(35 ILCS 120/5m)
    Sec. 5m. Building materials exemption; electric vehicle manufacturer, electric vehicle component parts manufacturer, and electric vehicle power supply manufacturer. Each retailer who makes a sale of building materials that will be incorporated into real estate in an electric vehicle manufacturing facility, an electric vehicle component parts manufacturing facility, or an electric vehicle power supply manufacturing facility REV Illinois Project which meets the qualifications under paragraphs (1), (2), or (4) of subsection (c) of Section 20 of the Reimagining Electric Vehicles in Illinois Act for which a certificate of exemption has been issued by the Department of Commerce and Economic Opportunity under the Reimagining Electric Vehicles in Illinois Act, may deduct receipts from such sales when calculating any State or local use and occupation taxes. No retailer who is eligible for the deduction or credit under Section 5k of this Act related to enterprise zones or Section 5l of this Act related to High Impact Businesses for a given sale shall be eligible for the deduction or credit authorized under this Section for that same sale.
    In addition to any other requirements to document the exemption allowed under this Section, the retailer must obtain from the purchaser's REV Illinois Building Materials Exemption certificate number issued by the Department. A construction contractor or other entity shall not make tax-free purchases unless it has an active REV Illinois Building Materials Exemption Certificate issued by the Department at the time of purchase.
    Upon request from the electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer certified by the Department of Commerce and Economic Opportunity under REV Illinois Act, the Department shall issue a REV Illinois Building Materials Exemption Certificate for each construction contractor or other entity identified by the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer. The Department shall make the REV Illinois Building Materials Exemption Certificates available to each construction contractor or other entity and the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer. The request for REV Illinois Building Materials Exemption Certificates from the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer to the Department must include the following information:
        (1) the name and address of the construction
    
contractor or other entity;
        (2) the name and location or address of the building
    
project site;
        (3) the estimated amount of the exemption for each
    
construction contractor or other entity for which a request for a REV Illinois Building Materials Exemption Certificate is made, based on a stated estimated average tax rate and the percentage of the contract that consists of materials;
        (4) the period of time over which supplies for the
    
project are expected to be purchased; and
        (5) other reasonable information as the Department
    
may require, including but not limited to FEIN numbers, to determine if the contractor or other entity, or any partner, or a corporate officer, and in the case of a limited liability company, any manager or member, of the construction contractor or other entity, is or has been the owner, a partner, a corporate officer, and in the case of a limited liability company, a manager or member, of a person that is in default for moneys due to the Department under this Act or any other tax or fee Act administered by the Department.
    The Department shall issue the REV Illinois Building Materials Exemption Certificates within 3 business days after receipt of request from the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer. This requirement does not apply in circumstances where the Department, for reasonable cause, is unable to issue the Exemption Certificate within 3 business days. The Department may refuse to issue a REV Illinois Building Materials Exemption Certificate if the owner, any partner, or a corporate officer, and in the case of a limited liability company, any manager or member, of the construction contractor or other entity is or has been the owner, a partner, a corporate officer, and in the case of a limited liability company, a manager or member, of a person that is in default for moneys due to the Department under this Act or any other tax or fee Act administered by the Department.
    The REV Illinois Building Materials Exemption Certificate shall contain language stating that if the construction contractor or other entity who is issued the Exemption Certificate makes a tax-exempt purchase, as described in this Section, that is not eligible for exemption under this Section or allows another person to make a tax-exempt purchase, as described in this Section, that is not eligible for exemption under this Section, then, in addition to any tax or other penalty imposed, the construction contractor or other entity is subject to a penalty equal to the tax that would have been paid by the retailer under this Act as well as any applicable local retailers' occupation tax on the purchase that is not eligible for the exemption.
    The Department, in its discretion, may require that the request for REV Illinois Building Materials Exemption Certificates be submitted electronically. The Department may, in its discretion, issue the Exemption Certificates electronically. The REV Illinois Building Materials Exemption Certificate number shall be designed in such a way that the Department can identify from the unique number on the Exemption Certificate issued to a given construction contractor or other entity, the name of the designated electric vehicle manufacturing, electric vehicle component parts manufacturing, or electric vehicle power supply manufacturing site and the construction contractor or other entity to whom the Exemption Certificate is issued. The REV Illinois Building Materials Exemption Certificate shall contain an expiration date, which shall be no more than 5 years after the date of issuance. At the request of the designated certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer, the Department may renew a REV Illinois Building Materials Exemption Certificate. After the Department issues Exemption Certificates for a given designated electric vehicle manufacturing, electric vehicle component parts manufacturing, or electric vehicle power supply manufacturing site, the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer may notify the Department of additional construction contractors or other entities eligible for a REV Illinois Building Materials Exemption Certificate. Upon notification by the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer and subject to the other provisions of this Section, the Department shall issue a REV Illinois Building Materials Exemption Certificate to each additional construction contractor or other entity identified by the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer. A certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer may notify the Department to rescind a REV Illinois Building Materials Exemption Certificate previously issued by the Department but that has not yet expired. Upon notification by the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer and subject to the other provisions of this Section, the Department shall issue the rescission of the REV Illinois Building Materials Exemption Certificate to the construction contractor or other entity identified by the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer and provide a copy to the certified electric vehicle manufacturer, electric vehicle component parts manufacturer, or electric vehicle power supply manufacturer.
    If the Department of Revenue determines that a construction contractor or other entity that was issued an Exemption Certificate under this Section made a tax-exempt purchase, as described in this Section, that was not eligible for exemption under this Section or allowed another person to make a tax-exempt purchase, as described in this Section, that was not eligible for exemption under this Section, then, in addition to any tax or other penalty imposed, the construction contractor or other entity is subject to a penalty equal to the tax that would have been paid by the retailer under this Act as well as any applicable local retailers' occupation tax on the purchase that was not eligible for the exemption.
    This Section is exempt from the provisions of Section 2-70.
(Source: P.A. 102-669, eff. 11-16-21.)