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90_SB0524
30 ILCS 105/5.449 new
20 ILCS 1105/8 from Ch. 96 1/2, par. 7408
20 ILCS 1105/8.1 new
20 ILCS 1105/8.2 new
35 ILCS 105/9 from Ch. 120, par. 439.9
35 ILCS 110/9 from Ch. 120, par. 439.39
35 ILCS 115/9 from Ch. 120, par. 439.109
35 ILCS 120/3 from Ch. 120, par. 442
Amends the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act. Provides that money received under those Acts as taxes
on the sale of coal shall be deposited into the Illinois Coal
Resurgence Fund. Amends the State Finance Act to create the
Fund. Amends the Energy Conservation and Coal Development
Act to provide that the Department of Commerce and Community
Affairs, with approval of the Coal Development Board, subject
to appropriation by the General Assembly, shall administer
the Fund and fund projects by making grants or low-interest
long-term loans to assist in reopening closed Illinois coal
mines, keeping existing coal mines operating, developing new
markets for Illinois coal, funding the shipping of Illinois
coal to new markets, constructing and opening coal conversion
parks in Illinois, and providing incentives to attract new
businesses that use coal or coal byproducts to relocate in
Illinois. Effective immediately.
LRB9001867KDpk
LRB9001867KDpk
1 AN ACT in relation to taxes, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.449 as follows:
6 (30 ILCS 105/5.449 new)
7 Sec. 5.449. The Illinois Coal Resurgence Fund.
8 Section 10. The Energy Conservation and Coal Development
9 Act is amended by changing Section 8 and adding Sections 8.1
10 and 8.2 as follows:
11 (20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
12 Sec. 8. Illinois Coal Development Board.
13 (a) There shall be established, within the Department,
14 the Illinois Coal Development Board, hereinafter in this
15 Section called the Board. The Board shall be composed of 13
16 voting members including: the Director of the Department, who
17 shall be Chairman thereof; the Director of Natural Resources
18 or that Director's designee; the Director of the Office of
19 Mines and Minerals within the Department of Natural
20 Resources; the two co-chairpersons of the Citizens Council on
21 Energy Resources, created by Public Act 84-15; and 8 persons
22 appointed by the Governor, with the advice and consent of the
23 Senate, including representatives of Illinois industries that
24 are involved in the extraction, utilization or transportation
25 of Illinois coal, persons representing financial or banking
26 interests in the State, and persons experienced in
27 international business and economic development. These
28 members shall be chosen from persons of recognized ability
29 and experience in their designated field. The 8 appointed
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1 members shall serve for terms of 4 years, unless otherwise
2 provided in this subsection. The initial terms of the
3 original appointees shall expire on July 1, 1985, except that
4 the Governor shall designate 3 of the original appointees to
5 serve initial terms that shall expire on July 1, 1983. The
6 initial term of the member appointed by the Governor to fill
7 the office created after July 1, 1985 shall expire on July 1,
8 1989. The initial terms of the members appointed by the
9 Governor to fill the offices created by this amendatory Act
10 of 1993 shall expire on July 1, 1995, and July 1, 1997, as
11 determined by the Governor.
12 The Board shall meet at least annually or at the call of
13 the Chairman. At any time the majority of the Board may
14 petition the Chairman for a meeting of the Board. Seven
15 members of the Board shall constitute a quorum. Members of
16 the Board shall be reimbursed for actual and necessary
17 expenses incurred while performing their duties as members of
18 the Board from funds appropriated to the Department for such
19 purpose.
20 (b) The Board shall have the following powers and
21 duties:
22 (1) To develop an annual agenda which may include
23 but is not limited to research and methodologies
24 conducted for the purpose of increasing the utilization
25 of Illinois' coal and other fossil fuel resources, with
26 emphasis on high sulfur coal, in the following areas:
27 coal extraction, preparation and characterization; coal
28 technologies (combustion, gasification, liquefaction, and
29 related processes); marketing; public awareness and
30 education, as those terms are used in the Illinois Coal
31 Technology Development Assistance Act; transportation;
32 procurement of sites and issuance of permits; and
33 environmental impacts.
34 (2) To support and coordinate Illinois coal
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1 research, and to approve projects consistent with the
2 annual agenda and budget for coal research and the
3 purposes of this Act. The Board shall review and, if
4 acceptable, approve the annual budget and operating plan
5 submitted by the Department for administration of the
6 Board's projects and funds.
7 (3) To promote the coordination of available
8 research information on the production, preparation,
9 distribution and uses of Illinois coal. The Board shall
10 advise the existing research institutions within the
11 State on areas where research may be necessary.
12 (4) To cooperate to the fullest extent possible
13 with State and federal agencies and departments,
14 independent organizations, and other interested groups,
15 public and private, for the purposes of promoting
16 Illinois coal resources.
17 (5) To submit an annual report to the Governor and
18 the General Assembly outlining the progress and
19 accomplishments made in the year, providing an accounting
20 of funds received and disbursed, reviewing the status of
21 research contracts, and furnishing other relevant
22 information.
23 (6) To focus on existing coal research efforts in
24 carrying out its mission. The Board shall attempt to make
25 use of existing research facilities in Illinois or other
26 institutions carrying out research on Illinois coal. As
27 far as practicable, the Board shall make maximum use of
28 the research facilities available at the Illinois State
29 Geological Survey, the Coal Extraction and Utilization
30 Research Center, the Illinois Coal Development Park and
31 universities and colleges located within the State of
32 Illinois. Subject to the approval of the Department, and
33 in conjunction with its statutory responsibilities, the
34 Board may create a consortium or center which conducts,
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1 coordinates and supports coal research activities in the
2 State of Illinois. Programmatic activities of such a
3 consortium or center shall be subject to approval by the
4 Board and shall be consistent with the purposes of this
5 Act. The Board may authorize expenditure of funds in
6 support of the administrative and programmatic operations
7 of such a center or consortium consistent with its
8 statutory authority. Administrative actions undertaken
9 by or for such a center or consortium shall be subject to
10 the approval of the Department.
11 (7) To make a reasonable attempt, before initiating
12 any research under this Act, to avoid duplication of
13 effort and expense by coordinating the research efforts
14 among various agencies, departments, universities or
15 organizations, as the case may be.
16 (8) To adopt, amend and repeal rules, regulations
17 and bylaws governing its organization, the conduct of
18 business, and the exercise of its powers and duties.
19 (9) To authorize the expenditure of monies from the
20 Coal Technology Development Assistance Fund, the Public
21 Utility Fund and other funds in the State Treasury
22 appropriated to the Department, consistent with the
23 purposes of this Act.
24 (10) To seek, accept, and expend gifts or grants in
25 any form, from any public agency or from any other
26 source. Such gifts and grants may be held in trust by
27 the Department and expended at the direction of the Board
28 and in the exercise of the Board's powers and performance
29 of the Board's duties.
30 (11) To publish, from time to time, the results of
31 Illinois coal research projects funded through the Board.
32 (12) To authorize loans from appropriations from
33 the Build Illinois Bond Purposes Fund, the Build Illinois
34 Bond Fund, the Illinois Coal Resurgence Fund, and the
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1 Illinois Industrial Coal Utilization Fund.
2 (13) To authorize expenditures of monies for coal
3 development projects under the authority of Section 13 of
4 the General Obligation Bond Act.
5 (c) The Board shall also have and exercise the following
6 powers and duties:
7 (1) To create and maintain thorough, current and
8 accurate records on all markets for and actual uses of
9 coal mined in Illinois, and to make such records
10 available to the public upon request.
11 (2) To identify all current and anticipated future
12 technical, economic, institutional, market,
13 environmental, regulatory and other impediments to the
14 utilization of Illinois coal.
15 (3) To monitor and evaluate all proposals and plans
16 of public utilities related to compliance with the
17 requirements of Title IV of the federal Clean Air Act
18 Amendments of 1990, or with any other law which might
19 affect the use of Illinois coal, for the purposes of (i)
20 determining the effects of such proposals or plans on the
21 use of Illinois coal, and (ii) identifying alternative
22 plans or actions which would maintain or increase the use
23 of Illinois coal.
24 (4) To develop strategies and to propose policies
25 to promote environmentally responsible uses of Illinois
26 coal for meeting electric power supply requirements and
27 for other purposes.
28 (5) To issue a report to the Governor and the
29 General Assembly by October 1, 1991, and by March 1 of
30 each year thereafter, describing all findings,
31 conclusions and recommendations required by and developed
32 pursuant to this subsection; provided, however, that
33 interim reports may be issued whenever in the opinion of
34 the Board there may be a need to do so.
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1 (Source: P.A. 88-391; 89-445, eff. 2-7-96.)
