100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1434

 

Introduced 2/9/2017, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
New Act
35 ILCS 105/3-5
35 ILCS 120/2-5

    Creates the Rental Purchase Agreement Occupation and Use Tax Act. Provides that an occupation tax is imposed upon persons engaged in this State in the business of renting merchandise under a rental-purchase agreement in Illinois, at the rate of 6.25% of the gross receipts received from such business. Provides that a corresponding use tax is imposed upon the privilege of using merchandise rented under a rental-purchase agreement in Illinois at the rate of 6.25% of the gross receipts received from such business. Provides for the imposition and collection of both taxes by the Department of Revenue, and for the filing of returns and the payment of taxes imposed under this Act. Provides the Department of Revenue with rulemaking authority. Amends the Use Tax Act and the Retailers' Occupation Tax Act to make conforming changes. Effective immediately.


LRB100 06488 HLH 16528 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1434LRB100 06488 HLH 16528 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 1. Short title. This Act may be cited as the Rental
5Purchase Agreement Occupation and Use Tax Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Consumer" means an individual who leases personal
8property under a rental-purchase agreement.
9    "Department" means the Department of Revenue.
10    "Gross receipts" from the renting of tangible personal
11property or "rent" means the total rental price or leasing
12price. In the case of rental transactions in which the
13consideration is paid to the merchant on an installment basis,
14the amounts of such payments shall be included by the merchant
15in gross receipts or rent only as and when payments are
16received by the merchant. "Gross receipts" does not include
17receipts received by a merchant for delivery fees,
18reinstatement fees, processing fees, waiver fees or club
19program fees.
20    "Merchandise" means the personal property that is the
21subject of a rental-purchase agreement.
22    "Merchant" means a person who, in the ordinary course of
23business, regularly leases, offers to lease or arranges for the

 

 

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1leasing of merchandise under a rental-purchase agreement, and
2includes a person who is assigned an interest in a
3rental-purchase agreement.
4    "Person" means any natural individual, firm, partnership,
5association, joint stock company, joint adventure, public or
6private corporation, limited liability company, or a receiver,
7executor, trustee, conservator or other representative
8appointed by order of any court.
9    "Rental price" means the consideration for renting
10merchandise valued in money, whether received in money or
11otherwise, including cash credits, property and services, and
12shall be determined without any deduction on account of the
13cost of the property rented, the cost of materials used, labor
14or service cost, or any other expense whatsoever, but does not
15include charges that are added by a merchant on account of the
16merchant's tax liability under this Act or on account of the
17merchant's duty to collect, from the consumer, the tax that is
18imposed by Section 4 of this Act. The phrase "rental price"
19does not include compensation paid to a merchant by a consumer
20in consideration of the waiver by the merchant of any right of
21action or claim against the consumer for loss or damage to the
22merchandise rented and also does not include a separately
23stated charge for insurance or other separately stated charges
24that are not for the use of tangible personal property.
25    "Rental Purchase Agreement" has the meaning provided in the
26Rental Purchase Agreement Act.

 

 

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1    "Renting" means any transfer of the possession or right to
2possession of merchandise to a user for a valuable
3consideration under a rental-purchase agreement.
 
4    Section 10. Rental Purchase Agreement Occupation Tax. A tax
5is imposed upon persons engaged in this State in the business
6of renting merchandise under a rental-purchase agreement in
7Illinois at the rate of 6.25% of the gross receipts received
8from such business. Every person engaged in this State in the
9business of renting merchandise shall apply to the Department
10(upon a form prescribed and furnished by the Department) for a
11certificate of registration under this Act. The certificate of
12registration which is issued by the Department to a retailer
13under the Retailers' Occupation Tax Act shall permit such
14merchant to engage in a business which is taxable under this
15Section without registering separately with the Department.
16    The Department shall have full power to administer and
17enforce this Section, to collect all taxes and penalties due
18hereunder, to dispose of taxes and penalties so collected in
19the manner hereinafter provided, and to determine all rights to
20credit memoranda, arising on account of the erroneous payment
21of tax or penalty hereunder. In the administration of, and
22compliance with, this Section, the Department and persons who
23are subject to this Section shall have the same rights,
24remedies, privileges, immunities, powers and duties, and be
25subject to the same conditions, restrictions, limitations,

 

 

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1penalties and definitions of terms, and employ the same modes
2of procedure, as are prescribed in Sections 1, 1a, 2 through
32-65 (in respect to all provisions therein other than the State
4rate of tax), 2a, 2b, 2c, 3 (except provisions relating to
5transaction returns and quarter monthly payments), 4, 5, 5a,
65b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11,
711a, 12 and 13 of the Retailers' Occupation Tax Act and Section
83-7 of the Uniform Penalty and Interest Act as fully as if
9those provisions were set forth herein.
 
10    Section 15. Rental Purchase Agreement Use Tax. A tax is
11imposed upon the privilege of using, in this State, merchandise
12which is rented from a merchant. Such tax is at the rate of
136.25% of the rental price paid to the merchant under any rental
14purchase agreement.
15    The tax hereby imposed shall be collected from the consumer
16by a merchant maintaining a place of business in this State and
17remitted to the Department.
18    The tax hereby imposed and not paid to a merchant pursuant
19to the preceding paragraph of this Section shall be paid to the
20Department directly by any person using such merchandise within
21this State.
22    Merchants shall collect the tax from consumers by adding
23the tax to the rental price of the merchandise, when rented for
24use, in the manner prescribed by the Department. The Department
25shall have the power to adopt and promulgate reasonable rules

 

 

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1and regulations for the adding of such tax by merchants to
2rental prices by prescribing bracket systems for the purpose of
3enabling such merchants to add and collect, as far as
4practicable, the amount of such tax.
5    The tax imposed by this Section shall, when collected, be
6stated as a distinct item separate and apart from the rental
7price of the merchandise.
8    The Department shall have full power to administer and
9enforce this Section; to collect all taxes, penalties and
10interest due hereunder; to dispose of taxes, penalties and
11interest so collected in the manner hereinafter provided, and
12to determine all rights to credit memoranda or refunds arising
13on account of the erroneous payment of tax, penalty or interest
14hereunder. In the administration of, and compliance with, this
15Section, the Department and persons who are subject to this
16Section shall have the same rights, remedies, privileges,
17immunities, powers and duties, and be subject to the same
18conditions, restrictions, limitations, penalties and
19definitions of terms, and employ the same modes of procedure,
20as are prescribed in Sections 2, 3 through 3-80, 4, 6, 7, 8, 9
21(except provisions relating to transaction returns and quarter
22monthly payments), 10, 11, 12, 12a, 12b, 13, 14, 15, 19, 20, 21
23and 22 of the Use Tax Act, and are not inconsistent with this
24Section, as fully as if those provisions were set forth herein.
 
