Illinois General Assembly - Full Text of HB5412
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Full Text of HB5412  103rd General Assembly

HB5412eng 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB5412 EngrossedLRB103 34192 HLH 64015 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 Reimagining Energy and Vehicles in Illinois
5Act is amended by changing Section 30 as follows:
 
6    (20 ILCS 686/30)
7    Sec. 30. Tax credit awards.
8    (a) Subject to the conditions set forth in this Act, a
9taxpayer is entitled to a credit against the tax imposed
10pursuant to subsections (a) and (b) of Section 201 of the
11Illinois Income Tax Act for a taxable year beginning on or
12after January 1, 2025 if the taxpayer is awarded a credit by
13the Department in accordance with an agreement under this Act.
14The Department has authority to award credits under this Act
15on and after January 1, 2022.
16    (b) REV Illinois Credits. A taxpayer may receive a tax
17credit against the tax imposed under subsections (a) and (b)
18of Section 201 of the Illinois Income Tax Act, not to exceed
19the sum of (i) 75% of the incremental income tax attributable
20to new employees at the applicant's project and (ii) 10% of the
21training costs of the new employees. If the project is located
22in an underserved area or an energy transition area, then the
23amount of the credit may not exceed the sum of (i) 100% of the

 

 

HB5412 Engrossed- 2 -LRB103 34192 HLH 64015 b

1incremental income tax attributable to new employees at the
2applicant's project; and (ii) 10% of the training costs of the
3new employees. The percentage of training costs includable in
4the calculation may be increased by an additional 15% for
5training costs associated with new employees that are recent
6(2 years or less) graduates, certificate holders, or
7credential recipients from an institution of higher education
8in Illinois, or, if the training is provided by an institution
9of higher education in Illinois, the Clean Jobs Workforce
10Network Program, or an apprenticeship and training program
11located in Illinois and approved by and registered with the
12United States Department of Labor's Bureau of Apprenticeship
13and Training. An applicant is also eligible for a training
14credit that shall not exceed 10% of the training costs of
15retained employees for the purpose of upskilling to meet the
16operational needs of the applicant or the REV Illinois
17Project. The percentage of training costs includable in the
18calculation shall not exceed a total of 25%. If an applicant
19agrees to hire the required number of new employees, then the
20maximum amount of the credit for that applicant may be
21increased by an amount not to exceed 75% of the incremental
22income tax attributable to retained employees at the
23applicant's project; provided that, in order to receive the
24increase for retained employees, the applicant must, if
25applicable, meet or exceed the statewide baseline. For
26agreements entered into on or after the effective date of this

 

 

HB5412 Engrossed- 3 -LRB103 34192 HLH 64015 b

1amendatory Act of the 103rd General Assembly and before June
21, 2024 that qualify under paragraph (5) of subsection (c) of
3Section 20, a taxpayer may receive a tax credit not to exceed
475% of the incremental income tax attributable to retained
5employees at the applicant's project. If the project is in an
6underserved area or an energy transition area and qualifies
7under paragraph (5) of subsection (c) of Section 20, then the
8maximum amount of the credit attributable to retained
9employees for the applicant may be increased to an amount not
10to exceed 100% of the incremental income tax attributable to
11retained employees at the applicant's project.
12    If the Project is in an underserved area or an energy
13transition area, the maximum amount of the credit attributable
14to retained employees for the applicant may be increased to an
15amount not to exceed 100% of the incremental income tax
16attributable to retained employees at the applicant's project;
17provided that, in order to receive the increase for retained
18employees, the applicant must meet or exceed the statewide
19baseline. REV Illinois Credits awarded may include credit
20earned for incremental income tax withheld and training costs
21incurred by the taxpayer beginning on or after January 1,
222022. Credits so earned and certified by the Department may be
23applied against the tax imposed by subsections (a) and (b) of
24Section 201 of the Illinois Income Tax Act for taxable years
25beginning on or after January 1, 2025.
26    (c) REV Construction Jobs Credit. For construction wages

 

 