2 (20 ILCS 1105/8.1 new)
3 Sec. 8.1. Transfers to the Illinois Coal Resurgence
4 Fund. As soon as practical after the first day of each
5 month, the Department of Revenue shall certify to the
6 Treasurer an amount equal to all of the revenue realized from
7 the taxes imposed under Section 3 of the Use Tax Act, Section
8 3 of the Service Use Tax Act, Section 3 of the Service
9 Occupation Tax Act, and Section 2 of the Retailers'
10 Occupation Tax Act on the sale of coal during the preceding
11 month. Upon receipt of the certification, the Treasurer
12 shall transfer the amount shown on the certification from the
13 General Revenue Fund to the Illinois Coal Resurgence Fund,
14 which is created as a special fund in the State Treasury.
15 (20 ILCS 1105/8.2 new)
16 Sec. 8.2. Expenditures from the Illinois Coal Resurgence
17 Fund. The amounts in the Illinois Coal Resurgence Fund may
18 be expended to fund projects by making grants or low-interest
19 long-term loans or investments, subject to appropriation by
20 the General Assembly, in amounts and at times that the
21 Department, with the approval of the Board, deems necessary
22 or desirable for the following purposes:
23 (1) To assist in the reopening of closed Illinois
24 mines.
25 (2) To assist in allowing existing Illinois coal
26 mines to remain operating.
27 (3) To assist in developing new markets (both
28 domestic and foreign) for Illinois coal.
29 (4) To assist in funding the cost of transportation
30 of Illinois coal to new markets and the development of
31 related infra-structure.
32 (5) To assist in funding the cost of construction
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1 and development of coal conversion parks in Illinois.
2 (6) To assist in providing incentives to attract
3 new businesses that use coal or by-products developed
4 from coal or its conversion to relocate in Illinois.
5 (7) To fund the costs of implementation and
6 administration.
7 Moneys in the Fund shall be spent or committed for
8 expenditure within 18 months after receipt by the State.
9 Section 15. The Use Tax Act is amended by changing
10 Section 9 as follows:
11 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
12 Sec. 9. Except as to motor vehicles, watercraft,
13 aircraft, and trailers that are required to be registered
14 with an agency of this State, each retailer required or
15 authorized to collect the tax imposed by this Act shall pay
16 to the Department the amount of such tax (except as otherwise
17 provided) at the time when he is required to file his return
18 for the period during which such tax was collected, less a
19 discount of 2.1% prior to January 1, 1990, and 1.75% on and
20 after January 1, 1990, or $5 per calendar year, whichever is
21 greater, which is allowed to reimburse the retailer for
22 expenses incurred in collecting the tax, keeping records,
23 preparing and filing returns, remitting the tax and supplying
24 data to the Department on request. In the case of retailers
25 who report and pay the tax on a transaction by transaction
26 basis, as provided in this Section, such discount shall be
27 taken with each such tax remittance instead of when such
28 retailer files his periodic return. A retailer need not
29 remit that part of any tax collected by him to the extent
30 that he is required to remit and does remit the tax imposed
31 by the Retailers' Occupation Tax Act, with respect to the
32 sale of the same property.
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1 Where such tangible personal property is sold under a
2 conditional sales contract, or under any other form of sale
3 wherein the payment of the principal sum, or a part thereof,
4 is extended beyond the close of the period for which the
5 return is filed, the retailer, in collecting the tax (except
6 as to motor vehicles, watercraft, aircraft, and trailers that
7 are required to be registered with an agency of this State),
8 may collect for each tax return period, only the tax
9 applicable to that part of the selling price actually
10 received during such tax return period.
11 Except as provided in this Section, on or before the
12 twentieth day of each calendar month, such retailer shall
13 file a return for the preceding calendar month. Such return
14 shall be filed on forms prescribed by the Department and
15 shall furnish such information as the Department may
16 reasonably require.
17 The Department may require returns to be filed on a
18 quarterly basis. If so required, a return for each calendar
19 quarter shall be filed on or before the twentieth day of the
20 calendar month following the end of such calendar quarter.
21 The taxpayer shall also file a return with the Department for
22 each of the first two months of each calendar quarter, on or
23 before the twentieth day of the following calendar month,
24 stating:
25 1. The name of the seller;
26 2. The address of the principal place of business
27 from which he engages in the business of selling tangible
28 personal property at retail in this State;
29 3. The total amount of taxable receipts received by
30 him during the preceding calendar month from sales of
31 tangible personal property by him during such preceding
32 calendar month, including receipts from charge and time
33 sales, but less all deductions allowed by law;
34 4. The amount of credit provided in Section 2d of
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1 this Act;
2 5. The amount of tax due;
3 5-5. The signature of the taxpayer; and
4 6. Such other reasonable information as the
5 Department may require.
6 If a taxpayer fails to sign a return within 30 days after
7 the proper notice and demand for signature by the Department,
8 the return shall be considered valid and any amount shown to
9 be due on the return shall be deemed assessed.
10 Beginning October 1, 1993, a taxpayer who has an average
11 monthly tax liability of $150,000 or more shall make all
12 payments required by rules of the Department by electronic
13 funds transfer. Beginning October 1, 1994, a taxpayer who has
14 an average monthly tax liability of $100,000 or more shall
15 make all payments required by rules of the Department by
16 electronic funds transfer. Beginning October 1, 1995, a
17 taxpayer who has an average monthly tax liability of $50,000
18 or more shall make all payments required by rules of the
19 Department by electronic funds transfer. The term "average
20 monthly tax liability" means the sum of the taxpayer's
21 liabilities under this Act, and under all other State and
22 local occupation and use tax laws administered by the
23 Department, for the immediately preceding calendar year
24 divided by 12.
25 Before August 1 of each year beginning in 1993, the
26 Department shall notify all taxpayers required to make
27 payments by electronic funds transfer. All taxpayers required
28 to make payments by electronic funds transfer shall make
29 those payments for a minimum of one year beginning on October
30 1.
31 Any taxpayer not required to make payments by electronic
32 funds transfer may make payments by electronic funds transfer
33 with the permission of the Department.
34 All taxpayers required to make payment by electronic
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1 funds transfer and any taxpayers authorized to voluntarily
2 make payments by electronic funds transfer shall make those
3 payments in the manner authorized by the Department.
4 The Department shall adopt such rules as are necessary to
5 effectuate a program of electronic funds transfer and the
6 requirements of this Section.
7 If the taxpayer's average monthly tax liability to the
8 Department under this Act, the Retailers' Occupation Tax Act,
9 the Service Occupation Tax Act, the Service Use Tax Act was
10 $10,000 or more during the preceding 4 complete calendar
11 quarters, he shall file a return with the Department each
12 month by the 20th day of the month next following the month
13 during which such tax liability is incurred and shall make
14 payments to the Department on or before the 7th, 15th, 22nd
15 and last day of the month during which such liability is
16 incurred. If the month during which such tax liability is
17 incurred began prior to January 1, 1985, each payment shall
18 be in an amount equal to 1/4 of the taxpayer's actual
19 liability for the month or an amount set by the Department
20 not to exceed 1/4 of the average monthly liability of the
21 taxpayer to the Department for the preceding 4 complete
22 calendar quarters (excluding the month of highest liability
23 and the month of lowest liability in such 4 quarter period).
24 If the month during which such tax liability is incurred
25 begins on or after January 1, 1985, and prior to January 1,
26 1987, each payment shall be in an amount equal to 22.5% of
27 the taxpayer's actual liability for the month or 27.5% of the
28 taxpayer's liability for the same calendar month of the
29 preceding year. If the month during which such tax liability
30 is incurred begins on or after January 1, 1987, and prior to
31 January 1, 1988, each payment shall be in an amount equal to
32 22.5% of the taxpayer's actual liability for the month or
33 26.25% of the taxpayer's liability for the same calendar
34 month of the preceding year. If the month during which such
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1 tax liability is incurred begins on or after January 1, 1988,
2 and prior to January 1, 1989, or begins on or after January
3 1, 1996, each payment shall be in an amount equal to 22.5% of
4 the taxpayer's actual liability for the month or 25% of the
5 taxpayer's liability for the same calendar month of the
6 preceding year. If the month during which such tax liability
7 is incurred begins on or after January 1, 1989, and prior to
8 January 1, 1996, each payment shall be in an amount equal to
9 22.5% of the taxpayer's actual liability for the month or 25%
10 of the taxpayer's liability for the same calendar month of
11 the preceding year or 100% of the taxpayer's actual liability
12 for the quarter monthly reporting period. The amount of such
13 quarter monthly payments shall be credited against the final
14 tax liability of the taxpayer's return for that month. Once
15 applicable, the requirement of the making of quarter monthly
16 payments to the Department shall continue until such
17 taxpayer's average monthly liability to the Department during
18 the preceding 4 complete calendar quarters (excluding the
19 month of highest liability and the month of lowest liability)
20 is less than $9,000, or until such taxpayer's average monthly
21 liability to the Department as computed for each calendar
22 quarter of the 4 preceding complete calendar quarter period
23 is less than $10,000. However, if a taxpayer can show the
24 Department that a substantial change in the taxpayer's
25 business has occurred which causes the taxpayer to anticipate
26 that his average monthly tax liability for the reasonably
27 foreseeable future will fall below $10,000, then such
28 taxpayer may petition the Department for change in such
29 taxpayer's reporting status. The Department shall change
30 such taxpayer's reporting status unless it finds that such
31 change is seasonal in nature and not likely to be long term.