25    Section 20. One-Time Transitional Use Tax Credit. The

 

 

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1merchant may file for a one-time credit with the Department for
2the Use Tax paid during the 12 months before the effective date
3of this Act. Within 6 months of effective date of this Act the
4merchant must file an application (upon a form prescribed and
5furnished by the Department) for credit of the Use Tax paid on
6merchandise subject to this Act purchased during the 12 months
7immediately prior to the effective date. The Department shall
8issue a credit equal to the lesser of 50% of the Use Tax paid by
9the merchant under this Act in the 12 months immediately
10following the effective date of this Act or the total Use Tax
11paid in the 12 months immediately prior to the effective date
12of this Act. Upon the issuance of the credit the merchant may
13apply the credit against the tax liability.
 
14    Section 25. Rulemaking. The Department may make such rules
15as it may deem necessary to implement the purposes of this Act.
 
16    Section 50. The Use Tax Act is amended by changing Section
173-5 as follows:
 
18    (35 ILCS 105/3-5)
19    Sec. 3-5. Exemptions. Use of the following tangible
20personal property is exempt from the tax imposed by this Act:
21    (1) Personal property purchased from a corporation,
22society, association, foundation, institution, or
23organization, other than a limited liability company, that is

 

 

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1organized and operated as a not-for-profit service enterprise
2for the benefit of persons 65 years of age or older if the
3personal property was not purchased by the enterprise for the
4purpose of resale by the enterprise.
5    (2) Personal property purchased by a not-for-profit
6Illinois county fair association for use in conducting,
7operating, or promoting the county fair.
8    (3) Personal property purchased by a not-for-profit arts or
9cultural organization that establishes, by proof required by
10the Department by rule, that it has received an exemption under
11Section 501(c)(3) of the Internal Revenue Code and that is
12organized and operated primarily for the presentation or
13support of arts or cultural programming, activities, or
14services. These organizations include, but are not limited to,
15music and dramatic arts organizations such as symphony
16orchestras and theatrical groups, arts and cultural service
17organizations, local arts councils, visual arts organizations,
18and media arts organizations. On and after the effective date
19of this amendatory Act of the 92nd General Assembly, however,
20an entity otherwise eligible for this exemption shall not make
21tax-free purchases unless it has an active identification
22number issued by the Department.
23    (4) Personal property purchased by a governmental body, by
24a corporation, society, association, foundation, or
25institution organized and operated exclusively for charitable,
26religious, or educational purposes, or by a not-for-profit

 

 

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1corporation, society, association, foundation, institution, or
2organization that has no compensated officers or employees and
3that is organized and operated primarily for the recreation of
4persons 55 years of age or older. A limited liability company
5may qualify for the exemption under this paragraph only if the
6limited liability company is organized and operated
7exclusively for educational purposes. On and after July 1,
81987, however, no entity otherwise eligible for this exemption
9shall make tax-free purchases unless it has an active exemption
10identification number issued by the Department.
11    (5) Until July 1, 2003, a passenger car that is a
12replacement vehicle to the extent that the purchase price of
13the car is subject to the Replacement Vehicle Tax.
14    (6) Until July 1, 2003 and beginning again on September 1,
152004 through August 30, 2014, graphic arts machinery and
16equipment, including repair and replacement parts, both new and
17used, and including that manufactured on special order,
18certified by the purchaser to be used primarily for graphic
19arts production, and including machinery and equipment
20purchased for lease. Equipment includes chemicals or chemicals
21acting as catalysts but only if the chemicals or chemicals
22acting as catalysts effect a direct and immediate change upon a
23graphic arts product.
24    (7) Farm chemicals.
25    (8) Legal tender, currency, medallions, or gold or silver
26coinage issued by the State of Illinois, the government of the

 

 

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1United States of America, or the government of any foreign
2country, and bullion.
3    (9) Personal property purchased from a teacher-sponsored
4student organization affiliated with an elementary or
5secondary school located in Illinois.
6    (10) A motor vehicle that is used for automobile renting,
7as defined in the Automobile Renting Occupation and Use Tax
8Act.
9    (11) Farm machinery and equipment, both new and used,
10including that manufactured on special order, certified by the
11purchaser to be used primarily for production agriculture or
12State or federal agricultural programs, including individual
13replacement parts for the machinery and equipment, including
14machinery and equipment purchased for lease, and including
15implements of husbandry defined in Section 1-130 of the
16Illinois Vehicle Code, farm machinery and agricultural
17chemical and fertilizer spreaders, and nurse wagons required to
18be registered under Section 3-809 of the Illinois Vehicle Code,
19but excluding other motor vehicles required to be registered
20under the Illinois Vehicle Code. Horticultural polyhouses or
21hoop houses used for propagating, growing, or overwintering
22plants shall be considered farm machinery and equipment under
23this item (11). Agricultural chemical tender tanks and dry
24boxes shall include units sold separately from a motor vehicle
25required to be licensed and units sold mounted on a motor
26vehicle required to be licensed if the selling price of the

 

 

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1tender is separately stated.
2    Farm machinery and equipment shall include precision
3farming equipment that is installed or purchased to be
4installed on farm machinery and equipment including, but not
5limited to, tractors, harvesters, sprayers, planters, seeders,
6or spreaders. Precision farming equipment includes, but is not
7limited to, soil testing sensors, computers, monitors,
8software, global positioning and mapping systems, and other
9such equipment.
10    Farm machinery and equipment also includes computers,
11sensors, software, and related equipment used primarily in the
12computer-assisted operation of production agriculture
13facilities, equipment, and activities such as, but not limited
14to, the collection, monitoring, and correlation of animal and
15crop data for the purpose of formulating animal diets and
16agricultural chemicals. This item (11) is exempt from the
17provisions of Section 3-90.
18    (12) Until June 30, 2013, fuel and petroleum products sold
19to or used by an air common carrier, certified by the carrier
20to be used for consumption, shipment, or storage in the conduct
21of its business as an air common carrier, for a flight destined
22for or returning from a location or locations outside the
23United States without regard to previous or subsequent domestic
24stopovers.
25    Beginning July 1, 2013, fuel and petroleum products sold to
26or used by an air carrier, certified by the carrier to be used

 

 

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1for consumption, shipment, or storage in the conduct of its
2business as an air common carrier, for a flight that (i) is
3engaged in foreign trade or is engaged in trade between the
4United States and any of its possessions and (ii) transports at
5least one individual or package for hire from the city of
6origination to the city of final destination on the same
7aircraft, without regard to a change in the flight number of
8that aircraft.
9    (13) Proceeds of mandatory service charges separately
10stated on customers' bills for the purchase and consumption of
11food and beverages purchased at retail from a retailer, to the
12extent that the proceeds of the service charge are in fact
13turned over as tips or as a substitute for tips to the
14employees who participate directly in preparing, serving,
15hosting or cleaning up the food or beverage function with
16respect to which the service charge is imposed.
17    (14) Until July 1, 2003, oil field exploration, drilling,
18and production equipment, including (i) rigs and parts of rigs,
19rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
20tubular goods, including casing and drill strings, (iii) pumps
21and pump-jack units, (iv) storage tanks and flow lines, (v) any
22individual replacement part for oil field exploration,
23drilling, and production equipment, and (vi) machinery and
24equipment purchased for lease; but excluding motor vehicles
25required to be registered under the Illinois Vehicle Code.
26    (15) Photoprocessing machinery and equipment, including

