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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1900eng HB1900 Engrossed LRB9101596PTpkA 1 AN ACT concerning aquaculture. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Civil Administrative Code of Illinois is 5 amended by changing Section 40.35 as follows: 6 (20 ILCS 205/40.35) (from Ch. 127, par. 40.35) 7 Sec. 40.35. Aquaculture. To develop and implement a 8 program to promote aquaculture and to make grants to an 9 aquaculture cooperative in this State pursuant to the 10 Aquaculture Development Act, to promulgate the necessary 11 rules and regulations and to cooperate with and seek the 12 assistance of the Department of Natural Resources and the 13 Department of Transportation in the implementation and 14 enforcement of that Act. 15 (Source: P.A. 89-445, eff. 2-7-96.) 16 Section 10. The Aquaculture Development Act is amended 17 by adding Section 5.5 as follows: 18 (20 ILCS 215/5.5 new) 19 (Section scheduled to be repealed on June 30, 2009) 20 Sec. 5.5. Aquaculture Cooperative. 21 (a) The Department of Agriculture shall make grants to 22 an Aquaculture Cooperative. The Aquaculture Cooperative 23 shall consist of any individual or entity of the aquaculture 24 industry in this State that seeks membership pursuant to the 25 Agricultural Co-Operative Act. The grants for the 26 Cooperative shall be distributed from the Illinois 27 Aquaculture Development Fund as provided by rule. The 28 Department shall annually audit and review the State's 29 distribution of funding to the Cooperative and the Act's HB1900 Engrossed -2- LRB9101596PTpkA 1 implementation. 2 (b) The grants to an Aquaculture Cooperative and the 3 proceeds generated by the Cooperative may be used for the 4 following purposes: 5 (1) To buy aquatic organisms from members of the 6 Cooperative. 7 (2) To buy aquatic organism food in bulk quantities 8 for resale to the members of the Cooperative. 9 (3) For transportation, hauling, and delivery 10 equipment. 11 (4) For employee salaries, building leases, and 12 other administrative costs. 13 (5) To purchase equipment for use by the 14 Cooperative members. 15 (6) Any other related costs. 16 (c) The Department shall submit a report to the General 17 Assembly before January 1, 2009 with a determination of 18 whether the funding for the Aquaculture Cooperative should be 19 extended beyond June 30, 2009. If the Department recommends 20 an extension of the funding for the Cooperative, then the 21 report shall detail whether the Cooperative funding from 22 Section 9 of the Use Tax Act, Section 9 of the Service Use 23 Tax Act, Section 9 of the Service Occupation Tax Act, and 24 Section 3 of the Retailers' Occupation Tax Act should be 25 increased, decreased, or eliminated. The report shall be 26 submitted according to Section 5-140 of the Illinois 27 Administrative Procedure Act. 28 (d) This Section is repealed on June 30, 2009. 29 Section 15. The State Finance Act is amended by adding 30 Sections 5.490 and 6z-47 as follows: 31 (30 ILCS 105/5.490 new) 32 Sec. 5.490. The Illinois Aquaculture Development Fund. HB1900 Engrossed -3- LRB9101596PTpkA 1 (30 ILCS 105/6z-47 new) 2 Sec. 6z-47. Illinois Aquaculture Development Fund. The 3 Illinois Aquaculture Development Fund is created as a special 4 fund in the State Treasury. The tax revenues that are 5 required to be deposited into the Fund under Section 9 of the 6 Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 7 of the Service Occupation Tax Act, and Section 3 of the 8 Retailers' Occupation Tax Act shall be paid monthly into the 9 Fund beginning July 1, 1999 and ending June 30, 2009 unless 10 otherwise extended by law. The monies in the Fund shall be 11 appropriated to the Department of Agriculture for the 12 purposes of the Aquaculture Cooperative established under the 13 Aquaculture Development Act and incorporated under the 14 Agricultural Co-Operative Act. 15 Section 20. The Use Tax Act is amended by changing 16 Section 9 as follows: 17 (35 ILCS 105/9) (from Ch. 120, par. 439.9) 18 Sec. 9. Except as to motor vehicles, watercraft, 19 aircraft, and trailers that are required to be registered 20 with an agency of this State, each retailer required or 21 authorized to collect the tax imposed by this Act shall pay 22 to the Department the amount of such tax (except as otherwise 23 provided) at the time when he is required to file his return 24 for the period during which such tax was collected, less a 25 discount of 2.1% prior to January 1, 1990, and 1.75% on and 26 after January 1, 1990, or $5 per calendar year, whichever is 27 greater, which is allowed to reimburse the retailer for 28 expenses incurred in collecting the tax, keeping records, 29 preparing and filing returns, remitting the tax and supplying 30 data to the Department on request. In the case of retailers 31 who report and pay the tax on a transaction by transaction 32 basis, as provided in this Section, such discount shall be HB1900 Engrossed -4- LRB9101596PTpkA 1 taken with each such tax remittance instead of when such 2 retailer files his periodic return. A retailer need not 3 remit that part of any tax collected by him to the extent 4 that he is required to remit and does remit the tax imposed 5 by the Retailers' Occupation Tax Act, with respect to the 6 sale of the same property. 7 Where such tangible personal property is sold under a 8 conditional sales contract, or under any other form of sale 9 wherein the payment of the principal sum, or a part thereof, 10 is extended beyond the close of the period for which the 11 return is filed, the retailer, in collecting the tax (except 12 as to motor vehicles, watercraft, aircraft, and trailers that 13 are required to be registered with an agency of this State), 14 may collect for each tax return period, only the tax 15 applicable to that part of the selling price actually 16 received during such tax return period. 17 Except as provided in this Section, on or before the 18 twentieth day of each calendar month, such retailer shall 19 file a return for the preceding calendar month. Such return 20 shall be filed on forms prescribed by the Department and 21 shall furnish such information as the Department may 22 reasonably require. 23 The Department may require returns to be filed on a 24 quarterly basis. If so required, a return for each calendar 25 quarter shall be filed on or before the twentieth day of the 26 calendar month following the end of such calendar quarter. 27 The taxpayer shall also file a return with the Department for 28 each of the first two months of each calendar quarter, on or 29 before the twentieth day of the following calendar month, 30 stating: 31 1. The name of the seller; 32 2. The address of the principal place of business 33 from which he engages in the business of selling tangible 34 personal property at retail in this State; HB1900 Engrossed -5- LRB9101596PTpkA 1 3. The total amount of taxable receipts received by 2 him during the preceding calendar month from sales of 3 tangible personal property by him during such preceding 4 calendar month, including receipts from charge and time 5 sales, but less all deductions allowed by law; 6 4. The amount of credit provided in Section 2d of 7 this Act; 8 5. The amount of tax due; 9 5-5. The signature of the taxpayer; and 10 6. Such other reasonable information as the 11 Department may require. 12 If a taxpayer fails to sign a return within 30 days after 13 the proper notice and demand for signature by the Department, 14 the return shall be considered valid and any amount shown to 15 be due on the return shall be deemed assessed. 16 Beginning October 1, 1993, a taxpayer who has an average 17 monthly tax liability of $150,000 or more shall make all 18 payments required by rules of the Department by electronic 19 funds transfer. Beginning October 1, 1994, a taxpayer who has 20 an average monthly tax liability of $100,000 or more shall 21 make all payments required by rules of the Department by 22 electronic funds transfer. Beginning October 1, 1995, a 23 taxpayer who has an average monthly tax liability of $50,000 24 or more shall make all payments required by rules of the 25 Department by electronic funds transfer. The term "average 26 monthly tax liability" means the sum of the taxpayer's 27 liabilities under this Act, and under all other State and 28 local occupation and use tax laws administered by the 29 Department, for the immediately preceding calendar year 30 divided by 12. 31 Before August 1 of each year beginning in 1993, the 32 Department shall notify all taxpayers required to make 33 payments by electronic funds transfer. All taxpayers required 34 to make payments by electronic funds transfer shall make HB1900 Engrossed -6- LRB9101596PTpkA 1 those payments for a minimum of one year beginning on October 2 1. 3 Any taxpayer not required to make payments by electronic 4 funds transfer may make payments by electronic funds transfer 5 with the permission of the Department. 6 All taxpayers required to make payment by electronic 7 funds transfer and any taxpayers authorized to voluntarily 8 make payments by electronic funds transfer shall make those 9 payments in the manner authorized by the Department. 10 The Department shall adopt such rules as are necessary to 11 effectuate a program of electronic funds transfer and the 12 requirements of this Section. 13 If the taxpayer's average monthly tax liability to the 14 Department under this Act, the Retailers' Occupation Tax Act, 15 the Service Occupation Tax Act, the Service Use Tax Act was 16 $10,000 or more during the preceding 4 complete calendar 17 quarters, he shall file a return with the Department each 18 month by the 20th day of the month next following the month 19 during which such tax liability is incurred and shall make 20 payments to the Department on or before the 7th, 15th, 22nd 21 and last day of the month during which such liability is 22 incurred. If the month during which such tax liability is 23 incurred began prior to January 1, 1985, each payment shall 24 be in an amount equal to 1/4 of the taxpayer's actual 25 liability for the month or an amount set by the Department 26 not to exceed 1/4 of the average monthly liability of the 27 taxpayer to the Department for the preceding 4 complete 28 calendar quarters (excluding the month of highest liability 29 and the month of lowest liability in such 4 quarter period). 30 If the month during which such tax liability is incurred 31 begins on or after January 1, 1985, and prior to January 1, 32 1987, each payment shall be in an amount equal to 22.5% of 33 the taxpayer's actual liability for the month or 27.5% of the 34 taxpayer's liability for the same calendar month of the HB1900 Engrossed -7- LRB9101596PTpkA 1 preceding year. If the month during which such tax liability 2 is incurred begins on or after January 1, 1987, and prior to 3 January 1, 1988, each payment shall be in an amount equal to 4 22.5% of the taxpayer's actual liability for the month or 5 26.25% of the taxpayer's liability for the same calendar 6 month of the preceding year. If the month during which such 7 tax liability is incurred begins on or after January 1, 1988, 8 and prior to January 1, 1989, or begins on or after January 9 1, 1996, each payment shall be in an amount equal to 22.5% of 10 the taxpayer's actual liability for the month or 25% of the 11 taxpayer's liability for the same calendar month of the 12 preceding year. If the month during which such tax liability 13 is incurred begins on or after January 1, 1989, and prior to 14 January 1, 1996, each payment shall be in an amount equal to 15 22.5% of the taxpayer's actual liability for the month or 25% 16 of the taxpayer's liability for the same calendar month of 17 the preceding year or 100% of the taxpayer's actual liability 18 for the quarter monthly reporting period. The amount of such 19 quarter monthly payments shall be credited against the final 20 tax liability of the taxpayer's return for that month. Once 21 applicable, the requirement of the making of quarter monthly 22 payments to the Department shall continue until such 23 taxpayer's average monthly liability to the Department during 24 the preceding 4 complete calendar quarters (excluding the 25 month of highest liability and the month of lowest liability) 26 is less than $9,000, or until such taxpayer's average monthly 27 liability to the Department as computed for each calendar 28 quarter of the 4 preceding complete calendar quarter period 29 is less than $10,000. However, if a taxpayer can show the 30 Department that a substantial change in the taxpayer's 31 business has occurred which causes the taxpayer to anticipate 32 that his average monthly tax liability for the reasonably 33 foreseeable future will fall below $10,000, then such 34 taxpayer may petition the Department for change in such HB1900 Engrossed -8- LRB9101596PTpkA 1 taxpayer's reporting status. The Department shall change 2 such taxpayer's reporting status unless it finds that such 3 change is seasonal in nature and not likely to be long term. 4 If any such quarter monthly payment is not paid at the time 5 or in the amount required by this Section, then the taxpayer 6 shall be liable for penalties and interest on the difference 7 between the minimum amount due and the amount of such quarter 8 monthly payment actually and timely paid, except insofar as 9 the taxpayer has previously made payments for that month to 10 the Department in excess of the minimum payments previously 11 due as provided in this Section. The Department shall make 12 reasonable rules and regulations to govern the quarter 13 monthly payment amount and quarter monthly payment dates for 14 taxpayers who file on other than a calendar monthly basis. 15 If any such payment provided for in this Section exceeds 16 the taxpayer's liabilities under this Act, the Retailers' 17 Occupation Tax Act, the Service Occupation Tax Act and the 18 Service Use Tax Act, as shown by an original monthly return, 19 the Department shall issue to the taxpayer a credit 20 memorandum no later than 30 days after the date of payment, 21 which memorandum may be submitted by the taxpayer to the 22 Department in payment of tax liability subsequently to be 23 remitted by the taxpayer to the Department or be assigned by 24 the taxpayer to a similar taxpayer under this Act, the 25 Retailers' Occupation Tax Act, the Service Occupation Tax Act 26 or the Service Use Tax Act, in accordance with reasonable 27 rules and regulations to be prescribed by the Department, 28 except that if such excess payment is shown on an original 29 monthly return and is made after December 31, 1986, no credit 30 memorandum shall be issued, unless requested by the taxpayer. 31 If no such request is made, the taxpayer may credit such 32 excess payment against tax liability subsequently to be 33 remitted by the taxpayer to the Department under this Act, 34 the Retailers' Occupation Tax Act, the Service Occupation Tax HB1900 Engrossed -9- LRB9101596PTpkA 1 Act or the Service Use Tax Act, in accordance with reasonable 2 rules and regulations prescribed by the Department. If the 3 Department subsequently determines that all or any part of 4 the credit taken was not actually due to the taxpayer, the 5 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced 6 by 2.1% or 1.75% of the difference between the credit taken 7 and that actually due, and the taxpayer shall be liable for 8 penalties and interest on such difference. 