32 If any such quarter monthly payment is not paid at the time
33 or in the amount required by this Section, then the
34 taxpayer's 2.1% or 1.75% vendors' discount shall be reduced
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1 by 2.1% or 1.75%, as the case may be, of the difference
2 between the minimum amount due and the amount of such quarter
3 monthly payment actually and timely paid and the taxpayer
4 shall be liable for penalties and interest on such
5 difference, except insofar as the taxpayer has previously
6 made payments for that month to the Department in excess of
7 the minimum payments previously due as provided in this
8 Section. The Department shall make reasonable rules and
9 regulations to govern the quarter monthly payment amount and
10 quarter monthly payment dates for taxpayers who file on other
11 than a calendar monthly basis.
12 If any such payment provided for in this Section exceeds
13 the taxpayer's liabilities under this Act, the Retailers'
14 Occupation Tax Act, the Service Occupation Tax Act and the
15 Service Use Tax Act, as shown by an original monthly return,
16 the Department shall issue to the taxpayer a credit
17 memorandum no later than 30 days after the date of payment,
18 which memorandum may be submitted by the taxpayer to the
19 Department in payment of tax liability subsequently to be
20 remitted by the taxpayer to the Department or be assigned by
21 the taxpayer to a similar taxpayer under this Act, the
22 Retailers' Occupation Tax Act, the Service Occupation Tax Act
23 or the Service Use Tax Act, in accordance with reasonable
24 rules and regulations to be prescribed by the Department,
25 except that if such excess payment is shown on an original
26 monthly return and is made after December 31, 1986, no credit
27 memorandum shall be issued, unless requested by the taxpayer.
28 If no such request is made, the taxpayer may credit such
29 excess payment against tax liability subsequently to be
30 remitted by the taxpayer to the Department under this Act,
31 the Retailers' Occupation Tax Act, the Service Occupation Tax
32 Act or the Service Use Tax Act, in accordance with reasonable
33 rules and regulations prescribed by the Department. If the
34 Department subsequently determines that all or any part of
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1 the credit taken was not actually due to the taxpayer, the
2 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
3 by 2.1% or 1.75% of the difference between the credit taken
4 and that actually due, and the taxpayer shall be liable for
5 penalties and interest on such difference.
6 If the retailer is otherwise required to file a monthly
7 return and if the retailer's average monthly tax liability to
8 the Department does not exceed $200, the Department may
9 authorize his returns to be filed on a quarter annual basis,
10 with the return for January, February, and March of a given
11 year being due by April 20 of such year; with the return for
12 April, May and June of a given year being due by July 20 of
13 such year; with the return for July, August and September of
14 a given year being due by October 20 of such year, and with
15 the return for October, November and December of a given year
16 being due by January 20 of the following year.
17 If the retailer is otherwise required to file a monthly
18 or quarterly return and if the retailer's average monthly tax
19 liability to the Department does not exceed $50, the
20 Department may authorize his returns to be filed on an annual
21 basis, with the return for a given year being due by January
22 20 of the following year.
23 Such quarter annual and annual returns, as to form and
24 substance, shall be subject to the same requirements as
25 monthly returns.
26 Notwithstanding any other provision in this Act
27 concerning the time within which a retailer may file his
28 return, in the case of any retailer who ceases to engage in a
29 kind of business which makes him responsible for filing
30 returns under this Act, such retailer shall file a final
31 return under this Act with the Department not more than one
32 month after discontinuing such business.
33 In addition, with respect to motor vehicles, watercraft,
34 aircraft, and trailers that are required to be registered
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1 with an agency of this State, every retailer selling this
2 kind of tangible personal property shall file, with the
3 Department, upon a form to be prescribed and supplied by the
4 Department, a separate return for each such item of tangible
5 personal property which the retailer sells, except that
6 where, in the same transaction, a retailer of aircraft,
7 watercraft, motor vehicles or trailers transfers more than
8 one aircraft, watercraft, motor vehicle or trailer to another
9 aircraft, watercraft, motor vehicle or trailer retailer for
10 the purpose of resale, that seller for resale may report the
11 transfer of all the aircraft, watercraft, motor vehicles or
12 trailers involved in that transaction to the Department on
13 the same uniform invoice-transaction reporting return form.
14 For purposes of this Section, "watercraft" means a Class 2,
15 Class 3, or Class 4 watercraft as defined in Section 3-2 of
16 the Boat Registration and Safety Act, a personal watercraft,
17 or any boat equipped with an inboard motor.
18 The transaction reporting return in the case of motor
19 vehicles or trailers that are required to be registered with
20 an agency of this State, shall be the same document as the
21 Uniform Invoice referred to in Section 5-402 of the Illinois
22 Vehicle Code and must show the name and address of the
23 seller; the name and address of the purchaser; the amount of
24 the selling price including the amount allowed by the
25 retailer for traded-in property, if any; the amount allowed
26 by the retailer for the traded-in tangible personal property,
27 if any, to the extent to which Section 2 of this Act allows
28 an exemption for the value of traded-in property; the balance
29 payable after deducting such trade-in allowance from the
30 total selling price; the amount of tax due from the retailer
31 with respect to such transaction; the amount of tax collected
32 from the purchaser by the retailer on such transaction (or
33 satisfactory evidence that such tax is not due in that
34 particular instance, if that is claimed to be the fact); the
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1 place and date of the sale; a sufficient identification of
2 the property sold; such other information as is required in
3 Section 5-402 of the Illinois Vehicle Code, and such other
4 information as the Department may reasonably require.
5 The transaction reporting return in the case of
6 watercraft and aircraft must show the name and address of the
7 seller; the name and address of the purchaser; the amount of
8 the selling price including the amount allowed by the
9 retailer for traded-in property, if any; the amount allowed
10 by the retailer for the traded-in tangible personal property,
11 if any, to the extent to which Section 2 of this Act allows
12 an exemption for the value of traded-in property; the balance
13 payable after deducting such trade-in allowance from the
14 total selling price; the amount of tax due from the retailer
15 with respect to such transaction; the amount of tax collected
16 from the purchaser by the retailer on such transaction (or
17 satisfactory evidence that such tax is not due in that
18 particular instance, if that is claimed to be the fact); the
19 place and date of the sale, a sufficient identification of
20 the property sold, and such other information as the
21 Department may reasonably require.
22 Such transaction reporting return shall be filed not
23 later than 20 days after the date of delivery of the item
24 that is being sold, but may be filed by the retailer at any
25 time sooner than that if he chooses to do so. The
26 transaction reporting return and tax remittance or proof of
27 exemption from the tax that is imposed by this Act may be
28 transmitted to the Department by way of the State agency with
29 which, or State officer with whom, the tangible personal
30 property must be titled or registered (if titling or
31 registration is required) if the Department and such agency
32 or State officer determine that this procedure will expedite
33 the processing of applications for title or registration.
34 With each such transaction reporting return, the retailer
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1 shall remit the proper amount of tax due (or shall submit
2 satisfactory evidence that the sale is not taxable if that is
3 the case), to the Department or its agents, whereupon the
4 Department shall issue, in the purchaser's name, a tax
5 receipt (or a certificate of exemption if the Department is
6 satisfied that the particular sale is tax exempt) which such
7 purchaser may submit to the agency with which, or State
8 officer with whom, he must title or register the tangible
9 personal property that is involved (if titling or
10 registration is required) in support of such purchaser's
11 application for an Illinois certificate or other evidence of
12 title or registration to such tangible personal property.
13 No retailer's failure or refusal to remit tax under this
14 Act precludes a user, who has paid the proper tax to the
15 retailer, from obtaining his certificate of title or other
16 evidence of title or registration (if titling or registration
17 is required) upon satisfying the Department that such user
18 has paid the proper tax (if tax is due) to the retailer. The
19 Department shall adopt appropriate rules to carry out the
20 mandate of this paragraph.
