ||||||
13 | person other than a person described in item (iii): $9 per bus | ||||||
14 | or van with
a capacity of 1-12 passengers, $18 per bus or van | ||||||
15 | with a capacity of 13-24
passengers, and $27 per bus or van | ||||||
16 | with a capacity of over 24 passengers,
and (iii) for each | ||||||
17 | departure with passengers for hire from a commercial
service | ||||||
18 | airport in the metropolitan area in a bus or van operated by a
| ||||||
19 | person regulated by the Interstate Commerce Commission or | ||||||
20 | Illinois Commerce
Commission, operating scheduled service from | ||||||
21 | the airport, and charging fares on
a per passenger basis: $1 | ||||||
22 | per passenger for hire in each bus or van. The term
"commercial | ||||||
23 | service airports" means those airports receiving scheduled
| ||||||
24 | passenger service and enplaning more than 100,000 passengers | ||||||
25 | per year.
| ||||||
26 | In the ordinance imposing the tax, the Authority may |
| |||||||
| |||||||
1 | provide for the
administration and enforcement of the tax and | ||||||
2 | the collection of the tax
from persons subject to the tax as | ||||||
3 | the Authority determines to be necessary
or practicable for the | ||||||
4 | effective administration of the tax. The Authority
may enter | ||||||
5 | into agreements as it deems appropriate with any governmental
| ||||||
6 | agency providing for that agency to act as the Authority's | ||||||
7 | agent to
collect the tax.
| ||||||
8 | In the ordinance imposing the tax, the Authority may | ||||||
9 | designate a method or
methods for persons subject to the tax to | ||||||
10 | reimburse themselves for the tax
liability arising under the | ||||||
11 | ordinance (i) by separately stating the full
amount of the tax | ||||||
12 | liability as an additional charge to passengers departing
the | ||||||
13 | airports, (ii) by separately stating one-half of the tax | ||||||
14 | liability as
an additional charge to both passengers departing | ||||||
15 | from and to passengers
arriving at the airports, or (iii) by | ||||||
16 | some other method determined by the
Authority.
| ||||||
17 | All taxes, penalties, and interest collected under any | ||||||
18 | ordinance adopted
under this subsection, less any amounts | ||||||
19 | determined to be necessary for the
payment of refunds, shall be | ||||||
20 | paid forthwith to the State Treasurer, ex
officio, for deposit | ||||||
21 | into a trust fund held outside the State Treasury and
shall be | ||||||
22 | administered by the State Treasurer as provided in subsection | ||||||
23 | (g)
of this Section.
| ||||||
24 | (g) Amounts deposited from the proceeds of taxes imposed by | ||||||
25 | the
Authority under subsections (b), (c), (d), (e), and (f) of | ||||||
26 | this Section and
amounts deposited under Section 19 of the |
| |||||||
| |||||||
1 | Illinois Sports Facilities
Authority Act shall be held in a | ||||||
2 | trust fund outside the State Treasury and
shall be administered | ||||||
3 | by the Treasurer as follows: first, an amount
necessary for the | ||||||
4 | payment of refunds shall be retained in the trust fund;
second, | ||||||
5 | the balance of the proceeds deposited in the trust fund during
| ||||||
6 | fiscal year 1993 shall be retained in the trust fund during | ||||||
7 | that year and
thereafter shall be administered as a reserve to | ||||||
8 | fund the deposits
required in item "third"; third, beginning | ||||||
9 | July 20, 1993, and continuing
each month thereafter, provided | ||||||
10 | that the amount requested in the annual
certificate of the | ||||||
11 | Chairman of the Authority filed under Section 8.25f of
the | ||||||
12 | State Finance Act has been appropriated for payment to the | ||||||
13 | Authority,
1/8 of the annual amount requested in that | ||||||
14 | certificate , together with any
cumulative deficiencies shall | ||||||
15 | be transferred from the trust fund into the
McCormick Place | ||||||
16 | Expansion Project Fund in the State Treasury until 100% of the
| ||||||
17 | amount requested in that certificate plus any cumulative | ||||||
18 | deficiencies in such prior transfers, in the
amounts | ||||||
19 | transferred from the trust fund into the McCormick Place | ||||||
20 | Expansion Project Fund under this
item "third", have been so | ||||||
21 | transferred; fourth, the balance shall be maintained
in the | ||||||
22 | trust fund; fifth, on July 20, 1994, and on July 20 of each | ||||||
23 | year
thereafter the Treasurer shall calculate for the previous | ||||||
24 | fiscal year the
surplus revenues in the trust fund and pay that | ||||||
25 | amount to the Authority.