 

 

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1repair and replacement parts, both new and used, including that
2manufactured on special order, certified by the purchaser to be
3used primarily for photoprocessing, and including
4photoprocessing machinery and equipment purchased for lease.
5    (16) Coal and aggregate exploration, mining, off-highway
6hauling, processing, maintenance, and reclamation equipment,
7including replacement parts and equipment, and including
8equipment purchased for lease, but excluding motor vehicles
9required to be registered under the Illinois Vehicle Code. The
10changes made to this Section by Public Act 97-767 apply on and
11after July 1, 2003, but no claim for credit or refund is
12allowed on or after August 16, 2013 (the effective date of
13Public Act 98-456) for such taxes paid during the period
14beginning July 1, 2003 and ending on August 16, 2013 (the
15effective date of Public Act 98-456).
16    (17) Until July 1, 2003, distillation machinery and
17equipment, sold as a unit or kit, assembled or installed by the
18retailer, certified by the user to be used only for the
19production of ethyl alcohol that will be used for consumption
20as motor fuel or as a component of motor fuel for the personal
21use of the user, and not subject to sale or resale.
22    (18) Manufacturing and assembling machinery and equipment
23used primarily in the process of manufacturing or assembling
24tangible personal property for wholesale or retail sale or
25lease, whether that sale or lease is made directly by the
26manufacturer or by some other person, whether the materials

 

 

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1used in the process are owned by the manufacturer or some other
2person, or whether that sale or lease is made apart from or as
3an incident to the seller's engaging in the service occupation
4of producing machines, tools, dies, jigs, patterns, gauges, or
5other similar items of no commercial value on special order for
6a particular purchaser. The exemption provided by this
7paragraph (18) does not include machinery and equipment used in
8(i) the generation of electricity for wholesale or retail sale;
9(ii) the generation or treatment of natural or artificial gas
10for wholesale or retail sale that is delivered to customers
11through pipes, pipelines, or mains; or (iii) the treatment of
12water for wholesale or retail sale that is delivered to
13customers through pipes, pipelines, or mains. The provisions of
14Public Act 98-583 are declaratory of existing law as to the
15meaning and scope of this exemption.
16    (19) Personal property delivered to a purchaser or
17purchaser's donee inside Illinois when the purchase order for
18that personal property was received by a florist located
19outside Illinois who has a florist located inside Illinois
20deliver the personal property.
21    (20) Semen used for artificial insemination of livestock
22for direct agricultural production.
23    (21) Horses, or interests in horses, registered with and
24meeting the requirements of any of the Arabian Horse Club
25Registry of America, Appaloosa Horse Club, American Quarter
26Horse Association, United States Trotting Association, or

 

 

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1Jockey Club, as appropriate, used for purposes of breeding or
2racing for prizes. This item (21) is exempt from the provisions
3of Section 3-90, and the exemption provided for under this item
4(21) applies for all periods beginning May 30, 1995, but no
5claim for credit or refund is allowed on or after January 1,
62008 for such taxes paid during the period beginning May 30,
72000 and ending on January 1, 2008.
8    (22) Computers and communications equipment utilized for
9any hospital purpose and equipment used in the diagnosis,
10analysis, or treatment of hospital patients purchased by a
11lessor who leases the equipment, under a lease of one year or
12longer executed or in effect at the time the lessor would
13otherwise be subject to the tax imposed by this Act, to a
14hospital that has been issued an active tax exemption
15identification number by the Department under Section 1g of the
16Retailers' Occupation Tax Act. If the equipment is leased in a
17manner that does not qualify for this exemption or is used in
18any other non-exempt manner, the lessor shall be liable for the
19tax imposed under this Act or the Service Use Tax Act, as the
20case may be, based on the fair market value of the property at
21the time the non-qualifying use occurs. No lessor shall collect
22or attempt to collect an amount (however designated) that
23purports to reimburse that lessor for the tax imposed by this
24Act or the Service Use Tax Act, as the case may be, if the tax
25has not been paid by the lessor. If a lessor improperly
26collects any such amount from the lessee, the lessee shall have

 

 

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1a legal right to claim a refund of that amount from the lessor.
2If, however, that amount is not refunded to the lessee for any
3reason, the lessor is liable to pay that amount to the
4Department.
5    (23) Personal property purchased by a lessor who leases the
6property, under a lease of one year or longer executed or in
7effect at the time the lessor would otherwise be subject to the
8tax imposed by this Act, to a governmental body that has been
9issued an active sales tax exemption identification number by
10the Department under Section 1g of the Retailers' Occupation
11Tax Act. If the property is leased in a manner that does not
12qualify for this exemption or used in any other non-exempt
13manner, the lessor shall be liable for the tax imposed under
14this Act or the Service Use Tax Act, as the case may be, based
15on the fair market value of the property at the time the
16non-qualifying use occurs. No lessor shall collect or attempt
17to collect an amount (however designated) that purports to
18reimburse that lessor for the tax imposed by this Act or the
19Service Use Tax Act, as the case may be, if the tax has not been
20paid by the lessor. If a lessor improperly collects any such
21amount from the lessee, the lessee shall have a legal right to
22claim a refund of that amount from the lessor. If, however,
23that amount is not refunded to the lessee for any reason, the
24lessor is liable to pay that amount to the Department.
25    (24) Beginning with taxable years ending on or after
26December 31, 1995 and ending with taxable years ending on or

 

 

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1before December 31, 2004, personal property that is donated for
2disaster relief to be used in a State or federally declared
3disaster area in Illinois or bordering Illinois by a
4manufacturer or retailer that is registered in this State to a
5corporation, society, association, foundation, or institution
6that has been issued a sales tax exemption identification
7number by the Department that assists victims of the disaster
8who reside within the declared disaster area.
9    (25) Beginning with taxable years ending on or after
10December 31, 1995 and ending with taxable years ending on or
11before December 31, 2004, personal property that is used in the
12performance of infrastructure repairs in this State, including
13but not limited to municipal roads and streets, access roads,
14bridges, sidewalks, waste disposal systems, water and sewer
15line extensions, water distribution and purification
16facilities, storm water drainage and retention facilities, and
17sewage treatment facilities, resulting from a State or
18federally declared disaster in Illinois or bordering Illinois
19when such repairs are initiated on facilities located in the
20declared disaster area within 6 months after the disaster.
21    (26) Beginning July 1, 1999, game or game birds purchased
22at a "game breeding and hunting preserve area" as that term is
23used in the Wildlife Code. This paragraph is exempt from the
24provisions of Section 3-90.
25    (27) A motor vehicle, as that term is defined in Section
261-146 of the Illinois Vehicle Code, that is donated to a

 

 