21 If the user who would otherwise pay tax to the retailer
22 wants the transaction reporting return filed and the payment
23 of tax or proof of exemption made to the Department before
24 the retailer is willing to take these actions and such user
25 has not paid the tax to the retailer, such user may certify
26 to the fact of such delay by the retailer, and may (upon the
27 Department being satisfied of the truth of such
28 certification) transmit the information required by the
29 transaction reporting return and the remittance for tax or
30 proof of exemption directly to the Department and obtain his
31 tax receipt or exemption determination, in which event the
32 transaction reporting return and tax remittance (if a tax
33 payment was required) shall be credited by the Department to
34 the proper retailer's account with the Department, but
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1 without the 2.1% or 1.75% discount provided for in this
2 Section being allowed. When the user pays the tax directly
3 to the Department, he shall pay the tax in the same amount
4 and in the same form in which it would be remitted if the tax
5 had been remitted to the Department by the retailer.
6 Where a retailer collects the tax with respect to the
7 selling price of tangible personal property which he sells
8 and the purchaser thereafter returns such tangible personal
9 property and the retailer refunds the selling price thereof
10 to the purchaser, such retailer shall also refund, to the
11 purchaser, the tax so collected from the purchaser. When
12 filing his return for the period in which he refunds such tax
13 to the purchaser, the retailer may deduct the amount of the
14 tax so refunded by him to the purchaser from any other use
15 tax which such retailer may be required to pay or remit to
16 the Department, as shown by such return, if the amount of the
17 tax to be deducted was previously remitted to the Department
18 by such retailer. If the retailer has not previously
19 remitted the amount of such tax to the Department, he is
20 entitled to no deduction under this Act upon refunding such
21 tax to the purchaser.
22 Any retailer filing a return under this Section shall
23 also include (for the purpose of paying tax thereon) the
24 total tax covered by such return upon the selling price of
25 tangible personal property purchased by him at retail from a
26 retailer, but as to which the tax imposed by this Act was not
27 collected from the retailer filing such return, and such
28 retailer shall remit the amount of such tax to the Department
29 when filing such return.
30 If experience indicates such action to be practicable,
31 the Department may prescribe and furnish a combination or
32 joint return which will enable retailers, who are required to
33 file returns hereunder and also under the Retailers'
34 Occupation Tax Act, to furnish all the return information
-18- LRB9001867KDpk
1 required by both Acts on the one form.
2 Where the retailer has more than one business registered
3 with the Department under separate registration under this
4 Act, such retailer may not file each return that is due as a
5 single return covering all such registered businesses, but
6 shall file separate returns for each such registered
7 business.
8 Beginning January 1, 1998 and continuing through December
9 31, 2002, each month the Department shall pay into the
10 Illinois Coal Resurgence Fund, a special fund created in the
11 State Treasury, all of the moneys received under this Act
12 from the sale of coal.
13 Beginning January 1, 1990, each month the Department
14 shall pay into the State and Local Sales Tax Reform Fund, a
15 special fund in the State Treasury which is hereby created,
16 the net revenue realized for the preceding month from the 1%
17 tax on sales of food for human consumption which is to be
18 consumed off the premises where it is sold (other than
19 alcoholic beverages, soft drinks and food which has been
20 prepared for immediate consumption) and prescription and
21 nonprescription medicines, drugs, medical appliances and
22 insulin, urine testing materials, syringes and needles used
23 by diabetics.
24 Beginning January 1, 1990, each month the Department
25 shall pay into the County and Mass Transit District Fund 4%
26 of the net revenue realized for the preceding month from the
27 6.25% general rate on the selling price of tangible personal
28 property which is purchased outside Illinois at retail from a
29 retailer and which is titled or registered by an agency of
30 this State's government.
31 Beginning January 1, 1990, each month the Department
32 shall pay into the State and Local Sales Tax Reform Fund, a
33 special fund in the State Treasury, 20% of the net revenue
34 realized for the preceding month from the 6.25% general rate
-19- LRB9001867KDpk
1 on the selling price of tangible personal property, other
2 than tangible personal property which is purchased outside
3 Illinois at retail from a retailer and which is titled or
4 registered by an agency of this State's government.
5 Beginning January 1, 1990, each month the Department
6 shall pay into the Local Government Tax Fund 16% of the net
7 revenue realized for the preceding month from the 6.25%
8 general rate on the selling price of tangible personal
9 property which is purchased outside Illinois at retail from a
10 retailer and which is titled or registered by an agency of
11 this State's government.
12 Of the remainder of the moneys received by the Department
13 pursuant to this Act, (a) 1.75% thereof shall be paid into
14 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
15 and on and after July 1, 1989, 3.8% thereof shall be paid
16 into the Build Illinois Fund; provided, however, that if in
17 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
18 as the case may be, of the moneys received by the Department
19 and required to be paid into the Build Illinois Fund pursuant
20 to Section 3 of the Retailers' Occupation Tax Act, Section 9
21 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
22 Section 9 of the Service Occupation Tax Act, such Acts being
23 hereinafter called the "Tax Acts" and such aggregate of 2.2%
24 or 3.8%, as the case may be, of moneys being hereinafter
25 called the "Tax Act Amount", and (2) the amount transferred
26 to the Build Illinois Fund from the State and Local Sales Tax
27 Reform Fund shall be less than the Annual Specified Amount
28 (as defined in Section 3 of the Retailers' Occupation Tax
29 Act), an amount equal to the difference shall be immediately
30 paid into the Build Illinois Fund from other moneys received
31 by the Department pursuant to the Tax Acts; and further
32 provided, that if on the last business day of any month the
33 sum of (1) the Tax Act Amount required to be deposited into
34 the Build Illinois Bond Account in the Build Illinois Fund
-20- LRB9001867KDpk
1 during such month and (2) the amount transferred during such
2 month to the Build Illinois Fund from the State and Local
3 Sales Tax Reform Fund shall have been less than 1/12 of the
4 Annual Specified Amount, an amount equal to the difference
5 shall be immediately paid into the Build Illinois Fund from
6 other moneys received by the Department pursuant to the Tax
7 Acts; and, further provided, that in no event shall the
8 payments required under the preceding proviso result in
9 aggregate payments into the Build Illinois Fund pursuant to
10 this clause (b) for any fiscal year in excess of the greater
11 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
12 for such fiscal year; and, further provided, that the amounts
13 payable into the Build Illinois Fund under this clause (b)
14 shall be payable only until such time as the aggregate amount
15 on deposit under each trust indenture securing Bonds issued
16 and outstanding pursuant to the Build Illinois Bond Act is
17 sufficient, taking into account any future investment income,
18 to fully provide, in accordance with such indenture, for the
19 defeasance of or the payment of the principal of, premium, if
20 any, and interest on the Bonds secured by such indenture and
21 on any Bonds expected to be issued thereafter and all fees
22 and costs payable with respect thereto, all as certified by
23 the Director of the Bureau of the Budget. If on the last
24 business day of any month in which Bonds are outstanding
25 pursuant to the Build Illinois Bond Act, the aggregate of the
26 moneys deposited in the Build Illinois Bond Account in the
27 Build Illinois Fund in such month shall be less than the
28 amount required to be transferred in such month from the
29 Build Illinois Bond Account to the Build Illinois Bond
30 Retirement and Interest Fund pursuant to Section 13 of the
31 Build Illinois Bond Act, an amount equal to such deficiency
32 shall be immediately paid from other moneys received by the
33 Department pursuant to the Tax Acts to the Build Illinois
34 Fund; provided, however, that any amounts paid to the Build
-21- LRB9001867KDpk
1 Illinois Fund in any fiscal year pursuant to this sentence
2 shall be deemed to constitute payments pursuant to clause (b)
3 of the preceding sentence and shall reduce the amount
4 otherwise payable for such fiscal year pursuant to clause (b)
5 of the preceding sentence. The moneys received by the
6 Department pursuant to this Act and required to be deposited
7 into the Build Illinois Fund are subject to the pledge, claim
8 and charge set forth in Section 12 of the Build Illinois Bond
9 Act.
10 Subject to payment of amounts into the Build Illinois
11 Fund as provided in the preceding paragraph or in any
12 amendment thereto hereafter enacted, the following specified
13 monthly installment of the amount requested in the
14 certificate of the Chairman of the Metropolitan Pier and
15 Exposition Authority provided under Section 8.25f of the
16 State Finance Act, but not in excess of the sums designated
17 as "Total Deposit", shall be deposited in the aggregate from
18 collections under Section 9 of the Use Tax Act, Section 9 of
19 the Service Use Tax Act, Section 9 of the Service Occupation
20 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
21 into the McCormick Place Expansion Project Fund in the
22 specified fiscal years.
