Full Text of HB5412 103rd General Assembly
HB5412enr 103RD GENERAL ASSEMBLY |
| | HB5412 Enrolled | | LRB103 34192 HLH 64015 b |
|
| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Reimagining Energy and Vehicles in Illinois | 5 | | Act is amended by changing Section 30 as follows: | 6 | | (20 ILCS 686/30)
| 7 | | Sec. 30. Tax credit awards. | 8 | | (a) Subject to the conditions set forth in this Act, a | 9 | | taxpayer is entitled to a credit against the tax imposed | 10 | | pursuant to subsections (a) and (b) of Section 201 of the | 11 | | Illinois Income Tax Act for a taxable year beginning on or | 12 | | after January 1, 2025 if the taxpayer is awarded a credit by | 13 | | the Department in accordance with an agreement under this Act. | 14 | | The Department has authority to award credits under this Act | 15 | | on and after January 1, 2022. | 16 | | (b) REV Illinois Credits. A taxpayer may receive a tax | 17 | | credit against the tax imposed under subsections (a) and (b) | 18 | | of Section 201 of the Illinois Income Tax Act, not to exceed | 19 | | the sum of (i) 75% of the incremental income tax attributable | 20 | | to new employees at the applicant's project and (ii) 10% of the | 21 | | training costs of the new employees. If the project is located | 22 | | in an underserved area or an energy transition area, then the | 23 | | amount of the credit may not exceed the sum of (i) 100% of the |
| | | HB5412 Enrolled | - 2 - | LRB103 34192 HLH 64015 b |
|
| 1 | | incremental income tax attributable to new employees at the | 2 | | applicant's project; and (ii) 10% of the training costs of the | 3 | | new employees. The percentage of training costs includable in | 4 | | the calculation may be increased by an additional 15% for | 5 | | training costs associated with new employees that are recent | 6 | | (2 years or less) graduates, certificate holders, or | 7 | | credential recipients from an institution of higher education | 8 | | in Illinois, or, if the training is provided by an institution | 9 | | of higher education in Illinois, the Clean Jobs Workforce | 10 | | Network Program, or an apprenticeship and training program | 11 | | located in Illinois and approved by and registered with the | 12 | | United States Department of Labor's Bureau of Apprenticeship | 13 | | and Training. An applicant is also eligible for a training | 14 | | credit that shall not exceed 10% of the training costs of | 15 | | retained employees for the purpose of upskilling to meet the | 16 | | operational needs of the applicant or the REV Illinois | 17 | | Project. The percentage of training costs includable in the | 18 | | calculation shall not exceed a total of 25%. If an applicant | 19 | | agrees to hire the required number of new employees, then the | 20 | | maximum amount of the credit for that applicant may be | 21 | | increased by an amount not to exceed 75% of the incremental | 22 | | income tax attributable to retained employees at the | 23 | | applicant's project; provided that, in order to receive the | 24 | | increase for retained employees, the applicant must, if | 25 | | applicable, meet or exceed the statewide baseline. For | 26 | | agreements entered into on or after the effective date of this |
| | | HB5412 Enrolled | - 3 - | LRB103 34192 HLH 64015 b |
|
| 1 | | amendatory Act of the 103rd General Assembly and before June | 2 | | 1, 2024 that qualify under paragraph (5) of subsection (c) of | 3 | | Section 20, a taxpayer may receive a tax credit not to exceed | 4 | | 75% of the incremental income tax attributable to retained | 5 | | employees at the applicant's project. If the project is in an | 6 | | underserved area or an energy transition area and qualifies | 7 | | under paragraph (5) of subsection (c) of Section 20, then the | 8 | | maximum amount of the credit attributable to retained | 9 | | employees for the applicant may be increased to an amount not | 10 | | to exceed 100% of the incremental income tax attributable to | 11 | | retained employees at the applicant's project. | 12 | | If the Project is in an underserved area or an energy | 13 | | transition area, the maximum amount of the credit attributable | 14 | | to retained employees for the applicant may be increased to an | 15 | | amount not to exceed 100% of the incremental income tax | 16 | | attributable to retained employees at the applicant's project; | 17 | | provided that, in order to receive the increase for retained | 18 | | employees, the applicant must meet or exceed the statewide | 19 | | baseline. REV Illinois Credits awarded may include credit | 20 | | earned for incremental income tax withheld and training costs | 21 | | incurred by the taxpayer beginning on or after January 1, | 22 | | 2022. Credits so earned and certified by the Department may be | 23 | | applied against the tax imposed by subsections (a) and (b) of | 24 | | Section 201 of the Illinois Income Tax Act for taxable years | 25 | | beginning on or after January 1, 2025. | 26 | | (c) REV Construction Jobs Credit. For construction wages |
| | | HB5412 Enrolled | - 4 - | LRB103 34192 HLH 64015 b |
|