HB5412 Engrossed- 4 -LRB103 34192 HLH 64015 b

1associated with a project that qualified for a REV Illinois
2Credit under subsection (b), the taxpayer may receive a tax
3credit against the tax imposed under subsections (a) and (b)
4of Section 201 of the Illinois Income Tax Act in an amount
5equal to 50% of the incremental income tax attributable to
6construction wages paid in connection with construction of the
7project facilities, as a jobs credit for workers hired to
8construct the project.
9    The REV Construction Jobs Credit may not exceed 75% of the
10amount of the incremental income tax attributable to
11construction wages paid in connection with construction of the
12project facilities if the project is in an underserved area or
13an energy transition area.
14    (d) The Department shall certify to the Department of
15Revenue: (1) the identity of Taxpayers that are eligible for
16the REV Illinois Credit and REV Construction Jobs Credit; (2)
17the amount of the REV Illinois Credits and REV Construction
18Jobs Credits awarded in each calendar year; and (3) the amount
19of the REV Illinois Credit and REV Construction Jobs Credit
20claimed in each calendar year. REV Illinois Credits awarded
21may include credit earned for Incremental Income Tax withheld
22and Training Costs incurred by the Taxpayer beginning on or
23after January 1, 2022. Credits so earned and certified by the
24Department may be applied against the tax imposed by Section
25201(a) and (b) of the Illinois Income Tax Act for taxable years
26beginning on or after January 1, 2025.

 

 

HB5412 Engrossed- 5 -LRB103 34192 HLH 64015 b

1    (e) Applicants seeking certification for tax credits
2related to the construction of the project facilities in the
3State shall require the contractor to enter into a project
4labor agreement that conforms with the Project Labor
5Agreements Act.
6    (f) Any applicant issued a certificate for a tax credit or
7tax exemption under this Act must annually report to the
8Department the total project tax benefits received. Reports
9are due no later than May 31 of each year and shall cover the
10previous calendar year. The first report is for the 2022
11calendar year and is due no later than May 31, 2023. Failure to
12report data may result in ineligibility to receive incentives.
13The Department, in consultation with the Department of
14Revenue, is authorized to adopt rules governing ineligibility
15to receive exemptions, including the length of ineligibility.
16Factors to be considered in determining whether a business is
17ineligible shall include, but are not limited to, prior
18compliance with the reporting requirements, cooperation in
19discontinuing and correcting violations, the extent of the
20violation, and whether the violation was willful or
21inadvertent.
22    For applicants issued a certificate of exemption under
23Section 105 of this Act, the report shall be the same as
24required for a High Impact Business under subsection (a-5) of
25Section 8.1 of the Illinois Enterprise Zone Act. Failure to
26report data may result in revocation of the building materials

 

 

HB5412 Engrossed- 6 -LRB103 34192 HLH 64015 b

1exemption certificate issued to a taxpayer. The Department of
2Revenue is authorized to adopt rules governing revocation
3determinations, including the length of revocation. Factors to
4be considered in revocations shall include, but are not
5limited to, prior compliance with the reporting requirements,
6cooperation in discontinuing and correcting violations, and
7whether the certificate was used unlawfully during the
8preceding year.
9    Each person required to file a return under the Gas
10Revenue Tax Act, the Electricity Excise Tax Law, or the
11Telecommunications Excise Tax Act shall file a report
12containing information about customers that are issued an
13exemption certificate under Section 95 of this Act in the same
14manner and form as they are required to report under
15subsection (b) of Section 8.1 of the Illinois Enterprise Zone
16Act.
17    (g) Nothing in this Act shall prohibit an award of credit
18to an applicant that uses a PEO if all other award criteria are
19satisfied.
20    (h) With respect to any portion of a REV Illinois Credit
21that is based on the incremental income tax attributable to
22new employees or retained employees, in lieu of the Credit
23allowed under this Act against the taxes imposed pursuant to
24subsections (a) and (b) of Section 201 of the Illinois Income
25Tax Act, a taxpayer that otherwise meets the criteria set
26forth in this Section, the taxpayer may elect to claim the

 

 

HB5412 Engrossed- 7 -LRB103 34192 HLH 64015 b

1credit, on or after January 1, 2025, against its obligation to
2pay over withholding under Section 704A of the Illinois Income
3Tax Act. The election shall be made in the manner prescribed by
4the Department of Revenue and once made shall be irrevocable.
5    (i) The Department of Revenue, in its discretion, may
6require that the reports filed under this Section be submitted
7electronically.
8    (j) The Department of Revenue shall have the authority to
9adopt rules as are reasonable and necessary to implement the
10provisions of this Section.
11(Source: P.A. 102-669, eff. 11-16-21; 102-1112, eff. 12-21-22;
12102-1125, eff. 2-3-23; 103-9, eff. 6-7-23.)
 
