(35 ILCS 638/15)
Application of this Act.
The provisions of this Act shall apply
(a) General provisions. This Act shall apply to any tax, charge, or fee
levied by the State or a taxing jurisdiction within this State as a fixed
charge for each customer or measured by gross amounts charged to customers for
mobile telecommunications services, regardless of whether the tax, charge, or
fee is imposed on the vendor or customer of the service and regardless of the
terminology used to describe the tax, charge, or fee.
(b) General exceptions. This Act does not apply to:
(1) any tax, charge, or fee levied upon or measured
by the net income, capital stock, net worth, or property value of the provider of mobile telecommunications service;
(2) any tax, charge, or fee that is applied to an
equitably apportioned amount that is not determined on a transactional basis;
(3) any tax, charge, or fee that represents
compensation for a mobile telecommunications service provider's use of public rights of way or other public property, provided that such tax, charge, or fee is not levied by the taxing jurisdiction as a fixed charge for each customer or measured by gross amounts charged to customers for mobile telecommunications services;
(4) any generally applicable business and occupation
tax that is imposed by a State, is applied to gross receipts or gross proceeds, is the legal liability of the home service provider, and that statutorily allows the home service provider to elect to use the sourcing method required in this Act;
(5) any fee related to obligations under Section 254
of the federal Communications Act of 1934; or
(6) any tax, charge, or fee imposed by the Federal
(c) Specific exceptions. The provisions of this Act:
(1) do not apply to the determination of the taxing
situs of prepaid telephone calling services;
(2) do not affect the taxability of either the
initial sale of mobile telecommunications services or subsequent resale of such services, whether as sales of such services alone or as a part of a bundled product, if the federal Internet Tax Freedom Act would preclude a taxing jurisdiction from subjecting the charges of the sale of such services to a tax, charge, or fee, but this Section provides no evidence of the intent of the General Assembly with respect to the applicability of the federal Internet Tax Freedom Act to such charges; and
(3) do not apply to the determination of the taxing
situs of air-ground radiotelephone service as defined in Section 22.99 of Title 47 of the Code of Federal Regulations as in effect on June 1, 1999.
(d) Date of applicability. The provisions of this Act apply to customer
bills issued on or after August 1, 2002.
(Source: P.A. 92-474, eff. 8-1-02.)