| 1 | | associated with a project that qualified for a REV Illinois | 2 | | Credit under subsection (b), the taxpayer may receive a tax | 3 | | credit against the tax imposed under subsections (a) and (b) | 4 | | of Section 201 of the Illinois Income Tax Act in an amount | 5 | | equal to 50% of the incremental income tax attributable to | 6 | | construction wages paid in connection with construction of the | 7 | | project facilities, as a jobs credit for workers hired to | 8 | | construct the project. | 9 | | The REV Construction Jobs Credit may not exceed 75% of the | 10 | | amount of the incremental income tax attributable to | 11 | | construction wages paid in connection with construction of the | 12 | | project facilities if the project is in an underserved area or | 13 | | an energy transition area. | 14 | | (d) The Department shall certify to the Department of | 15 | | Revenue: (1) the identity of Taxpayers that are eligible for | 16 | | the REV Illinois Credit and REV Construction Jobs Credit; (2) | 17 | | the amount of the REV Illinois Credits and REV Construction | 18 | | Jobs Credits awarded in each calendar year; and (3) the amount | 19 | | of the REV Illinois Credit and REV Construction Jobs Credit | 20 | | claimed in each calendar year. REV Illinois Credits awarded | 21 | | may include credit earned for Incremental Income Tax withheld | 22 | | and Training Costs incurred by the Taxpayer beginning on or | 23 | | after January 1, 2022. Credits so earned and certified by the | 24 | | Department may be applied against the tax imposed by Section | 25 | | 201(a) and (b) of the Illinois Income Tax Act for taxable years | 26 | | beginning on or after January 1, 2025. |
| | | HB5412 Enrolled | - 5 - | LRB103 34192 HLH 64015 b |
|
| 1 | | (e) Applicants seeking certification for tax credits | 2 | | related to the construction of the project facilities in the | 3 | | State shall require the contractor to enter into a project | 4 | | labor agreement that conforms with the Project Labor | 5 | | Agreements Act. | 6 | | (f) Any applicant issued a certificate for a tax credit or | 7 | | tax exemption under this Act must annually report to the | 8 | | Department the total project tax benefits received. Reports | 9 | | are due no later than May 31 of each year and shall cover the | 10 | | previous calendar year. The first report is for the 2022 | 11 | | calendar year and is due no later than May 31, 2023. Failure to | 12 | | report data may result in ineligibility to receive incentives. | 13 | | The Department, in consultation with the Department of | 14 | | Revenue, is authorized to adopt rules governing ineligibility | 15 | | to receive exemptions, including the length of ineligibility. | 16 | | Factors to be considered in determining whether a business is | 17 | | ineligible shall include, but are not limited to, prior | 18 | | compliance with the reporting requirements, cooperation in | 19 | | discontinuing and correcting violations, the extent of the | 20 | | violation, and whether the violation was willful or | 21 | | inadvertent. | 22 | | For applicants issued a certificate of exemption under | 23 | | Section 105 of this Act, the report shall be the same as | 24 | | required for a High Impact Business under subsection (a-5) of | 25 | | Section 8.1 of the Illinois Enterprise Zone Act. Failure to | 26 | | report data may result in revocation of the building materials |
| | | HB5412 Enrolled | - 6 - | LRB103 34192 HLH 64015 b |
|
| 1 | | exemption certificate issued to a taxpayer. The Department of | 2 | | Revenue is authorized to adopt rules governing revocation | 3 | | determinations, including the length of revocation. Factors to | 4 | | be considered in revocations shall include, but are not | 5 | | limited to, prior compliance with the reporting requirements, | 6 | | cooperation in discontinuing and correcting violations, and | 7 | | whether the certificate was used unlawfully during the | 8 | | preceding year. | 9 | | Each person required to file a return under the Gas | 10 | | Revenue Tax Act, the Electricity Excise Tax Law, or the | 11 | | Telecommunications Excise Tax Act shall file a report | 12 | | containing information about customers that are issued an | 13 | | exemption certificate under Section 95 of this Act in the same | 14 | | manner and form as they are required to report under | 15 | | subsection (b) of Section 8.1 of the Illinois Enterprise Zone | 16 | | Act. | 17 | | (g) Nothing in this Act shall prohibit an award of credit | 18 | | to an applicant that uses a PEO if all other award criteria are | 19 | | satisfied. | 20 | | (h) With respect to any portion of a REV Illinois Credit | 21 | | that is based on the incremental income tax attributable to | 22 | | new employees or retained employees, in lieu of the Credit | 23 | | allowed under this Act against the taxes imposed pursuant to | 24 | | subsections (a) and (b) of Section 201 of the Illinois Income | 25 | | Tax Act, a taxpayer that otherwise meets the criteria set | 26 | | forth in this Section, the taxpayer may elect to claim the |
| | | HB5412 Enrolled | - 7 - | LRB103 34192 HLH 64015 b |
|
| 1 | | credit, on or after January 1, 2025, against its obligation to | 2 | | pay over withholding under Section 704A of the Illinois Income | 3 | | Tax Act. The election shall be made in the manner prescribed by | 4 | | the Department of Revenue and once made shall be irrevocable.
