093_HB3008

 
                                     LRB093 09936 MKM 10187 b

 1        AN ACT concerning taxes.

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

 4        Section  5.  The Retailers' Occupation Tax Act is amended
 5    by changing Section 2d as follows:

 6        (35 ILCS 120/2d) (from Ch. 120, par. 441d)
 7        Sec. 2d.  Tax prepayment  by  motor  fuel  retailer.  Any
 8    person  engaged  in  the  business  of  selling motor fuel at
 9    retail, as defined in the Motor Fuel Tax Law, and who is  not
10    a  licensed  distributor or supplier, as defined in the Motor
11    Fuel Tax  Law,  shall  prepay  to  his  or  her  distributor,
12    supplier,  or  other  reseller of motor fuel a portion of the
13    tax imposed by this Act  if  the  distributor,  supplier,  or
14    other  reseller  of motor fuel is registered under Section 2a
15    or Section  2c  of  this  Act.   The  prepayment  requirement
16    provided for in this Section does not apply to liquid propane
17    gas or gasohol as defined in Section 3-40 of the Use Tax Act.
18        Beginning  on July 1, 2000 and through December 31, 2000,
19    the  Retailers'  Occupation  Tax  paid  to  the  distributor,
20    supplier, or other reseller shall be an amount equal to $0.01
21    per gallon of the motor fuel, except gasohol  as  defined  in
22    Section  2-10  of  this Act which shall be an amount equal to
23    $0.01 per gallon, purchased from the  distributor,  supplier,
24    or other reseller.
25        Before July 1, 2000 and then beginning on January 1, 2001
26    and  thereafter,  the  Retailers'  Occupation Tax paid to the
27    distributor, supplier, or other reseller shall be  an  amount
28    equal  to  $0.04 per gallon of the motor fuel, except gasohol
29    as defined in Section 2-10 of this  Act  which  shall  be  an
30    amount   equal  to  $0.03  per  gallon,  purchased  from  the
31    distributor, supplier, or other reseller.
 
                            -2-      LRB093 09936 MKM 10187 b
 1        Any person engaged in the business of selling motor  fuel
 2    at retail shall be entitled to a credit against tax due under
 3    this  Act  in  an  amount  equal  to  the  tax  paid  to  the
 4    distributor, supplier, or other reseller.
 5        Every distributor, supplier, or other reseller registered
 6    as  provided  in  Section  2a or Section 2c of this Act shall
 7    remit the prepaid tax on all motor fuel that is due from  any
 8    person  engaged  in  the  business of selling at retail motor
 9    fuel with the returns filed under Section 2f or Section 3  of
10    this  Act,  but  the  vendors  discount provided in Section 3
11    shall not  apply  to  the  amount  of  prepaid  tax  that  is
12    remitted.  Any  distributor or supplier who fails to properly
13    collect and remit the tax shall be liable for the  tax.   For
14    purposes  of this Section, the prepaid tax is due on invoiced
15    gallons sold during a month by the 20th day of the  following
16    month.
17    (Source: P.A. 91-872, eff. 7-1-00.)

18        Section  99.   Effective  date.  This Act takes effect on
19    January 1, 2004.