9 If the retailer is otherwise required to file a monthly 10 return and if the retailer's average monthly tax liability to 11 the Department does not exceed $200, the Department may 12 authorize his returns to be filed on a quarter annual basis, 13 with the return for January, February, and March of a given 14 year being due by April 20 of such year; with the return for 15 April, May and June of a given year being due by July 20 of 16 such year; with the return for July, August and September of 17 a given year being due by October 20 of such year, and with 18 the return for October, November and December of a given year 19 being due by January 20 of the following year. 20 If the retailer is otherwise required to file a monthly 21 or quarterly return and if the retailer's average monthly tax 22 liability to the Department does not exceed $50, the 23 Department may authorize his returns to be filed on an annual 24 basis, with the return for a given year being due by January 25 20 of the following year. 26 Such quarter annual and annual returns, as to form and 27 substance, shall be subject to the same requirements as 28 monthly returns. 29 Notwithstanding any other provision in this Act 30 concerning the time within which a retailer may file his 31 return, in the case of any retailer who ceases to engage in a 32 kind of business which makes him responsible for filing 33 returns under this Act, such retailer shall file a final 34 return under this Act with the Department not more than one HB1900 Engrossed -10- LRB9101596PTpkA 1 month after discontinuing such business. 2 In addition, with respect to motor vehicles, watercraft, 3 aircraft, and trailers that are required to be registered 4 with an agency of this State, every retailer selling this 5 kind of tangible personal property shall file, with the 6 Department, upon a form to be prescribed and supplied by the 7 Department, a separate return for each such item of tangible 8 personal property which the retailer sells, except that 9 where, in the same transaction, a retailer of aircraft, 10 watercraft, motor vehicles or trailers transfers more than 11 one aircraft, watercraft, motor vehicle or trailer to another 12 aircraft, watercraft, motor vehicle or trailer retailer for 13 the purpose of resale, that seller for resale may report the 14 transfer of all the aircraft, watercraft, motor vehicles or 15 trailers involved in that transaction to the Department on 16 the same uniform invoice-transaction reporting return form. 17 For purposes of this Section, "watercraft" means a Class 2, 18 Class 3, or Class 4 watercraft as defined in Section 3-2 of 19 the Boat Registration and Safety Act, a personal watercraft, 20 or any boat equipped with an inboard motor. 21 The transaction reporting return in the case of motor 22 vehicles or trailers that are required to be registered with 23 an agency of this State, shall be the same document as the 24 Uniform Invoice referred to in Section 5-402 of the Illinois 25 Vehicle Code and must show the name and address of the 26 seller; the name and address of the purchaser; the amount of 27 the selling price including the amount allowed by the 28 retailer for traded-in property, if any; the amount allowed 29 by the retailer for the traded-in tangible personal property, 30 if any, to the extent to which Section 2 of this Act allows 31 an exemption for the value of traded-in property; the balance 32 payable after deducting such trade-in allowance from the 33 total selling price; the amount of tax due from the retailer 34 with respect to such transaction; the amount of tax collected HB1900 Engrossed -11- LRB9101596PTpkA 1 from the purchaser by the retailer on such transaction (or 2 satisfactory evidence that such tax is not due in that 3 particular instance, if that is claimed to be the fact); the 4 place and date of the sale; a sufficient identification of 5 the property sold; such other information as is required in 6 Section 5-402 of the Illinois Vehicle Code, and such other 7 information as the Department may reasonably require. 8 The transaction reporting return in the case of 9 watercraft and aircraft must show the name and address of the 10 seller; the name and address of the purchaser; the amount of 11 the selling price including the amount allowed by the 12 retailer for traded-in property, if any; the amount allowed 13 by the retailer for the traded-in tangible personal property, 14 if any, to the extent to which Section 2 of this Act allows 15 an exemption for the value of traded-in property; the balance 16 payable after deducting such trade-in allowance from the 17 total selling price; the amount of tax due from the retailer 18 with respect to such transaction; the amount of tax collected 19 from the purchaser by the retailer on such transaction (or 20 satisfactory evidence that such tax is not due in that 21 particular instance, if that is claimed to be the fact); the 22 place and date of the sale, a sufficient identification of 23 the property sold, and such other information as the 24 Department may reasonably require. 25 Such transaction reporting return shall be filed not 26 later than 20 days after the date of delivery of the item 27 that is being sold, but may be filed by the retailer at any 28 time sooner than that if he chooses to do so. The 29 transaction reporting return and tax remittance or proof of 30 exemption from the tax that is imposed by this Act may be 31 transmitted to the Department by way of the State agency with 32 which, or State officer with whom, the tangible personal 33 property must be titled or registered (if titling or 34 registration is required) if the Department and such agency HB1900 Engrossed -12- LRB9101596PTpkA 1 or State officer determine that this procedure will expedite 2 the processing of applications for title or registration. 3 With each such transaction reporting return, the retailer 4 shall remit the proper amount of tax due (or shall submit 5 satisfactory evidence that the sale is not taxable if that is 6 the case), to the Department or its agents, whereupon the 7 Department shall issue, in the purchaser's name, a tax 8 receipt (or a certificate of exemption if the Department is 9 satisfied that the particular sale is tax exempt) which such 10 purchaser may submit to the agency with which, or State 11 officer with whom, he must title or register the tangible 12 personal property that is involved (if titling or 13 registration is required) in support of such purchaser's 14 application for an Illinois certificate or other evidence of 15 title or registration to such tangible personal property. 16 No retailer's failure or refusal to remit tax under this 17 Act precludes a user, who has paid the proper tax to the 18 retailer, from obtaining his certificate of title or other 19 evidence of title or registration (if titling or registration 20 is required) upon satisfying the Department that such user 21 has paid the proper tax (if tax is due) to the retailer. The 22 Department shall adopt appropriate rules to carry out the 23 mandate of this paragraph. 24 If the user who would otherwise pay tax to the retailer 25 wants the transaction reporting return filed and the payment 26 of tax or proof of exemption made to the Department before 27 the retailer is willing to take these actions and such user 28 has not paid the tax to the retailer, such user may certify 29 to the fact of such delay by the retailer, and may (upon the 30 Department being satisfied of the truth of such 31 certification) transmit the information required by the 32 transaction reporting return and the remittance for tax or 33 proof of exemption directly to the Department and obtain his 34 tax receipt or exemption determination, in which event the HB1900 Engrossed -13- LRB9101596PTpkA 1 transaction reporting return and tax remittance (if a tax 2 payment was required) shall be credited by the Department to 3 the proper retailer's account with the Department, but 4 without the 2.1% or 1.75% discount provided for in this 5 Section being allowed. When the user pays the tax directly 6 to the Department, he shall pay the tax in the same amount 7 and in the same form in which it would be remitted if the tax 8 had been remitted to the Department by the retailer. 9 Where a retailer collects the tax with respect to the 10 selling price of tangible personal property which he sells 11 and the purchaser thereafter returns such tangible personal 12 property and the retailer refunds the selling price thereof 13 to the purchaser, such retailer shall also refund, to the 14 purchaser, the tax so collected from the purchaser. When 15 filing his return for the period in which he refunds such tax 16 to the purchaser, the retailer may deduct the amount of the 17 tax so refunded by him to the purchaser from any other use 18 tax which such retailer may be required to pay or remit to 19 the Department, as shown by such return, if the amount of the 20 tax to be deducted was previously remitted to the Department 21 by such retailer. If the retailer has not previously 22 remitted the amount of such tax to the Department, he is 23 entitled to no deduction under this Act upon refunding such 24 tax to the purchaser. 25 Any retailer filing a return under this Section shall 26 also include (for the purpose of paying tax thereon) the 27 total tax covered by such return upon the selling price of 28 tangible personal property purchased by him at retail from a 29 retailer, but as to which the tax imposed by this Act was not 30 collected from the retailer filing such return, and such 31 retailer shall remit the amount of such tax to the Department 32 when filing such return. 33 If experience indicates such action to be practicable, 34 the Department may prescribe and furnish a combination or HB1900 Engrossed -14- LRB9101596PTpkA 1 joint return which will enable retailers, who are required to 2 file returns hereunder and also under the Retailers' 3 Occupation Tax Act, to furnish all the return information 4 required by both Acts on the one form. 5 Where the retailer has more than one business registered 6 with the Department under separate registration under this 7 Act, such retailer may not file each return that is due as a 8 single return covering all such registered businesses, but 9 shall file separate returns for each such registered 10 business. 11 Beginning January 1, 1990, each month the Department 12 shall pay into the State and Local Sales Tax Reform Fund, a 13 special fund in the State Treasury which is hereby created, 14 the net revenue realized for the preceding month from the 1% 15 tax on sales of food for human consumption which is to be 16 consumed off the premises where it is sold (other than 17 alcoholic beverages, soft drinks and food which has been 18 prepared for immediate consumption) and prescription and 19 nonprescription medicines, drugs, medical appliances and 20 insulin, urine testing materials, syringes and needles used 21 by diabetics. 22 Beginning January 1, 1990, each month the Department 23 shall pay into the County and Mass Transit District Fund 4% 24 of the net revenue realized for the preceding month from the 25 6.25% general rate on the selling price of tangible personal 26 property which is purchased outside Illinois at retail from a 27 retailer and which is titled or registered by an agency of 28 this State's government. 29 Beginning January 1, 1990, each month the Department 30 shall pay into the State and Local Sales Tax Reform Fund, a 31 special fund in the State Treasury, 20% of the net revenue 32 realized for the preceding month from the 6.25% general rate 33 on the selling price of tangible personal property, other 34 than tangible personal property which is purchased outside HB1900 Engrossed -15- LRB9101596PTpkA 1 Illinois at retail from a retailer and which is titled or 2 registered by an agency of this State's government. 3 Beginning January 1, 1990, each month the Department 4 shall pay into the Local Government Tax Fund 16% of the net 5 revenue realized for the preceding month from the 6.25% 6 general rate on the selling price of tangible personal 7 property which is purchased outside Illinois at retail from a 8 retailer and which is titled or registered by an agency of 9 this State's government. 10 Of the remainder of the moneys received by the Department 11 pursuant to this Act, (a) 1.75% thereof shall be paid into 12 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 13 and on and after July 1, 1989, 3.8% thereof shall be paid 14 into the Build Illinois Fund; provided, however, that if in 15 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 16 as the case may be, of the moneys received by the Department 17 and required to be paid into the Build Illinois Fund pursuant 18 to Section 3 of the Retailers' Occupation Tax Act, Section 9 19 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 20 Section 9 of the Service Occupation Tax Act, such Acts being 21 hereinafter called the "Tax Acts" and such aggregate of 2.2% 22 or 3.8%, as the case may be, of moneys being hereinafter 23 called the "Tax Act Amount", and (2) the amount transferred 24 to the Build Illinois Fund from the State and Local Sales Tax 25 Reform Fund shall be less than the Annual Specified Amount 26 (as defined in Section 3 of the Retailers' Occupation Tax 27 Act), an amount equal to the difference shall be immediately 28 paid into the Build Illinois Fund from other moneys received 29 by the Department pursuant to the Tax Acts; and further 30 provided, that if on the last business day of any month the 31 sum of (1) the Tax Act Amount required to be deposited into 32 the Build Illinois Bond Account in the Build Illinois Fund 33 during such month and (2) the amount transferred during such 34 month to the Build Illinois Fund from the State and Local HB1900 Engrossed -16- LRB9101596PTpkA 1 Sales Tax Reform Fund shall have been less than 1/12 of the 2 Annual Specified Amount, an amount equal to the difference 3 shall be immediately paid into the Build Illinois Fund from 4 other moneys received by the Department pursuant to the Tax 5 Acts; and, further provided, that in no event shall the 6 payments required under the preceding proviso result in 7 aggregate payments into the Build Illinois Fund pursuant to 8 this clause (b) for any fiscal year in excess of the greater 9 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 10 for such fiscal year; and, further provided, that the amounts 11 payable into the Build Illinois Fund under this clause (b) 12 shall be payable only until such time as the aggregate amount 13 on deposit under each trust indenture securing Bonds issued 14 and outstanding pursuant to the Build Illinois Bond Act is 15 sufficient, taking into account any future investment income, 16 to fully provide, in accordance with such indenture, for the 17 defeasance of or the payment of the principal of, premium, if 18 any, and interest on the Bonds secured by such indenture and 19 on any Bonds expected to be issued thereafter and all fees 20 and costs payable with respect thereto, all as certified by 21 the Director of the Bureau of the Budget. If on the last 22 business day of any month in which Bonds are outstanding 23 pursuant to the Build Illinois Bond Act, the aggregate of the 24 moneys deposited in the Build Illinois Bond Account in the 25 Build Illinois Fund in such month shall be less than the 26 amount required to be transferred in such month from the 27 Build Illinois Bond Account to the Build Illinois Bond 28 Retirement and Interest Fund pursuant to Section 13 of the 29 Build Illinois Bond Act, an amount equal to such deficiency 30 shall be immediately paid from other moneys received by the 31 Department pursuant to the Tax Acts to the Build Illinois 32 Fund; provided, however, that any amounts paid to the Build 33 Illinois Fund in any fiscal year pursuant to this sentence 34 shall be deemed to constitute payments pursuant to clause (b) HB1900 Engrossed -17- LRB9101596PTpkA 1 of the preceding sentence and shall reduce the amount 2 otherwise payable for such fiscal year pursuant to clause (b) 3 of the preceding sentence. The moneys received by the 4 Department pursuant to this Act and required to be deposited 5 into the Build Illinois Fund are subject to the pledge, claim 6 and charge set forth in Section 12 of the Build Illinois Bond 7 Act. 8 Subject to payment of amounts into the Build Illinois 9 Fund as provided in the preceding paragraph or in any 10 amendment thereto hereafter enacted, the following specified 11 monthly installment of the amount requested in the 12 certificate of the Chairman of the Metropolitan Pier and 13 Exposition Authority provided under Section 8.25f of the 14 State Finance Act, but not in excess of the sums designated 15 as "Total Deposit", shall be deposited in the aggregate from 16 collections under Section 9 of the Use Tax Act, Section 9 of 17 the Service Use Tax Act, Section 9 of the Service Occupation 18 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 19 into the McCormick Place Expansion Project Fund in the 20 specified fiscal years. 