97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1090
 
Introduced 02/04/11, by Rep. Thomas Holbrook
 
SYNOPSIS AS INTRODUCED:
 

 



35 ILCS 157/10-15

     Amends the Aircraft Use Tax Law.  Provides that the tax does not apply to an aircraft that is not eligible to receive a certificate of airworthiness from the Federal Aviation Administration because the aircraft is not in a condition for safe operation.
  


LRB097 06439 HLH 46521 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB1090LRB097 06439 HLH 46521 b


  
1    AN ACT concerning revenue.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Aircraft Use Tax Law is amended  by changing 
5Section 10-15 as follows:
 



6    (35 ILCS 157/10-15)



7    Sec. 10-15. Tax imposed. A tax is hereby imposed on the 
8privilege of
using,
in this State, any aircraft as defined in 
9Section 3 of the Illinois Aeronautics
Act acquired
by gift, 
10transfer, or purchase after June 30, 2003. This tax does not 
11apply (i)
if the use of
the aircraft is otherwise taxed under 
12the Use Tax Act; (ii) if the aircraft is
bought and
used by a 
13governmental agency or a society, association, foundation, or

14institution
organized and operated exclusively for charitable, 
15religious, or educational
purposes; (iii)
if the use of the 
16aircraft is not subject to the Use Tax Act by reason of

17subsection (a), (b),
(c), (d), or (e) of Section 3-55 of that 
18Act dealing with the prevention of
actual or likely
multistate 
19taxation; or (iv) if the transfer is a gift to a beneficiary in 
20the
administration of
an estate and the beneficiary is a 
21surviving spouse; or (v) if the aircraft is not eligible to 
22receive a certificate of airworthiness from the Federal 
23Aviation Administration because it is not in a condition for 
 
 
HB1090- 2 -LRB097 06439 HLH 46521 b

1safe operation. The rate of tax shall be
6.25% of the
selling 
2price for each purchase of aircraft that qualifies under this 
3Law. For
purposes of
calculating the tax due under this Law 
4when an aircraft is acquired by gift or
transfer, the
tax shall 
5be imposed on the fair market value of the aircraft on the date 
6the
aircraft is
acquired or the date the aircraft is brought 
7into the State, whichever is
later.
Tax shall be
imposed on the 
8selling price of an aircraft acquired through purchase. 
9However,
the
selling price shall not be less than the fair 
10market value of the aircraft on
the date the
aircraft is 
11purchased or the date the aircraft is brought into the State,

12whichever is later.

13(Source: P.A. 93-24, eff. 6-20-03.)