13    Section 10. The Manufacturing Illinois Chips for Real
14Opportunity (MICRO) Act is amended by changing Section 110-30
15as follows:
 
16    (35 ILCS 45/110-30)
17    Sec. 110-30. Tax credit awards.
18    (a) Subject to the conditions set forth in this Act, a
19taxpayer is entitled to a credit against the tax imposed
20pursuant to subsections (a) and (b) of Section 201 of the
21Illinois Income Tax Act for a taxable year beginning on or
22after January 1, 2025 if the taxpayer is awarded a credit by
23the Department in accordance with an agreement under this Act.
24The Department has authority to award credits under this Act

 

 

HB5412 Engrossed- 8 -LRB103 34192 HLH 64015 b

1on and after January 1, 2023.
2    (b) A taxpayer may receive a tax credit against the tax
3imposed under subsections (a) and (b) of Section 201 of the
4Illinois Income Tax Act, not to exceed the sum of (i) 75% of
5the incremental income tax attributable to new employees at
6the applicant's project and (ii) 10% of the training costs of
7the new employees. If the project is located in an underserved
8area or an energy transition area, then the amount of the
9credit may not exceed the sum of (i) 100% of the incremental
10income tax attributable to new employees at the applicant's
11project; and (ii) 10% of the training costs of the new
12employees. The percentage of training costs includable in the
13calculation may be increased by an additional 15% for training
14costs associated with new employees that are recent (2 years
15or less) graduates, certificate holders, or credential
16recipients from an institution of higher education in
17Illinois, or, if the training is provided by an institution of
18higher education in Illinois, the Clean Jobs Workforce Network
19Program, or an apprenticeship and training program located in
20Illinois and approved by and registered with the United States
21Department of Labor's Bureau of Apprenticeship and Training.
22An applicant is also eligible for a training credit that shall
23not exceed 10% of the training costs of retained employees for
24the purpose of upskilling to meet the operational needs of the
25applicant or the project. The percentage of training costs
26includable in the calculation shall not exceed a total of 25%.

 

 

HB5412 Engrossed- 9 -LRB103 34192 HLH 64015 b

1If an applicant agrees to hire the required number of new
2employees, then the maximum amount of the credit for that
3applicant may be increased by an amount not to exceed 75% of
4the incremental income tax attributable to retained employees
5at the applicant's project; provided that, in order to receive
6the increase for retained employees, the applicant must, if
7applicable, meet or exceed the statewide baseline. If the
8Project is in an underserved area or an energy transition
9area, the maximum amount of the credit attributable to
10retained employees for the applicant may be increased to an
11amount not to exceed 100% of the incremental income tax
12attributable to retained employees at the applicant's project;
13provided that, in order to receive the increase for retained
14employees, the applicant must meet or exceed the statewide
15baseline. Credits awarded may include credit earned for
16incremental income tax withheld and training costs incurred by
17the taxpayer beginning on or after January 1, 2023. Credits so
18earned and certified by the Department may be applied against
19the tax imposed by subsections (a) and (b) of Section 201 of
20the Illinois Income Tax Act for taxable years beginning on or
21after January 1, 2025.
22    (c) MICRO Construction Jobs Credit. For construction wages
23associated with a project that qualified for a credit under
24subsection (b), the taxpayer may receive a tax credit against
25the tax imposed under subsections (a) and (b) of Section 201 of
26the Illinois Income Tax Act in an amount equal to 50% of the

 

 

HB5412 Engrossed- 10 -LRB103 34192 HLH 64015 b

1incremental income tax attributable to construction wages paid
2in connection with construction of the project facilities, as
3a jobs credit for workers hired to construct the project.
4    The MICRO Construction Jobs Credit may not exceed 75% of
5the amount of the incremental income tax attributable to
6construction wages paid in connection with construction of the
7project facilities if the project is in an underserved area or
8an energy transition area.
9    (d) The Department shall certify to the Department of
10Revenue: (1) the identity of taxpayers that are eligible for
11the MICRO Credit and MICRO Construction Jobs Credit; (2) the
12amount of the MICRO Credits and MICRO Construction Jobs
13Credits awarded in each calendar year; and (3) the amount of
14the MICRO Credit and MICRO Construction Jobs Credit claimed in
15each calendar year. MICRO Credits awarded may include credit
16earned for incremental income tax withheld and training costs
17incurred by the taxpayer beginning on or after January 1,
182023. Credits so earned and certified by the Department may be
19applied against the tax imposed by Section 201(a) and (b) of
20the Illinois Income Tax Act for taxable years beginning on or
21after January 1, 2025.
22    (e) Applicants seeking certification for a tax credits
23related to the construction of the project facilities in the
24State shall require the contractor to enter into a project
25labor agreement that conforms with the Project Labor
26Agreements Act.