21 Fiscal Year Total Deposit 22 1993 $0 23 1994 53,000,000 24 1995 58,000,000 25 1996 61,000,000 26 1997 64,000,000 27 1998 68,000,000 28 1999 71,000,000 29 2000 75,000,000 30 2001 80,000,000 31 2002 84,000,000 32 2003 89,000,000 33 2004 93,000,000 34 2005 97,000,000 HB1900 Engrossed -18- LRB9101596PTpkA 1 2006 102,000,000 2 2007 and 106,000,000 3 each fiscal year 4 thereafter that bonds 5 are outstanding under 6 Section 13.2 of the 7 Metropolitan Pier and 8 Exposition Authority 9 Act, but not after fiscal year 2029. 10 Beginning July 20, 1993 and in each month of each fiscal 11 year thereafter, one-eighth of the amount requested in the 12 certificate of the Chairman of the Metropolitan Pier and 13 Exposition Authority for that fiscal year, less the amount 14 deposited into the McCormick Place Expansion Project Fund by 15 the State Treasurer in the respective month under subsection 16 (g) of Section 13 of the Metropolitan Pier and Exposition 17 Authority Act, plus cumulative deficiencies in the deposits 18 required under this Section for previous months and years, 19 shall be deposited into the McCormick Place Expansion Project 20 Fund, until the full amount requested for the fiscal year, 21 but not in excess of the amount specified above as "Total 22 Deposit", has been deposited. 23 Subject to payment of amounts into the Build Illinois 24 Fund and the McCormick Place Expansion Project Fund pursuant 25 to the preceding paragraphs or in any amendment thereto 26 hereafter enacted, each month the Department shall pay into 27 the Local Government Distributive Fund .4% of the net revenue 28 realized for the preceding month from the 5% general rate, or 29 .4% of 80% of the net revenue realized for the preceding 30 month from the 6.25% general rate, as the case may be, on the 31 selling price of tangible personal property which amount 32 shall, subject to appropriation, be distributed as provided 33 in Section 2 of the State Revenue Sharing Act. No payments or 34 distributions pursuant to this paragraph shall be made if the HB1900 Engrossed -19- LRB9101596PTpkA 1 tax imposed by this Act on photoprocessing products is 2 declared unconstitutional, or if the proceeds from such tax 3 are unavailable for distribution because of litigation. 4 Subject to payment of amounts into the Build Illinois 5 Fund, the McCormick Place Expansion Project Fund, and the 6 Local Government Distributive Fund pursuant to the preceding 7 paragraphs or in any amendments thereto hereafter enacted, 8 beginning July 1, 1993, the Department shall each month pay 9 into the Illinois Tax Increment Fund 0.27% of 80% of the net 10 revenue realized for the preceding month from the 6.25% 11 general rate on the selling price of tangible personal 12 property. 13 Subject to payment of amounts into the Build Illinois 14 Fund, McCormick Place Expansion Project Fund, Local 15 Government Distributive Fund, and Illinois Tax Increment Fund 16 under the preceding paragraphs or any amendment to those 17 paragraphs enacted after the effective date of this 18 amendatory Act of the 91st General Assembly, beginning July 19 1, 1999 and ending June 30, 2009 unless otherwise extended by 20 law, the Department shall each month pay into the Illinois 21 Aquaculture Development Fund $83,335 in the aggregate from 22 collections under this Section, Section 9 of the Service Use 23 Tax Act, Section 9 of the Service Occupation Tax Act, and 24 Section 3 of the Retailers' Occupation Tax Act of the 60% of 25 the net revenue realized for the preceding month from the 26 6.25% general rate on the selling price of tangible personal 27 property. 28 Of the remainder of the moneys received by the Department 29 pursuant to this Act, 75% thereof shall be paid into the 30 State Treasury and 25% shall be reserved in a special account 31 and used only for the transfer to the Common School Fund as 32 part of the monthly transfer from the General Revenue Fund in 33 accordance with Section 8a of the State Finance Act. 34 As soon as possible after the first day of each month, HB1900 Engrossed -20- LRB9101596PTpkA 1 upon certification of the Department of Revenue, the 2 Comptroller shall order transferred and the Treasurer shall 3 transfer from the General Revenue Fund to the Motor Fuel Tax 4 Fund an amount equal to 1.7% of 80% of the net revenue 5 realized under this Act for the second preceding month; 6 except that this transfer shall not be made for the months 7 February through June of 1992. 8 Net revenue realized for a month shall be the revenue 9 collected by the State pursuant to this Act, less the amount 10 paid out during that month as refunds to taxpayers for 11 overpayment of liability. 12 For greater simplicity of administration, manufacturers, 13 importers and wholesalers whose products are sold at retail 14 in Illinois by numerous retailers, and who wish to do so, may 15 assume the responsibility for accounting and paying to the 16 Department all tax accruing under this Act with respect to 17 such sales, if the retailers who are affected do not make 18 written objection to the Department to this arrangement. 19 (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 20 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.) 21 Section 25. The Service Use Tax Act is amended by 22 changing Section 9 as follows: 23 (35 ILCS 110/9) (from Ch. 120, par. 439.39) 24 Sec. 9. Each serviceman required or authorized to 25 collect the tax herein imposed shall pay to the Department 26 the amount of such tax (except as otherwise provided) at the 27 time when he is required to file his return for the period 28 during which such tax was collected, less a discount of 2.1% 29 prior to January 1, 1990 and 1.75% on and after January 1, 30 1990, or $5 per calendar year, whichever is greater, which is 31 allowed to reimburse the serviceman for expenses incurred in 32 collecting the tax, keeping records, preparing and filing HB1900 Engrossed -21- LRB9101596PTpkA 1 returns, remitting the tax and supplying data to the 2 Department on request. A serviceman need not remit that part 3 of any tax collected by him to the extent that he is required 4 to pay and does pay the tax imposed by the Service Occupation 5 Tax Act with respect to his sale of service involving the 6 incidental transfer by him of the same property. 7 Except as provided hereinafter in this Section, on or 8 before the twentieth day of each calendar month, such 9 serviceman shall file a return for the preceding calendar 10 month in accordance with reasonable Rules and Regulations to 11 be promulgated by the Department. Such return shall be filed 12 on a form prescribed by the Department and shall contain such 13 information as the Department may reasonably require. 14 The Department may require returns to be filed on a 15 quarterly basis. If so required, a return for each calendar 16 quarter shall be filed on or before the twentieth day of the 17 calendar month following the end of such calendar quarter. 18 The taxpayer shall also file a return with the Department for 19 each of the first two months of each calendar quarter, on or 20 before the twentieth day of the following calendar month, 21 stating: 22 1. The name of the seller; 23 2. The address of the principal place of business 24 from which he engages in business as a serviceman in this 25 State; 26 3. The total amount of taxable receipts received by 27 him during the preceding calendar month, including 28 receipts from charge and time sales, but less all 29 deductions allowed by law; 30 4. The amount of credit provided in Section 2d of 31 this Act; 32 5. The amount of tax due; 33 5-5. The signature of the taxpayer; and 34 6. Such other reasonable information as the HB1900 Engrossed -22- LRB9101596PTpkA 1 Department may require. 2 If a taxpayer fails to sign a return within 30 days after 3 the proper notice and demand for signature by the Department, 4 the return shall be considered valid and any amount shown to 5 be due on the return shall be deemed assessed. 6 Beginning October 1, 1993, a taxpayer who has an average 7 monthly tax liability of $150,000 or more shall make all 8 payments required by rules of the Department by electronic 9 funds transfer. Beginning October 1, 1994, a taxpayer who 10 has an average monthly tax liability of $100,000 or more 11 shall make all payments required by rules of the Department 12 by electronic funds transfer. Beginning October 1, 1995, a 13 taxpayer who has an average monthly tax liability of $50,000 14 or more shall make all payments required by rules of the 15 Department by electronic funds transfer. The term "average 16 monthly tax liability" means the sum of the taxpayer's 17 liabilities under this Act, and under all other State and 18 local occupation and use tax laws administered by the 19 Department, for the immediately preceding calendar year 20 divided by 12. 21 Before August 1 of each year beginning in 1993, the 22 Department shall notify all taxpayers required to make 23 payments by electronic funds transfer. All taxpayers required 24 to make payments by electronic funds transfer shall make 25 those payments for a minimum of one year beginning on October 26 1. 27 Any taxpayer not required to make payments by electronic 28 funds transfer may make payments by electronic funds transfer 29 with the permission of the Department. 30 All taxpayers required to make payment by electronic 31 funds transfer and any taxpayers authorized to voluntarily 32 make payments by electronic funds transfer shall make those 33 payments in the manner authorized by the Department. 34 The Department shall adopt such rules as are necessary to HB1900 Engrossed -23- LRB9101596PTpkA 1 effectuate a program of electronic funds transfer and the 2 requirements of this Section. 3 If the serviceman is otherwise required to file a monthly 4 return and if the serviceman's average monthly tax liability 5 to the Department does not exceed $200, the Department may 6 authorize his returns to be filed on a quarter annual basis, 7 with the return for January, February and March of a given 8 year being due by April 20 of such year; with the return for 9 April, May and June of a given year being due by July 20 of 10 such year; with the return for July, August and September of 11 a given year being due by October 20 of such year, and with 12 the return for October, November and December of a given year 13 being due by January 20 of the following year. 14 If the serviceman is otherwise required to file a monthly 15 or quarterly return and if the serviceman's average monthly 16 tax liability to the Department does not exceed $50, the 17 Department may authorize his returns to be filed on an annual 18 basis, with the return for a given year being due by January 19 20 of the following year. 20 Such quarter annual and annual returns, as to form and 21 substance, shall be subject to the same requirements as 22 monthly returns. 23 Notwithstanding any other provision in this Act 24 concerning the time within which a serviceman may file his 25 return, in the case of any serviceman who ceases to engage in 26 a kind of business which makes him responsible for filing 27 returns under this Act, such serviceman shall file a final 28 return under this Act with the Department not more than 1 29 month after discontinuing such business. 30 Where a serviceman collects the tax with respect to the 31 selling price of property which he sells and the purchaser 32 thereafter returns such property and the serviceman refunds 33 the selling price thereof to the purchaser, such serviceman 34 shall also refund, to the purchaser, the tax so collected HB1900 Engrossed -24- LRB9101596PTpkA 1 from the purchaser. When filing his return for the period in 2 which he refunds such tax to the purchaser, the serviceman 3 may deduct the amount of the tax so refunded by him to the 4 purchaser from any other Service Use Tax, Service Occupation 5 Tax, retailers' occupation tax or use tax which such 6 serviceman may be required to pay or remit to the Department, 7 as shown by such return, provided that the amount of the tax 8 to be deducted shall previously have been remitted to the 9 Department by such serviceman. If the serviceman shall not 10 previously have remitted the amount of such tax to the 11 Department, he shall be entitled to no deduction hereunder 12 upon refunding such tax to the purchaser. 13 Any serviceman filing a return hereunder shall also 14 include the total tax upon the selling price of tangible 15 personal property purchased for use by him as an incident to 16 a sale of service, and such serviceman shall remit the amount 17 of such tax to the Department when filing such return. 18 If experience indicates such action to be practicable, 19 the Department may prescribe and furnish a combination or 20 joint return which will enable servicemen, who are required 21 to file returns hereunder and also under the Service 22 Occupation Tax Act, to furnish all the return information 23 required by both Acts on the one form. 24 Where the serviceman has more than one business 25 registered with the Department under separate registration 26 hereunder, such serviceman shall not file each return that is 27 due as a single return covering all such registered 28 businesses, but shall file separate returns for each such 29 registered business. 