| 5 | | (i) The Department of Revenue, in its discretion, may | 6 | | require that the reports filed under this Section be submitted | 7 | | electronically. | 8 | | (j) The Department of Revenue shall have the authority to | 9 | | adopt rules as are reasonable and necessary to implement the | 10 | | provisions of this Section. | 11 | | (Source: P.A. 102-669, eff. 11-16-21; 102-1112, eff. 12-21-22; | 12 | | 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23.) | 13 | | Section 10. The Manufacturing Illinois Chips for Real | 14 | | Opportunity (MICRO) Act is amended by changing Section 110-30 | 15 | | as follows: | 16 | | (35 ILCS 45/110-30)
| 17 | | Sec. 110-30. Tax credit awards. | 18 | | (a) Subject to the conditions set forth in this Act, a | 19 | | taxpayer is entitled to a credit against the tax imposed | 20 | | pursuant to subsections (a) and (b) of Section 201 of the | 21 | | Illinois Income Tax Act for a taxable year beginning on or | 22 | | after January 1, 2025 if the taxpayer is awarded a credit by | 23 | | the Department in accordance with an agreement under this Act. | 24 | | The Department has authority to award credits under this Act |
| | | HB5412 Enrolled | - 8 - | LRB103 34192 HLH 64015 b |
|
| 1 | | on and after January 1, 2023. | 2 | | (b) A taxpayer may receive a tax credit against the tax | 3 | | imposed under subsections (a) and (b) of Section 201 of the | 4 | | Illinois Income Tax Act, not to exceed the sum of (i) 75% of | 5 | | the incremental income tax attributable to new employees at | 6 | | the applicant's project and (ii) 10% of the training costs of | 7 | | the new employees. If the project is located in an underserved | 8 | | area or an energy transition area, then the amount of the | 9 | | credit may not exceed the sum of (i) 100% of the incremental | 10 | | income tax attributable to new employees at the applicant's | 11 | | project; and (ii) 10% of the training costs of the new | 12 | | employees. The percentage of training costs includable in the | 13 | | calculation may be increased by an additional 15% for training | 14 | | costs associated with new employees that are recent (2 years | 15 | | or less) graduates, certificate holders, or credential | 16 | | recipients from an institution of higher education in | 17 | | Illinois, or, if the training is provided by an institution of | 18 | | higher education in Illinois, the Clean Jobs Workforce Network | 19 | | Program, or an apprenticeship and training program located in | 20 | | Illinois and approved by and registered with the United States | 21 | | Department of Labor's Bureau of Apprenticeship and Training. | 22 | | An applicant is also eligible for a training credit that shall | 23 | | not exceed 10% of the training costs of retained employees for | 24 | | the purpose of upskilling to meet the operational needs of the | 25 | | applicant or the project. The percentage of training costs | 26 | | includable in the calculation shall not exceed a total of 25%. |
| | | HB5412 Enrolled | - 9 - | LRB103 34192 HLH 64015 b |
|
| 1 | | If an applicant agrees to hire the required number of new | 2 | | employees, then the maximum amount of the credit for that | 3 | | applicant may be increased by an amount not to exceed 75% of | 4 | | the incremental income tax attributable to retained employees | 5 | | at the applicant's project; provided that, in order to receive | 6 | | the increase for retained employees, the applicant must, if | 7 | | applicable, meet or exceed the statewide baseline. If the | 8 | | Project is in an underserved area or an energy transition | 9 | | area, the maximum amount of the credit attributable to | 10 | | retained employees for the applicant may be increased to an | 11 | | amount not to exceed 100% of the incremental income tax | 12 | | attributable to retained employees at the applicant's project; | 13 | | provided that, in order to receive the increase for retained | 14 | | employees, the applicant must meet or exceed the statewide | 15 | | baseline. Credits awarded may include credit earned for | 16 | | incremental income tax withheld and training costs incurred by | 17 | | the taxpayer beginning on or after January 1, 2023. Credits so | 18 | | earned and certified by the Department may be applied against | 19 | | the tax imposed by subsections (a) and (b) of Section 201 of | 20 | | the Illinois Income Tax Act for taxable years beginning on or | 21 | | after January 1, 2025. | 22 | | (c) MICRO Construction Jobs Credit. For construction wages | 23 | | associated with a project that qualified for a credit under | 24 | | subsection (b), the taxpayer may receive a tax credit against | 25 | | the tax imposed under subsections (a) and (b) of Section 201 of | 26 | | the Illinois Income Tax Act in an amount equal to 50% of the |
| | | HB5412 Enrolled | - 10 - | LRB103 34192 HLH 64015 b |
|