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1corporation, limited liability company, society, association,
2foundation, or institution that is determined by the Department
3to be organized and operated exclusively for educational
4purposes. For purposes of this exemption, "a corporation,
5limited liability company, society, association, foundation,
6or institution organized and operated exclusively for
7educational purposes" means all tax-supported public schools,
8private schools that offer systematic instruction in useful
9branches of learning by methods common to public schools and
10that compare favorably in their scope and intensity with the
11course of study presented in tax-supported schools, and
12vocational or technical schools or institutes organized and
13operated exclusively to provide a course of study of not less
14than 6 weeks duration and designed to prepare individuals to
15follow a trade or to pursue a manual, technical, mechanical,
16industrial, business, or commercial occupation.
17    (28) Beginning January 1, 2000, personal property,
18including food, purchased through fundraising events for the
19benefit of a public or private elementary or secondary school,
20a group of those schools, or one or more school districts if
21the events are sponsored by an entity recognized by the school
22district that consists primarily of volunteers and includes
23parents and teachers of the school children. This paragraph
24does not apply to fundraising events (i) for the benefit of
25private home instruction or (ii) for which the fundraising
26entity purchases the personal property sold at the events from

 

 

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1another individual or entity that sold the property for the
2purpose of resale by the fundraising entity and that profits
3from the sale to the fundraising entity. This paragraph is
4exempt from the provisions of Section 3-90.
5    (29) Beginning January 1, 2000 and through December 31,
62001, new or used automatic vending machines that prepare and
7serve hot food and beverages, including coffee, soup, and other
8items, and replacement parts for these machines. Beginning
9January 1, 2002 and through June 30, 2003, machines and parts
10for machines used in commercial, coin-operated amusement and
11vending business if a use or occupation tax is paid on the
12gross receipts derived from the use of the commercial,
13coin-operated amusement and vending machines. This paragraph
14is exempt from the provisions of Section 3-90.
15    (30) Beginning January 1, 2001 and through June 30, 2016,
16food for human consumption that is to be consumed off the
17premises where it is sold (other than alcoholic beverages, soft
18drinks, and food that has been prepared for immediate
19consumption) and prescription and nonprescription medicines,
20drugs, medical appliances, and insulin, urine testing
21materials, syringes, and needles used by diabetics, for human
22use, when purchased for use by a person receiving medical
23assistance under Article V of the Illinois Public Aid Code who
24resides in a licensed long-term care facility, as defined in
25the Nursing Home Care Act, or in a licensed facility as defined
26in the ID/DD Community Care Act, the MC/DD Act, or the

 

 

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1Specialized Mental Health Rehabilitation Act of 2013.
2    (31) Beginning on the effective date of this amendatory Act
3of the 92nd General Assembly, computers and communications
4equipment utilized for any hospital purpose and equipment used
5in the diagnosis, analysis, or treatment of hospital patients
6purchased by a lessor who leases the equipment, under a lease
7of one year or longer executed or in effect at the time the
8lessor would otherwise be subject to the tax imposed by this
9Act, to a hospital that has been issued an active tax exemption
10identification number by the Department under Section 1g of the
11Retailers' Occupation Tax Act. If the equipment is leased in a
12manner that does not qualify for this exemption or is used in
13any other nonexempt manner, the lessor shall be liable for the
14tax imposed under this Act or the Service Use Tax Act, as the
15case may be, based on the fair market value of the property at
16the time the nonqualifying use occurs. No lessor shall collect
17or attempt to collect an amount (however designated) that
18purports to reimburse that lessor for the tax imposed by this
19Act or the Service Use Tax Act, as the case may be, if the tax
20has not been paid by the lessor. If a lessor improperly
21collects any such amount from the lessee, the lessee shall have
22a legal right to claim a refund of that amount from the lessor.
23If, however, that amount is not refunded to the lessee for any
24reason, the lessor is liable to pay that amount to the
25Department. This paragraph is exempt from the provisions of
26Section 3-90.

 

 

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1    (32) Beginning on the effective date of this amendatory Act
2of the 92nd General Assembly, personal property purchased by a
3lessor who leases the property, under a lease of one year or
4longer executed or in effect at the time the lessor would
5otherwise be subject to the tax imposed by this Act, to a
6governmental body that has been issued an active sales tax
7exemption identification number by the Department under
8Section 1g of the Retailers' Occupation Tax Act. If the
9property is leased in a manner that does not qualify for this
10exemption or used in any other nonexempt manner, the lessor
11shall be liable for the tax imposed under this Act or the
12Service Use Tax Act, as the case may be, based on the fair
13market value of the property at the time the nonqualifying use
14occurs. No lessor shall collect or attempt to collect an amount
15(however designated) that purports to reimburse that lessor for
16the tax imposed by this Act or the Service Use Tax Act, as the
17case may be, if the tax has not been paid by the lessor. If a
18lessor improperly collects any such amount from the lessee, the
19lessee shall have a legal right to claim a refund of that
20amount from the lessor. If, however, that amount is not
21refunded to the lessee for any reason, the lessor is liable to
22pay that amount to the Department. This paragraph is exempt
23from the provisions of Section 3-90.
24    (33) On and after July 1, 2003 and through June 30, 2004,
25the use in this State of motor vehicles of the second division
26with a gross vehicle weight in excess of 8,000 pounds and that

 

 

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1are subject to the commercial distribution fee imposed under
2Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
31, 2004 and through June 30, 2005, the use in this State of
4motor vehicles of the second division: (i) with a gross vehicle
5weight rating in excess of 8,000 pounds; (ii) that are subject
6to the commercial distribution fee imposed under Section
73-815.1 of the Illinois Vehicle Code; and (iii) that are
8primarily used for commercial purposes. Through June 30, 2005,
9this exemption applies to repair and replacement parts added
10after the initial purchase of such a motor vehicle if that
11motor vehicle is used in a manner that would qualify for the
12rolling stock exemption otherwise provided for in this Act. For
13purposes of this paragraph, the term "used for commercial
14purposes" means the transportation of persons or property in
15furtherance of any commercial or industrial enterprise,
16whether for-hire or not.
17    (34) Beginning January 1, 2008, tangible personal property
18used in the construction or maintenance of a community water
19supply, as defined under Section 3.145 of the Environmental
20Protection Act, that is operated by a not-for-profit
21corporation that holds a valid water supply permit issued under
22Title IV of the Environmental Protection Act. This paragraph is
23exempt from the provisions of Section 3-90.
24    (35) Beginning January 1, 2010, materials, parts,
25equipment, components, and furnishings incorporated into or
26upon an aircraft as part of the modification, refurbishment,

 

 