30 Beginning January 1, 1990, each month the Department 31 shall pay into the State and Local Tax Reform Fund, a special 32 fund in the State Treasury, the net revenue realized for the 33 preceding month from the 1% tax on sales of food for human 34 consumption which is to be consumed off the premises where it HB1900 Engrossed -25- LRB9101596PTpkA 1 is sold (other than alcoholic beverages, soft drinks and food 2 which has been prepared for immediate consumption) and 3 prescription and nonprescription medicines, drugs, medical 4 appliances and insulin, urine testing materials, syringes and 5 needles used by diabetics. 6 Beginning January 1, 1990, each month the Department 7 shall pay into the State and Local Sales Tax Reform Fund 20% 8 of the net revenue realized for the preceding month from the 9 6.25% general rate on transfers of tangible personal 10 property, other than tangible personal property which is 11 purchased outside Illinois at retail from a retailer and 12 which is titled or registered by an agency of this State's 13 government. 14 Of the remainder of the moneys received by the Department 15 pursuant to this Act, (a) 1.75% thereof shall be paid into 16 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 17 and on and after July 1, 1989, 3.8% thereof shall be paid 18 into the Build Illinois Fund; provided, however, that if in 19 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 20 as the case may be, of the moneys received by the Department 21 and required to be paid into the Build Illinois Fund pursuant 22 to Section 3 of the Retailers' Occupation Tax Act, Section 9 23 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 24 Section 9 of the Service Occupation Tax Act, such Acts being 25 hereinafter called the "Tax Acts" and such aggregate of 2.2% 26 or 3.8%, as the case may be, of moneys being hereinafter 27 called the "Tax Act Amount", and (2) the amount transferred 28 to the Build Illinois Fund from the State and Local Sales Tax 29 Reform Fund shall be less than the Annual Specified Amount 30 (as defined in Section 3 of the Retailers' Occupation Tax 31 Act), an amount equal to the difference shall be immediately 32 paid into the Build Illinois Fund from other moneys received 33 by the Department pursuant to the Tax Acts; and further 34 provided, that if on the last business day of any month the HB1900 Engrossed -26- LRB9101596PTpkA 1 sum of (1) the Tax Act Amount required to be deposited into 2 the Build Illinois Bond Account in the Build Illinois Fund 3 during such month and (2) the amount transferred during such 4 month to the Build Illinois Fund from the State and Local 5 Sales Tax Reform Fund shall have been less than 1/12 of the 6 Annual Specified Amount, an amount equal to the difference 7 shall be immediately paid into the Build Illinois Fund from 8 other moneys received by the Department pursuant to the Tax 9 Acts; and, further provided, that in no event shall the 10 payments required under the preceding proviso result in 11 aggregate payments into the Build Illinois Fund pursuant to 12 this clause (b) for any fiscal year in excess of the greater 13 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 14 for such fiscal year; and, further provided, that the amounts 15 payable into the Build Illinois Fund under this clause (b) 16 shall be payable only until such time as the aggregate amount 17 on deposit under each trust indenture securing Bonds issued 18 and outstanding pursuant to the Build Illinois Bond Act is 19 sufficient, taking into account any future investment income, 20 to fully provide, in accordance with such indenture, for the 21 defeasance of or the payment of the principal of, premium, if 22 any, and interest on the Bonds secured by such indenture and 23 on any Bonds expected to be issued thereafter and all fees 24 and costs payable with respect thereto, all as certified by 25 the Director of the Bureau of the Budget. If on the last 26 business day of any month in which Bonds are outstanding 27 pursuant to the Build Illinois Bond Act, the aggregate of the 28 moneys deposited in the Build Illinois Bond Account in the 29 Build Illinois Fund in such month shall be less than the 30 amount required to be transferred in such month from the 31 Build Illinois Bond Account to the Build Illinois Bond 32 Retirement and Interest Fund pursuant to Section 13 of the 33 Build Illinois Bond Act, an amount equal to such deficiency 34 shall be immediately paid from other moneys received by the HB1900 Engrossed -27- LRB9101596PTpkA 1 Department pursuant to the Tax Acts to the Build Illinois 2 Fund; provided, however, that any amounts paid to the Build 3 Illinois Fund in any fiscal year pursuant to this sentence 4 shall be deemed to constitute payments pursuant to clause (b) 5 of the preceding sentence and shall reduce the amount 6 otherwise payable for such fiscal year pursuant to clause (b) 7 of the preceding sentence. The moneys received by the 8 Department pursuant to this Act and required to be deposited 9 into the Build Illinois Fund are subject to the pledge, claim 10 and charge set forth in Section 12 of the Build Illinois Bond 11 Act. 12 Subject to payment of amounts into the Build Illinois 13 Fund as provided in the preceding paragraph or in any 14 amendment thereto hereafter enacted, the following specified 15 monthly installment of the amount requested in the 16 certificate of the Chairman of the Metropolitan Pier and 17 Exposition Authority provided under Section 8.25f of the 18 State Finance Act, but not in excess of the sums designated 19 as "Total Deposit", shall be deposited in the aggregate from 20 collections under Section 9 of the Use Tax Act, Section 9 of 21 the Service Use Tax Act, Section 9 of the Service Occupation 22 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 23 into the McCormick Place Expansion Project Fund in the 24 specified fiscal years. 25 Fiscal Year Total Deposit 26 1993 $0 27 1994 53,000,000 28 1995 58,000,000 29 1996 61,000,000 30 1997 64,000,000 31 1998 68,000,000 32 1999 71,000,000 33 2000 75,000,000 34 2001 80,000,000 HB1900 Engrossed -28- LRB9101596PTpkA 1 2002 84,000,000 2 2003 89,000,000 3 2004 93,000,000 4 2005 97,000,000 5 2006 102,000,000 6 2007 and 106,000,000 7 each fiscal year 8 thereafter that bonds 9 are outstanding under 10 Section 13.2 of the 11 Metropolitan Pier and 12 Exposition Authority Act, 13 but not after fiscal year 2029. 14 Beginning July 20, 1993 and in each month of each fiscal 15 year thereafter, one-eighth of the amount requested in the 16 certificate of the Chairman of the Metropolitan Pier and 17 Exposition Authority for that fiscal year, less the amount 18 deposited into the McCormick Place Expansion Project Fund by 19 the State Treasurer in the respective month under subsection 20 (g) of Section 13 of the Metropolitan Pier and Exposition 21 Authority Act, plus cumulative deficiencies in the deposits 22 required under this Section for previous months and years, 23 shall be deposited into the McCormick Place Expansion Project 24 Fund, until the full amount requested for the fiscal year, 25 but not in excess of the amount specified above as "Total 26 Deposit", has been deposited. 27 Subject to payment of amounts into the Build Illinois 28 Fund and the McCormick Place Expansion Project Fund pursuant 29 to the preceding paragraphs or in any amendment thereto 30 hereafter enacted, each month the Department shall pay into 31 the Local Government Distributive Fund 0.4% of the net 32 revenue realized for the preceding month from the 5% general 33 rate or 0.4% of 80% of the net revenue realized for the 34 preceding month from the 6.25% general rate, as the case may HB1900 Engrossed -29- LRB9101596PTpkA 1 be, on the selling price of tangible personal property which 2 amount shall, subject to appropriation, be distributed as 3 provided in Section 2 of the State Revenue Sharing Act. No 4 payments or distributions pursuant to this paragraph shall be 5 made if the tax imposed by this Act on photo processing 6 products is declared unconstitutional, or if the proceeds 7 from such tax are unavailable for distribution because of 8 litigation. 9 Subject to payment of amounts into the Build Illinois 10 Fund, the McCormick Place Expansion Project Fund, and the 11 Local Government Distributive Fund pursuant to the preceding 12 paragraphs or in any amendments thereto hereafter enacted, 13 beginning July 1, 1993, the Department shall each month pay 14 into the Illinois Tax Increment Fund 0.27% of 80% of the net 15 revenue realized for the preceding month from the 6.25% 16 general rate on the selling price of tangible personal 17 property. 18 Subject to payment of amounts into the Build Illinois 19 Fund, McCormick Place Expansion Project Fund, Local 20 Government Distributive Fund, and Illinois Tax Increment Fund 21 under the preceding paragraphs or any amendment to those 22 paragraphs enacted after the effective date of this 23 amendatory Act of the 91st General Assembly, beginning July 24 1, 1999 and ending June 30, 2009 unless otherwise extended by 25 law, the Department shall each month pay into the Illinois 26 Aquaculture Development Fund $83,335 in the aggregate from 27 collections under this Section, Section 9 of the Use Tax Act, 28 Section 9 of the Service Occupation Tax Act, and Section 3 of 29 the Retailers' Occupation Tax Act of the 80% of the net 30 revenue realized for the preceding month from the 6.25% 31 general rate on the selling price of tangible personal 32 property. 33 All remaining moneys received by the Department pursuant 34 to this Act shall be paid into the General Revenue Fund of HB1900 Engrossed -30- LRB9101596PTpkA 1 the State Treasury. 2 As soon as possible after the first day of each month, 3 upon certification of the Department of Revenue, the 4 Comptroller shall order transferred and the Treasurer shall 5 transfer from the General Revenue Fund to the Motor Fuel Tax 6 Fund an amount equal to 1.7% of 80% of the net revenue 7 realized under this Act for the second preceding month; 8 except that this transfer shall not be made for the months 9 February through June, 1992. 10 Net revenue realized for a month shall be the revenue 11 collected by the State pursuant to this Act, less the amount 12 paid out during that month as refunds to taxpayers for 13 overpayment of liability. 14 (Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.) 15 Section 30. The Service Occupation Tax Act is amended by 16 changing Section 9 as follows: 17 (35 ILCS 115/9) (from Ch. 120, par. 439.109) 18 Sec. 9. Each serviceman required or authorized to 19 collect the tax herein imposed shall pay to the Department 20 the amount of such tax at the time when he is required to 21 file his return for the period during which such tax was 22 collectible, less a discount of 2.1% prior to January 1, 23 1990, and 1.75% on and after January 1, 1990, or $5 per 24 calendar year, whichever is greater, which is allowed to 25 reimburse the serviceman for expenses incurred in collecting 26 the tax, keeping records, preparing and filing returns, 27 remitting the tax and supplying data to the Department on 28 request. 29 Where such tangible personal property is sold under a 30 conditional sales contract, or under any other form of sale 31 wherein the payment of the principal sum, or a part thereof, 32 is extended beyond the close of the period for which the HB1900 Engrossed -31- LRB9101596PTpkA 1 return is filed, the serviceman, in collecting the tax may 2 collect, for each tax return period, only the tax applicable 3 to the part of the selling price actually received during 4 such tax return period. 5 Except as provided hereinafter in this Section, on or 6 before the twentieth day of each calendar month, such 7 serviceman shall file a return for the preceding calendar 8 month in accordance with reasonable rules and regulations to 9 be promulgated by the Department of Revenue. Such return 10 shall be filed on a form prescribed by the Department and 11 shall contain such information as the Department may 12 reasonably require. 13 The Department may require returns to be filed on a 14 quarterly basis. If so required, a return for each calendar 15 quarter shall be filed on or before the twentieth day of the 16 calendar month following the end of such calendar quarter. 17 The taxpayer shall also file a return with the Department for 18 each of the first two months of each calendar quarter, on or 19 before the twentieth day of the following calendar month, 20 stating: 21 1. The name of the seller; 22 2. The address of the principal place of business 23 from which he engages in business as a serviceman in this 24 State; 25 3. The total amount of taxable receipts received by 26 him during the preceding calendar month, including 27 receipts from charge and time sales, but less all 28 deductions allowed by law; 29 4. The amount of credit provided in Section 2d of 30 this Act; 31 5. The amount of tax due; 32 5-5. The signature of the taxpayer; and 33 6. Such other reasonable information as the 34 Department may require. HB1900 Engrossed -32- LRB9101596PTpkA 1 If a taxpayer fails to sign a return within 30 days after 2 the proper notice and demand for signature by the Department, 3 the return shall be considered valid and any amount shown to 4 be due on the return shall be deemed assessed. 5 A serviceman may accept a Manufacturer's Purchase Credit 6 certification from a purchaser in satisfaction of Service Use 7 Tax as provided in Section 3-70 of the Service Use Tax Act if 8 the purchaser provides the appropriate documentation as 9 required by Section 3-70 of the Service Use Tax Act. A 10 Manufacturer's Purchase Credit certification, accepted by a 11 serviceman as provided in Section 3-70 of the Service Use Tax 12 Act, may be used by that serviceman to satisfy Service 13 Occupation Tax liability in the amount claimed in the 14 certification, not to exceed 6.25% of the receipts subject to 15 tax from a qualifying purchase. 16 If the serviceman's average monthly tax liability to the 17 Department does not exceed $200, the Department may authorize 18 his returns to be filed on a quarter annual basis, with the 19 return for January, February and March of a given year being 20 due by April 20 of such year; with the return for April, May 21 and June of a given year being due by July 20 of such year; 22 with the return for July, August and September of a given 23 year being due by October 20 of such year, and with the 24 return for October, November and December of a given year 25 being due by January 20 of the following year. 26 If the serviceman's average monthly tax liability to the 27 Department does not exceed $50, the Department may authorize 28 his returns to be filed on an annual basis, with the return 29 for a given year being due by January 20 of the following 30 year. 31 Such quarter annual and annual returns, as to form and 32 substance, shall be subject to the same requirements as 33 monthly returns. 34 Notwithstanding any other provision in this Act HB1900 Engrossed -33- LRB9101596PTpkA 1 concerning the time within which a serviceman may file his 2 return, in the case of any serviceman who ceases to engage in 3 a kind of business which makes him responsible for filing 4 returns under this Act, such serviceman shall file a final 5 return under this Act with the Department not more than 1 6 month after discontinuing such business. 