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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_SB0659ham002
LRB9104061MWpcam
1 AMENDMENT TO SENATE BILL 659
2 AMENDMENT NO. . Amend Senate Bill 659, AS AMENDED,
3 in Section 25, in the introductory clause, by replacing
4 "Section 2" with "Sections 2 and 6"; and
5 in Section 25, in Sec. 2, in subsection (c), in the sentence
6 beginning ""Prepaid calling card arrangement" does", by
7 replacing "invoice issued to" with "account for"; and
8 in Section 25, below Sec. 2, by inserting the following:
9 "(35 ILCS 630/6) (from Ch. 120, par. 2006)
10 Sec. 6. Except as provided hereinafter in this Section,
11 on or before the 15th day of each month each retailer
12 maintaining a place of business in this State shall make a
13 return to the Department for the preceding calendar month,
14 stating:
15 1. His name;
16 2. The address of his principal place of business,
17 and the address of the principal place of business (if
18 that is a different address) from which he engages in the
19 business of transmitting telecommunications;
20 3. Total amount of gross charges billed by him
21 during the preceding calendar month for providing
22 telecommunications during such calendar month;
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1 4. Total amount received by him during the
2 preceding calendar month on credit extended;
3 5. Deductions allowed by law;
4 6. Gross charges which were billed by him during
5 the preceding calendar month and upon the basis of which
6 the tax is imposed;
7 7. Amount of tax (computed upon Item 6);
8 8. Such other reasonable information as the
9 Department may require.
10 Any taxpayer required to make payments under this Section
11 may make the payments by electronic funds transfer. The
12 Department shall adopt rules necessary to effectuate a
13 program of electronic funds transfer.
14 If the retailer's average monthly tax billings due to the
15 Department do not exceed $100, the Department may authorize
16 his returns to be filed on a quarter annual basis, with the
17 return for January, February and March of a given year being
18 due by April 15 of such year; with the return for April, May
19 and June of a given year being due by July 15 of such year;
20 with the return for July, August and September of a given
21 year being due by October 15 of such year; and with the
22 return of October, November and December of a given year
23 being due by January 15 of the following year.
24 Notwithstanding any other provision of this Article
25 containing the time within which a retailer may file his
26 return, in the case of any retailer who ceases to engage in a
27 kind of business which makes him responsible for filing
28 returns under this Article, such retailer shall file a final
29 return under this Article with the Department not more than
30 one month after discontinuing such business.
31 In making such return, the retailer shall determine the
32 value of any consideration other than money received by him
33 and he shall include such value in his return. Such
34 determination shall be subject to review and revision by the
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1 Department in the manner hereinafter provided for the
2 correction of returns.
3 Each retailer whose average monthly liability to the
4 Department under this Article was $10,000 or more during the
5 preceding calendar year, excluding the month of highest
6 liability and the month of lowest liability in such calendar
7 year, and who is not operated by a unit of local government,
8 shall make estimated payments to the Department on or before
9 the 7th, 15th, 22nd and last day of the month during which
10 tax collection liability to the Department is incurred in an
11 amount not less than the lower of either 22.5% of the
12 retailer's actual tax collections for the month or 25% of the
13 retailer's actual tax collections for the same calendar month
14 of the preceding year. The amount of such quarter monthly
15 payments shall be credited against the final liability of the
16 retailer's return for that month. Any outstanding credit,
17 approved by the Department, arising from the retailer's
18 overpayment of its final liability for any month may be
19 applied to reduce the amount of any subsequent quarter
20 monthly payment or credited against the final liability of
21 the retailer's return for any subsequent month. If any
22 quarter monthly payment is not paid at the time or in the
23 amount required by this Section, the retailer shall be liable
24 for penalty and interest on the difference between the
25 minimum amount due as a payment and the amount of such
26 payment actually and timely paid, except insofar as the
27 retailer has previously made payments for that month to the
28 Department in excess of the minimum payments previously due.
29 If the Director finds that the information required for
30 the making of an accurate return cannot reasonably be
31 compiled by a retailer within 15 days after the close of the
32 calendar month for which a return is to be made, he may grant
33 an extension of time for the filing of such return for a
34 period of not to exceed 31 calendar days. The granting of
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1 such an extension may be conditioned upon the deposit by the
2 retailer with the Department of an amount of money not
3 exceeding the amount estimated by the Director to be due with
4 the return so extended. All such deposits, including any
5 heretofore made with the Department, shall be credited
6 against the retailer's liabilities under this Article. If
7 any such deposit exceeds the retailer's present and probable
8 future liabilities under this Article, the Department shall
9 issue to the retailer a credit memorandum, which may be
10 assigned by the retailer to a similar retailer under this
11 Article, in accordance with reasonable rules and regulations
12 to be prescribed by the Department.
13 The retailer making the return herein provided for shall,
14 at the time of making such return, pay to the Department the
15 amount of tax herein imposed. On and after the effective date
16 of this Article of 1985, $1,000,000 of the moneys received by
17 the Department of Revenue pursuant to this Article shall be
18 paid each month into the Common School Fund and the remainder
19 into the General Revenue Fund. On and after February 1, 1998,
20 however, of the moneys received by the Department of Revenue
21 pursuant to the additional taxes imposed by this amendatory
22 Act of 1997 one-half shall be deposited into the School
23 Infrastructure Fund and one-half shall be deposited into the
24 Common School Fund. On and after the effective date of this
25 amendatory Act of the 91st General Assembly, if in any fiscal
26 year the total of the moneys deposited into the School
27 Infrastructure Fund under this Act is less than the total of
28 the moneys deposited into that Fund from the additional taxes
29 imposed by Public Act 90-548 during fiscal year 1999, then,
30 as soon as possible after the close of the fiscal year, the
31 Comptroller shall order transferred and the Treasurer shall
32 transfer from the General Revenue Fund to the School
33 Infrastructure Fund an amount equal to the difference between
34 the fiscal year total deposits and the total amount deposited
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1 into the Fund in fiscal year 1999.
2 (Source: P.A. 90-16, eff. 6-16-97; 90-548, eff. 12-4-97.)";
3 and
4 in Section 30, in Sec. 8-11-2, in subsection (d), in the
5 sentence beginning ""Prepaid calling card arrangement" does",
6 by replacing "invoice issued to" with "account for"; and
7 in Section 30, in Sec. 8-11-17, in subsection (c), in item
8 (12), in the sentence beginning ""Prepaid calling card
9 arrangement" does", by replacing "invoice issued to" with
10 "account for".