| 1 | | incremental income tax attributable to construction wages paid | 2 | | in connection with construction of the project facilities, as | 3 | | a jobs credit for workers hired to construct the project. | 4 | | The MICRO Construction Jobs Credit may not exceed 75% of | 5 | | the amount of the incremental income tax attributable to | 6 | | construction wages paid in connection with construction of the | 7 | | project facilities if the project is in an underserved area or | 8 | | an energy transition area. | 9 | | (d) The Department shall certify to the Department of | 10 | | Revenue: (1) the identity of taxpayers that are eligible for | 11 | | the MICRO Credit and MICRO Construction Jobs Credit; (2) the | 12 | | amount of the MICRO Credits and MICRO Construction Jobs | 13 | | Credits awarded in each calendar year; and (3) the amount of | 14 | | the MICRO Credit and MICRO Construction Jobs Credit claimed in | 15 | | each calendar year. MICRO Credits awarded may include credit | 16 | | earned for incremental income tax withheld and training costs | 17 | | incurred by the taxpayer beginning on or after January 1, | 18 | | 2023. Credits so earned and certified by the Department may be | 19 | | applied against the tax imposed by Section 201(a) and (b) of | 20 | | the Illinois Income Tax Act for taxable years beginning on or | 21 | | after January 1, 2025. | 22 | | (e) Applicants seeking certification for a tax credits | 23 | | related to the construction of the project facilities in the | 24 | | State shall require the contractor to enter into a project | 25 | | labor agreement that conforms with the Project Labor | 26 | | Agreements Act. |
| | | HB5412 Enrolled | - 11 - | LRB103 34192 HLH 64015 b |
|
| 1 | | (f) Any applicant issued a certificate for a tax credit or | 2 | | tax exemption under this Act must annually report to the | 3 | | Department the total project tax benefits received. Reports | 4 | | are due no later than May 31 of each year and shall cover the | 5 | | previous calendar year. The first report is for the 2023 | 6 | | calendar year and is due no later than May 31, 2023. Failure to | 7 | | report data may result in ineligibility to receive incentives. | 8 | | The Department, in consultation with the Department of | 9 | | Revenue, is authorized to adopt rules governing ineligibility | 10 | | to receive exemptions, including the length of ineligibility. | 11 | | Factors to be considered in determining whether a business is | 12 | | ineligible shall include, but are not limited to, prior | 13 | | compliance with the reporting requirements, cooperation in | 14 | | discontinuing and correcting violations, the extent of the | 15 | | violation, and whether the violation was willful or | 16 | | inadvertent. | 17 | | For applicants issued a certificate of exemption under | 18 | | Section 110-105 of this Act, the report shall be the same as | 19 | | required for a High Impact Business under subsection (a-5) of | 20 | | Section 8.1 of the Illinois Enterprise Zone Act. Failure to | 21 | | report data may result in revocation of the building materials | 22 | | exemption certificate issued to a taxpayer. The Department of | 23 | | Revenue is authorized to adopt rules governing revocation | 24 | | determinations, including the length of revocation. Factors to | 25 | | be considered in revocations shall include, but are not | 26 | | limited to, prior compliance with the reporting requirements, |
| | | HB5412 Enrolled | - 12 - | LRB103 34192 HLH 64015 b |
|
| 1 | | cooperation in discontinuing and correcting violations, and | 2 | | whether the certificate was used unlawfully during the | 3 | | preceding year. | 4 | | Each person required to file a return under the Gas | 5 | | Revenue Tax Act, the Electricity Excise Tax Act, or the | 6 | | Telecommunications Excise Tax Act shall file a report on | 7 | | customers issued an exemption certificate under Section 110-95 | 8 | | of this Act in the same manner and form as they are required to | 9 | | report under subsection (b) of Section 8.1 of the Illinois | 10 | | Enterprise Zone Act. | 11 | | (g) Nothing in this Act shall prohibit an award of credit | 12 | | to an applicant that uses a PEO if all other award criteria are | 13 | | satisfied. | 14 | | (h) With respect to any portion of a credit that is based | 15 | | on the incremental income tax attributable to new employees or | 16 | | retained employees, in lieu of the credit allowed under this | 17 | | Act against the taxes imposed pursuant to subsections (a) and | 18 | | (b) of Section 201 of the Illinois Income Tax Act, a taxpayer | 19 | | that otherwise meets the criteria set forth in this Section, | 20 | | the taxpayer may elect to claim the credit, on or after January | 21 | | 1, 2025, against its obligation to pay over withholding under | 22 | | Section 704A of the Illinois Income Tax Act. The election | 23 | | shall be made in the manner prescribed by the Department of | 24 | | Revenue and once made shall be irrevocable.