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1completion, replacement, repair, or maintenance of the
2aircraft. This exemption includes consumable supplies used in
3the modification, refurbishment, completion, replacement,
4repair, and maintenance of aircraft, but excludes any
5materials, parts, equipment, components, and consumable
6supplies used in the modification, replacement, repair, and
7maintenance of aircraft engines or power plants, whether such
8engines or power plants are installed or uninstalled upon any
9such aircraft. "Consumable supplies" include, but are not
10limited to, adhesive, tape, sandpaper, general purpose
11lubricants, cleaning solution, latex gloves, and protective
12films. This exemption applies only to the use of qualifying
13tangible personal property by persons who modify, refurbish,
14complete, repair, replace, or maintain aircraft and who (i)
15hold an Air Agency Certificate and are empowered to operate an
16approved repair station by the Federal Aviation
17Administration, (ii) have a Class IV Rating, and (iii) conduct
18operations in accordance with Part 145 of the Federal Aviation
19Regulations. The exemption does not include aircraft operated
20by a commercial air carrier providing scheduled passenger air
21service pursuant to authority issued under Part 121 or Part 129
22of the Federal Aviation Regulations. The changes made to this
23paragraph (35) by Public Act 98-534 are declarative of existing
24law.
25    (36) Tangible personal property purchased by a
26public-facilities corporation, as described in Section

 

 

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111-65-10 of the Illinois Municipal Code, for purposes of
2constructing or furnishing a municipal convention hall, but
3only if the legal title to the municipal convention hall is
4transferred to the municipality without any further
5consideration by or on behalf of the municipality at the time
6of the completion of the municipal convention hall or upon the
7retirement or redemption of any bonds or other debt instruments
8issued by the public-facilities corporation in connection with
9the development of the municipal convention hall. This
10exemption includes existing public-facilities corporations as
11provided in Section 11-65-25 of the Illinois Municipal Code.
12This paragraph is exempt from the provisions of Section 3-90.
13    (37) Beginning January 1, 2017, menstrual pads, tampons,
14and menstrual cups.
15    (38) Merchandise that is subject to the Rental Purchase
16Agreement Occupation and Use Tax. The purchaser must certify
17that the item is purchased to be rented subject to a rental
18purchase agreement, as defined in the Rental Purchase Agreement
19Act, and provide proof of registration under the Rental
20Purchase Agreement Occupation and Use Tax Act.
21(Source: P.A. 98-104, eff. 7-22-13; 98-422, eff. 8-16-13;
2298-456, eff. 8-16-13; 98-534, eff. 8-23-13; 98-574, eff.
231-1-14; 98-583, eff. 1-1-14; 98-756, eff. 7-16-14; 99-180, eff.
247-29-15; 99-855, eff. 8-19-16.)
 
25    Section 55. The Retailers' Occupation Tax Act is amended by

 

 

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1changing Section 2-5 as follows:
 
2    (35 ILCS 120/2-5)
3    Sec. 2-5. Exemptions. Gross receipts from proceeds from the
4sale of the following tangible personal property are exempt
5from the tax imposed by this Act:
6    (1) Farm chemicals.
7    (2) Farm machinery and equipment, both new and used,
8including that manufactured on special order, certified by the
9purchaser to be used primarily for production agriculture or
10State or federal agricultural programs, including individual
11replacement parts for the machinery and equipment, including
12machinery and equipment purchased for lease, and including
13implements of husbandry defined in Section 1-130 of the
14Illinois Vehicle Code, farm machinery and agricultural
15chemical and fertilizer spreaders, and nurse wagons required to
16be registered under Section 3-809 of the Illinois Vehicle Code,
17but excluding other motor vehicles required to be registered
18under the Illinois Vehicle Code. Horticultural polyhouses or
19hoop houses used for propagating, growing, or overwintering
20plants shall be considered farm machinery and equipment under
21this item (2). Agricultural chemical tender tanks and dry boxes
22shall include units sold separately from a motor vehicle
23required to be licensed and units sold mounted on a motor
24vehicle required to be licensed, if the selling price of the
25tender is separately stated.

 

 

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1    Farm machinery and equipment shall include precision
2farming equipment that is installed or purchased to be
3installed on farm machinery and equipment including, but not
4limited to, tractors, harvesters, sprayers, planters, seeders,
5or spreaders. Precision farming equipment includes, but is not
6limited to, soil testing sensors, computers, monitors,
7software, global positioning and mapping systems, and other
8such equipment.
9    Farm machinery and equipment also includes computers,
10sensors, software, and related equipment used primarily in the
11computer-assisted operation of production agriculture
12facilities, equipment, and activities such as, but not limited
13to, the collection, monitoring, and correlation of animal and
14crop data for the purpose of formulating animal diets and
15agricultural chemicals. This item (2) is exempt from the
16provisions of Section 2-70.
17    (3) Until July 1, 2003, distillation machinery and
18equipment, sold as a unit or kit, assembled or installed by the
19retailer, certified by the user to be used only for the
20production of ethyl alcohol that will be used for consumption
21as motor fuel or as a component of motor fuel for the personal
22use of the user, and not subject to sale or resale.
23    (4) Until July 1, 2003 and beginning again September 1,
242004 through August 30, 2014, graphic arts machinery and
25equipment, including repair and replacement parts, both new and
26used, and including that manufactured on special order or

 

 

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1purchased for lease, certified by the purchaser to be used
2primarily for graphic arts production. Equipment includes
3chemicals or chemicals acting as catalysts but only if the
4chemicals or chemicals acting as catalysts effect a direct and
5immediate change upon a graphic arts product.
6    (5) A motor vehicle that is used for automobile renting, as
7defined in the Automobile Renting Occupation and Use Tax Act.
8This paragraph is exempt from the provisions of Section 2-70.
9    (6) Personal property sold by a teacher-sponsored student
10organization affiliated with an elementary or secondary school
11located in Illinois.
12    (7) Until July 1, 2003, proceeds of that portion of the
13selling price of a passenger car the sale of which is subject
14to the Replacement Vehicle Tax.
15    (8) Personal property sold to an Illinois county fair
16association for use in conducting, operating, or promoting the
17county fair.
18    (9) Personal property sold to a not-for-profit arts or
19cultural organization that establishes, by proof required by
20the Department by rule, that it has received an exemption under
21Section 501(c)(3) of the Internal Revenue Code and that is
22organized and operated primarily for the presentation or
23support of arts or cultural programming, activities, or
24services. These organizations include, but are not limited to,
25music and dramatic arts organizations such as symphony
26orchestras and theatrical groups, arts and cultural service

 

 

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1organizations, local arts councils, visual arts organizations,
2and media arts organizations. On and after the effective date
3of this amendatory Act of the 92nd General Assembly, however,
4an entity otherwise eligible for this exemption shall not make
5tax-free purchases unless it has an active identification
6number issued by the Department.
7    (10) Personal property sold by a corporation, society,
8association, foundation, institution, or organization, other
9than a limited liability company, that is organized and
10operated as a not-for-profit service enterprise for the benefit
11of persons 65 years of age or older if the personal property
12was not purchased by the enterprise for the purpose of resale
13by the enterprise.
14    (11) Personal property sold to a governmental body, to a
15corporation, society, association, foundation, or institution
16organized and operated exclusively for charitable, religious,
17or educational purposes, or to a not-for-profit corporation,
18society, association, foundation, institution, or organization
19that has no compensated officers or employees and that is
20organized and operated primarily for the recreation of persons
2155 years of age or older. A limited liability company may
22qualify for the exemption under this paragraph only if the
23limited liability company is organized and operated
24exclusively for educational purposes. On and after July 1,
251987, however, no entity otherwise eligible for this exemption
26shall make tax-free purchases unless it has an active