 

 

HB5412 Engrossed- 11 -LRB103 34192 HLH 64015 b

1    (f) Any applicant issued a certificate for a tax credit or
2tax exemption under this Act must annually report to the
3Department the total project tax benefits received. Reports
4are due no later than May 31 of each year and shall cover the
5previous calendar year. The first report is for the 2023
6calendar year and is due no later than May 31, 2023. Failure to
7report data may result in ineligibility to receive incentives.
8The Department, in consultation with the Department of
9Revenue, is authorized to adopt rules governing ineligibility
10to receive exemptions, including the length of ineligibility.
11Factors to be considered in determining whether a business is
12ineligible shall include, but are not limited to, prior
13compliance with the reporting requirements, cooperation in
14discontinuing and correcting violations, the extent of the
15violation, and whether the violation was willful or
16inadvertent.
17    For applicants issued a certificate of exemption under
18Section 110-105 of this Act, the report shall be the same as
19required for a High Impact Business under subsection (a-5) of
20Section 8.1 of the Illinois Enterprise Zone Act. Failure to
21report data may result in revocation of the building materials
22exemption certificate issued to a taxpayer. The Department of
23Revenue is authorized to adopt rules governing revocation
24determinations, including the length of revocation. Factors to
25be considered in revocations shall include, but are not
26limited to, prior compliance with the reporting requirements,

 

 

HB5412 Engrossed- 12 -LRB103 34192 HLH 64015 b

1cooperation in discontinuing and correcting violations, and
2whether the certificate was used unlawfully during the
3preceding year.
4    Each person required to file a return under the Gas
5Revenue Tax Act, the Electricity Excise Tax Act, or the
6Telecommunications Excise Tax Act shall file a report on
7customers issued an exemption certificate under Section 110-95
8of this Act in the same manner and form as they are required to
9report under subsection (b) of Section 8.1 of the Illinois
10Enterprise Zone Act.
11    (g) Nothing in this Act shall prohibit an award of credit
12to an applicant that uses a PEO if all other award criteria are
13satisfied.
14    (h) With respect to any portion of a credit that is based
15on the incremental income tax attributable to new employees or
16retained employees, in lieu of the credit allowed under this
17Act against the taxes imposed pursuant to subsections (a) and
18(b) of Section 201 of the Illinois Income Tax Act, a taxpayer
19that otherwise meets the criteria set forth in this Section,
20the taxpayer may elect to claim the credit, on or after January
211, 2025, against its obligation to pay over withholding under
22Section 704A of the Illinois Income Tax Act. The election
23shall be made in the manner prescribed by the Department of
24Revenue and once made shall be irrevocable.
25    (i) The Department of Revenue, in its discretion, may
26require that the reports filed under this Section be submitted

 

 

HB5412 Engrossed- 13 -LRB103 34192 HLH 64015 b

1electronically.
2    (j) The Department of Revenue shall have the authority to
3adopt rules as are reasonable and necessary to implement the
4provisions of this Section.
5(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;
6revised 4-5-23.)
 
7    Section 15. The Retailers' Occupation Tax Act is amended
8by changing Sections 5m and 5n as follows:
 
9    (35 ILCS 120/5m)
10    Sec. 5m. Building materials exemption; REV Illinois
11projects. Each retailer who makes a sale of building materials
12that will be incorporated into a REV Illinois Project for
13which a certificate of exemption has been issued by the
14Department of Commerce and Economic Opportunity under Section
15105 of the Reimagining Energy and Vehicles in Illinois Act may
16deduct receipts from those sales when calculating any State or
17local use and occupation taxes. No retailer who is eligible
18for the deduction or credit under Section 5k of this Act
19related to enterprise zones or Section 5l of this Act related
20to High Impact Businesses for a given sale shall be eligible
21for the deduction or credit authorized under this Section for
22that same sale.
23    To In addition to any other requirements to document the
24exemption allowed under this Section, the retailer must obtain

 

 