| 25 | | (i) The Department of Revenue, in its discretion, may | 26 | | require that the reports filed under this Section be submitted |
| | | HB5412 Enrolled | - 13 - | LRB103 34192 HLH 64015 b |
|
| 1 | | electronically. | 2 | | (j) The Department of Revenue shall have the authority to | 3 | | adopt rules as are reasonable and necessary to implement the | 4 | | provisions of this Section. | 5 | | (Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; | 6 | | revised 4-5-23.) | 7 | | Section 15. The Retailers' Occupation Tax Act is amended | 8 | | by changing Sections 5m and 5n as follows: | 9 | | (35 ILCS 120/5m) | 10 | | Sec. 5m. Building materials exemption; REV Illinois | 11 | | projects. Each retailer who makes a sale of building materials | 12 | | that will be incorporated into a REV Illinois Project for | 13 | | which a certificate of exemption has been issued by the | 14 | | Department of Commerce and Economic Opportunity under Section | 15 | | 105 of the Reimagining Energy and Vehicles in Illinois Act may | 16 | | deduct receipts from those sales when calculating any State or | 17 | | local use and occupation taxes. No retailer who is eligible | 18 | | for the deduction or credit under Section 5k of this Act | 19 | | related to enterprise zones or Section 5l of this Act related | 20 | | to High Impact Businesses for a given sale shall be eligible | 21 | | for the deduction or credit authorized under this Section for | 22 | | that same sale. | 23 | | To In addition to any other requirements to document the | 24 | | exemption allowed under this Section, the retailer must obtain |
| | | HB5412 Enrolled | - 14 - | LRB103 34192 HLH 64015 b |
|
| 1 | | from the purchaser the purchaser's REV Illinois Building | 2 | | Materials Exemption certificate number issued by the | 3 | | Department and a certification that contains: . | 4 | | (1) a statement that the building materials are being | 5 | | purchased for incorporation into a REV Illinois Project; | 6 | | (2) the location or address of the real estate into | 7 | | which the building materials will be incorporated; | 8 | | (3) the name and address of the construction | 9 | | contractor or other entity; | 10 | | (4) a description of the building materials being | 11 | | purchased; | 12 | | (5) the purchaser's REV Illinois Building Materials | 13 | | Exemption Certificate number issued by the Department of | 14 | | Revenue; and | 15 | | (6) the purchaser's signature and date of purchase. | 16 | | A construction contractor or other entity shall not make | 17 | | tax-free purchases under this Section unless it has an active | 18 | | REV Illinois Building Materials Exemption Certificate issued | 19 | | by the Department at the time of purchase. | 20 | | Upon request from the certified manufacturer, the | 21 | | Department shall issue a REV Illinois Building Materials | 22 | | Exemption Certificate for each construction contractor or | 23 | | other entity identified by the certified manufacturer. The | 24 | | Department shall make the REV Illinois Building Materials | 25 | | Exemption Certificates available to each construction | 26 | | contractor or other entity identified by the certified |
| | | HB5412 Enrolled | - 15 - | LRB103 34192 HLH 64015 b |
|
| 1 | | manufacturer and to the certified manufacturer. The request | 2 | | for REV Illinois Building Materials Exemption Certificates | 3 | | under this Section must include the following information: | 4 | | (1) the name and address of the construction | 5 | | contractor or other entity; | 6 | | (2) the name and location or address of the building | 7 | | project site; | 8 | | (3) the estimated amount of the exemption for each | 9 | | construction contractor or other entity for which a | 10 | | request for a REV Illinois Building Materials Exemption | 11 | | Certificate is made, based on a stated estimated average | 12 | | tax rate and the percentage of the contract that consists | 13 | | of materials; | 14 | | (4) the period of time over which supplies for the | 15 | | project are expected to be purchased; and | 16 | | (5) other reasonable information as the Department may | 17 | | require, including but not limited to FEIN numbers, to | 18 | | determine if the contractor or other entity, or any | 19 | | partner, or a corporate officer, and in the case of a | 20 | | limited liability company, any manager or member, of the | 21 | | construction contractor or other entity, is or has been | 22 | | the owner, a partner, a corporate officer, and in the case | 23 | | of a limited liability company, a manager or member, of a | 24 | | person that is in default for moneys due to the Department | 25 | | under this Act or any other tax or fee Act administered by | 26 | | the Department. |
| | | HB5412 Enrolled | - 16 - | LRB103 34192 HLH 64015 b |
|