23 Fiscal Year Total Deposit
24 1993 $0
25 1994 53,000,000
26 1995 58,000,000
27 1996 61,000,000
28 1997 64,000,000
29 1998 68,000,000
30 1999 71,000,000
31 2000 75,000,000
32 2001 80,000,000
33 2002 84,000,000
34 2003 89,000,000
-22- LRB9001867KDpk
1 2004 and 93,000,000
2 each fiscal year
3 thereafter that bonds
4 are outstanding under
5 Section 13.2 of the
6 Metropolitan Pier and
7 Exposition Authority
8 Act.
9 Beginning July 20, 1993 and in each month of each fiscal
10 year thereafter, one-eighth of the amount requested in the
11 certificate of the Chairman of the Metropolitan Pier and
12 Exposition Authority for that fiscal year, less the amount
13 deposited into the McCormick Place Expansion Project Fund by
14 the State Treasurer in the respective month under subsection
15 (g) of Section 13 of the Metropolitan Pier and Exposition
16 Authority Act, plus cumulative deficiencies in the deposits
17 required under this Section for previous months and years,
18 shall be deposited into the McCormick Place Expansion Project
19 Fund, until the full amount requested for the fiscal year,
20 but not in excess of the amount specified above as "Total
21 Deposit", has been deposited.
22 Subject to payment of amounts into the Build Illinois
23 Fund and the McCormick Place Expansion Project Fund pursuant
24 to the preceding paragraphs or in any amendment thereto
25 hereafter enacted, each month the Department shall pay into
26 the Local Government Distributive Fund .4% of the net revenue
27 realized for the preceding month from the 5% general rate, or
28 .4% of 80% of the net revenue realized for the preceding
29 month from the 6.25% general rate, as the case may be, on the
30 selling price of tangible personal property which amount
31 shall, subject to appropriation, be distributed as provided
32 in Section 2 of the State Revenue Sharing Act. No payments or
33 distributions pursuant to this paragraph shall be made if the
34 tax imposed by this Act on photoprocessing products is
-23- LRB9001867KDpk
1 declared unconstitutional, or if the proceeds from such tax
2 are unavailable for distribution because of litigation.
3 Subject to payment of amounts into the Build Illinois
4 Fund, the McCormick Place Expansion Project Fund, and the
5 Local Government Distributive Fund pursuant to the preceding
6 paragraphs or in any amendments thereto hereafter enacted,
7 beginning July 1, 1993, the Department shall each month pay
8 into the Illinois Tax Increment Fund 0.27% of 80% of the net
9 revenue realized for the preceding month from the 6.25%
10 general rate on the selling price of tangible personal
11 property.
12 Of the remainder of the moneys received by the Department
13 pursuant to this Act, 75% thereof shall be paid into the
14 State Treasury and 25% shall be reserved in a special account
15 and used only for the transfer to the Common School Fund as
16 part of the monthly transfer from the General Revenue Fund in
17 accordance with Section 8a of the State Finance Act.
18 As soon as possible after the first day of each month,
19 upon certification of the Department of Revenue, the
20 Comptroller shall order transferred and the Treasurer shall
21 transfer from the General Revenue Fund to the Motor Fuel Tax
22 Fund an amount equal to 1.7% of 80% of the net revenue
23 realized under this Act for the second preceding month;
24 except that this transfer shall not be made for the months
25 February through June of 1992.
26 Net revenue realized for a month shall be the revenue
27 collected by the State pursuant to this Act, less the amount
28 paid out during that month as refunds to taxpayers for
29 overpayment of liability.
30 For greater simplicity of administration, manufacturers,
31 importers and wholesalers whose products are sold at retail
32 in Illinois by numerous retailers, and who wish to do so, may
33 assume the responsibility for accounting and paying to the
34 Department all tax accruing under this Act with respect to
-24- LRB9001867KDpk
1 such sales, if the retailers who are affected do not make
2 written objection to the Department to this arrangement.
3 (Source: P.A. 88-45; 88-116; 88-194; 88-660, eff. 9-16-94;
4 88-669, eff. 11-29-94; 88-670, eff. 12-2-94; 89-379, eff.
5 1-1-96; 89-626, eff. 8-9-96.)
6 Section 20. The Service Use Tax Act is amended by
7 changing Section 9 as follows:
8 (35 ILCS 110/9) (from Ch. 120, par. 439.39)
9 Sec. 9. Each serviceman required or authorized to
10 collect the tax herein imposed shall pay to the Department
11 the amount of such tax (except as otherwise provided) at the
12 time when he is required to file his return for the period
13 during which such tax was collected, less a discount of 2.1%
14 prior to January 1, 1990 and 1.75% on and after January 1,
15 1990, or $5 per calendar year, whichever is greater, which is
16 allowed to reimburse the serviceman for expenses incurred in
17 collecting the tax, keeping records, preparing and filing
18 returns, remitting the tax and supplying data to the
19 Department on request. A serviceman need not remit that part
20 of any tax collected by him to the extent that he is required
21 to pay and does pay the tax imposed by the Service Occupation
22 Tax Act with respect to his sale of service involving the
23 incidental transfer by him of the same property.
24 Except as provided hereinafter in this Section, on or
25 before the twentieth day of each calendar month, such
26 serviceman shall file a return for the preceding calendar
27 month in accordance with reasonable Rules and Regulations to
28 be promulgated by the Department. Such return shall be filed
29 on a form prescribed by the Department and shall contain such
30 information as the Department may reasonably require.
31 The Department may require returns to be filed on a
32 quarterly basis. If so required, a return for each calendar
-25- LRB9001867KDpk
1 quarter shall be filed on or before the twentieth day of the
2 calendar month following the end of such calendar quarter.
3 The taxpayer shall also file a return with the Department for
4 each of the first two months of each calendar quarter, on or
5 before the twentieth day of the following calendar month,
6 stating:
7 1. The name of the seller;
8 2. The address of the principal place of business
9 from which he engages in business as a serviceman in this
10 State;
11 3. The total amount of taxable receipts received by
12 him during the preceding calendar month, including
13 receipts from charge and time sales, but less all
14 deductions allowed by law;
15 4. The amount of credit provided in Section 2d of
16 this Act;
17 5. The amount of tax due;
18 5-5. The signature of the taxpayer; and
19 6. Such other reasonable information as the
20 Department may require.
21 If a taxpayer fails to sign a return within 30 days after
22 the proper notice and demand for signature by the Department,
23 the return shall be considered valid and any amount shown to
24 be due on the return shall be deemed assessed.
25 Beginning October 1, 1993, a taxpayer who has an average
26 monthly tax liability of $150,000 or more shall make all
27 payments required by rules of the Department by electronic
28 funds transfer. Beginning October 1, 1994, a taxpayer who
29 has an average monthly tax liability of $100,000 or more
30 shall make all payments required by rules of the Department
31 by electronic funds transfer. Beginning October 1, 1995, a
32 taxpayer who has an average monthly tax liability of $50,000
33 or more shall make all payments required by rules of the
34 Department by electronic funds transfer. The term "average
-26- LRB9001867KDpk
1 monthly tax liability" means the sum of the taxpayer's
2 liabilities under this Act, and under all other State and
3 local occupation and use tax laws administered by the
4 Department, for the immediately preceding calendar year
5 divided by 12.
6 Before August 1 of each year beginning in 1993, the
7 Department shall notify all taxpayers required to make
8 payments by electronic funds transfer. All taxpayers required
9 to make payments by electronic funds transfer shall make
10 those payments for a minimum of one year beginning on October
11 1.
12 Any taxpayer not required to make payments by electronic
13 funds transfer may make payments by electronic funds transfer
14 with the permission of the Department.
15 All taxpayers required to make payment by electronic
16 funds transfer and any taxpayers authorized to voluntarily
17 make payments by electronic funds transfer shall make those
18 payments in the manner authorized by the Department.
19 The Department shall adopt such rules as are necessary to
20 effectuate a program of electronic funds transfer and the
21 requirements of this Section.
22 If the serviceman is otherwise required to file a monthly
23 return and if the serviceman's average monthly tax liability
24 to the Department does not exceed $200, the Department may
25 authorize his returns to be filed on a quarter annual basis,
26 with the return for January, February and March of a given
27 year being due by April 20 of such year; with the return for
28 April, May and June of a given year being due by July 20 of
29 such year; with the return for July, August and September of
30 a given year being due by October 20 of such year, and with
31 the return for October, November and December of a given year
32 being due by January 20 of the following year.