HB5412 Engrossed- 14 -LRB103 34192 HLH 64015 b

1from the purchaser the purchaser's REV Illinois Building
2Materials Exemption certificate number issued by the
3Department and a certification that contains: .
4        (1) a statement that the building materials are being
5    purchased for incorporation into a REV Illinois Project;
6        (2) the location or address of the real estate into
7    which the building materials will be incorporated;
8        (3) the name and address of the construction
9    contractor or other entity;
10        (4) a description of the building materials being
11    purchased;
12        (5) the purchaser's REV Illinois Building Materials
13    Exemption Certificate number issued by the Department of
14    Revenue; and
15        (6) the purchaser's signature and date of purchase.
16    A construction contractor or other entity shall not make
17tax-free purchases under this Section unless it has an active
18REV Illinois Building Materials Exemption Certificate issued
19by the Department at the time of purchase.
20    Upon request from the certified manufacturer, the
21Department shall issue a REV Illinois Building Materials
22Exemption Certificate for each construction contractor or
23other entity identified by the certified manufacturer. The
24Department shall make the REV Illinois Building Materials
25Exemption Certificates available to each construction
26contractor or other entity identified by the certified

 

 

HB5412 Engrossed- 15 -LRB103 34192 HLH 64015 b

1manufacturer and to the certified manufacturer. The request
2for REV Illinois Building Materials Exemption Certificates
3under this Section must include the following information:
4        (1) the name and address of the construction
5    contractor or other entity;
6        (2) the name and location or address of the building
7    project site;
8        (3) the estimated amount of the exemption for each
9    construction contractor or other entity for which a
10    request for a REV Illinois Building Materials Exemption
11    Certificate is made, based on a stated estimated average
12    tax rate and the percentage of the contract that consists
13    of materials;
14        (4) the period of time over which supplies for the
15    project are expected to be purchased; and
16        (5) other reasonable information as the Department may
17    require, including but not limited to FEIN numbers, to
18    determine if the contractor or other entity, or any
19    partner, or a corporate officer, and in the case of a
20    limited liability company, any manager or member, of the
21    construction contractor or other entity, is or has been
22    the owner, a partner, a corporate officer, and in the case
23    of a limited liability company, a manager or member, of a
24    person that is in default for moneys due to the Department
25    under this Act or any other tax or fee Act administered by
26    the Department.

 

 

HB5412 Engrossed- 16 -LRB103 34192 HLH 64015 b

1    The Department shall issue the REV Illinois Building
2Materials Exemption Certificates within 3 business days after
3receipt of the request from the certified manufacturer. This
4requirement does not apply in circumstances where the
5Department, for reasonable cause, is unable to issue the
6Exemption Certificate within 3 business days. The Department
7may refuse to issue a REV Illinois Building Materials
8Exemption Certificate if the owner, any partner, or a
9corporate officer, and in the case of a limited liability
10company, any manager or member, of the construction contractor
11or other entity is or has been the owner, a partner, a
12corporate officer, and in the case of a limited liability
13company, a manager or member, of a person that is in default
14for moneys due to the Department under this Act or any other
15tax or fee Act administered by the Department.
16    The REV Illinois Building Materials Exemption Certificate
17shall contain language stating that if the construction
18contractor or other entity who is issued the Exemption
19Certificate makes a tax-exempt purchase, as described in this
20Section, that is not eligible for exemption under this Section
21or allows another person to make a tax-exempt purchase, as
22described in this Section, that is not eligible for exemption
23under this Section, then, in addition to any tax or other
24penalty imposed, the construction contractor or other entity
25is subject to a penalty equal to the tax that would have been
26paid by the retailer under this Act as well as any applicable

 

 

HB5412 Engrossed- 17 -LRB103 34192 HLH 64015 b

1local retailers' occupation tax on the purchase that is not
2eligible for the exemption.
3    The Department, in its discretion, may require that the
4request for REV Illinois Building Materials Exemption
5Certificates be submitted electronically. The Department may,
6in its discretion, issue the Exemption Certificates
7electronically. The REV Illinois Building Materials Exemption
8Certificate number shall be designed in such a way that the
9Department can identify from the unique number on the
10Exemption Certificate issued to a given construction
11contractor or other entity, the name of the REV Illinois
12project site and the construction contractor or other entity
13to whom the Exemption Certificate is issued. The REV Illinois
14Building Materials Exemption Certificate shall contain an
15expiration date, which shall be no more than 5 years after the
16date of issuance. At the request of the certified
17manufacturer, the Department may renew a REV Illinois Building
18Materials Exemption Certificate. After the Department issues
19Exemption Certificates for a given REV Illinois project site,
20the certified manufacturer may notify the Department of
21additional construction contractors or other entities that are
22eligible for a REV Illinois Building Materials Exemption
23Certificate. Upon receiving such a notification and subject to
24the other provisions of this Section, the Department shall
25issue a REV Illinois Building Materials Exemption Certificate
26to each additional construction contractor or other entity so