7 Beginning October 1, 1993, a taxpayer who has an average 8 monthly tax liability of $150,000 or more shall make all 9 payments required by rules of the Department by electronic 10 funds transfer. Beginning October 1, 1994, a taxpayer who 11 has an average monthly tax liability of $100,000 or more 12 shall make all payments required by rules of the Department 13 by electronic funds transfer. Beginning October 1, 1995, a 14 taxpayer who has an average monthly tax liability of $50,000 15 or more shall make all payments required by rules of the 16 Department by electronic funds transfer. The term "average 17 monthly tax liability" means the sum of the taxpayer's 18 liabilities under this Act, and under all other State and 19 local occupation and use tax laws administered by the 20 Department, for the immediately preceding calendar year 21 divided by 12. 22 Before August 1 of each year beginning in 1993, the 23 Department shall notify all taxpayers required to make 24 payments by electronic funds transfer. All taxpayers 25 required to make payments by electronic funds transfer shall 26 make those payments for a minimum of one year beginning on 27 October 1. 28 Any taxpayer not required to make payments by electronic 29 funds transfer may make payments by electronic funds transfer 30 with the permission of the Department. 31 All taxpayers required to make payment by electronic 32 funds transfer and any taxpayers authorized to voluntarily 33 make payments by electronic funds transfer shall make those 34 payments in the manner authorized by the Department. HB1900 Engrossed -34- LRB9101596PTpkA 1 The Department shall adopt such rules as are necessary to 2 effectuate a program of electronic funds transfer and the 3 requirements of this Section. 4 Where a serviceman collects the tax with respect to the 5 selling price of tangible personal property which he sells 6 and the purchaser thereafter returns such tangible personal 7 property and the serviceman refunds the selling price thereof 8 to the purchaser, such serviceman shall also refund, to the 9 purchaser, the tax so collected from the purchaser. When 10 filing his return for the period in which he refunds such tax 11 to the purchaser, the serviceman may deduct the amount of the 12 tax so refunded by him to the purchaser from any other 13 Service Occupation Tax, Service Use Tax, Retailers' 14 Occupation Tax or Use Tax which such serviceman may be 15 required to pay or remit to the Department, as shown by such 16 return, provided that the amount of the tax to be deducted 17 shall previously have been remitted to the Department by such 18 serviceman. If the serviceman shall not previously have 19 remitted the amount of such tax to the Department, he shall 20 be entitled to no deduction hereunder upon refunding such tax 21 to the purchaser. 22 If experience indicates such action to be practicable, 23 the Department may prescribe and furnish a combination or 24 joint return which will enable servicemen, who are required 25 to file returns hereunder and also under the Retailers' 26 Occupation Tax Act, the Use Tax Act or the Service Use Tax 27 Act, to furnish all the return information required by all 28 said Acts on the one form. 29 Where the serviceman has more than one business 30 registered with the Department under separate registrations 31 hereunder, such serviceman shall file separate returns for 32 each registered business. 33 Beginning January 1, 1990, each month the Department 34 shall pay into the Local Government Tax Fund the revenue HB1900 Engrossed -35- LRB9101596PTpkA 1 realized for the preceding month from the 1% tax on sales of 2 food for human consumption which is to be consumed off the 3 premises where it is sold (other than alcoholic beverages, 4 soft drinks and food which has been prepared for immediate 5 consumption) and prescription and nonprescription medicines, 6 drugs, medical appliances and insulin, urine testing 7 materials, syringes and needles used by diabetics. 8 Beginning January 1, 1990, each month the Department 9 shall pay into the County and Mass Transit District Fund 4% 10 of the revenue realized for the preceding month from the 11 6.25% general rate. 12 Beginning January 1, 1990, each month the Department 13 shall pay into the Local Government Tax Fund 16% of the 14 revenue realized for the preceding month from the 6.25% 15 general rate on transfers of tangible personal property. 16 Of the remainder of the moneys received by the Department 17 pursuant to this Act, (a) 1.75% thereof shall be paid into 18 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 19 and on and after July 1, 1989, 3.8% thereof shall be paid 20 into the Build Illinois Fund; provided, however, that if in 21 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 22 as the case may be, of the moneys received by the Department 23 and required to be paid into the Build Illinois Fund pursuant 24 to Section 3 of the Retailers' Occupation Tax Act, Section 9 25 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 26 Section 9 of the Service Occupation Tax Act, such Acts being 27 hereinafter called the "Tax Acts" and such aggregate of 2.2% 28 or 3.8%, as the case may be, of moneys being hereinafter 29 called the "Tax Act Amount", and (2) the amount transferred 30 to the Build Illinois Fund from the State and Local Sales Tax 31 Reform Fund shall be less than the Annual Specified Amount 32 (as defined in Section 3 of the Retailers' Occupation Tax 33 Act), an amount equal to the difference shall be immediately 34 paid into the Build Illinois Fund from other moneys received HB1900 Engrossed -36- LRB9101596PTpkA 1 by the Department pursuant to the Tax Acts; and further 2 provided, that if on the last business day of any month the 3 sum of (1) the Tax Act Amount required to be deposited into 4 the Build Illinois Account in the Build Illinois Fund during 5 such month and (2) the amount transferred during such month 6 to the Build Illinois Fund from the State and Local Sales Tax 7 Reform Fund shall have been less than 1/12 of the Annual 8 Specified Amount, an amount equal to the difference shall be 9 immediately paid into the Build Illinois Fund from other 10 moneys received by the Department pursuant to the Tax Acts; 11 and, further provided, that in no event shall the payments 12 required under the preceding proviso result in aggregate 13 payments into the Build Illinois Fund pursuant to this clause 14 (b) for any fiscal year in excess of the greater of (i) the 15 Tax Act Amount or (ii) the Annual Specified Amount for such 16 fiscal year; and, further provided, that the amounts payable 17 into the Build Illinois Fund under this clause (b) shall be 18 payable only until such time as the aggregate amount on 19 deposit under each trust indenture securing Bonds issued and 20 outstanding pursuant to the Build Illinois Bond Act is 21 sufficient, taking into account any future investment income, 22 to fully provide, in accordance with such indenture, for the 23 defeasance of or the payment of the principal of, premium, if 24 any, and interest on the Bonds secured by such indenture and 25 on any Bonds expected to be issued thereafter and all fees 26 and costs payable with respect thereto, all as certified by 27 the Director of the Bureau of the Budget. If on the last 28 business day of any month in which Bonds are outstanding 29 pursuant to the Build Illinois Bond Act, the aggregate of the 30 moneys deposited in the Build Illinois Bond Account in the 31 Build Illinois Fund in such month shall be less than the 32 amount required to be transferred in such month from the 33 Build Illinois Bond Account to the Build Illinois Bond 34 Retirement and Interest Fund pursuant to Section 13 of the HB1900 Engrossed -37- LRB9101596PTpkA 1 Build Illinois Bond Act, an amount equal to such deficiency 2 shall be immediately paid from other moneys received by the 3 Department pursuant to the Tax Acts to the Build Illinois 4 Fund; provided, however, that any amounts paid to the Build 5 Illinois Fund in any fiscal year pursuant to this sentence 6 shall be deemed to constitute payments pursuant to clause (b) 7 of the preceding sentence and shall reduce the amount 8 otherwise payable for such fiscal year pursuant to clause (b) 9 of the preceding sentence. The moneys received by the 10 Department pursuant to this Act and required to be deposited 11 into the Build Illinois Fund are subject to the pledge, claim 12 and charge set forth in Section 12 of the Build Illinois Bond 13 Act. 14 Subject to payment of amounts into the Build Illinois 15 Fund as provided in the preceding paragraph or in any 16 amendment thereto hereafter enacted, the following specified 17 monthly installment of the amount requested in the 18 certificate of the Chairman of the Metropolitan Pier and 19 Exposition Authority provided under Section 8.25f of the 20 State Finance Act, but not in excess of the sums designated 21 as "Total Deposit", shall be deposited in the aggregate from 22 collections under Section 9 of the Use Tax Act, Section 9 of 23 the Service Use Tax Act, Section 9 of the Service Occupation 24 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 25 into the McCormick Place Expansion Project Fund in the 26 specified fiscal years. 27 Fiscal Year Total Deposit 28 1993 $0 29 1994 53,000,000 30 1995 58,000,000 31 1996 61,000,000 32 1997 64,000,000 33 1998 68,000,000 34 1999 71,000,000 HB1900 Engrossed -38- LRB9101596PTpkA 1 2000 75,000,000 2 2001 80,000,000 3 2002 84,000,000 4 2003 89,000,000 5 2004 93,000,000 6 2005 97,000,000 7 2006 102,000,000 8 2007 and 106,000,000 9 each fiscal year 10 thereafter that bonds 11 are outstanding under 12 Section 13.2 of the 13 Metropolitan Pier and 14 Exposition Authority 15 Act, but not after fiscal year 2029. 16 Beginning July 20, 1993 and in each month of each fiscal 17 year thereafter, one-eighth of the amount requested in the 18 certificate of the Chairman of the Metropolitan Pier and 19 Exposition Authority for that fiscal year, less the amount 20 deposited into the McCormick Place Expansion Project Fund by 21 the State Treasurer in the respective month under subsection 22 (g) of Section 13 of the Metropolitan Pier and Exposition 23 Authority Act, plus cumulative deficiencies in the deposits 24 required under this Section for previous months and years, 25 shall be deposited into the McCormick Place Expansion Project 26 Fund, until the full amount requested for the fiscal year, 27 but not in excess of the amount specified above as "Total 28 Deposit", has been deposited. 29 Subject to payment of amounts into the Build Illinois 30 Fund and the McCormick Place Expansion Project Fund pursuant 31 to the preceding paragraphs or in any amendment thereto 32 hereafter enacted, each month the Department shall pay into 33 the Local Government Distributive Fund 0.4% of the net 34 revenue realized for the preceding month from the 5% general HB1900 Engrossed -39- LRB9101596PTpkA 1 rate or 0.4% of 80% of the net revenue realized for the 2 preceding month from the 6.25% general rate, as the case may 3 be, on the selling price of tangible personal property which 4 amount shall, subject to appropriation, be distributed as 5 provided in Section 2 of the State Revenue Sharing Act. No 6 payments or distributions pursuant to this paragraph shall be 7 made if the tax imposed by this Act on photoprocessing 8 products is declared unconstitutional, or if the proceeds 9 from such tax are unavailable for distribution because of 10 litigation. 11 Subject to payment of amounts into the Build Illinois 12 Fund, the McCormick Place Expansion Project Fund, and the 13 Local Government Distributive Fund pursuant to the preceding 14 paragraphs or in any amendments thereto hereafter enacted, 15 beginning July 1, 1993, the Department shall each month pay 16 into the Illinois Tax Increment Fund 0.27% of 80% of the net 17 revenue realized for the preceding month from the 6.25% 18 general rate on the selling price of tangible personal 19 property. 20 Subject to payment of amounts into the Build Illinois 21 Fund, McCormick Place Expansion Project Fund, Local 22 Government Distributive Fund, and Illinois Tax Increment Fund 23 under the preceding paragraphs or any amendment to those 24 paragraphs enacted after the effective date of this 25 amendatory Act of the 91st General Assembly, beginning July 26 1, 1999 and ending June 30, 2009 unless otherwise extended by 27 law, the Department shall each month pay into the Illinois 28 Aquaculture Development Fund $83,335 in the aggregate from 29 collections under this Section, Section 9 of the Use Tax Act, 30 Section 9 of the Service Use Tax Act, and Section 3 of the 31 Retailers' Occupation Tax Act of the 80% of the net revenue 32 realized for the preceding month from the 6.25% general rate 33 on the selling price of tangible personal property. 34 Remaining moneys received by the Department pursuant to HB1900 Engrossed -40- LRB9101596PTpkA 1 this Act shall be paid into the General Revenue Fund of the 2 State Treasury. 3 The Department may, upon separate written notice to a 4 taxpayer, require the taxpayer to prepare and file with the 5 Department on a form prescribed by the Department within not 6 less than 60 days after receipt of the notice an annual 7 information return for the tax year specified in the notice. 8 Such annual return to the Department shall include a 9 statement of gross receipts as shown by the taxpayer's last 10 Federal income tax return. If the total receipts of the 11 business as reported in the Federal income tax return do not 12 agree with the gross receipts reported to the Department of 13 Revenue for the same period, the taxpayer shall attach to his 14 annual return a schedule showing a reconciliation of the 2 15 amounts and the reasons for the difference. The taxpayer's 16 annual return to the Department shall also disclose the cost 17 of goods sold by the taxpayer during the year covered by such 18 return, opening and closing inventories of such goods for 19 such year, cost of goods used from stock or taken from stock 20 and given away by the taxpayer during such year, pay roll 21 information of the taxpayer's business during such year and 22 any additional reasonable information which the Department 23 deems would be helpful in determining the accuracy of the 24 monthly, quarterly or annual returns filed by such taxpayer 25 as hereinbefore provided for in this Section. 26 If the annual information return required by this Section 27 is not filed when and as required, the taxpayer shall be 28 liable as follows: 29 (i) Until January 1, 1994, the taxpayer shall be 30 liable for a penalty equal to 1/6 of 1% of the tax due 31 from such taxpayer under this Act during the period to be 32 covered by the annual return for each month or fraction 33 of a month until such return is filed as required, the 34 penalty to be assessed and collected in the same manner HB1900 Engrossed -41- LRB9101596PTpkA 1 as any other penalty provided for in this Act. 2 (ii) On and after January 1, 1994, the taxpayer 3 shall be liable for a penalty as described in Section 3-4 4 of the Uniform Penalty and Interest Act. 5 The chief executive officer, proprietor, owner or highest 6 ranking manager shall sign the annual return to certify the 7 accuracy of the information contained therein. Any person 8 who willfully signs the annual return containing false or 9 inaccurate information shall be guilty of perjury and 10 punished accordingly. The annual return form prescribed by 11 the Department shall include a warning that the person 12 signing the return may be liable for perjury. 