| 1 | | The Department shall issue the REV Illinois Building | 2 | | Materials Exemption Certificates within 3 business days after | 3 | | receipt of the request from the certified manufacturer. This | 4 | | requirement does not apply in circumstances where the | 5 | | Department, for reasonable cause, is unable to issue the | 6 | | Exemption Certificate within 3 business days. The Department | 7 | | may refuse to issue a REV Illinois Building Materials | 8 | | Exemption Certificate if the owner, any partner, or a | 9 | | corporate officer, and in the case of a limited liability | 10 | | company, any manager or member, of the construction contractor | 11 | | or other entity is or has been the owner, a partner, a | 12 | | corporate officer, and in the case of a limited liability | 13 | | company, a manager or member, of a person that is in default | 14 | | for moneys due to the Department under this Act or any other | 15 | | tax or fee Act administered by the Department. | 16 | | The REV Illinois Building Materials Exemption Certificate | 17 | | shall contain language stating that if the construction | 18 | | contractor or other entity who is issued the Exemption | 19 | | Certificate makes a tax-exempt purchase, as described in this | 20 | | Section, that is not eligible for exemption under this Section | 21 | | or allows another person to make a tax-exempt purchase, as | 22 | | described in this Section, that is not eligible for exemption | 23 | | under this Section, then, in addition to any tax or other | 24 | | penalty imposed, the construction contractor or other entity | 25 | | is subject to a penalty equal to the tax that would have been | 26 | | paid by the retailer under this Act as well as any applicable |
| | | HB5412 Enrolled | - 17 - | LRB103 34192 HLH 64015 b |
|
| 1 | | local retailers' occupation tax on the purchase that is not | 2 | | eligible for the exemption. | 3 | | The Department, in its discretion, may require that the | 4 | | request for REV Illinois Building Materials Exemption | 5 | | Certificates be submitted electronically. The Department may, | 6 | | in its discretion, issue the Exemption Certificates | 7 | | electronically. The REV Illinois Building Materials Exemption | 8 | | Certificate number shall be designed in such a way that the | 9 | | Department can identify from the unique number on the | 10 | | Exemption Certificate issued to a given construction | 11 | | contractor or other entity, the name of the REV Illinois | 12 | | project site and the construction contractor or other entity | 13 | | to whom the Exemption Certificate is issued. The REV Illinois | 14 | | Building Materials Exemption Certificate shall contain an | 15 | | expiration date, which shall be no more than 5 years after the | 16 | | date of issuance. At the request of the certified | 17 | | manufacturer, the Department may renew a REV Illinois Building | 18 | | Materials Exemption Certificate. After the Department issues | 19 | | Exemption Certificates for a given REV Illinois project site, | 20 | | the certified manufacturer may notify the Department of | 21 | | additional construction contractors or other entities that are | 22 | | eligible for a REV Illinois Building Materials Exemption | 23 | | Certificate. Upon receiving such a notification and subject to | 24 | | the other provisions of this Section, the Department shall | 25 | | issue a REV Illinois Building Materials Exemption Certificate | 26 | | to each additional construction contractor or other entity so |
| | | HB5412 Enrolled | - 18 - | LRB103 34192 HLH 64015 b |
|
| 1 | | identified. A certified manufacturer may ask the Department to | 2 | | rescind a REV Illinois Building Materials Exemption | 3 | | Certificate previously issued by the Department to a | 4 | | construction contractor or other entity working at that | 5 | | certified manufacturer's REV Illinois project site if that REV | 6 | | Illinois Building Materials Exemption Certificate has not yet | 7 | | expired. Upon receiving such a request and subject to the | 8 | | other provisions of this Section, the Department shall issue | 9 | | the rescission of the REV Illinois Building Materials | 10 | | Exemption Certificate to the construction contractor or other | 11 | | entity identified by the certified manufacturer and provide a | 12 | | copy of the rescission to the construction contractor or other | 13 | | entity and to the certified manufacturer. | 14 | | If the Department of Revenue determines that a | 15 | | construction contractor or other entity that was issued an | 16 | | Exemption Certificate under this Section made a tax-exempt | 17 | | purchase, as described in this Section, that was not eligible | 18 | | for exemption under this Section or allowed another person to | 19 | | make a tax-exempt purchase, as described in this Section, that | 20 | | was not eligible for exemption under this Section, then, in | 21 | | addition to any tax or other penalty imposed, the construction | 22 | | contractor or other entity is subject to a penalty equal to the | 23 | | tax that would have been paid by the retailer under this Act as | 24 | | well as any applicable local retailers' occupation tax on the | 25 | | purchase that was not eligible for the exemption. | 26 | | This Section is exempt from the provisions of Section |
| | | HB5412 Enrolled | - 19 - | LRB103 34192 HLH 64015 b |
|
| 1 | | 2-70.