 

 

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1identification number issued by the Department.
2    (12) Tangible personal property sold to interstate
3carriers for hire for use as rolling stock moving in interstate
4commerce or to lessors under leases of one year or longer
5executed or in effect at the time of purchase by interstate
6carriers for hire for use as rolling stock moving in interstate
7commerce and equipment operated by a telecommunications
8provider, licensed as a common carrier by the Federal
9Communications Commission, which is permanently installed in
10or affixed to aircraft moving in interstate commerce.
11    (12-5) On and after July 1, 2003 and through June 30, 2004,
12motor vehicles of the second division with a gross vehicle
13weight in excess of 8,000 pounds that are subject to the
14commercial distribution fee imposed under Section 3-815.1 of
15the Illinois Vehicle Code. Beginning on July 1, 2004 and
16through June 30, 2005, the use in this State of motor vehicles
17of the second division: (i) with a gross vehicle weight rating
18in excess of 8,000 pounds; (ii) that are subject to the
19commercial distribution fee imposed under Section 3-815.1 of
20the Illinois Vehicle Code; and (iii) that are primarily used
21for commercial purposes. Through June 30, 2005, this exemption
22applies to repair and replacement parts added after the initial
23purchase of such a motor vehicle if that motor vehicle is used
24in a manner that would qualify for the rolling stock exemption
25otherwise provided for in this Act. For purposes of this
26paragraph, "used for commercial purposes" means the

 

 

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1transportation of persons or property in furtherance of any
2commercial or industrial enterprise whether for-hire or not.
3    (13) Proceeds from sales to owners, lessors, or shippers of
4tangible personal property that is utilized by interstate
5carriers for hire for use as rolling stock moving in interstate
6commerce and equipment operated by a telecommunications
7provider, licensed as a common carrier by the Federal
8Communications Commission, which is permanently installed in
9or affixed to aircraft moving in interstate commerce.
10    (14) Machinery and equipment that will be used by the
11purchaser, or a lessee of the purchaser, primarily in the
12process of manufacturing or assembling tangible personal
13property for wholesale or retail sale or lease, whether the
14sale or lease is made directly by the manufacturer or by some
15other person, whether the materials used in the process are
16owned by the manufacturer or some other person, or whether the
17sale or lease is made apart from or as an incident to the
18seller's engaging in the service occupation of producing
19machines, tools, dies, jigs, patterns, gauges, or other similar
20items of no commercial value on special order for a particular
21purchaser. The exemption provided by this paragraph (14) does
22not include machinery and equipment used in (i) the generation
23of electricity for wholesale or retail sale; (ii) the
24generation or treatment of natural or artificial gas for
25wholesale or retail sale that is delivered to customers through
26pipes, pipelines, or mains; or (iii) the treatment of water for

 

 

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1wholesale or retail sale that is delivered to customers through
2pipes, pipelines, or mains. The provisions of Public Act 98-583
3are declaratory of existing law as to the meaning and scope of
4this exemption.
5    (15) Proceeds of mandatory service charges separately
6stated on customers' bills for purchase and consumption of food
7and beverages, to the extent that the proceeds of the service
8charge are in fact turned over as tips or as a substitute for
9tips to the employees who participate directly in preparing,
10serving, hosting or cleaning up the food or beverage function
11with respect to which the service charge is imposed.
12    (16) Petroleum products sold to a purchaser if the seller
13is prohibited by federal law from charging tax to the
14purchaser.
15    (17) Tangible personal property sold to a common carrier by
16rail or motor that receives the physical possession of the
17property in Illinois and that transports the property, or
18shares with another common carrier in the transportation of the
19property, out of Illinois on a standard uniform bill of lading
20showing the seller of the property as the shipper or consignor
21of the property to a destination outside Illinois, for use
22outside Illinois.
23    (18) Legal tender, currency, medallions, or gold or silver
24coinage issued by the State of Illinois, the government of the
25United States of America, or the government of any foreign
26country, and bullion.

 

 

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1    (19) Until July 1 2003, oil field exploration, drilling,
2and production equipment, including (i) rigs and parts of rigs,
3rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
4tubular goods, including casing and drill strings, (iii) pumps
5and pump-jack units, (iv) storage tanks and flow lines, (v) any
6individual replacement part for oil field exploration,
7drilling, and production equipment, and (vi) machinery and
8equipment purchased for lease; but excluding motor vehicles
9required to be registered under the Illinois Vehicle Code.
10    (20) Photoprocessing machinery and equipment, including
11repair and replacement parts, both new and used, including that
12manufactured on special order, certified by the purchaser to be
13used primarily for photoprocessing, and including
14photoprocessing machinery and equipment purchased for lease.
15    (21) Coal and aggregate exploration, mining, off-highway
16hauling, processing, maintenance, and reclamation equipment,
17including replacement parts and equipment, and including
18equipment purchased for lease, but excluding motor vehicles
19required to be registered under the Illinois Vehicle Code. The
20changes made to this Section by Public Act 97-767 apply on and
21after July 1, 2003, but no claim for credit or refund is
22allowed on or after August 16, 2013 (the effective date of
23Public Act 98-456) for such taxes paid during the period
24beginning July 1, 2003 and ending on August 16, 2013 (the
25effective date of Public Act 98-456).
26    (22) Until June 30, 2013, fuel and petroleum products sold

 

 

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1to or used by an air carrier, certified by the carrier to be
2used for consumption, shipment, or storage in the conduct of
3its business as an air common carrier, for a flight destined
4for or returning from a location or locations outside the
5United States without regard to previous or subsequent domestic
6stopovers.
7    Beginning July 1, 2013, fuel and petroleum products sold to
8or used by an air carrier, certified by the carrier to be used
9for consumption, shipment, or storage in the conduct of its
10business as an air common carrier, for a flight that (i) is
11engaged in foreign trade or is engaged in trade between the
12United States and any of its possessions and (ii) transports at
13least one individual or package for hire from the city of
14origination to the city of final destination on the same
15aircraft, without regard to a change in the flight number of
16that aircraft.
17    (23) A transaction in which the purchase order is received
18by a florist who is located outside Illinois, but who has a
19florist located in Illinois deliver the property to the
20purchaser or the purchaser's donee in Illinois.
21    (24) Fuel consumed or used in the operation of ships,
22barges, or vessels that are used primarily in or for the
23transportation of property or the conveyance of persons for
24hire on rivers bordering on this State if the fuel is delivered
25by the seller to the purchaser's barge, ship, or vessel while
26it is afloat upon that bordering river.