 

 

HB5412 Engrossed- 18 -LRB103 34192 HLH 64015 b

1identified. A certified manufacturer may ask the Department to
2rescind a REV Illinois Building Materials Exemption
3Certificate previously issued by the Department to a
4construction contractor or other entity working at that
5certified manufacturer's REV Illinois project site if that REV
6Illinois Building Materials Exemption Certificate has not yet
7expired. Upon receiving such a request and subject to the
8other provisions of this Section, the Department shall issue
9the rescission of the REV Illinois Building Materials
10Exemption Certificate to the construction contractor or other
11entity identified by the certified manufacturer and provide a
12copy of the rescission to the construction contractor or other
13entity and to the certified manufacturer.
14    If the Department of Revenue determines that a
15construction contractor or other entity that was issued an
16Exemption Certificate under this Section made a tax-exempt
17purchase, as described in this Section, that was not eligible
18for exemption under this Section or allowed another person to
19make a tax-exempt purchase, as described in this Section, that
20was not eligible for exemption under this Section, then, in
21addition to any tax or other penalty imposed, the construction
22contractor or other entity is subject to a penalty equal to the
23tax that would have been paid by the retailer under this Act as
24well as any applicable local retailers' occupation tax on the
25purchase that was not eligible for the exemption.
26    This Section is exempt from the provisions of Section

 

 

HB5412 Engrossed- 19 -LRB103 34192 HLH 64015 b

12-70.
2    As used in this Section, "certified manufacturer" means a
3person certified by the Department of Commerce and Economic
4Opportunity under Section 105 of the Reimagining Energy and
5Vehicles in Illinois Act.
6(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23.)
 
7    (35 ILCS 120/5n)
8    Sec. 5n. Building materials exemption; microchip and
9semiconductor manufacturing. Each retailer who makes a sale of
10building materials that will be incorporated into real estate
11in a qualified facility for which a certificate of exemption
12has been issued by the Department of Commerce and Economic
13Opportunity under Section 110-105 of the Manufacturing
14Illinois Chips for Real Opportunity (MICRO) Act, may deduct
15receipts from such sales when calculating any State or local
16use and occupation taxes. No retailer who is eligible for the
17deduction or credit under Section 5k of this Act related to
18enterprise zones or Section 5l of this Act related to High
19Impact Businesses for a given sale shall be eligible for the
20deduction or credit authorized under this Section for that
21same sale.
22    To In addition to any other requirements to document the
23exemption allowed under this Section, the retailer must obtain
24from the purchaser the purchaser's exemption certificate
25number issued by the Department and a certification that

 

 

HB5412 Engrossed- 20 -LRB103 34192 HLH 64015 b

1contains: .
2        (1) a statement that the building materials are being
3    purchased for incorporation into real estate in a
4    qualified facility;
5        (2) the location or address of the real estate into
6    which the building materials will be incorporated;
7        (3) the name and address of the construction
8    contractor or other entity;
9        (4) a description of the building materials being
10    purchased;
11        (5) the purchaser's MICRO Illinois Building Materials
12    Exemption Certificate number issued by the Department of
13    Revenue; and
14        (6) the purchaser's signature and date of purchase.
15    A construction contractor or other entity shall not make
16tax-free purchases unless it has an active exemption
17certificate issued by the Department at the time of purchase.
18    Upon request from a person that has been certified by the
19Department of Commerce and Economic Opportunity under the
20Manufacturing Illinois Chips for Real Opportunity (MICRO) Act,
21the Department shall issue a MICRO Illinois Building Materials
22Exemption Certificate for each construction contractor or
23other entity identified by the person so certified. The
24Department shall make the MICRO Illinois Building Materials
25Exemption Certificates available to each construction
26contractor or other entity as well as the person certified

 

 

