093_HB1243

 
                                     LRB093 05996 SJM 06097 b

 1        AN ACT in relation to taxes.

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

 4        Section  5.  The  Hotel  Operators' Occupation Tax Act is
 5    amended by changing Section 6 as follows:

 6        (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
 7        Sec. 6.  Except as provided hereinafter in this  Section,
 8    on  or  before  the  last  day  of each calendar month, every
 9    person engaged in the business of renting, leasing or letting
10    rooms in a hotel in this State during the preceding  calendar
11    month shall file a return with the Department, stating:
12             1.  The name of the operator;
13             2.  His  residence  address  and  the address of his
14        principal place  of  business  and  the  address  of  the
15        principal  place  of  business  (if  that  is a different
16        address)  from  which  he  engages  in  the  business  of
17        renting, leasing or letting rooms  in  a  hotel  in  this
18        State;
19             3.  Total  amount of rental receipts received by him
20        during the preceding calendar month from renting, leasing
21        or letting rooms during such preceding calendar month;
22             4.  Total amount of rental receipts received by  him
23        during the preceding calendar month from renting, leasing
24        or  letting  rooms  to  permanent  residents  during such
25        preceding calendar month;
26             5.  Total amount  of  other  exclusions  from  gross
27        rental receipts allowed by this Act;
28             6.  Gross rental receipts which were received by him
29        during the preceding calendar month and upon the basis of
30        which the tax is imposed;
31             7.  The amount of tax due;
 
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 1             8.  Such   other   reasonable   information  as  the
 2        Department may require.
 3        If the operator's average monthly tax  liability  to  the
 4    Department does not exceed $200, the Department may authorize
 5    his  returns  to be filed on a quarter annual basis, with the
 6    return for January, February and March of a given year  being
 7    due  by April 30 of such year; with the return for April, May
 8    and June of a given year being due by July 31 of  such  year;
 9    with  the  return  for  July, August and September of a given
10    year being due by October 31  of  such  year,  and  with  the
11    return  for  October,  November  and December of a given year
12    being due by January 31 of the following year.
13        If the operator's average monthly tax  liability  to  the
14    Department  does not exceed $50, the Department may authorize
15    his returns to be filed on an annual basis, with  the  return
16    for  a  given  year  being due by January 31 of the following
17    year.
18        Such quarter annual and annual returns, as  to  form  and
19    substance,  shall  be  subject  to  the  same requirements as
20    monthly returns.
21        Notwithstanding  any  other   provision   in   this   Act
22    concerning  the  time  within  which an operator may file his
23    return, in the case of any operator who ceases to engage in a
24    kind of business  which  makes  him  responsible  for  filing
25    returns  under  this  Act,  such  operator shall file a final
26    return under this Act with the Department  not  more  than  1
27    month after discontinuing such business.
28        Where the same person has more than 1 business registered
29    with  the  Department under separate registrations under this
30    Act, such person shall not file each return that is due as  a
31    single  return  covering  all such registered businesses, but
32    shall  file  separate  returns  for  each   such   registered
33    business.
34        In  his return, the operator shall determine the value of
 
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 1    any  consideration  other  than  money  received  by  him  in
 2    connection with the renting, leasing or letting of  rooms  in
 3    the course of his business and he shall include such value in
 4    his  return.   Such  determination shall be subject to review
 5    and revision by the  Department  in  the  manner  hereinafter
 6    provided for the correction of returns.
 7        Where  the operator is a corporation, the return filed on
 8    behalf of such corporation shall be signed by the  president,
 9    vice-president,  secretary  or  treasurer  or by the properly
10    accredited agent of such corporation.
11        The person filing the return herein provided  for  shall,
12    at  the time of filing such return, pay to the Department the
13    amount of tax herein imposed. The operator filing the  return
14    under  this Section shall, at the time of filing such return,
15    pay to the Department the amount of tax imposed by  this  Act
16    less  a  discount of 2.1% or $25 per calendar year, whichever
17    is greater, which is allowed to reimburse  the  operator  for
18    the  expenses  incurred  in  keeping  records,  preparing and
19    filing returns, remitting the tax and supplying data  to  the
20    Department on request.
21        There  shall  be  deposited in the Build Illinois Fund in
22    the State Treasury for each State  fiscal  year  40%  of  the
23    amount  of  total  net  proceeds  from  the  tax  imposed  by
24    subsection (a) of Section 3. Of the remaining 60%, $5,000,000
25    shall be deposited in the Illinois Sports Facilities Fund and
26    credited  to  the  Subsidy Account each fiscal year by making
27    monthly deposits in the amount  of  1/8  of  $5,000,000  plus
28    cumulative  deficiencies  in  such deposits for prior months,
29    and an  additional  $8,000,000  shall  be  deposited  in  the
30    Illinois  Sports  Facilities Fund and credited to the Advance
31    Account each fiscal year by making monthly  deposits  in  the
32    amount  of 1/8 of $8,000,000 plus any cumulative deficiencies
33    in such deposits for prior months; provided, that for  fiscal
34    years  ending  after  June  30,  2001,  the  amount  to be so
 
