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35 ILCS 135/2
(35 ILCS 135/2) (from Ch. 120, par. 453.32)
Sec. 2.
Beginning on July 1, 2019, in place of the aggregate tax rate of 99 mills previously imposed by this Act, a tax is imposed upon the privilege of using cigarettes in this State at the rate of 149 mills per cigarette so used.
The tax herein imposed shall be in
addition to
all other occupation or privilege taxes imposed by the State of Illinois or by
any political subdivision thereof or by any municipal corporation.
If the tax imposed herein terminates or has terminated, distributors
who have bought stamps while such tax was in effect and who therefore paid
such tax, but who can show, to the Department's satisfaction, that they
sold the cigarettes to which they affixed such stamps after such tax had
terminated and did not recover the tax or its equivalent from purchasers,
shall be allowed by the Department to take credit for such absorbed tax
against subsequent tax stamp purchases from the Department by such
distributors.
When the word "tax" is used in this Act, it shall include any tax or tax
rate imposed by this Act and shall mean the singular of "tax" or the plural
"taxes" as the context may require.
Any retailer having cigarettes in its possession on July 1, 2019 to which tax stamps have been affixed is not required to pay the additional tax that begins on July 1, 2019 imposed by this amendatory Act of the 101st General Assembly on those stamped cigarettes. Any distributor having cigarettes in his or her possession on July 1, 2019 to which tax stamps have been affixed, and any distributor having stamps in his or her possession on July 1, 2019 that have not been affixed to packages of cigarettes before July 1, 2019, is required to pay the additional tax that begins on July 1, 2019 imposed by this amendatory Act of the 101st General Assembly to the extent that the volume of affixed and unaffixed stamps in the distributor's possession on July 1, 2019 exceeds the average monthly volume of cigarette stamps purchased by the distributor in calendar year 2018. This payment, less the discount provided in Section 3, is due when the distributor first makes a purchase of cigarette stamps on or after July 1, 2019 or on the first due date of a return under this Act occurring on or after July 1, 2019, whichever occurs first. Those distributors may elect to pay the additional tax on packages of cigarettes to which stamps have been affixed and on any stamps in the distributor's possession that have not been affixed to packages of cigarettes in their possession on July 1, 2019 over a period not to exceed 12 months from the due date of the additional tax by notifying the Department in writing. The first payment for distributors making such election is due when the distributor first makes a purchase of cigarette tax stamps on or after July 1, 2019 or on the first due date of a return under this Act occurring on or after July 1, 2019, whichever occurs first. Distributors making such an election are not entitled to take the discount provided in Section 3 on such payments.
(Source: P.A. 101-31, eff. 6-28-19.)
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