(35 ILCS 120/1o)
Aircraft support center exemption.
(a) For the purposes of this Act, "aircraft support center" means a
support center operated by a
carrier for hire that is used primarily for the maintenance,
rebuilding, or repair of aircraft, aircraft parts, and auxiliary equipment,
and which carrier:
(1) will make an investment of $30,000,000 or more at
a federal Air Force Base located in this State;
(2) will cause the creation of at least 750 full-time
jobs at a joint use military and civilian airport at that federal Air Force Base;
(3) enters into a legally binding agreement with the
Department of Commerce and Economic Opportunity to comply with paragraphs (1) and (2) within a time period specified in the rules and regulations promulgated by the Department of Commerce and Economic Opportunity pursuant to this subsection; and
(4) is certified by the Department of Commerce and
Economic Opportunity to be in compliance with paragraphs (1), (2), and (3).
Any aircraft support center
applying for an exemption stated in this Section shall make
application to the Department of Commerce and Economic Opportunity in such
form and providing such information as may be prescribed by that Department.
The Department of Commerce and Economic Opportunity shall determine whether the
support center meets the criteria prescribed in this subsection. If the
Department of Commerce and Economic Opportunity determines
that the aircraft support center meets the criteria, it shall issue a
eligibility for exemption in the form prescribed by the Department of
Revenue to the carrier operating the aircraft support center. The
of Commerce and Economic Opportunity shall act upon certification request
within 60 days after receipt of application and shall file with the
Department of Revenue a copy of each certificate of eligibility for exemption.
The Department of Commerce and Economic Opportunity shall promulgate rules
and regulations to carry out the provisions of this subsection and to require
that any business operating an aircraft support center that is granted a tax
exemption pay the
exempted tax to the Department of Revenue if the business fails
to comply with the terms and conditions of the certification and pay all
penalties and interest on that exempted tax as determined by the
Department of Revenue.
The certificate of eligibility for exemption shall be presented by the
carrier operating an aircraft support center to its supplier when making the
initial purchase of items
for which an exemption is granted by this Section
together with a certification by the
business that the items are exempt from
taxation under this Act. The exempt status, if any, of
each subsequent purchase shall be indicated on the face of the purchase order.
(b) Subject to the provisions of this subsection, jet fuel and petroleum
products used or consumed
by any aircraft
support center directly in the process of maintaining, rebuilding, or
repairing aircraft is exempt from the tax imposed by this Act. The
Department of Revenue shall promulgate any rules necessary to further define
the items eligible for exemption.
(c) This Section is exempt from the provisions of Section 2-70.
(Source: P.A. 94-793, eff. 5-19-06.)