33 If the serviceman is otherwise required to file a monthly
34 or quarterly return and if the serviceman's average monthly
-27- LRB9001867KDpk
1 tax liability to the Department does not exceed $50, the
2 Department may authorize his returns to be filed on an annual
3 basis, with the return for a given year being due by January
4 20 of the following year.
5 Such quarter annual and annual returns, as to form and
6 substance, shall be subject to the same requirements as
7 monthly returns.
8 Notwithstanding any other provision in this Act
9 concerning the time within which a serviceman may file his
10 return, in the case of any serviceman who ceases to engage in
11 a kind of business which makes him responsible for filing
12 returns under this Act, such serviceman shall file a final
13 return under this Act with the Department not more than 1
14 month after discontinuing such business.
15 Where a serviceman collects the tax with respect to the
16 selling price of property which he sells and the purchaser
17 thereafter returns such property and the serviceman refunds
18 the selling price thereof to the purchaser, such serviceman
19 shall also refund, to the purchaser, the tax so collected
20 from the purchaser. When filing his return for the period in
21 which he refunds such tax to the purchaser, the serviceman
22 may deduct the amount of the tax so refunded by him to the
23 purchaser from any other Service Use Tax, Service Occupation
24 Tax, retailers' occupation tax or use tax which such
25 serviceman may be required to pay or remit to the Department,
26 as shown by such return, provided that the amount of the tax
27 to be deducted shall previously have been remitted to the
28 Department by such serviceman. If the serviceman shall not
29 previously have remitted the amount of such tax to the
30 Department, he shall be entitled to no deduction hereunder
31 upon refunding such tax to the purchaser.
32 Any serviceman filing a return hereunder shall also
33 include the total tax upon the selling price of tangible
34 personal property purchased for use by him as an incident to
-28- LRB9001867KDpk
1 a sale of service, and such serviceman shall remit the amount
2 of such tax to the Department when filing such return.
3 If experience indicates such action to be practicable,
4 the Department may prescribe and furnish a combination or
5 joint return which will enable servicemen, who are required
6 to file returns hereunder and also under the Service
7 Occupation Tax Act, to furnish all the return information
8 required by both Acts on the one form.
9 Where the serviceman has more than one business
10 registered with the Department under separate registration
11 hereunder, such serviceman shall not file each return that is
12 due as a single return covering all such registered
13 businesses, but shall file separate returns for each such
14 registered business.
15 Beginning January 1, 1998 and continuing through December
16 31, 2002, each month the Department shall pay into the
17 Illinois Coal Resurgence Fund, a special fund created in the
18 State Treasury, all of the moneys received under this Act
19 from the sale of coal.
20 Beginning January 1, 1990, each month the Department
21 shall pay into the State and Local Tax Reform Fund, a special
22 fund in the State Treasury, the net revenue realized for the
23 preceding month from the 1% tax on sales of food for human
24 consumption which is to be consumed off the premises where it
25 is sold (other than alcoholic beverages, soft drinks and food
26 which has been prepared for immediate consumption) and
27 prescription and nonprescription medicines, drugs, medical
28 appliances and insulin, urine testing materials, syringes and
29 needles used by diabetics.
30 Beginning January 1, 1990, each month the Department
31 shall pay into the State and Local Sales Tax Reform Fund 20%
32 of the net revenue realized for the preceding month from the
33 6.25% general rate on transfers of tangible personal
34 property, other than tangible personal property which is
-29- LRB9001867KDpk
1 purchased outside Illinois at retail from a retailer and
2 which is titled or registered by an agency of this State's
3 government.
4 Of the remainder of the moneys received by the Department
5 pursuant to this Act, (a) 1.75% thereof shall be paid into
6 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
7 and on and after July 1, 1989, 3.8% thereof shall be paid
8 into the Build Illinois Fund; provided, however, that if in
9 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
10 as the case may be, of the moneys received by the Department
11 and required to be paid into the Build Illinois Fund pursuant
12 to Section 3 of the Retailers' Occupation Tax Act, Section 9
13 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
14 Section 9 of the Service Occupation Tax Act, such Acts being
15 hereinafter called the "Tax Acts" and such aggregate of 2.2%
16 or 3.8%, as the case may be, of moneys being hereinafter
17 called the "Tax Act Amount", and (2) the amount transferred
18 to the Build Illinois Fund from the State and Local Sales Tax
19 Reform Fund shall be less than the Annual Specified Amount
20 (as defined in Section 3 of the Retailers' Occupation Tax
21 Act), an amount equal to the difference shall be immediately
22 paid into the Build Illinois Fund from other moneys received
23 by the Department pursuant to the Tax Acts; and further
24 provided, that if on the last business day of any month the
25 sum of (1) the Tax Act Amount required to be deposited into
26 the Build Illinois Bond Account in the Build Illinois Fund
27 during such month and (2) the amount transferred during such
28 month to the Build Illinois Fund from the State and Local
29 Sales Tax Reform Fund shall have been less than 1/12 of the
30 Annual Specified Amount, an amount equal to the difference
31 shall be immediately paid into the Build Illinois Fund from
32 other moneys received by the Department pursuant to the Tax
33 Acts; and, further provided, that in no event shall the
34 payments required under the preceding proviso result in
-30- LRB9001867KDpk
1 aggregate payments into the Build Illinois Fund pursuant to
2 this clause (b) for any fiscal year in excess of the greater
3 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
4 for such fiscal year; and, further provided, that the amounts
5 payable into the Build Illinois Fund under this clause (b)
6 shall be payable only until such time as the aggregate amount
7 on deposit under each trust indenture securing Bonds issued
8 and outstanding pursuant to the Build Illinois Bond Act is
9 sufficient, taking into account any future investment income,
10 to fully provide, in accordance with such indenture, for the
11 defeasance of or the payment of the principal of, premium, if
12 any, and interest on the Bonds secured by such indenture and
13 on any Bonds expected to be issued thereafter and all fees
14 and costs payable with respect thereto, all as certified by
15 the Director of the Bureau of the Budget. If on the last
16 business day of any month in which Bonds are outstanding
17 pursuant to the Build Illinois Bond Act, the aggregate of the
18 moneys deposited in the Build Illinois Bond Account in the
19 Build Illinois Fund in such month shall be less than the
20 amount required to be transferred in such month from the
21 Build Illinois Bond Account to the Build Illinois Bond
22 Retirement and Interest Fund pursuant to Section 13 of the
23 Build Illinois Bond Act, an amount equal to such deficiency
24 shall be immediately paid from other moneys received by the
25 Department pursuant to the Tax Acts to the Build Illinois
26 Fund; provided, however, that any amounts paid to the Build
27 Illinois Fund in any fiscal year pursuant to this sentence
28 shall be deemed to constitute payments pursuant to clause (b)
29 of the preceding sentence and shall reduce the amount
30 otherwise payable for such fiscal year pursuant to clause (b)
31 of the preceding sentence. The moneys received by the
32 Department pursuant to this Act and required to be deposited
33 into the Build Illinois Fund are subject to the pledge, claim
34 and charge set forth in Section 12 of the Build Illinois Bond
-31- LRB9001867KDpk
1 Act.
2 Subject to payment of amounts into the Build Illinois
3 Fund as provided in the preceding paragraph or in any
4 amendment thereto hereafter enacted, the following specified
5 monthly installment of the amount requested in the
6 certificate of the Chairman of the Metropolitan Pier and
7 Exposition Authority provided under Section 8.25f of the
8 State Finance Act, but not in excess of the sums designated
9 as "Total Deposit", shall be deposited in the aggregate from
10 collections under Section 9 of the Use Tax Act, Section 9 of
11 the Service Use Tax Act, Section 9 of the Service Occupation
12 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
13 into the McCormick Place Expansion Project Fund in the
14 specified fiscal years.