"Surplus revenues" shall mean the | ||||||
26 | difference between the amount in the trust
fund on June 30 of |
| |||||||
| |||||||
1 | the fiscal year previous to the current fiscal year
(excluding | ||||||
2 | amounts retained for refunds under item "first") minus the | ||||||
3 | amount
deposited in the trust fund during fiscal year 1993 | ||||||
4 | under item "second". Moneys
received by the Authority under | ||||||
5 | item "fifth" may be used solely for the
purposes of paying debt | ||||||
6 | service on the bonds and notes issued by the Authority,
| ||||||
7 | including early redemption of those bonds or notes, and for the | ||||||
8 | purposes of repair, replacement, and improvement of
the | ||||||
9 | grounds, buildings, and facilities of
the Authority; provided | ||||||
10 | that any moneys in excess of
$50,000,000 held
by the Authority | ||||||
11 | as of June 30 in any fiscal year and received by the Authority
| ||||||
12 | under item "fifth" shall be used solely for paying the debt | ||||||
13 | service on or early
redemption of the Authority's bonds or | ||||||
14 | notes. When bonds and notes issued
under Section 13.2, or bonds | ||||||
15 | or notes issued to refund those bonds and notes,
are no longer | ||||||
16 | outstanding, the balance in the trust fund shall be paid to the
| ||||||
17 | Authority.
| ||||||
18 | (h) The ordinances imposing the taxes authorized by this | ||||||
19 | Section shall
be repealed when bonds and notes issued under | ||||||
20 | Section 13.2 or bonds and
notes issued to refund those bonds | ||||||
21 | and notes are no longer outstanding.
| ||||||
22 | (Source: P.A. 90-612, eff. 7-8-98.)
| ||||||
23 | (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
| ||||||
24 | Sec. 13.2. The McCormick Place Expansion Project Fund is | ||||||
25 | created in
the State Treasury. All moneys in the McCormick |
| |||||||
| |||||||
1 | Place Expansion Project
Fund are allocated to and shall be | ||||||
2 | appropriated and used only for the
purposes authorized by and | ||||||
3 | subject to the limitations and conditions of
this Section. | ||||||
4 | Those amounts may be appropriated by law to
the Authority
for | ||||||
5 | the purposes of paying the debt service requirements on all | ||||||
6 | bonds and
notes, including bonds and notes issued to refund or | ||||||
7 | advance
refund bonds and notes issued under this Section or | ||||||
8 | issued to refund or
advance refund bonds and notes otherwise | ||||||
9 | issued under this Act, (collectively
referred to as
"bonds") to | ||||||
10 | be issued by the Authority under this Section in an aggregate
| ||||||
11 | original principal amount (excluding the amount of any bonds | ||||||
12 | and
notes issued to refund or advance refund bonds or notes | ||||||
13 | issued under this
Section) not to exceed $2,457,000,000
| ||||||
14 | $2,107,000,000 for the purposes
of
carrying out and
performing | ||||||
15 | its duties and exercising its powers under this Act.
No bonds | ||||||
16 | issued to refund or advance refund bonds issued
under this | ||||||
17 | Section may mature later than fiscal year 2048. Notwithstanding | ||||||
18 | the provisions of Section 10 of this Act, bonds issued by the | ||||||
19 | Authority under this Section may mature at the end of the | ||||||
20 | fiscal year that is the 40th anniversary of the year in which | ||||||
21 | the bonds are issued
the longest maturity date of
the series of | ||||||
22 | bonds being refunded . After the aggregate original principal
| ||||||
23 | amount of
bonds authorized in this Section has been issued, the
| ||||||
24 | payment of any
principal amount of such bonds does not | ||||||
25 | authorize the issuance of
additional bonds (except refunding | ||||||
26 | bonds).
|
| |||||||
| |||||||
1 | On the first day of each month commencing after July 1, | ||||||
2 | 1993, amounts, if
any, on deposit in the McCormick Place | ||||||
3 | Expansion Project Fund shall,
subject to appropriation, be paid | ||||||
4 | in full to the Authority or, upon its
direction, to the trustee | ||||||
5 | or trustees for bondholders of bonds that by
their terms are | ||||||
6 | payable from the moneys received from the McCormick Place
| ||||||
7 | Expansion Project Fund, until an amount equal to 100% of the
| ||||||
8 | aggregate amount of the principal and interest in the fiscal | ||||||
9 | year,
including that pursuant to sinking fund requirements, has | ||||||
10 | been so paid and
deficiencies in reserves shall have been | ||||||
11 | remedied.
