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Rep. Dave Winters
Filed: 3/16/2011
| | 09700HB1090ham001 | | LRB097 06439 HLH 53168 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1090
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1090 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Aircraft Use Tax Law is amended by changing |
| 5 | | Section 10-15 as follows:
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| 6 | | (35 ILCS 157/10-15)
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| 7 | | Sec. 10-15. Tax imposed. A tax is hereby imposed on the |
| 8 | | privilege of
using,
in this State, any aircraft as defined in |
| 9 | | Section 3 of the Illinois Aeronautics
Act acquired
by gift, |
| 10 | | transfer, or purchase after June 30, 2003. This tax does not |
| 11 | | apply (i)
if the use of
the aircraft is otherwise taxed under |
| 12 | | the Use Tax Act; (ii) if the aircraft is
bought and
used by a |
| 13 | | governmental agency or a society, association, foundation, or
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| 14 | | institution
organized and operated exclusively for charitable, |
| 15 | | religious, or educational
purposes; (iii)
if the use of the |
| 16 | | aircraft is not subject to the Use Tax Act by reason of
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| | 09700HB1090ham001 | - 2 - | LRB097 06439 HLH 53168 a |
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| 1 | | subsection (a), (b),
(c), (d), or (e) of Section 3-55 of that |
| 2 | | Act dealing with the prevention of
actual or likely
multistate |
| 3 | | taxation; or (iv) if the transfer is a gift to a beneficiary in |
| 4 | | the
administration of
an estate and the beneficiary is a |
| 5 | | surviving spouse; (v) if the transfer is between family |
| 6 | | members; or (vi) if the transfer is between divisions within |
| 7 | | the same corporation. For purposes of this Section "family |
| 8 | | member" means mother, father, grandmother, grandfather, son, |
| 9 | | daughter, grandson, granddaughter, sibling, aunt, uncle, |
| 10 | | niece, nephew, or cousin. The rate of tax shall be
6.25% of the
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| 11 | | selling price for each purchase of aircraft that qualifies |
| 12 | | under this Law. For
purposes of
calculating the tax due under |
| 13 | | this Law when an aircraft is acquired by gift or
transfer, the
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| 14 | | tax shall be imposed on the fair market value of the aircraft |
| 15 | | on the date the
aircraft is
acquired or the date the aircraft |
| 16 | | is brought into the State, whichever is
later.
Tax shall be
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| 17 | | imposed on the selling price of an aircraft acquired through |
| 18 | | purchase. However,
the
selling price shall not be less than the |
| 19 | | fair market value of the aircraft on
the date the
aircraft is |
| 20 | | purchased or the date the aircraft is brought into the State,
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| 21 | | whichever is later.
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| 22 | | (Source: P.A. 93-24, eff. 6-20-03.)".
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