15 Fiscal Year Total Deposit
16 1993 $0
17 1994 53,000,000
18 1995 58,000,000
19 1996 61,000,000
20 1997 64,000,000
21 1998 68,000,000
22 1999 71,000,000
23 2000 75,000,000
24 2001 80,000,000
25 2002 84,000,000
26 2003 89,000,000
27 2004 and 93,000,000
28 each fiscal year
29 thereafter that bonds
30 are outstanding under
31 Section 13.2 of the
32 Metropolitan Pier and
33 Exposition Authority Act.
34 Beginning July 20, 1993 and in each month of each fiscal
-32- LRB9001867KDpk
1 year thereafter, one-eighth of the amount requested in the
2 certificate of the Chairman of the Metropolitan Pier and
3 Exposition Authority for that fiscal year, less the amount
4 deposited into the McCormick Place Expansion Project Fund by
5 the State Treasurer in the respective month under subsection
6 (g) of Section 13 of the Metropolitan Pier and Exposition
7 Authority Act, plus cumulative deficiencies in the deposits
8 required under this Section for previous months and years,
9 shall be deposited into the McCormick Place Expansion Project
10 Fund, until the full amount requested for the fiscal year,
11 but not in excess of the amount specified above as "Total
12 Deposit", has been deposited.
13 Subject to payment of amounts into the Build Illinois
14 Fund and the McCormick Place Expansion Project Fund pursuant
15 to the preceding paragraphs or in any amendment thereto
16 hereafter enacted, each month the Department shall pay into
17 the Local Government Distributive Fund 0.4% of the net
18 revenue realized for the preceding month from the 5% general
19 rate or 0.4% of 80% of the net revenue realized for the
20 preceding month from the 6.25% general rate, as the case may
21 be, on the selling price of tangible personal property which
22 amount shall, subject to appropriation, be distributed as
23 provided in Section 2 of the State Revenue Sharing Act. No
24 payments or distributions pursuant to this paragraph shall be
25 made if the tax imposed by this Act on photo processing
26 products is declared unconstitutional, or if the proceeds
27 from such tax are unavailable for distribution because of
28 litigation.
29 Subject to payment of amounts into the Build Illinois
30 Fund, the McCormick Place Expansion Project Fund, and the
31 Local Government Distributive Fund pursuant to the preceding
32 paragraphs or in any amendments thereto hereafter enacted,
33 beginning July 1, 1993, the Department shall each month pay
34 into the Illinois Tax Increment Fund 0.27% of 80% of the net
-33- LRB9001867KDpk
1 revenue realized for the preceding month from the 6.25%
2 general rate on the selling price of tangible personal
3 property.
4 All remaining moneys received by the Department pursuant
5 to this Act shall be paid into the General Revenue Fund of
6 the State Treasury.
7 As soon as possible after the first day of each month,
8 upon certification of the Department of Revenue, the
9 Comptroller shall order transferred and the Treasurer shall
10 transfer from the General Revenue Fund to the Motor Fuel Tax
11 Fund an amount equal to 1.7% of 80% of the net revenue
12 realized under this Act for the second preceding month;
13 except that this transfer shall not be made for the months
14 February through June, 1992.
15 Net revenue realized for a month shall be the revenue
16 collected by the State pursuant to this Act, less the amount
17 paid out during that month as refunds to taxpayers for
18 overpayment of liability.
19 (Source: P.A. 88-45; 88-116; 88-669, eff. 11-29-94; 89-379,
20 eff. 1-1-96.)
21 Section 25. The Service Occupation Tax Act is amended by
22 changing Section 9 as follows:
23 (35 ILCS 115/9) (from Ch. 120, par. 439.109)
24 Sec. 9. Each serviceman required or authorized to
25 collect the tax herein imposed shall pay to the Department
26 the amount of such tax at the time when he is required to
27 file his return for the period during which such tax was
28 collectible, less a discount of 2.1% prior to January 1,
29 1990, and 1.75% on and after January 1, 1990, or $5 per
30 calendar year, whichever is greater, which is allowed to
31 reimburse the serviceman for expenses incurred in collecting
32 the tax, keeping records, preparing and filing returns,
-34- LRB9001867KDpk
1 remitting the tax and supplying data to the Department on
2 request.
3 Where such tangible personal property is sold under a
4 conditional sales contract, or under any other form of sale
5 wherein the payment of the principal sum, or a part thereof,
6 is extended beyond the close of the period for which the
7 return is filed, the serviceman, in collecting the tax may
8 collect, for each tax return period, only the tax applicable
9 to the part of the selling price actually received during
10 such tax return period.
11 Except as provided hereinafter in this Section, on or
12 before the twentieth day of each calendar month, such
13 serviceman shall file a return for the preceding calendar
14 month in accordance with reasonable rules and regulations to
15 be promulgated by the Department of Revenue. Such return
16 shall be filed on a form prescribed by the Department and
17 shall contain such information as the Department may
18 reasonably require.
19 The Department may require returns to be filed on a
20 quarterly basis. If so required, a return for each calendar
21 quarter shall be filed on or before the twentieth day of the
22 calendar month following the end of such calendar quarter.
23 The taxpayer shall also file a return with the Department for
24 each of the first two months of each calendar quarter, on or
25 before the twentieth day of the following calendar month,
26 stating:
27 1. The name of the seller;
28 2. The address of the principal place of business
29 from which he engages in business as a serviceman in this
30 State;
31 3. The total amount of taxable receipts received by
32 him during the preceding calendar month, including
33 receipts from charge and time sales, but less all
34 deductions allowed by law;
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1 4. The amount of credit provided in Section 2d of
2 this Act;
3 5. The amount of tax due;
4 5-5. The signature of the taxpayer; and
5 6. Such other reasonable information as the
6 Department may require.
7 If a taxpayer fails to sign a return within 30 days after
8 the proper notice and demand for signature by the Department,
9 the return shall be considered valid and any amount shown to
10 be due on the return shall be deemed assessed.
11 A serviceman may accept a Manufacturer's Purchase Credit
12 certification from a purchaser in satisfaction of Service Use
13 Tax as provided in Section 3-70 of the Service Use Tax Act if
14 the purchaser provides the appropriate documentation as
15 required by Section 3-70 of the Service Use Tax Act. A
16 Manufacturer's Purchase Credit certification, accepted by a
17 serviceman as provided in Section 3-70 of the Service Use Tax
18 Act, may be used by that serviceman to satisfy Service
19 Occupation Tax liability in the amount claimed in the
20 certification, not to exceed 6.25% of the receipts subject to
21 tax from a qualifying purchase.
22 If the serviceman's average monthly tax liability to the
23 Department does not exceed $200, the Department may authorize
24 his returns to be filed on a quarter annual basis, with the
25 return for January, February and March of a given year being
26 due by April 20 of such year; with the return for April, May
27 and June of a given year being due by July 20 of such year;
28 with the return for July, August and September of a given
29 year being due by October 20 of such year, and with the
30 return for October, November and December of a given year
31 being due by January 20 of the following year.
32 If the serviceman's average monthly tax liability to the
33 Department does not exceed $50, the Department may authorize
34 his returns to be filed on an annual basis, with the return
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1 for a given year being due by January 20 of the following
2 year.
3 Such quarter annual and annual returns, as to form and
4 substance, shall be subject to the same requirements as
5 monthly returns.
6 Notwithstanding any other provision in this Act
7 concerning the time within which a serviceman may file his
8 return, in the case of any serviceman who ceases to engage in
9 a kind of business which makes him responsible for filing
10 returns under this Act, such serviceman shall file a final
11 return under this Act with the Department not more than 1
12 month after discontinuing such business.
13 Beginning October 1, 1993, a taxpayer who has an average
14 monthly tax liability of $150,000 or more shall make all
15 payments required by rules of the Department by electronic
16 funds transfer. Beginning October 1, 1994, a taxpayer who
17 has an average monthly tax liability of $100,000 or more
18 shall make all payments required by rules of the Department
19 by electronic funds transfer. Beginning October 1, 1995, a
20 taxpayer who has an average monthly tax liability of $50,000
21 or more shall make all payments required by rules of the
22 Department by electronic funds transfer. The term "average
23 monthly tax liability" means the sum of the taxpayer's
24 liabilities under this Act, and under all other State and
25 local occupation and use tax laws administered by the
26 Department, for the immediately preceding calendar year
27 divided by 12.
28 Before August 1 of each year beginning in 1993, the
29 Department shall notify all taxpayers required to make
30 payments by electronic funds transfer. All taxpayers
31 required to make payments by electronic funds transfer shall
32 make those payments for a minimum of one year beginning on
33 October 1.
34 Any taxpayer not required to make payments by electronic
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1 funds transfer may make payments by electronic funds transfer
2 with the permission of the Department.
3 All taxpayers required to make payment by electronic
4 funds transfer and any taxpayers authorized to voluntarily
5 make payments by electronic funds transfer shall make those
6 payments in the manner authorized by the Department.
7 The Department shall adopt such rules as are necessary to
8 effectuate a program of electronic funds transfer and the
9 requirements of this Section.
10 Where a serviceman collects the tax with respect to the
11 selling price of tangible personal property which he sells
12 and the purchaser thereafter returns such tangible personal
13 property and the serviceman refunds the selling price thereof
14 to the purchaser, such serviceman shall also refund, to the
15 purchaser, the tax so collected from the purchaser. When
16 filing his return for the period in which he refunds such tax
17 to the purchaser, the serviceman may deduct the amount of the
18 tax so refunded by him to the purchaser from any other
19 Service Occupation Tax, Service Use Tax, Retailers'
20 Occupation Tax or Use Tax which such serviceman may be
21 required to pay or remit to the Department, as shown by such
22 return, provided that the amount of the tax to be deducted
23 shall previously have been remitted to the Department by such
24 serviceman. If the serviceman shall not previously have
25 remitted the amount of such tax to the Department, he shall
26 be entitled to no deduction hereunder upon refunding such tax
27 to the purchaser.