13 The foregoing portion of this Section concerning the 14 filing of an annual information return shall not apply to a 15 serviceman who is not required to file an income tax return 16 with the United States Government. 17 As soon as possible after the first day of each month, 18 upon certification of the Department of Revenue, the 19 Comptroller shall order transferred and the Treasurer shall 20 transfer from the General Revenue Fund to the Motor Fuel Tax 21 Fund an amount equal to 1.7% of 80% of the net revenue 22 realized under this Act for the second preceding month; 23 except that this transfer shall not be made for the months 24 February through June, 1992. 25 Net revenue realized for a month shall be the revenue 26 collected by the State pursuant to this Act, less the amount 27 paid out during that month as refunds to taxpayers for 28 overpayment of liability. 29 For greater simplicity of administration, it shall be 30 permissible for manufacturers, importers and wholesalers 31 whose products are sold by numerous servicemen in Illinois, 32 and who wish to do so, to assume the responsibility for 33 accounting and paying to the Department all tax accruing 34 under this Act with respect to such sales, if the servicemen HB1900 Engrossed -42- LRB9101596PTpkA 1 who are affected do not make written objection to the 2 Department to this arrangement. 3 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 4 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-612, eff. 5 7-8-98.) 6 Section 35. The Retailers' Occupation Tax Act is amended 7 by changing Section 3 as follows: 8 (35 ILCS 120/3) (from Ch. 120, par. 442) 9 Sec. 3. Except as provided in this Section, on or before 10 the twentieth day of each calendar month, every person 11 engaged in the business of selling tangible personal property 12 at retail in this State during the preceding calendar month 13 shall file a return with the Department, stating: 14 1. The name of the seller; 15 2. His residence address and the address of his 16 principal place of business and the address of the 17 principal place of business (if that is a different 18 address) from which he engages in the business of selling 19 tangible personal property at retail in this State; 20 3. Total amount of receipts received by him during 21 the preceding calendar month or quarter, as the case may 22 be, from sales of tangible personal property, and from 23 services furnished, by him during such preceding calendar 24 month or quarter; 25 4. Total amount received by him during the 26 preceding calendar month or quarter on charge and time 27 sales of tangible personal property, and from services 28 furnished, by him prior to the month or quarter for which 29 the return is filed; 30 5. Deductions allowed by law; 31 6. Gross receipts which were received by him during 32 the preceding calendar month or quarter and upon the HB1900 Engrossed -43- LRB9101596PTpkA 1 basis of which the tax is imposed; 2 7. The amount of credit provided in Section 2d of 3 this Act; 4 8. The amount of tax due; 5 9. The signature of the taxpayer; and 6 10. Such other reasonable information as the 7 Department may require. 8 If a taxpayer fails to sign a return within 30 days after 9 the proper notice and demand for signature by the Department, 10 the return shall be considered valid and any amount shown to 11 be due on the return shall be deemed assessed. 12 Each return shall be accompanied by the statement of 13 prepaid tax issued pursuant to Section 2e for which credit is 14 claimed. 15 A retailer may accept a Manufacturer's Purchase Credit 16 certification from a purchaser in satisfaction of Use Tax as 17 provided in Section 3-85 of the Use Tax Act if the purchaser 18 provides the appropriate documentation as required by Section 19 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit 20 certification, accepted by a retailer as provided in Section 21 3-85 of the Use Tax Act, may be used by that retailer to 22 satisfy Retailers' Occupation Tax liability in the amount 23 claimed in the certification, not to exceed 6.25% of the 24 receipts subject to tax from a qualifying purchase. 25 The Department may require returns to be filed on a 26 quarterly basis. If so required, a return for each calendar 27 quarter shall be filed on or before the twentieth day of the 28 calendar month following the end of such calendar quarter. 29 The taxpayer shall also file a return with the Department for 30 each of the first two months of each calendar quarter, on or 31 before the twentieth day of the following calendar month, 32 stating: 33 1. The name of the seller; 34 2. The address of the principal place of business HB1900 Engrossed -44- LRB9101596PTpkA 1 from which he engages in the business of selling tangible 2 personal property at retail in this State; 3 3. The total amount of taxable receipts received by 4 him during the preceding calendar month from sales of 5 tangible personal property by him during such preceding 6 calendar month, including receipts from charge and time 7 sales, but less all deductions allowed by law; 8 4. The amount of credit provided in Section 2d of 9 this Act; 10 5. The amount of tax due; and 11 6. Such other reasonable information as the 12 Department may require. 13 If a total amount of less than $1 is payable, refundable 14 or creditable, such amount shall be disregarded if it is less 15 than 50 cents and shall be increased to $1 if it is 50 cents 16 or more. 17 Beginning October 1, 1993, a taxpayer who has an average 18 monthly tax liability of $150,000 or more shall make all 19 payments required by rules of the Department by electronic 20 funds transfer. Beginning October 1, 1994, a taxpayer who 21 has an average monthly tax liability of $100,000 or more 22 shall make all payments required by rules of the Department 23 by electronic funds transfer. Beginning October 1, 1995, a 24 taxpayer who has an average monthly tax liability of $50,000 25 or more shall make all payments required by rules of the 26 Department by electronic funds transfer. The term "average 27 monthly tax liability" shall be the sum of the taxpayer's 28 liabilities under this Act, and under all other State and 29 local occupation and use tax laws administered by the 30 Department, for the immediately preceding calendar year 31 divided by 12. 32 Before August 1 of each year beginning in 1993, the 33 Department shall notify all taxpayers required to make 34 payments by electronic funds transfer. All taxpayers HB1900 Engrossed -45- LRB9101596PTpkA 1 required to make payments by electronic funds transfer shall 2 make those payments for a minimum of one year beginning on 3 October 1. 4 Any taxpayer not required to make payments by electronic 5 funds transfer may make payments by electronic funds transfer 6 with the permission of the Department. 7 All taxpayers required to make payment by electronic 8 funds transfer and any taxpayers authorized to voluntarily 9 make payments by electronic funds transfer shall make those 10 payments in the manner authorized by the Department. 11 The Department shall adopt such rules as are necessary to 12 effectuate a program of electronic funds transfer and the 13 requirements of this Section. 14 Any amount which is required to be shown or reported on 15 any return or other document under this Act shall, if such 16 amount is not a whole-dollar amount, be increased to the 17 nearest whole-dollar amount in any case where the fractional 18 part of a dollar is 50 cents or more, and decreased to the 19 nearest whole-dollar amount where the fractional part of a 20 dollar is less than 50 cents. 21 If the retailer is otherwise required to file a monthly 22 return and if the retailer's average monthly tax liability to 23 the Department does not exceed $200, the Department may 24 authorize his returns to be filed on a quarter annual basis, 25 with the return for January, February and March of a given 26 year being due by April 20 of such year; with the return for 27 April, May and June of a given year being due by July 20 of 28 such year; with the return for July, August and September of 29 a given year being due by October 20 of such year, and with 30 the return for October, November and December of a given year 31 being due by January 20 of the following year. 32 If the retailer is otherwise required to file a monthly 33 or quarterly return and if the retailer's average monthly tax 34 liability with the Department does not exceed $50, the HB1900 Engrossed -46- LRB9101596PTpkA 1 Department may authorize his returns to be filed on an annual 2 basis, with the return for a given year being due by January 3 20 of the following year. 4 Such quarter annual and annual returns, as to form and 5 substance, shall be subject to the same requirements as 6 monthly returns. 7 Notwithstanding any other provision in this Act 8 concerning the time within which a retailer may file his 9 return, in the case of any retailer who ceases to engage in a 10 kind of business which makes him responsible for filing 11 returns under this Act, such retailer shall file a final 12 return under this Act with the Department not more than one 13 month after discontinuing such business. 14 Where the same person has more than one business 15 registered with the Department under separate registrations 16 under this Act, such person may not file each return that is 17 due as a single return covering all such registered 18 businesses, but shall file separate returns for each such 19 registered business. 20 In addition, with respect to motor vehicles, watercraft, 21 aircraft, and trailers that are required to be registered 22 with an agency of this State, every retailer selling this 23 kind of tangible personal property shall file, with the 24 Department, upon a form to be prescribed and supplied by the 25 Department, a separate return for each such item of tangible 26 personal property which the retailer sells, except that 27 where, in the same transaction, a retailer of aircraft, 28 watercraft, motor vehicles or trailers transfers more than 29 one aircraft, watercraft, motor vehicle or trailer to another 30 aircraft, watercraft, motor vehicle retailer or trailer 31 retailer for the purpose of resale, that seller for resale 32 may report the transfer of all aircraft, watercraft, motor 33 vehicles or trailers involved in that transaction to the 34 Department on the same uniform invoice-transaction reporting HB1900 Engrossed -47- LRB9101596PTpkA 1 return form. For purposes of this Section, "watercraft" 2 means a Class 2, Class 3, or Class 4 watercraft as defined in 3 Section 3-2 of the Boat Registration and Safety Act, a 4 personal watercraft, or any boat equipped with an inboard 5 motor. 6 Any retailer who sells only motor vehicles, watercraft, 7 aircraft, or trailers that are required to be registered with 8 an agency of this State, so that all retailers' occupation 9 tax liability is required to be reported, and is reported, on 10 such transaction reporting returns and who is not otherwise 11 required to file monthly or quarterly returns, need not file 12 monthly or quarterly returns. However, those retailers shall 13 be required to file returns on an annual basis. 14 The transaction reporting return, in the case of motor 15 vehicles or trailers that are required to be registered with 16 an agency of this State, shall be the same document as the 17 Uniform Invoice referred to in Section 5-402 of The Illinois 18 Vehicle Code and must show the name and address of the 19 seller; the name and address of the purchaser; the amount of 20 the selling price including the amount allowed by the 21 retailer for traded-in property, if any; the amount allowed 22 by the retailer for the traded-in tangible personal property, 23 if any, to the extent to which Section 1 of this Act allows 24 an exemption for the value of traded-in property; the balance 25 payable after deducting such trade-in allowance from the 26 total selling price; the amount of tax due from the retailer 27 with respect to such transaction; the amount of tax collected 28 from the purchaser by the retailer on such transaction (or 29 satisfactory evidence that such tax is not due in that 30 particular instance, if that is claimed to be the fact); the 31 place and date of the sale; a sufficient identification of 32 the property sold; such other information as is required in 33 Section 5-402 of The Illinois Vehicle Code, and such other 34 information as the Department may reasonably require. HB1900 Engrossed -48- LRB9101596PTpkA 1 The transaction reporting return in the case of 2 watercraft or aircraft must show the name and address of the 3 seller; the name and address of the purchaser; the amount of 4 the selling price including the amount allowed by the 5 retailer for traded-in property, if any; the amount allowed 6 by the retailer for the traded-in tangible personal property, 7 if any, to the extent to which Section 1 of this Act allows 8 an exemption for the value of traded-in property; the balance 9 payable after deducting such trade-in allowance from the 10 total selling price; the amount of tax due from the retailer 11 with respect to such transaction; the amount of tax collected 12 from the purchaser by the retailer on such transaction (or 13 satisfactory evidence that such tax is not due in that 14 particular instance, if that is claimed to be the fact); the 15 place and date of the sale, a sufficient identification of 16 the property sold, and such other information as the 17 Department may reasonably require. 18 Such transaction reporting return shall be filed not 19 later than 20 days after the day of delivery of the item that 20 is being sold, but may be filed by the retailer at any time 21 sooner than that if he chooses to do so. The transaction 22 reporting return and tax remittance or proof of exemption 23 from the Illinois use tax may be transmitted to the 24 Department by way of the State agency with which, or State 25 officer with whom the tangible personal property must be 26 titled or registered (if titling or registration is required) 27 if the Department and such agency or State officer determine 28 that this procedure will expedite the processing of 29 applications for title or registration. 30 With each such transaction reporting return, the retailer 31 shall remit the proper amount of tax due (or shall submit 32 satisfactory evidence that the sale is not taxable if that is 33 the case), to the Department or its agents, whereupon the 34 Department shall issue, in the purchaser's name, a use tax HB1900 Engrossed -49- LRB9101596PTpkA 1 receipt (or a certificate of exemption if the Department is 2 satisfied that the particular sale is tax exempt) which such 3 purchaser may submit to the agency with which, or State 4 officer with whom, he must title or register the tangible 5 personal property that is involved (if titling or 6 registration is required) in support of such purchaser's 7 application for an Illinois certificate or other evidence of 8 title or registration to such tangible personal property. 