 

 

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1    (25) Except as provided in item (25-5) of this Section, a
2motor vehicle sold in this State to a nonresident even though
3the motor vehicle is delivered to the nonresident in this
4State, if the motor vehicle is not to be titled in this State,
5and if a drive-away permit is issued to the motor vehicle as
6provided in Section 3-603 of the Illinois Vehicle Code or if
7the nonresident purchaser has vehicle registration plates to
8transfer to the motor vehicle upon returning to his or her home
9state. The issuance of the drive-away permit or having the
10out-of-state registration plates to be transferred is prima
11facie evidence that the motor vehicle will not be titled in
12this State.
13    (25-5) The exemption under item (25) does not apply if the
14state in which the motor vehicle will be titled does not allow
15a reciprocal exemption for a motor vehicle sold and delivered
16in that state to an Illinois resident but titled in Illinois.
17The tax collected under this Act on the sale of a motor vehicle
18in this State to a resident of another state that does not
19allow a reciprocal exemption shall be imposed at a rate equal
20to the state's rate of tax on taxable property in the state in
21which the purchaser is a resident, except that the tax shall
22not exceed the tax that would otherwise be imposed under this
23Act. At the time of the sale, the purchaser shall execute a
24statement, signed under penalty of perjury, of his or her
25intent to title the vehicle in the state in which the purchaser
26is a resident within 30 days after the sale and of the fact of

 

 

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1the payment to the State of Illinois of tax in an amount
2equivalent to the state's rate of tax on taxable property in
3his or her state of residence and shall submit the statement to
4the appropriate tax collection agency in his or her state of
5residence. In addition, the retailer must retain a signed copy
6of the statement in his or her records. Nothing in this item
7shall be construed to require the removal of the vehicle from
8this state following the filing of an intent to title the
9vehicle in the purchaser's state of residence if the purchaser
10titles the vehicle in his or her state of residence within 30
11days after the date of sale. The tax collected under this Act
12in accordance with this item (25-5) shall be proportionately
13distributed as if the tax were collected at the 6.25% general
14rate imposed under this Act.
15    (25-7) Beginning on July 1, 2007, no tax is imposed under
16this Act on the sale of an aircraft, as defined in Section 3 of
17the Illinois Aeronautics Act, if all of the following
18conditions are met:
19        (1) the aircraft leaves this State within 15 days after
20    the later of either the issuance of the final billing for
21    the sale of the aircraft, or the authorized approval for
22    return to service, completion of the maintenance record
23    entry, and completion of the test flight and ground test
24    for inspection, as required by 14 C.F.R. 91.407;
25        (2) the aircraft is not based or registered in this
26    State after the sale of the aircraft; and

 

 

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1        (3) the seller retains in his or her books and records
2    and provides to the Department a signed and dated
3    certification from the purchaser, on a form prescribed by
4    the Department, certifying that the requirements of this
5    item (25-7) are met. The certificate must also include the
6    name and address of the purchaser, the address of the
7    location where the aircraft is to be titled or registered,
8    the address of the primary physical location of the
9    aircraft, and other information that the Department may
10    reasonably require.
11    For purposes of this item (25-7):
12    "Based in this State" means hangared, stored, or otherwise
13used, excluding post-sale customizations as defined in this
14Section, for 10 or more days in each 12-month period
15immediately following the date of the sale of the aircraft.
16    "Registered in this State" means an aircraft registered
17with the Department of Transportation, Aeronautics Division,
18or titled or registered with the Federal Aviation
19Administration to an address located in this State.
20    This paragraph (25-7) is exempt from the provisions of
21Section 2-70.
22    (26) Semen used for artificial insemination of livestock
23for direct agricultural production.
24    (27) Horses, or interests in horses, registered with and
25meeting the requirements of any of the Arabian Horse Club
26Registry of America, Appaloosa Horse Club, American Quarter

 

 

SB1434- 36 -LRB100 06488 HLH 16528 b

1Horse Association, United States Trotting Association, or
2Jockey Club, as appropriate, used for purposes of breeding or
3racing for prizes. This item (27) is exempt from the provisions
4of Section 2-70, and the exemption provided for under this item
5(27) applies for all periods beginning May 30, 1995, but no
6claim for credit or refund is allowed on or after January 1,
72008 (the effective date of Public Act 95-88) for such taxes
8paid during the period beginning May 30, 2000 and ending on
9January 1, 2008 (the effective date of Public Act 95-88).
10    (28) Computers and communications equipment utilized for
11any hospital purpose and equipment used in the diagnosis,
12analysis, or treatment of hospital patients sold to a lessor
13who leases the equipment, under a lease of one year or longer
14executed or in effect at the time of the purchase, to a
15hospital that has been issued an active tax exemption
16identification number by the Department under Section 1g of
17this Act.
18    (29) Personal property sold to a lessor who leases the
19property, under a lease of one year or longer executed or in
20effect at the time of the purchase, to a governmental body that
21has been issued an active tax exemption identification number
22by the Department under Section 1g of this Act.
23    (30) Beginning with taxable years ending on or after
24December 31, 1995 and ending with taxable years ending on or
25before December 31, 2004, personal property that is donated for
26disaster relief to be used in a State or federally declared

 

 

SB1434- 37 -LRB100 06488 HLH 16528 b

1disaster area in Illinois or bordering Illinois by a
2manufacturer or retailer that is registered in this State to a
3corporation, society, association, foundation, or institution
4that has been issued a sales tax exemption identification
5number by the Department that assists victims of the disaster
6who reside within the declared disaster area.
7    (31) Beginning with taxable years ending on or after
8December 31, 1995 and ending with taxable years ending on or
9before December 31, 2004, personal property that is used in the
10performance of infrastructure repairs in this State, including
11but not limited to municipal roads and streets, access roads,
12bridges, sidewalks, waste disposal systems, water and sewer
13line extensions, water distribution and purification
14facilities, storm water drainage and retention facilities, and
15sewage treatment facilities, resulting from a State or
16federally declared disaster in Illinois or bordering Illinois
17when such repairs are initiated on facilities located in the
18declared disaster area within 6 months after the disaster.
19    (32) Beginning July 1, 1999, game or game birds sold at a
20"game breeding and hunting preserve area" as that term is used
21in the Wildlife Code. This paragraph is exempt from the
22provisions of Section 2-70.
23    (33) A motor vehicle, as that term is defined in Section
241-146 of the Illinois Vehicle Code, that is donated to a
25corporation, limited liability company, society, association,
26foundation, or institution that is determined by the Department

 

 

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1to be organized and operated exclusively for educational
2purposes. For purposes of this exemption, "a corporation,
3limited liability company, society, association, foundation,
4or institution organized and operated exclusively for
5educational purposes" means all tax-supported public schools,
6private schools that offer systematic instruction in useful
7branches of learning by methods common to public schools and
8that compare favorably in their scope and intensity with the
9course of study presented in tax-supported schools, and
10vocational or technical schools or institutes organized and
11operated exclusively to provide a course of study of not less
12than 6 weeks duration and designed to prepare individuals to
13follow a trade or to pursue a manual, technical, mechanical,
14industrial, business, or commercial occupation.
15    (34) Beginning January 1, 2000, personal property,
16including food, purchased through fundraising events for the
17benefit of a public or private elementary or secondary school,
18a group of those schools, or one or more school districts if
19the events are sponsored by an entity recognized by the school
20district that consists primarily of volunteers and includes
21parents and teachers of the school children. This paragraph
22does not apply to fundraising events (i) for the benefit of
23private home instruction or (ii) for which the fundraising
24entity purchases the personal property sold at the events from
25another individual or entity that sold the property for the
26purpose of resale by the fundraising entity and that profits

