State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0313

HB1678 Enrolled                                LRB9102180PTpk

    AN ACT concerning taxes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Use  Tax  Act  is  amended by changing
Section 3-55 as follows:

    (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
    Sec. 3-55.  Multistate exemption.  To prevent  actual  or
likely  multistate taxation, the tax imposed by this Act does
not apply to the use of tangible personal  property  in  this
State under the following circumstances:
    (a)  The   use,  in  this  State,  of  tangible  personal
property  acquired  outside  this  State  by  a   nonresident
individual  and brought into this State by the individual for
his or her own use while temporarily  within  this  State  or
while passing through this State.
    (b)  The   use,  in  this  State,  of  tangible  personal
property by an interstate carrier for hire as  rolling  stock
moving  in interstate commerce or by lessors under a lease of
one year or longer executed or  in  effect  at  the  time  of
purchase of tangible personal property by interstate carriers
for-hire  for  use  as  rolling  stock  moving  in interstate
commerce as long  as  so  used  by  the  interstate  carriers
for-hire,  and  equipment  operated  by  a telecommunications
provider,  licensed  as  a  common  carrier  by  the  Federal
Communications Commission, which is permanently installed  in
or affixed to aircraft moving in interstate commerce.
    (c)  The  use,  in  this  State,  by  owners, lessors, or
shippers of tangible personal property that  is  utilized  by
interstate  carriers for hire for use as rolling stock moving
in interstate commerce as long as so used by  the  interstate
carriers    for   hire,   and   equipment   operated   by   a
telecommunications provider, licensed as a common carrier  by
the  Federal  Communications Commission, which is permanently
installed in or affixed  to  aircraft  moving  in  interstate
commerce.
    (d)  The   use,  in  this  State,  of  tangible  personal
property that is acquired outside this State and caused to be
brought into this State by a person who has  already  paid  a
tax in another State in respect to the sale, purchase, or use
of  that  property,  to  the  extent of the amount of the tax
properly due and paid in the other State.
    (e)  The temporary storage, in this  State,  of  tangible
personal  property  that  is  acquired outside this State and
that, after being brought into this  State  and  stored  here
temporarily,   is  used  solely  outside  this  State  or  is
physically attached to or incorporated  into  other  tangible
personal  property that is used solely outside this State, or
is  altered  by   converting,   fabricating,   manufacturing,
printing,  processing,  or  shaping, and, as altered, is used
solely outside this State.
    (f)  The temporary storage  in  this  State  of  building
materials and fixtures that are acquired either in this State
or  outside  this State by an Illinois registered combination
retailer and construction contractor, and that the  purchaser
thereafter  uses  outside  this  State  by incorporating that
property into real estate located outside this State.
    (g)  The use or purchase of tangible personal property by
a common carrier by rail or motor that receives the  physical
possession  of  the property in Illinois, and that transports
the property, or shares with another common  carrier  in  the
transportation of the property, out of Illinois on a standard
uniform  bill of lading showing the seller of the property as
the shipper or consignor of the  property  to  a  destination
outside Illinois, for use outside Illinois.
    (h)  The  use, in this State, of a motor vehicle that was
sold in this State to a nonresident, even  though  the  motor
vehicle is delivered to the nonresident in this State, if the
motor  vehicle  is  not  to be titled in this State, and if a
driveaway decal permit is issued  to  the  motor  vehicle  as
provided  in Section 3-603 of the Illinois Vehicle Code or if
the nonresident purchaser has vehicle registration plates  to
transfer  to  the  motor vehicle upon returning to his or her
home state.  The issuance of the driveaway  decal  permit  or
having the out-of-state registration plates to be transferred
shall be prima facie evidence that the motor vehicle will not
be titled in this State.
    (i)  Beginning  July  1, 1999, the use, in this State, of
fuel acquired outside this State and brought into this  State
in  the  fuel  supply tanks of locomotives engaged in freight
hauling and passenger service for interstate  commerce.  This
subsection is exempt from the provisions of Section 3-90.
(Source: P.A. 90-519, eff. 6-1-98; 90-552, eff. 12-12-97.)

    Section  10.   The  Service  Use  Tax  Act  is amended by
changing Section 3-45 as follows:

    (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
    Sec. 3-45.  Multistate exemption.  To prevent  actual  or
likely  multistate taxation, the tax imposed by this Act does
not apply to the use of tangible personal  property  in  this
State under the following circumstances:
    (a)  The use, in this State, of property acquired outside
this  State by a nonresident individual and brought into this
State by  the  individual  for  his  or  her  own  use  while
temporarily  within  this State or while passing through this
State.
    (b)  The use, in this State, of property that is acquired
outside this State and that is moved into this State for  use
as rolling stock moving in interstate commerce.
    (c)  The use, in this State, of property that is acquired
outside  this  State and caused to be brought into this State
by a person who has already paid a tax in  another  state  in
respect  to  the  sale, purchase, or use of that property, to
the extent of the amount of the tax properly due and paid  in
the other state.
    (d)  The  temporary  storage,  in this State, of property
that is acquired outside this  State  and  that  after  being
brought  into this State and stored here temporarily, is used
solely outside this State or is  physically  attached  to  or
incorporated  into other property that is used solely outside
this  State,  or  is  altered  by  converting,   fabricating,
manufacturing,  printing,  processing,  or  shaping,  and, as
altered, is used solely outside this State.
    (e)  Beginning July 1, 1999, the use, in this  State,  of
fuel  acquired outside this State and brought into this State
in the fuel supply tanks of locomotives  engaged  in  freight
hauling  and  passenger service for interstate commerce. This
subsection is exempt from the provisions of Section 3-75.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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