HB5412 Engrossed- 21 -LRB103 34192 HLH 64015 b

1under the Manufacturing Illinois Chips for Real Opportunity
2(MICRO) Act. The request for MICRO Illinois Building Materials
3Exemption Certificates must include the following information:
4        (1) the name and address of the construction
5    contractor or other entity;
6        (2) the name and location or address of the building
7    project site;
8        (3) the estimated amount of the exemption for each
9    construction contractor or other entity for which a
10    request for an exemption certificate is made, based on a
11    stated estimated average tax rate and the percentage of
12    the contract that consists of materials;
13        (4) the period of time over which supplies for the
14    project are expected to be purchased; and
15        (5) other reasonable information as the Department may
16    require, including but not limited to FEIN numbers, to
17    determine if the contractor or other entity, or any
18    partner, or a corporate officer, and in the case of a
19    limited liability company, any manager or member, of the
20    construction contractor or other entity, is or has been
21    the owner, a partner, a corporate officer, and in the case
22    of a limited liability company, a manager or member, of a
23    person that is in default for moneys due to the Department
24    under this Act or any other tax or fee Act administered by
25    the Department.
26    The Department shall issue the exemption certificate

 

 

HB5412 Engrossed- 22 -LRB103 34192 HLH 64015 b

1within 3 business days after receipt of request. This
2requirement does not apply in circumstances where the
3Department, for reasonable cause, is unable to issue the
4exemption certificate within 3 business days. The Department
5may refuse to issue an exemption certificate under this
6Section if the owner, any partner, or a corporate officer, and
7in the case of a limited liability company, any manager or
8member, of the construction contractor or other entity is or
9has been the owner, a partner, a corporate officer, and in the
10case of a limited liability company, a manager or member, of a
11person that is in default for moneys due to the Department
12under this Act or any other tax or fee Act administered by the
13Department.
14    The MICRO Illinois Building Materials Exemption
15Certificate shall contain language stating that, if the
16construction contractor or other entity who is issued the
17exemption certificate makes a tax-exempt purchase, as
18described in this Section, that is not eligible for exemption
19under this Section or allows another person to make a
20tax-exempt purchase, as described in this Section, that is not
21eligible for exemption under this Section, then, in addition
22to any tax or other penalty imposed, the construction
23contractor or other entity is subject to a penalty equal to the
24tax that would have been paid by the retailer under this Act as
25well as any applicable local retailers' occupation tax on the
26purchase that is not eligible for the exemption.

 

 

HB5412 Engrossed- 23 -LRB103 34192 HLH 64015 b

1    The Department, in its discretion, may require that the
2request for a MICRO Illinois Exemption Certificate be
3submitted electronically. The Department may, in its
4discretion, issue the exemption certificates electronically.
5The MICRO Illinois Building Materials Exemption Certificate
6number shall be designed in such a way that the Department can
7identify from the unique number on the exemption certificate
8issued to a given construction contractor or other entity, the
9name of the entity to whom the exemption certificate is
10issued. The MICRO Illinois Building Materials Exemption
11Certificate shall contain an expiration date, which shall be
12no more than 5 years after the date of issuance. At the request
13of the entity to whom the exemption certificate is issued, the
14Department may renew an exemption certificate issued under
15this Section. After the Department issues exemption
16certificates under this Section, the certified entity may
17notify the Department of additional construction contractors
18or other entities eligible for an exemption certificate under
19this Section. Upon such a notification and subject to the
20other provisions of this Section, the Department shall issue
21an exemption certificate to each additional qualified
22construction contractor or other entity so identified. A
23certified entity may notify the Department to rescind an
24exemption certificate previously issued by the Department that
25has not yet expired. Upon such a notification and subject to
26the other provisions of this Section, the Department shall

 

 

HB5412 Engrossed- 24 -LRB103 34192 HLH 64015 b

1rescind the exemption certificate.
2    If the Department of Revenue determines that a
3construction contractor or other entity that was issued an
4exemption certificate under this Section made a tax-exempt
5purchase, as described in this Section, that was not eligible
6for exemption under this Section or allowed another person to
7make a tax-exempt purchase, as described in this Section, that
8was not eligible for exemption under this Section, then, in
9addition to any tax or other penalty imposed, the construction
10contractor or other entity is subject to a penalty equal to the
11tax that would have been paid by the retailer under this Act as
12well as any applicable local retailers' occupation tax on the
13purchase that was not eligible for the exemption.
14    This Section is exempt from the provisions of Section
152-70.
16(Source: P.A. 102-700, eff. 4-19-22.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.