Illinois Compiled Statutes
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35 ILCS 630/2
(35 ILCS 630/2)
(from Ch. 120, par. 2002)
As used in this Article, unless the context clearly requires
(a) "Gross charge" means the amount paid for the act or
privilege of originating or receiving telecommunications in this State and
for all services and equipment provided in connection therewith by a
retailer, valued in money whether paid in money or otherwise, including
cash, credits, services and property of every kind or nature, and shall be
determined without any deduction on account of the cost of such
telecommunications, the cost of materials used, labor or service costs or
any other expense whatsoever. In case credit is extended, the amount
thereof shall be included only as and when paid.
"Gross charges" for private line service shall include charges imposed at
each channel termination point within this State, charges for the channel
between each channel termination point within this State, and charges for
of the interstate inter-office channel provided within Illinois. Charges for
that portion of the interstate inter-office channel provided in Illinois shall
be determined by the retailer as follows: (i) for interstate
inter-office channels having 2 channel termination points, only one of which
is in Illinois, 50% of the total charge imposed; or (ii) for interstate
inter-office channels having more than 2 channel termination points, one or
more of which
are in Illinois, an amount equal to the total charge
multiplied by a fraction, the numerator of which is the number of channel
termination points within Illinois and the denominator of which is the total
number of channel termination points. Prior to January 1,
2004, any method consistent with this
paragraph or other method that reasonably apportions the total charges for
interstate inter-office channels among the states in which channel terminations
points are located shall be accepted as a reasonable method to determine the
that portion of the interstate inter-office channel provided within Illinois
for that period. However, "gross charges" shall not include any of the
(1) Any amounts added to a purchaser's bill because
of a charge made pursuant to (i) the tax imposed by this Article; (ii) charges added to customers' bills pursuant to the provisions of Sections 9-221 or 9-222 of the Public Utilities Act, as amended, or any similar charges added to customers' bills by retailers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities or other amounts specified in such provisions of such Act; (iii) the tax imposed by Section 4251 of the Internal Revenue Code; (iv) 911 surcharges; or (v) the tax imposed by the Simplified Municipal Telecommunications Tax Act.
(2) Charges for a sent collect telecommunication
received outside of the State.
(3) Charges for leased time on equipment or charges
for the storage of data or information for subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a time-sharing agreement.
(4) Charges for customer equipment, including such
equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges.
(5) Charges to business enterprises certified under
Section 9-222.1 of the Public Utilities Act, as amended, to the extent of such exemption and during the period of time specified by the Department of Commerce and Economic Opportunity.
(6) Charges for telecommunications and all services
and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries when the tax imposed under this Article has already been paid to a retailer and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit for the corporation rendering such service.
(7) Bad debts. Bad debt means any portion of a debt
that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectable, as determined under applicable federal income tax standards. If the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made.
(8) Charges paid by inserting coins in coin-operated
(9) Amounts paid by telecommunications retailers
under the Telecommunications Municipal Infrastructure Maintenance Fee Act.
(10) Charges for nontaxable services or
telecommunications if (i) those charges are aggregated with other charges for telecommunications that are taxable, (ii) those charges are not separately stated on the customer bill or invoice, and (iii) the retailer can reasonably identify the nontaxable charges on the retailer's books and records kept in the regular course of business. If the nontaxable charges cannot reasonably be identified, the gross charge from the sale of both taxable and nontaxable services or telecommunications billed on a combined basis shall be attributed to the taxable services or telecommunications. The burden of proving nontaxable charges shall be on the retailer of the telecommunications.
(b) "Amount paid" means the amount charged to the taxpayer's service
address in this State regardless of where such amount is billed or paid.
(c) "Telecommunications", in addition to the meaning ordinarily and
popularly ascribed to it, includes, without limitation, messages or
information transmitted through use of local, toll and wide area telephone
service; private line services; channel services; telegraph services;
teletypewriter; computer exchange services; cellular mobile
telecommunications service; specialized mobile radio; stationary two way
radio; paging service; or any other form of mobile and portable one-way or
two-way communications; or any other transmission of messages or
information by electronic or similar means, between or among points by
wire, cable, fiber-optics, laser, microwave, radio, satellite or similar
facilities. As used in this Act, "private line" means a dedicated non-traffic
sensitive service for a single customer, that entitles the customer to
exclusive or priority use of a communications channel or group of channels,
from one or more specified locations to one or more other specified
locations. The definition of "telecommunications" shall not include value
added services in which computer processing applications are used to act on
the form, content, code and protocol of the information for purposes other
than transmission. "Telecommunications" shall not include purchases of
telecommunications by a telecommunications service provider for use as a
component part of the service provided by him to the ultimate retail
consumer who originates or terminates the taxable end-to-end
communications. Carrier access charges, right of access charges, charges
for use of inter-company facilities, and all telecommunications resold in
the subsequent provision of, used as a component of, or integrated into
end-to-end telecommunications service shall be non-taxable as sales for resale.