9 No retailer's failure or refusal to remit tax under this 10 Act precludes a user, who has paid the proper tax to the 11 retailer, from obtaining his certificate of title or other 12 evidence of title or registration (if titling or registration 13 is required) upon satisfying the Department that such user 14 has paid the proper tax (if tax is due) to the retailer. The 15 Department shall adopt appropriate rules to carry out the 16 mandate of this paragraph. 17 If the user who would otherwise pay tax to the retailer 18 wants the transaction reporting return filed and the payment 19 of the tax or proof of exemption made to the Department 20 before the retailer is willing to take these actions and such 21 user has not paid the tax to the retailer, such user may 22 certify to the fact of such delay by the retailer and may 23 (upon the Department being satisfied of the truth of such 24 certification) transmit the information required by the 25 transaction reporting return and the remittance for tax or 26 proof of exemption directly to the Department and obtain his 27 tax receipt or exemption determination, in which event the 28 transaction reporting return and tax remittance (if a tax 29 payment was required) shall be credited by the Department to 30 the proper retailer's account with the Department, but 31 without the 2.1% or 1.75% discount provided for in this 32 Section being allowed. When the user pays the tax directly 33 to the Department, he shall pay the tax in the same amount 34 and in the same form in which it would be remitted if the tax HB1900 Engrossed -50- LRB9101596PTpkA 1 had been remitted to the Department by the retailer. 2 Refunds made by the seller during the preceding return 3 period to purchasers, on account of tangible personal 4 property returned to the seller, shall be allowed as a 5 deduction under subdivision 5 of his monthly or quarterly 6 return, as the case may be, in case the seller had 7 theretofore included the receipts from the sale of such 8 tangible personal property in a return filed by him and had 9 paid the tax imposed by this Act with respect to such 10 receipts. 11 Where the seller is a corporation, the return filed on 12 behalf of such corporation shall be signed by the president, 13 vice-president, secretary or treasurer or by the properly 14 accredited agent of such corporation. 15 Where the seller is a limited liability company, the 16 return filed on behalf of the limited liability company shall 17 be signed by a manager, member, or properly accredited agent 18 of the limited liability company. 19 Except as provided in this Section, the retailer filing 20 the return under this Section shall, at the time of filing 21 such return, pay to the Department the amount of tax imposed 22 by this Act less a discount of 2.1% prior to January 1, 1990 23 and 1.75% on and after January 1, 1990, or $5 per calendar 24 year, whichever is greater, which is allowed to reimburse the 25 retailer for the expenses incurred in keeping records, 26 preparing and filing returns, remitting the tax and supplying 27 data to the Department on request. Any prepayment made 28 pursuant to Section 2d of this Act shall be included in the 29 amount on which such 2.1% or 1.75% discount is computed. In 30 the case of retailers who report and pay the tax on a 31 transaction by transaction basis, as provided in this 32 Section, such discount shall be taken with each such tax 33 remittance instead of when such retailer files his periodic 34 return. HB1900 Engrossed -51- LRB9101596PTpkA 1 If the taxpayer's average monthly tax liability to the 2 Department under this Act, the Use Tax Act, the Service 3 Occupation Tax Act, and the Service Use Tax Act, excluding 4 any liability for prepaid sales tax to be remitted in 5 accordance with Section 2d of this Act, was $10,000 or more 6 during the preceding 4 complete calendar quarters, he shall 7 file a return with the Department each month by the 20th day 8 of the month next following the month during which such tax 9 liability is incurred and shall make payments to the 10 Department on or before the 7th, 15th, 22nd and last day of 11 the month during which such liability is incurred. If the 12 month during which such tax liability is incurred began prior 13 to January 1, 1985, each payment shall be in an amount equal 14 to 1/4 of the taxpayer's actual liability for the month or an 15 amount set by the Department not to exceed 1/4 of the average 16 monthly liability of the taxpayer to the Department for the 17 preceding 4 complete calendar quarters (excluding the month 18 of highest liability and the month of lowest liability in 19 such 4 quarter period). If the month during which such tax 20 liability is incurred begins on or after January 1, 1985 and 21 prior to January 1, 1987, each payment shall be in an amount 22 equal to 22.5% of the taxpayer's actual liability for the 23 month or 27.5% of the taxpayer's liability for the same 24 calendar month of the preceding year. If the month during 25 which such tax liability is incurred begins on or after 26 January 1, 1987 and prior to January 1, 1988, each payment 27 shall be in an amount equal to 22.5% of the taxpayer's actual 28 liability for the month or 26.25% of the taxpayer's liability 29 for the same calendar month of the preceding year. If the 30 month during which such tax liability is incurred begins on 31 or after January 1, 1988, and prior to January 1, 1989, or 32 begins on or after January 1, 1996, each payment shall be in 33 an amount equal to 22.5% of the taxpayer's actual liability 34 for the month or 25% of the taxpayer's liability for the same HB1900 Engrossed -52- LRB9101596PTpkA 1 calendar month of the preceding year. If the month during 2 which such tax liability is incurred begins on or after 3 January 1, 1989, and prior to January 1, 1996, each payment 4 shall be in an amount equal to 22.5% of the taxpayer's actual 5 liability for the month or 25% of the taxpayer's liability 6 for the same calendar month of the preceding year or 100% of 7 the taxpayer's actual liability for the quarter monthly 8 reporting period. The amount of such quarter monthly 9 payments shall be credited against the final tax liability of 10 the taxpayer's return for that month. Once applicable, the 11 requirement of the making of quarter monthly payments to the 12 Department by taxpayers having an average monthly tax 13 liability of $10,000 or more as determined in the manner 14 provided above shall continue until such taxpayer's average 15 monthly liability to the Department during the preceding 4 16 complete calendar quarters (excluding the month of highest 17 liability and the month of lowest liability) is less than 18 $9,000, or until such taxpayer's average monthly liability to 19 the Department as computed for each calendar quarter of the 4 20 preceding complete calendar quarter period is less than 21 $10,000. However, if a taxpayer can show the Department that 22 a substantial change in the taxpayer's business has occurred 23 which causes the taxpayer to anticipate that his average 24 monthly tax liability for the reasonably foreseeable future 25 will fall below $10,000, then such taxpayer may petition the 26 Department for a change in such taxpayer's reporting status. 27 The Department shall change such taxpayer's reporting status 28 unless it finds that such change is seasonal in nature and 29 not likely to be long term. If any such quarter monthly 30 payment is not paid at the time or in the amount required by 31 this Section, then the taxpayer shall be liable for penalties 32 and interest on the difference between the minimum amount due 33 as a payment and the amount of such quarter monthly payment 34 actually and timely paid, except insofar as the taxpayer has HB1900 Engrossed -53- LRB9101596PTpkA 1 previously made payments for that month to the Department in 2 excess of the minimum payments previously due as provided in 3 this Section. The Department shall make reasonable rules and 4 regulations to govern the quarter monthly payment amount and 5 quarter monthly payment dates for taxpayers who file on other 6 than a calendar monthly basis. 7 Without regard to whether a taxpayer is required to make 8 quarter monthly payments as specified above, any taxpayer who 9 is required by Section 2d of this Act to collect and remit 10 prepaid taxes and has collected prepaid taxes which average 11 in excess of $25,000 per month during the preceding 2 12 complete calendar quarters, shall file a return with the 13 Department as required by Section 2f and shall make payments 14 to the Department on or before the 7th, 15th, 22nd and last 15 day of the month during which such liability is incurred. If 16 the month during which such tax liability is incurred began 17 prior to the effective date of this amendatory Act of 1985, 18 each payment shall be in an amount not less than 22.5% of the 19 taxpayer's actual liability under Section 2d. If the month 20 during which such tax liability is incurred begins on or 21 after January 1, 1986, each payment shall be in an amount 22 equal to 22.5% of the taxpayer's actual liability for the 23 month or 27.5% of the taxpayer's liability for the same 24 calendar month of the preceding calendar year. If the month 25 during which such tax liability is incurred begins on or 26 after January 1, 1987, each payment shall be in an amount 27 equal to 22.5% of the taxpayer's actual liability for the 28 month or 26.25% of the taxpayer's liability for the same 29 calendar month of the preceding year. The amount of such 30 quarter monthly payments shall be credited against the final 31 tax liability of the taxpayer's return for that month filed 32 under this Section or Section 2f, as the case may be. Once 33 applicable, the requirement of the making of quarter monthly 34 payments to the Department pursuant to this paragraph shall HB1900 Engrossed -54- LRB9101596PTpkA 1 continue until such taxpayer's average monthly prepaid tax 2 collections during the preceding 2 complete calendar quarters 3 is $25,000 or less. If any such quarter monthly payment is 4 not paid at the time or in the amount required, the taxpayer 5 shall be liable for penalties and interest on such 6 difference, except insofar as the taxpayer has previously 7 made payments for that month in excess of the minimum 8 payments previously due. 9 If any payment provided for in this Section exceeds the 10 taxpayer's liabilities under this Act, the Use Tax Act, the 11 Service Occupation Tax Act and the Service Use Tax Act, as 12 shown on an original monthly return, the Department shall, if 13 requested by the taxpayer, issue to the taxpayer a credit 14 memorandum no later than 30 days after the date of payment. 15 The credit evidenced by such credit memorandum may be 16 assigned by the taxpayer to a similar taxpayer under this 17 Act, the Use Tax Act, the Service Occupation Tax Act or the 18 Service Use Tax Act, in accordance with reasonable rules and 19 regulations to be prescribed by the Department. If no such 20 request is made, the taxpayer may credit such excess payment 21 against tax liability subsequently to be remitted to the 22 Department under this Act, the Use Tax Act, the Service 23 Occupation Tax Act or the Service Use Tax Act, in accordance 24 with reasonable rules and regulations prescribed by the 25 Department. If the Department subsequently determined that 26 all or any part of the credit taken was not actually due to 27 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount 28 shall be reduced by 2.1% or 1.75% of the difference between 29 the credit taken and that actually due, and that taxpayer 30 shall be liable for penalties and interest on such 31 difference. 32 If a retailer of motor fuel is entitled to a credit under 33 Section 2d of this Act which exceeds the taxpayer's liability 34 to the Department under this Act for the month which the HB1900 Engrossed -55- LRB9101596PTpkA 1 taxpayer is filing a return, the Department shall issue the 2 taxpayer a credit memorandum for the excess. 3 Beginning January 1, 1990, each month the Department 4 shall pay into the Local Government Tax Fund, a special fund 5 in the State treasury which is hereby created, the net 6 revenue realized for the preceding month from the 1% tax on 7 sales of food for human consumption which is to be consumed 8 off the premises where it is sold (other than alcoholic 9 beverages, soft drinks and food which has been prepared for 10 immediate consumption) and prescription and nonprescription 11 medicines, drugs, medical appliances and insulin, urine 12 testing materials, syringes and needles used by diabetics. 13 Beginning January 1, 1990, each month the Department 14 shall pay into the County and Mass Transit District Fund, a 15 special fund in the State treasury which is hereby created, 16 4% of the net revenue realized for the preceding month from 17 the 6.25% general rate. 18 Beginning January 1, 1990, each month the Department 19 shall pay into the Local Government Tax Fund 16% of the net 20 revenue realized for the preceding month from the 6.25% 21 general rate on the selling price of tangible personal 22 property. 