| ||||||
12 | The State of Illinois pledges to and agrees with the | ||||||
13 | holders of the bonds
of the Metropolitan Pier and Exposition | ||||||
14 | Authority issued under this
Section that the State will not | ||||||
15 | limit or alter the rights and powers vested
in the Authority by | ||||||
16 | this Act so as to impair the terms of any contract made
by the | ||||||
17 | Authority with those holders or in any way impair the rights | ||||||
18 | and
remedies of those holders until the bonds, together with | ||||||
19 | interest thereon,
interest on any unpaid installments of | ||||||
20 | interest, and all costs and
expenses in connection with any | ||||||
21 | action or proceedings by or on behalf of
those holders are | ||||||
22 | fully met and discharged; provided that any increase in
the Tax | ||||||
23 | Act Amounts specified in Section 3 of the Retailers' Occupation | ||||||
24 | Tax
Act, Section 9 of the Use Tax Act, Section 9 of the Service | ||||||
25 | Use Tax Act,
and Section 9 of the Service Occupation Tax Act | ||||||
26 | required to be deposited
into the Build Illinois Bond Account |
| |||||||
| |||||||
1 | in the Build Illinois Fund pursuant to
any law hereafter | ||||||
2 | enacted shall not be deemed to impair the rights of such
| ||||||
3 | holders so long as the increase does not result in the | ||||||
4 | aggregate debt
service payable in the current or any future | ||||||
5 | fiscal year of the State on
all bonds issued pursuant to the | ||||||
6 | Build Illinois Bond Act and the
Metropolitan Pier and | ||||||
7 | Exposition Authority Act and payable from tax
revenues | ||||||
8 | specified in Section 3 of the Retailers' Occupation Tax Act,
| ||||||
9 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
10 | Act, and
Section 9 of the Service Occupation Tax Act exceeding | ||||||
11 | 33 1/3% of such tax
revenues for the most recently completed | ||||||
12 | fiscal year of the State at the
time of such increase. In | ||||||
13 | addition, the State pledges to and agrees with
the holders of | ||||||
14 | the bonds of the Authority issued under this Section that
the | ||||||
15 | State will not limit or alter the basis on which State funds | ||||||
16 | are to be
paid to the Authority as provided in this Act or the | ||||||
17 | use of those funds so
as to impair the terms of any such | ||||||
18 | contract; provided that any increase in
the Tax Act Amounts | ||||||
19 | specified in Section 3 of the Retailers' Occupation Tax
Act, | ||||||
20 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
21 | Act,
and Section 9 of the Service Occupation Tax Act required | ||||||
22 | to be deposited
into the Build Illinois Bond Account in the | ||||||
23 | Build Illinois Fund pursuant to
any law hereafter enacted shall | ||||||
24 | not be deemed to impair the terms of any
such contract so long | ||||||
25 | as the increase does not result in the aggregate debt
service | ||||||
26 | payable in the current or any future fiscal year of the State |
| |||||||
| |||||||
1 | on
all bonds issued pursuant to the Build Illinois Bond Act and | ||||||
2 | the
Metropolitan Pier and Exposition Authority Act and payable | ||||||
3 | from tax
revenues specified in Section 3 of the Retailers' | ||||||
4 | Occupation Tax Act,
Section 9 of the Use Tax Act, Section 9 of | ||||||
5 | the Service Use Tax Act, and
Section 9 of the Service | ||||||
6 | Occupation Tax Act exceeding 33 1/3% of such tax
revenues for | ||||||
7 | the most recently completed fiscal year of the State at the
| ||||||
8 | time of such increase. The Authority is authorized to include | ||||||
9 | these pledges
and agreements with the State in any contract | ||||||
10 | with the holders of bonds
issued under this Section.
| ||||||
11 | The State shall not be liable on bonds of the Authority | ||||||
12 | issued under this
Section those bonds shall not be a debt of | ||||||
13 | the State, and this Act shall
not be construed as a guarantee | ||||||
14 | by the State of the debts of the Authority.
The bonds shall | ||||||
15 | contain a statement to this effect on the face of the bonds.
| ||||||
16 | (Source: P.A. 91-101, eff. 7-12-99; 92-208, eff. 8-2-01.)
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|