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 1    deposited  into  the  Illinois  Sports  Facilities  Fund  and
 2    credited to the Advance Account each  fiscal  year  shall  be
 3    increased  from  $8,000,000  to  the  then applicable Advance
 4    Amount and the required monthly deposits beginning with  July
 5    2001  shall  be  in  the amount of 1/8 of the then applicable
 6    Advance Amount plus  any  cumulative  deficiencies  in  those
 7    deposits  for  prior months.  (The deposits of the additional
 8    $8,000,000  or  the  then  applicable  Advance   Amount,   as
 9    applicable,  during  each  fiscal  year  shall  be treated as
10    advances of funds to the Illinois Sports Facilities Authority
11    for  its  corporate  purposes  to  the  extent  paid  to  the
12    Authority or its trustee and shall be repaid into the General
13    Revenue Fund in the State Treasury by the State Treasurer  on
14    behalf  of  the  Authority  pursuant  to  Section  19  of the
15    Illinois Sports Facilities Authority Act, as amended.  If  in
16    any  fiscal  year  the  full  amount  of  the then applicable
17    Advance Amount is not repaid into the General  Revenue  Fund,
18    then  the  deficiency  shall  be  paid from the amount in the
19    Local Government Distributive Fund that  would  otherwise  be
20    allocated  to  the  City  of  Chicago under the State Revenue
21    Sharing Act.)
22        For  purposes  of  the  foregoing  paragraph,  the   term
23    "Advance  Amount"  means,  for fiscal year 2002, $22,179,000,
24    and for subsequent fiscal years  through  fiscal  year  2032,
25    105.615%  of the Advance Amount for the immediately preceding
26    fiscal year, rounded up to the nearest $1,000.
27        Of the remaining 60% of the amount of total net  proceeds
28    from the tax imposed by subsection (a) of Section 3 after all
29    required deposits in the Illinois Sports Facilities Fund, the
30    amount equal to 8% of the net revenue realized from the Hotel
31    Operators'  Occupation  Tax Act plus an amount equal to 8% of
32    the net revenue realized from any tax imposed  under  Section
33    4.05  of  the  Chicago World's Fair-1992 Authority Act during
34    the preceding month shall be deposited in the  Local  Tourism
 
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 1    Fund each month for purposes authorized by Section 605-705 of
 2    the Department of Commerce and Community Affairs Law (20 ILCS
 3    605/605-705)  in  the  Local Tourism Fund, and from beginning
 4    August 1, 1999 through July 1,  2003,  the  amount  equal  to
 5    4.5%, and beginning August 1, 2003 the amount equal to 6%, of
 6    the net revenue realized from the Hotel Operators' Occupation
 7    Tax  Act  during  the preceding month shall be deposited into
 8    the International Tourism Fund for the purposes authorized in
 9    Section 605-707 605-725 of the  Department  of  Commerce  and
10    Community  Affairs  Law.   "Net revenue realized for a month"
11    means the revenue collected  by  the  State  under  that  Act
12    during  the  previous  month  less the amount paid out during
13    that same month as refunds to taxpayers  for  overpayment  of
14    liability under that Act.
15        After  making  all  these deposits, all other proceeds of
16    the tax imposed under subsection (a) of Section  3  shall  be
17    deposited  in the General Revenue Fund in the State Treasury.
18    All moneys received by the Department from the additional tax
19    imposed under subsection (b) of Section 3 shall be  deposited
20    into the Build Illinois Fund in the State Treasury.
21        The  Department  may,  upon  separate written notice to a
22    taxpayer, require the taxpayer to prepare and file  with  the
23    Department  on a form prescribed by the Department within not
24    less than 60 days after  receipt  of  the  notice  an  annual
25    information  return for the tax year specified in the notice.
26    Such  annual  return  to  the  Department  shall  include   a
27    statement  of  gross receipts as shown by the operator's last
28    State income tax  return.   If  the  total  receipts  of  the
29    business  as  reported  in the State income tax return do not
30    agree with the gross receipts reported to the Department  for
31    the  same  period,  the  operator  shall attach to his annual
32    information return a schedule showing a reconciliation of the
33    2 amounts and the reasons for the difference.  The operator's
34    annual  information  return  to  the  Department  shall  also
 
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 1    disclose pay roll  information  of  the  operator's  business
 2    during  the  year  covered  by such return and any additional
 3    reasonable information which the Department  deems  would  be
 4    helpful in determining the accuracy of the monthly, quarterly
 5    or  annual  tax  returns  by  such  operator  as hereinbefore
 6    provided for in this Section.
 7        If the annual information return required by this Section
 8    is not filed when and  as  required  the  taxpayer  shall  be
 9    liable  for  a  penalty in an amount determined in accordance
10    with Section 3-4 of the  Uniform  Penalty  and  Interest  Act
11    until  such  return  is  filed as required, the penalty to be
12    assessed and collected  in  the  same  manner  as  any  other
13    penalty provided for in this Act.
14        The chief executive officer, proprietor, owner or highest
15    ranking  manager  shall sign the annual return to certify the
16    accuracy of the information contained  therein.   Any  person
17    who  willfully  signs  the  annual return containing false or
18    inaccurate  information  shall  be  guilty  of  perjury   and
19    punished  accordingly.   The annual return form prescribed by
20    the Department  shall  include  a  warning  that  the  person
21    signing the return may be liable for perjury.
22        The  foregoing  portion  of  this  Section concerning the
23    filing of an annual information return shall not apply to  an
24    operator  who  is  not  required to file an income tax return
25    with the United States Government.
26    (Source: P.A. 91-239,  eff.  1-1-00;  91-604,  eff.  8-16-99;
27    91-935,  eff.  6-1-01;  92-16,  eff.  6-28-01;  92-600,  eff.
28    6-28-02; revised 12-17-02.)

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