Illinois General Assembly - Full Text of SB2132
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Full Text of SB2132  93rd General Assembly

SB2132 93rd General Assembly


093_SB2132

 
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 1        AN ACT concerning taxes.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Gas Use Tax  Law  is  amended  by  adding
 5    Section 5-90 as follows:

 6        (35 ILCS 175/5-90 new)
 7        Sec. 5-90.  Applicability; repealer.
 8        (a)  The  tax imposed under this Act is no longer imposed
 9    and no tax may be collected under this Act  with  respect  to
10    bills   issued  on  or  after  the  effective  date  of  this
11    amendatory Act of the 93rd  General  Assembly.   This  Sectin
12    does  not  affect the liability for or collection of tax with
13    respect to bills issued before the  effective  date  of  this
14    amendatory Act of the 93rd General Assembly.
15        (b)  This Act is repealed on July 1, 2006.

16        Section  10.   The  Gas  Revenue  Tax  Act  is amended by
17    changing Section 1 as follows:

18        (35 ILCS 615/1) (from Ch. 120, par. 467.16)
19        Sec. 1.  For the purposes of this Act:  "Gross  receipts"
20    means   the   consideration  received  for  gas  distributed,
21    supplied, furnished or sold to persons for use or consumption
22    and not for resale,  and  for  all  services  (including  the
23    transportation or storage of gas for an end-user) rendered in
24    connection  therewith,  and  shall include cash, services and
25    property of every kind or nature,  and  shall  be  determined
26    without  any deduction on account of the cost of the service,
27    product or commodity supplied, the cost  of  materials  used,
28    labor  or  service  costs,  or  any other expense whatsoever.
29    However, "gross receipts" shall not include receipts from:
 
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 1             (i)  any minimum or other  charge  for  gas  or  gas
 2        service where the customer has taken no therms of gas;
 3             (ii)  any charge for a dishonored check;
 4             (iii)  any  finance  or  credit  charge,  penalty or
 5        charge  for  delayed  payment,  or  discount  for  prompt
 6        payment;
 7             (iv)  any charge for reconnection of service or  for
 8        replacement or relocation of facilities;
 9             (v)  any   advance   or   contribution   in  aid  of
10        construction;
11             (vi)  repair, inspection or servicing  of  equipment
12        located on customer premises;
13             (vii)  leasing  or  rental of equipment, the leasing
14        or rental of which  is  not  necessary  to  distributing,
15        furnishing,  supplying,  selling, transporting or storing
16        gas;
17             (viii)  any sale to a customer if  the  taxpayer  is
18        prohibited  by  federal  or  State  constitution, treaty,
19        convention, statute or court decision from recovering the
20        related tax liability from such customer;
21             (ix)  any charges added to customers' bills pursuant
22        to the provisions of Section 9-221 or  Section  9-222  of
23        the  Public  Utilities  Act,  as  amended, or any charges
24        added to  customers'  bills  by  taxpayers  who  are  not
25        subject  to  rate  regulation  by  the  Illinois Commerce
26        Commission for the purpose of recovering any of  the  tax
27        liabilities or other amounts specified in such provisions
28        of such Act; and
29             (x)  prior  to  October  1, 2003 and beginning again
30        with respect to bills issued on or  after  the  effective
31        date of this amendatory Act of the 93rd General Assembly,
32        any  charge  for  gas  or  gas services to a customer who
33        acquired contractual rights for the  direct  purchase  of
34        gas  or  gas  services  originating  from an out-of-state
 
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 1        supplier or source on or before March 1, 1995, except for
 2        those charges solely related to the local distribution of
 3        gas by a public utility.   This  exemption  includes  any
 4        charge  for  gas or gas service, except for those charges
 5        solely related to the local  distribution  of  gas  by  a
 6        public  utility,  to a customer who maintained an account
 7        with a public utility (as defined in Section 3-105 of the
 8        Public  Utilities  Act)   for   the   transportation   of
 9        customer-owned  gas  on  or  before  March  1, 1995.  The
10        provisions of this amendatory Act of 1997 are intended to
11        clarify, rather than  change,  existing  law  as  to  the
12        meaning  and scope of this exemption.  This exemption (x)
13        expires on September 30, 2003.
14        In case credit is extended, the amount thereof  shall  be
15    included only as and when payments are received.
16        "Gross receipts" shall not include consideration received
17    from  business enterprises certified under Section 9-222.1 of
18    the Public Utilities Act, as amended, to the extent  of  such
19    exemption  and  during  the  period  of time specified by the
20    Department of Commerce and Community Affairs.
21        "Department" means the Department of Revenue of the State
22    of Illinois.
23        "Director"  means  the  Director  of  Revenue   for   the
24    Department of Revenue of the State of Illinois.
25        "Taxpayer"  means  a  person  engaged  in the business of
26    distributing, supplying, furnishing or selling gas for use or
27    consumption and not for resale.
28        "Person"  means  any  natural  individual,  firm,  trust,
29    estate, partnership, association, joint stock company,  joint
30    adventure,  corporation,  limited  liability  company,  or  a
31    receiver, trustee, guardian or other representative appointed
32    by  order  of  any  court, or any city, town, county or other
33    political subdivision of this State.
34        "Invested capital" means that amount  equal  to  (i)  the
 
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 1    average  of  the  balances  at  the beginning and end of each
 2    taxable period of the taxpayer's total  stockholder's  equity
 3    and total long-term debt, less investments in and advances to
 4    all corporations, as set forth on the balance sheets included
 5    in  the  taxpayer's  annual  report  to the Illinois Commerce
 6    Commission for the  taxable  period;  (ii)  multiplied  by  a
 7    fraction  determined  under  Sections  301  and 304(a) of the
 8    "Illinois Income Tax Act" and reported on the Illinois income
 9    tax return for the taxable  period  ending  in  or  with  the
10    taxable  period  in  question.  However,  notwithstanding the
11    income  tax  return  reporting  requirement   stated   above,
12    beginning  July  1,  1979, no taxpayer's denominators used to
13    compute  the  sales,  property  or  payroll   factors   under
14    subsection  (a) of Section 304 of the Illinois Income Tax Act
15    shall include payroll, property or  sales  of  any  corporate
16    entity   other   than   the  taxpayer  for  the  purposes  of
17    determining an allocation for the invested capital tax.  This
18    amendatory  Act  of 1982, Public Act 82-1024, is not intended
19    to and does not  make  any  change  in  the  meaning  of  any
20    provision  of  this  Act,  it  having  been the intent of the
21    General Assembly in  initially  enacting  the  definition  of
22    "invested  capital"  to  provide  for  apportionment  of  the
23    invested  capital  of  each  company,  based  solely upon the
24    sales, property and payroll of that company.
25        "Taxable period" means each period which ends  after  the
26    effective  date of this Act and which is covered by an annual
27    report filed by  the  taxpayer  with  the  Illinois  Commerce
28    Commission.
29    (Source: P.A. 93-31, eff. 10-1-03.)

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.