| 2 | | As used in this Section, "certified manufacturer" means a | 3 | | person certified by the Department of Commerce and Economic | 4 | | Opportunity under Section 105 of the Reimagining Energy and | 5 | | Vehicles in Illinois Act. | 6 | | (Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23.) | 7 | | (35 ILCS 120/5n) | 8 | | Sec. 5n. Building materials exemption; microchip and | 9 | | semiconductor manufacturing. Each retailer who makes a sale of | 10 | | building materials that will be incorporated into real estate | 11 | | in a qualified facility for which a certificate of exemption | 12 | | has been issued by the Department of Commerce and Economic | 13 | | Opportunity under Section 110-105 of the Manufacturing | 14 | | Illinois Chips for Real Opportunity (MICRO) Act, may deduct | 15 | | receipts from such sales when calculating any State or local | 16 | | use and occupation taxes. No retailer who is eligible for the | 17 | | deduction or credit under Section 5k of this Act related to | 18 | | enterprise zones or Section 5l of this Act related to High | 19 | | Impact Businesses for a given sale shall be eligible for the | 20 | | deduction or credit authorized under this Section for that | 21 | | same sale. | 22 | | To In addition to any other requirements to document the | 23 | | exemption allowed under this Section, the retailer must obtain | 24 | | from the purchaser the purchaser's exemption certificate | 25 | | number issued by the Department and a certification that |
| | | HB5412 Enrolled | - 20 - | LRB103 34192 HLH 64015 b |
|
| 1 | | contains: . | 2 | | (1) a statement that the building materials are being | 3 | | purchased for incorporation into real estate in a | 4 | | qualified facility; | 5 | | (2) the location or address of the real estate into | 6 | | which the building materials will be incorporated; | 7 | | (3) the name and address of the construction | 8 | | contractor or other entity; | 9 | | (4) a description of the building materials being | 10 | | purchased; | 11 | | (5) the purchaser's MICRO Illinois Building Materials | 12 | | Exemption Certificate number issued by the Department of | 13 | | Revenue; and | 14 | | (6) the purchaser's signature and date of purchase. | 15 | | A construction contractor or other entity shall not make | 16 | | tax-free purchases unless it has an active exemption | 17 | | certificate issued by the Department at the time of purchase. | 18 | | Upon request from a person that has been certified by the | 19 | | Department of Commerce and Economic Opportunity under the | 20 | | Manufacturing Illinois Chips for Real Opportunity (MICRO) Act, | 21 | | the Department shall issue a MICRO Illinois Building Materials | 22 | | Exemption Certificate for each construction contractor or | 23 | | other entity identified by the person so certified. The | 24 | | Department shall make the MICRO Illinois Building Materials | 25 | | Exemption Certificates available to each construction | 26 | | contractor or other entity as well as the person certified |
| | | HB5412 Enrolled | - 21 - | LRB103 34192 HLH 64015 b |
|
| 1 | | under the Manufacturing Illinois Chips for Real Opportunity | 2 | | (MICRO) Act. The request for MICRO Illinois Building Materials | 3 | | Exemption Certificates must include the following information: | 4 | | (1) the name and address of the construction | 5 | | contractor or other entity; | 6 | | (2) the name and location or address of the building | 7 | | project site; | 8 | | (3) the estimated amount of the exemption for each | 9 | | construction contractor or other entity for which a | 10 | | request for an exemption certificate is made, based on a | 11 | | stated estimated average tax rate and the percentage of | 12 | | the contract that consists of materials; | 13 | | (4) the period of time over which supplies for the | 14 | | project are expected to be purchased; and | 15 | | (5) other reasonable information as the Department may | 16 | | require, including but not limited to FEIN numbers, to | 17 | | determine if the contractor or other entity, or any | 18 | | partner, or a corporate officer, and in the case of a | 19 | | limited liability company, any manager or member, of the | 20 | | construction contractor or other entity, is or has been | 21 | | the owner, a partner, a corporate officer, and in the case | 22 | | of a limited liability company, a manager or member, of a | 23 | | person that is in default for moneys due to the Department | 24 | | under this Act or any other tax or fee Act administered by | 25 | | the Department. | 26 | | The Department shall issue the exemption certificate |