 

 

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1from the sale to the fundraising entity. This paragraph is
2exempt from the provisions of Section 2-70.
3    (35) Beginning January 1, 2000 and through December 31,
42001, new or used automatic vending machines that prepare and
5serve hot food and beverages, including coffee, soup, and other
6items, and replacement parts for these machines. Beginning
7January 1, 2002 and through June 30, 2003, machines and parts
8for machines used in commercial, coin-operated amusement and
9vending business if a use or occupation tax is paid on the
10gross receipts derived from the use of the commercial,
11coin-operated amusement and vending machines. This paragraph
12is exempt from the provisions of Section 2-70.
13    (35-5) Beginning August 23, 2001 and through June 30, 2016,
14food for human consumption that is to be consumed off the
15premises where it is sold (other than alcoholic beverages, soft
16drinks, and food that has been prepared for immediate
17consumption) and prescription and nonprescription medicines,
18drugs, medical appliances, and insulin, urine testing
19materials, syringes, and needles used by diabetics, for human
20use, when purchased for use by a person receiving medical
21assistance under Article V of the Illinois Public Aid Code who
22resides in a licensed long-term care facility, as defined in
23the Nursing Home Care Act, or a licensed facility as defined in
24the ID/DD Community Care Act, the MC/DD Act, or the Specialized
25Mental Health Rehabilitation Act of 2013.
26    (36) Beginning August 2, 2001, computers and

 

 

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1communications equipment utilized for any hospital purpose and
2equipment used in the diagnosis, analysis, or treatment of
3hospital patients sold to a lessor who leases the equipment,
4under a lease of one year or longer executed or in effect at
5the time of the purchase, to a hospital that has been issued an
6active tax exemption identification number by the Department
7under Section 1g of this Act. This paragraph is exempt from the
8provisions of Section 2-70.
9    (37) Beginning August 2, 2001, personal property sold to a
10lessor who leases the property, under a lease of one year or
11longer executed or in effect at the time of the purchase, to a
12governmental body that has been issued an active tax exemption
13identification number by the Department under Section 1g of
14this Act. This paragraph is exempt from the provisions of
15Section 2-70.
16    (38) Beginning on January 1, 2002 and through June 30,
172016, tangible personal property purchased from an Illinois
18retailer by a taxpayer engaged in centralized purchasing
19activities in Illinois who will, upon receipt of the property
20in Illinois, temporarily store the property in Illinois (i) for
21the purpose of subsequently transporting it outside this State
22for use or consumption thereafter solely outside this State or
23(ii) for the purpose of being processed, fabricated, or
24manufactured into, attached to, or incorporated into other
25tangible personal property to be transported outside this State
26and thereafter used or consumed solely outside this State. The

 

 

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1Director of Revenue shall, pursuant to rules adopted in
2accordance with the Illinois Administrative Procedure Act,
3issue a permit to any taxpayer in good standing with the
4Department who is eligible for the exemption under this
5paragraph (38). The permit issued under this paragraph (38)
6shall authorize the holder, to the extent and in the manner
7specified in the rules adopted under this Act, to purchase
8tangible personal property from a retailer exempt from the
9taxes imposed by this Act. Taxpayers shall maintain all
10necessary books and records to substantiate the use and
11consumption of all such tangible personal property outside of
12the State of Illinois.
13    (39) Beginning January 1, 2008, tangible personal property
14used in the construction or maintenance of a community water
15supply, as defined under Section 3.145 of the Environmental
16Protection Act, that is operated by a not-for-profit
17corporation that holds a valid water supply permit issued under
18Title IV of the Environmental Protection Act. This paragraph is
19exempt from the provisions of Section 2-70.
20    (40) Beginning January 1, 2010, materials, parts,
21equipment, components, and furnishings incorporated into or
22upon an aircraft as part of the modification, refurbishment,
23completion, replacement, repair, or maintenance of the
24aircraft. This exemption includes consumable supplies used in
25the modification, refurbishment, completion, replacement,
26repair, and maintenance of aircraft, but excludes any

 

 

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1materials, parts, equipment, components, and consumable
2supplies used in the modification, replacement, repair, and
3maintenance of aircraft engines or power plants, whether such
4engines or power plants are installed or uninstalled upon any
5such aircraft. "Consumable supplies" include, but are not
6limited to, adhesive, tape, sandpaper, general purpose
7lubricants, cleaning solution, latex gloves, and protective
8films. This exemption applies only to the sale of qualifying
9tangible personal property to persons who modify, refurbish,
10complete, replace, or maintain an aircraft and who (i) hold an
11Air Agency Certificate and are empowered to operate an approved
12repair station by the Federal Aviation Administration, (ii)
13have a Class IV Rating, and (iii) conduct operations in
14accordance with Part 145 of the Federal Aviation Regulations.
15The exemption does not include aircraft operated by a
16commercial air carrier providing scheduled passenger air
17service pursuant to authority issued under Part 121 or Part 129
18of the Federal Aviation Regulations. The changes made to this
19paragraph (40) by Public Act 98-534 are declarative of existing
20law.
21    (41) Tangible personal property sold to a
22public-facilities corporation, as described in Section
2311-65-10 of the Illinois Municipal Code, for purposes of
24constructing or furnishing a municipal convention hall, but
25only if the legal title to the municipal convention hall is
26transferred to the municipality without any further

 

 

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1consideration by or on behalf of the municipality at the time
2of the completion of the municipal convention hall or upon the
3retirement or redemption of any bonds or other debt instruments
4issued by the public-facilities corporation in connection with
5the development of the municipal convention hall. This
6exemption includes existing public-facilities corporations as
7provided in Section 11-65-25 of the Illinois Municipal Code.
8This paragraph is exempt from the provisions of Section 2-70.
9    (42) Beginning January 1, 2017, menstrual pads, tampons,
10and menstrual cups.
11    (43) Merchandise that is subject to the Rental Purchase
12Agreement Occupation and Use Tax. The purchaser must certify
13that the item is purchased to be rented subject to a rental
14purchase agreement, as defined in the Rental Purchase Agreement
15Act, and provide proof of registration under the Rental
16Purchase Agreement Occupation and Use Tax Act. This Paragraph
17is exempt from the provisions of section 2-70.
18(Source: P.A. 98-104, eff. 7-22-13; 98-422, eff. 8-16-13;
1998-456, eff. 8-16-13; 98-534, eff. 8-23-13; 98-574, eff.
201-1-14; 98-583, eff. 1-1-14; 98-756, eff. 7-16-14; 99-180, eff.
217-29-15; 99-855, eff. 8-19-16.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.