(d) "Interstate telecommunications" means all telecommunications that
either originate or terminate outside this State.
(e) "Intrastate telecommunications" means all telecommunications that
originate and terminate within this State.
(f) "Department" means the Department of Revenue of the State of Illinois.
(g) "Director" means the Director of Revenue for the Department of
Revenue of the State of Illinois.
(h) "Taxpayer" means a person who individually or through his agents,
employees or permittees engages in the act or privilege of originating or
receiving telecommunications in this State and who incurs a tax liability
under this Article.
(i) "Person" means any natural individual, firm, trust, estate, partnership,
association, joint stock company, joint venture, corporation, limited liability
company, or a receiver, trustee, guardian or other representative appointed by
order of any court, the Federal and State governments, including State
universities created by statute or any city, town, county or other political
subdivision of this State.
(j) "Purchase at retail" means the acquisition, consumption or use of
telecommunication through a sale at retail.
(k) "Sale at retail" means the transmitting, supplying or furnishing of
telecommunications and all services and equipment provided in connection
therewith for a consideration to persons other than the Federal and State
governments, and State universities created by statute and other than between
a parent corporation and its wholly owned subsidiaries or between wholly
owned subsidiaries for their use or consumption and not for resale.
(l) "Retailer" means and includes every person engaged in the business
of making sales at retail as defined in this Article. The Department may, in
its discretion, upon application, authorize the collection of the tax
hereby imposed by any retailer not maintaining a place of business within
this State, who, to the satisfaction of the Department, furnishes adequate
security to insure collection and payment of the tax. Such retailer shall
be issued, without charge, a permit to collect such tax. When so
authorized, it shall be the duty of such retailer to collect the tax upon
all of the gross charges for telecommunications in this State in the same
manner and subject to the same requirements as a retailer maintaining a
place of business within this State. The permit may be revoked by the
Department at its discretion.
(m) "Retailer maintaining a place of business in this State", or any
like term, means and includes any retailer having or maintaining within
this State, directly or by a subsidiary, an office, distribution
facilities, transmission facilities, sales office, warehouse or other place
of business, or any agent or other representative operating within this
State under the authority of the retailer or its subsidiary, irrespective
of whether such place of business or agent or other representative is
located here permanently or temporarily, or whether such retailer or
subsidiary is licensed to do business in this State.
(n) "Service address" means the location of telecommunications equipment
from which the telecommunications services are originated or at which
telecommunications services are received by a taxpayer. In the event this may
not be a defined location, as in the case of mobile phones, paging systems,
maritime systems, service address means the customer's place of primary use
as defined in the Mobile Telecommunications Sourcing Conformity Act. For
air-to-ground systems and the like, service address shall mean the location
of a taxpayer's primary use of the telecommunications equipment as defined by
telephone number, authorization code, or location in Illinois where bills are
(o) "Prepaid telephone calling arrangements" mean the right to exclusively
purchase telephone or telecommunications services that must be paid for in
advance and enable the origination of one or more intrastate, interstate, or
international telephone calls or other telecommunications using an access
number, an authorization code, or both, whether manually or electronically
dialed, for which payment to a retailer must be made in advance, provided
that, unless recharged, no further service is provided once that prepaid
amount of service has been consumed. Prepaid telephone calling arrangements
include the recharge of a prepaid calling arrangement. For purposes of this
subsection, "recharge" means the purchase of additional prepaid telephone or
telecommunications services whether or not the purchaser acquires a different
access number or authorization code. "Prepaid telephone calling arrangement"
does not include an arrangement whereby a customer purchases a payment card and
pursuant to which the service provider reflects the amount of such purchase as
a credit on an invoice issued to that customer under an existing subscription
(Source: P.A. 93-286, 1-1-04; 94-793, eff. 5-19-06.)