| | | HB5412 Enrolled | - 22 - | LRB103 34192 HLH 64015 b |
|
| 1 | | within 3 business days after receipt of request. This | 2 | | requirement does not apply in circumstances where the | 3 | | Department, for reasonable cause, is unable to issue the | 4 | | exemption certificate within 3 business days. The Department | 5 | | may refuse to issue an exemption certificate under this | 6 | | Section if the owner, any partner, or a corporate officer, and | 7 | | in the case of a limited liability company, any manager or | 8 | | member, of the construction contractor or other entity is or | 9 | | has been the owner, a partner, a corporate officer, and in the | 10 | | case of a limited liability company, a manager or member, of a | 11 | | person that is in default for moneys due to the Department | 12 | | under this Act or any other tax or fee Act administered by the | 13 | | Department. | 14 | | The MICRO Illinois Building Materials Exemption | 15 | | Certificate shall contain language stating that, if the | 16 | | construction contractor or other entity who is issued the | 17 | | exemption certificate makes a tax-exempt purchase, as | 18 | | described in this Section, that is not eligible for exemption | 19 | | under this Section or allows another person to make a | 20 | | tax-exempt purchase, as described in this Section, that is not | 21 | | eligible for exemption under this Section, then, in addition | 22 | | to any tax or other penalty imposed, the construction | 23 | | contractor or other entity is subject to a penalty equal to the | 24 | | tax that would have been paid by the retailer under this Act as | 25 | | well as any applicable local retailers' occupation tax on the | 26 | | purchase that is not eligible for the exemption. |
| | | HB5412 Enrolled | - 23 - | LRB103 34192 HLH 64015 b |
|
| 1 | | The Department, in its discretion, may require that the | 2 | | request for a MICRO Illinois Exemption Certificate be | 3 | | submitted electronically. The Department may, in its | 4 | | discretion, issue the exemption certificates electronically. | 5 | | The MICRO Illinois Building Materials Exemption Certificate | 6 | | number shall be designed in such a way that the Department can | 7 | | identify from the unique number on the exemption certificate | 8 | | issued to a given construction contractor or other entity, the | 9 | | name of the entity to whom the exemption certificate is | 10 | | issued. The MICRO Illinois Building Materials Exemption | 11 | | Certificate shall contain an expiration date, which shall be | 12 | | no more than 5 years after the date of issuance. At the request | 13 | | of the entity to whom the exemption certificate is issued, the | 14 | | Department may renew an exemption certificate issued under | 15 | | this Section. After the Department issues exemption | 16 | | certificates under this Section, the certified entity may | 17 | | notify the Department of additional construction contractors | 18 | | or other entities eligible for an exemption certificate under | 19 | | this Section. Upon such a notification and subject to the | 20 | | other provisions of this Section, the Department shall issue | 21 | | an exemption certificate to each additional qualified | 22 | | construction contractor or other entity so identified. A | 23 | | certified entity may notify the Department to rescind an | 24 | | exemption certificate previously issued by the Department that | 25 | | has not yet expired. Upon such a notification and subject to | 26 | | the other provisions of this Section, the Department shall |
| | | HB5412 Enrolled | - 24 - | LRB103 34192 HLH 64015 b |
|
| 1 | | rescind the exemption certificate. | 2 | | If the Department of Revenue determines that a | 3 | | construction contractor or other entity that was issued an | 4 | | exemption certificate under this Section made a tax-exempt | 5 | | purchase, as described in this Section, that was not eligible | 6 | | for exemption under this Section or allowed another person to | 7 | | make a tax-exempt purchase, as described in this Section, that | 8 | | was not eligible for exemption under this Section, then, in | 9 | | addition to any tax or other penalty imposed, the construction | 10 | | contractor or other entity is subject to a penalty equal to the | 11 | | tax that would have been paid by the retailer under this Act as | 12 | | well as any applicable local retailers' occupation tax on the | 13 | | purchase that was not eligible for the exemption. | 14 | | This Section is exempt from the provisions of Section | 15 | | 2-70.
| 16 | | (Source: P.A. 102-700, eff. 4-19-22.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
|
|