23 Of the remainder of the moneys received by the Department 24 pursuant to this Act, (a) 1.75% thereof shall be paid into 25 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 26 and on and after July 1, 1989, 3.8% thereof shall be paid 27 into the Build Illinois Fund; provided, however, that if in 28 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 29 as the case may be, of the moneys received by the Department 30 and required to be paid into the Build Illinois Fund pursuant 31 to this Act, Section 9 of the Use Tax Act, Section 9 of the 32 Service Use Tax Act, and Section 9 of the Service Occupation 33 Tax Act, such Acts being hereinafter called the "Tax Acts" 34 and such aggregate of 2.2% or 3.8%, as the case may be, of HB1900 Engrossed -56- LRB9101596PTpkA 1 moneys being hereinafter called the "Tax Act Amount", and (2) 2 the amount transferred to the Build Illinois Fund from the 3 State and Local Sales Tax Reform Fund shall be less than the 4 Annual Specified Amount (as hereinafter defined), an amount 5 equal to the difference shall be immediately paid into the 6 Build Illinois Fund from other moneys received by the 7 Department pursuant to the Tax Acts; the "Annual Specified 8 Amount" means the amounts specified below for fiscal years 9 1986 through 1993: 10 Fiscal Year Annual Specified Amount 11 1986 $54,800,000 12 1987 $76,650,000 13 1988 $80,480,000 14 1989 $88,510,000 15 1990 $115,330,000 16 1991 $145,470,000 17 1992 $182,730,000 18 1993 $206,520,000; 19 and means the Certified Annual Debt Service Requirement (as 20 defined in Section 13 of the Build Illinois Bond Act) or the 21 Tax Act Amount, whichever is greater, for fiscal year 1994 22 and each fiscal year thereafter; and further provided, that 23 if on the last business day of any month the sum of (1) the 24 Tax Act Amount required to be deposited into the Build 25 Illinois Bond Account in the Build Illinois Fund during such 26 month and (2) the amount transferred to the Build Illinois 27 Fund from the State and Local Sales Tax Reform Fund shall 28 have been less than 1/12 of the Annual Specified Amount, an 29 amount equal to the difference shall be immediately paid into 30 the Build Illinois Fund from other moneys received by the 31 Department pursuant to the Tax Acts; and, further provided, 32 that in no event shall the payments required under the 33 preceding proviso result in aggregate payments into the Build 34 Illinois Fund pursuant to this clause (b) for any fiscal year HB1900 Engrossed -57- LRB9101596PTpkA 1 in excess of the greater of (i) the Tax Act Amount or (ii) 2 the Annual Specified Amount for such fiscal year. The 3 amounts payable into the Build Illinois Fund under clause (b) 4 of the first sentence in this paragraph shall be payable only 5 until such time as the aggregate amount on deposit under each 6 trust indenture securing Bonds issued and outstanding 7 pursuant to the Build Illinois Bond Act is sufficient, taking 8 into account any future investment income, to fully provide, 9 in accordance with such indenture, for the defeasance of or 10 the payment of the principal of, premium, if any, and 11 interest on the Bonds secured by such indenture and on any 12 Bonds expected to be issued thereafter and all fees and costs 13 payable with respect thereto, all as certified by the 14 Director of the Bureau of the Budget. If on the last 15 business day of any month in which Bonds are outstanding 16 pursuant to the Build Illinois Bond Act, the aggregate of 17 moneys deposited in the Build Illinois Bond Account in the 18 Build Illinois Fund in such month shall be less than the 19 amount required to be transferred in such month from the 20 Build Illinois Bond Account to the Build Illinois Bond 21 Retirement and Interest Fund pursuant to Section 13 of the 22 Build Illinois Bond Act, an amount equal to such deficiency 23 shall be immediately paid from other moneys received by the 24 Department pursuant to the Tax Acts to the Build Illinois 25 Fund; provided, however, that any amounts paid to the Build 26 Illinois Fund in any fiscal year pursuant to this sentence 27 shall be deemed to constitute payments pursuant to clause (b) 28 of the first sentence of this paragraph and shall reduce the 29 amount otherwise payable for such fiscal year pursuant to 30 that clause (b). The moneys received by the Department 31 pursuant to this Act and required to be deposited into the 32 Build Illinois Fund are subject to the pledge, claim and 33 charge set forth in Section 12 of the Build Illinois Bond 34 Act. HB1900 Engrossed -58- LRB9101596PTpkA 1 Subject to payment of amounts into the Build Illinois 2 Fund as provided in the preceding paragraph or in any 3 amendment thereto hereafter enacted, the following specified 4 monthly installment of the amount requested in the 5 certificate of the Chairman of the Metropolitan Pier and 6 Exposition Authority provided under Section 8.25f of the 7 State Finance Act, but not in excess of sums designated as 8 "Total Deposit", shall be deposited in the aggregate from 9 collections under Section 9 of the Use Tax Act, Section 9 of 10 the Service Use Tax Act, Section 9 of the Service Occupation 11 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 12 into the McCormick Place Expansion Project Fund in the 13 specified fiscal years. 14 Fiscal Year Total Deposit 15 1993 $0 16 1994 53,000,000 17 1995 58,000,000 18 1996 61,000,000 19 1997 64,000,000 20 1998 68,000,000 21 1999 71,000,000 22 2000 75,000,000 23 2001 80,000,000 24 2002 84,000,000 25 2003 89,000,000 26 2004 93,000,000 27 2005 97,000,000 28 2006 102,000,000 29 2007 and 106,000,000 30 each fiscal year 31 thereafter that bonds 32 are outstanding under 33 Section 13.2 of the 34 Metropolitan Pier and HB1900 Engrossed -59- LRB9101596PTpkA 1 Exposition Authority 2 Act, but not after fiscal year 2029. 3 Beginning July 20, 1993 and in each month of each fiscal 4 year thereafter, one-eighth of the amount requested in the 5 certificate of the Chairman of the Metropolitan Pier and 6 Exposition Authority for that fiscal year, less the amount 7 deposited into the McCormick Place Expansion Project Fund by 8 the State Treasurer in the respective month under subsection 9 (g) of Section 13 of the Metropolitan Pier and Exposition 10 Authority Act, plus cumulative deficiencies in the deposits 11 required under this Section for previous months and years, 12 shall be deposited into the McCormick Place Expansion Project 13 Fund, until the full amount requested for the fiscal year, 14 but not in excess of the amount specified above as "Total 15 Deposit", has been deposited. 16 Subject to payment of amounts into the Build Illinois 17 Fund and the McCormick Place Expansion Project Fund pursuant 18 to the preceding paragraphs or in any amendment thereto 19 hereafter enacted, each month the Department shall pay into 20 the Local Government Distributive Fund 0.4% of the net 21 revenue realized for the preceding month from the 5% general 22 rate or 0.4% of 80% of the net revenue realized for the 23 preceding month from the 6.25% general rate, as the case may 24 be, on the selling price of tangible personal property which 25 amount shall, subject to appropriation, be distributed as 26 provided in Section 2 of the State Revenue Sharing Act. No 27 payments or distributions pursuant to this paragraph shall be 28 made if the tax imposed by this Act on photoprocessing 29 products is declared unconstitutional, or if the proceeds 30 from such tax are unavailable for distribution because of 31 litigation. 32 Subject to payment of amounts into the Build Illinois 33 Fund, the McCormick Place Expansion Project to the preceding 34 paragraphs or in any amendments thereto hereafter enacted, HB1900 Engrossed -60- LRB9101596PTpkA 1 beginning July 1, 1993, the Department shall each month pay 2 into the Illinois Tax Increment Fund 0.27% of 80% of the net 3 revenue realized for the preceding month from the 6.25% 4 general rate on the selling price of tangible personal 5 property. 6 Subject to payment of amounts into the Build Illinois 7 Fund, McCormick Place Expansion Project Fund, Local 8 Government Distributive Fund, and Illinois Tax Increment Fund 9 under the preceding paragraphs or any amendment to those 10 paragraphs enacted after the effective date of this 11 amendatory Act of the 91st General Assembly, beginning July 12 1, 1999 and ending June 30, 2009 unless otherwise extended by 13 law, the Department shall each month pay into the Illinois 14 Aquaculture Development Fund $83,335 in the aggregate from 15 collections under this Section, Section 9 of the Use Tax Act, 16 Section 9 of the Service Use Tax Act, and Section 9 of the 17 Service Occupation Tax Act of the 80% of the net revenue 18 realized for the preceding month from the 6.25% general rate 19 on the gross receipts from sales of tangible personal 20 property. 21 Of the remainder of the moneys received by the Department 22 pursuant to this Act, 75% thereof shall be paid into the 23 State Treasury and 25% shall be reserved in a special account 24 and used only for the transfer to the Common School Fund as 25 part of the monthly transfer from the General Revenue Fund in 26 accordance with Section 8a of the State Finance Act. 27 The Department may, upon separate written notice to a 28 taxpayer, require the taxpayer to prepare and file with the 29 Department on a form prescribed by the Department within not 30 less than 60 days after receipt of the notice an annual 31 information return for the tax year specified in the notice. 32 Such annual return to the Department shall include a 33 statement of gross receipts as shown by the retailer's last 34 Federal income tax return. If the total receipts of the HB1900 Engrossed -61- LRB9101596PTpkA 1 business as reported in the Federal income tax return do not 2 agree with the gross receipts reported to the Department of 3 Revenue for the same period, the retailer shall attach to his 4 annual return a schedule showing a reconciliation of the 2 5 amounts and the reasons for the difference. The retailer's 6 annual return to the Department shall also disclose the cost 7 of goods sold by the retailer during the year covered by such 8 return, opening and closing inventories of such goods for 9 such year, costs of goods used from stock or taken from stock 10 and given away by the retailer during such year, payroll 11 information of the retailer's business during such year and 12 any additional reasonable information which the Department 13 deems would be helpful in determining the accuracy of the 14 monthly, quarterly or annual returns filed by such retailer 15 as provided for in this Section. 16 If the annual information return required by this Section 17 is not filed when and as required, the taxpayer shall be 18 liable as follows: 19 (i) Until January 1, 1994, the taxpayer shall be 20 liable for a penalty equal to 1/6 of 1% of the tax due 21 from such taxpayer under this Act during the period to be 22 covered by the annual return for each month or fraction 23 of a month until such return is filed as required, the 24 penalty to be assessed and collected in the same manner 25 as any other penalty provided for in this Act. 26 (ii) On and after January 1, 1994, the taxpayer 27 shall be liable for a penalty as described in Section 3-4 28 of the Uniform Penalty and Interest Act. 29 The chief executive officer, proprietor, owner or highest 30 ranking manager shall sign the annual return to certify the 31 accuracy of the information contained therein. Any person 32 who willfully signs the annual return containing false or 33 inaccurate information shall be guilty of perjury and 34 punished accordingly. The annual return form prescribed by HB1900 Engrossed -62- LRB9101596PTpkA 1 the Department shall include a warning that the person 2 signing the return may be liable for perjury. 3 The provisions of this Section concerning the filing of 4 an annual information return do not apply to a retailer who 5 is not required to file an income tax return with the United 6 States Government. 7 As soon as possible after the first day of each month, 8 upon certification of the Department of Revenue, the 9 Comptroller shall order transferred and the Treasurer shall 10 transfer from the General Revenue Fund to the Motor Fuel Tax 11 Fund an amount equal to 1.7% of 80% of the net revenue 12 realized under this Act for the second preceding month; 13 except that this transfer shall not be made for the months 14 February through June, 1992. 15 Net revenue realized for a month shall be the revenue 16 collected by the State pursuant to this Act, less the amount 17 paid out during that month as refunds to taxpayers for 18 overpayment of liability. 19 For greater simplicity of administration, manufacturers, 20 importers and wholesalers whose products are sold at retail 21 in Illinois by numerous retailers, and who wish to do so, may 22 assume the responsibility for accounting and paying to the 23 Department all tax accruing under this Act with respect to 24 such sales, if the retailers who are affected do not make 25 written objection to the Department to this arrangement. 26 Any person who promotes, organizes, provides retail 27 selling space for concessionaires or other types of sellers 28 at the Illinois State Fair, DuQuoin State Fair, county fairs, 29 local fairs, art shows, flea markets and similar exhibitions 30 or events, including any transient merchant as defined by 31 Section 2 of the Transient Merchant Act of 1987, is required 32 to file a report with the Department providing the name of 33 the merchant's business, the name of the person or persons 34 engaged in merchant's business, the permanent address and HB1900 Engrossed -63- LRB9101596PTpkA 1 Illinois Retailers Occupation Tax Registration Number of the 2 merchant, the dates and location of the event and other 3 reasonable information that the Department may require. The 4 report must be filed not later than the 20th day of the month 5 next following the month during which the event with retail 6 sales was held. Any person who fails to file a report 7 required by this Section commits a business offense and is 8 subject to a fine not to exceed $250. 9 Any person engaged in the business of selling tangible 10 personal property at retail as a concessionaire or other type 11 of seller at the Illinois State Fair, county fairs, art 12 shows, flea markets and similar exhibitions or events, or any 13 transient merchants, as defined by Section 2 of the Transient 14 Merchant Act of 1987, may be required to make a daily report 15 of the amount of such sales to the Department and to make a 16 daily payment of the full amount of tax due. The Department 17 shall impose this requirement when it finds that there is a 18 significant risk of loss of revenue to the State at such an 19 exhibition or event. Such a finding shall be based on 20 evidence that a substantial number of concessionaires or 21 other sellers who are not residents of Illinois will be 22 engaging in the business of selling tangible personal 23 property at retail at the exhibition or event, or other 24 evidence of a significant risk of loss of revenue to the 25 State. The Department shall notify concessionaires and other 26 sellers affected by the imposition of this requirement. In 27 the absence of notification by the Department, the 28 concessionaires and other sellers shall file their returns as 29 otherwise required in this Section. 30 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 31 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 32 1-1-99; 90-612, eff. 7-8-98.) 33 Section 40. The County Cooperative Extension Law is HB1900 Engrossed -64- LRB9101596PTpkA 1 amended by changing Section 2a as follow: 2 (505 ILCS 45/2a) (from Ch. 5, par. 242a) 3 Sec. 2a. Information and assistance. 4 (a) The Cooperative Extension Service of the University 5 of Illinois shall provide information and assistance to 6 person who are timber growers and to persons who may be 7 unaware of the economic and soil and water conservation 8 benefits that can be attained through forestry management on 9 marginal agricultural lands. 10 (b) The Department of Agriculture, in cooperation with 11 the Cooperative Extension Service of the University of 12 Illinois, in conjunction with the Agriculture Experiment 13 Station and Southern Illinois University at Carbondale, shall 14 provide information on aquaculture and shall explore the 15 establishment of an aquaculture resource center for 16 disseminating information and demonstrating the viability of 17 aquaculture as a part of the diversified agriculture of this 18 State. 19 The Department of Agriculture in cooperation with the (i) 20 Cooperative Extension Service of the University of Illinois, 21 (ii) Southern Illinois University at Carbondale, and (iii) 22 community colleges organized under the Public Community 23 College Act shall provide information and assistance to the 24 aquaculture industry in the State concerning the Aquaculture 25 Cooperative established under the Aquaculture Development Act 26 and incorporated under the Agricultural Co-Operative Act. 27 (Source: P.A. 85-856.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law. HB1900 Engrossed -65- LRB9101596PTpkA 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 205/40.35 from Ch. 127, par. 40.35 4 20 ILCS 215/5.5 new 5 30 ILCS 105/5.490 new 6 30 ILCS 105/6z-47 new 7 35 ILCS 105/9 from Ch. 120, par. 439.9 8 35 ILCS 110/9 from Ch. 120, par. 439.39 9 35 ILCS 115/9 from Ch. 120, par. 439.109 10 35 ILCS 120/3 from Ch. 120, par. 442 11 505 ILCS 45/2a from Ch. 5, par. 242a