28 If experience indicates such action to be practicable,
29 the Department may prescribe and furnish a combination or
30 joint return which will enable servicemen, who are required
31 to file returns hereunder and also under the Retailers'
32 Occupation Tax Act, the Use Tax Act or the Service Use Tax
33 Act, to furnish all the return information required by all
34 said Acts on the one form.
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1 Where the serviceman has more than one business
2 registered with the Department under separate registrations
3 hereunder, such serviceman shall file separate returns for
4 each registered business.
5 Beginning January 1, 1998 and continuing through December
6 31, 2002, each month the Department shall pay into the
7 Illinois Coal Resurgence Fund, a special fund created in the
8 State Treasury, all of the moneys received under this Act
9 from the sale of coal.
10 Beginning January 1, 1990, each month the Department
11 shall pay into the Local Government Tax Fund the revenue
12 realized for the preceding month from the 1% tax on sales of
13 food for human consumption which is to be consumed off the
14 premises where it is sold (other than alcoholic beverages,
15 soft drinks and food which has been prepared for immediate
16 consumption) and prescription and nonprescription medicines,
17 drugs, medical appliances and insulin, urine testing
18 materials, syringes and needles used by diabetics.
19 Beginning January 1, 1990, each month the Department
20 shall pay into the County and Mass Transit District Fund 4%
21 of the revenue realized for the preceding month from the
22 6.25% general rate.
23 Beginning January 1, 1990, each month the Department
24 shall pay into the Local Government Tax Fund 16% of the
25 revenue realized for the preceding month from the 6.25%
26 general rate on transfers of tangible personal property.
27 Of the remainder of the moneys received by the Department
28 pursuant to this Act, (a) 1.75% thereof shall be paid into
29 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
30 and on and after July 1, 1989, 3.8% thereof shall be paid
31 into the Build Illinois Fund; provided, however, that if in
32 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
33 as the case may be, of the moneys received by the Department
34 and required to be paid into the Build Illinois Fund pursuant
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1 to Section 3 of the Retailers' Occupation Tax Act, Section 9
2 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
3 Section 9 of the Service Occupation Tax Act, such Acts being
4 hereinafter called the "Tax Acts" and such aggregate of 2.2%
5 or 3.8%, as the case may be, of moneys being hereinafter
6 called the "Tax Act Amount", and (2) the amount transferred
7 to the Build Illinois Fund from the State and Local Sales Tax
8 Reform Fund shall be less than the Annual Specified Amount
9 (as defined in Section 3 of the Retailers' Occupation Tax
10 Act), an amount equal to the difference shall be immediately
11 paid into the Build Illinois Fund from other moneys received
12 by the Department pursuant to the Tax Acts; and further
13 provided, that if on the last business day of any month the
14 sum of (1) the Tax Act Amount required to be deposited into
15 the Build Illinois Account in the Build Illinois Fund during
16 such month and (2) the amount transferred during such month
17 to the Build Illinois Fund from the State and Local Sales Tax
18 Reform Fund shall have been less than 1/12 of the Annual
19 Specified Amount, an amount equal to the difference shall be
20 immediately paid into the Build Illinois Fund from other
21 moneys received by the Department pursuant to the Tax Acts;
22 and, further provided, that in no event shall the payments
23 required under the preceding proviso result in aggregate
24 payments into the Build Illinois Fund pursuant to this clause
25 (b) for any fiscal year in excess of the greater of (i) the
26 Tax Act Amount or (ii) the Annual Specified Amount for such
27 fiscal year; and, further provided, that the amounts payable
28 into the Build Illinois Fund under this clause (b) shall be
29 payable only until such time as the aggregate amount on
30 deposit under each trust indenture securing Bonds issued and
31 outstanding pursuant to the Build Illinois Bond Act is
32 sufficient, taking into account any future investment income,
33 to fully provide, in accordance with such indenture, for the
34 defeasance of or the payment of the principal of, premium, if
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1 any, and interest on the Bonds secured by such indenture and
2 on any Bonds expected to be issued thereafter and all fees
3 and costs payable with respect thereto, all as certified by
4 the Director of the Bureau of the Budget. If on the last
5 business day of any month in which Bonds are outstanding
6 pursuant to the Build Illinois Bond Act, the aggregate of the
7 moneys deposited in the Build Illinois Bond Account in the
8 Build Illinois Fund in such month shall be less than the
9 amount required to be transferred in such month from the
10 Build Illinois Bond Account to the Build Illinois Bond
11 Retirement and Interest Fund pursuant to Section 13 of the
12 Build Illinois Bond Act, an amount equal to such deficiency
13 shall be immediately paid from other moneys received by the
14 Department pursuant to the Tax Acts to the Build Illinois
15 Fund; provided, however, that any amounts paid to the Build
16 Illinois Fund in any fiscal year pursuant to this sentence
17 shall be deemed to constitute payments pursuant to clause (b)
18 of the preceding sentence and shall reduce the amount
19 otherwise payable for such fiscal year pursuant to clause (b)
20 of the preceding sentence. The moneys received by the
21 Department pursuant to this Act and required to be deposited
22 into the Build Illinois Fund are subject to the pledge, claim
23 and charge set forth in Section 12 of the Build Illinois Bond
24 Act.
25 Subject to payment of amounts into the Build Illinois
26 Fund as provided in the preceding paragraph or in any
27 amendment thereto hereafter enacted, the following specified
28 monthly installment of the amount requested in the
29 certificate of the Chairman of the Metropolitan Pier and
30 Exposition Authority provided under Section 8.25f of the
31 State Finance Act, but not in excess of the sums designated
32 as "Total Deposit", shall be deposited in the aggregate from
33 collections under Section 9 of the Use Tax Act, Section 9 of
34 the Service Use Tax Act, Section 9 of the Service Occupation
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1 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
2 into the McCormick Place Expansion Project Fund in the
3 specified fiscal years.
4 Fiscal Year Total Deposit
5 1993 $0
6 1994 53,000,000
7 1995 58,000,000
8 1996 61,000,000
9 1997 64,000,000
10 1998 68,000,000
11 1999 71,000,000
12 2000 75,000,000
13 2001 80,000,000
14 2002 84,000,000
15 2003 89,000,000
16 2004 and 93,000,000
17 each fiscal year
18 thereafter that bonds
19 are outstanding under
20 Section 13.2 of the
21 Metropolitan Pier and
22 Exposition Authority
23 Act.
24 Beginning July 20, 1993 and in each month of each fiscal
25 year thereafter, one-eighth of the amount requested in the
26 certificate of the Chairman of the Metropolitan Pier and
27 Exposition Authority for that fiscal year, less the amount
28 deposited into the McCormick Place Expansion Project Fund by
29 the State Treasurer in the respective month under subsection
30 (g) of Section 13 of the Metropolitan Pier and Exposition
31 Authority Act, plus cumulative deficiencies in the deposits
32 required under this Section for previous months and years,
33 shall be deposited into the McCormick Place Expansion Project
34 Fund, until the full amount requested for the fiscal year,
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1 but not in excess of the amount specified above as "Total
2 Deposit", has been deposited.
3 Subject to payment of amounts into the Build Illinois
4 Fund and the McCormick Place Expansion Project Fund pursuant
5 to the preceding paragraphs or in any amendment thereto
6 hereafter enacted, each month the Department shall pay into
7 the Local Government Distributive Fund 0.4% of the net
8 revenue realized for the preceding month from the 5% general
9 rate or 0.4% of 80% of the net revenue realized for the
10 preceding month from the 6.25% general rate, as the case may
11 be, on the selling price of tangible personal property which
12 amount shall, subject to appropriation, be distributed as
13 provided in Section 2 of the State Revenue Sharing Act. No
14 payments or distributions pursuant to this paragraph shall be
15 made if the tax imposed by this Act on photoprocessing
16 products is declared unconstitutional, or if the proceeds
17 from such tax are unavailable for distribution because of
18 litigation.
19 Subject to payment of amounts into the Build Illinois
20 Fund, the McCormick Place Expansion Project Fund, and the
21 Local Government Distributive Fund pursuant to the preceding
22 paragraphs or in any amendments thereto hereafter enacted,
23 beginning July 1, 1993, the Department shall each month pay
24 into the Illinois Tax Increment Fund 0.27% of 80% of the net
25 revenue realized for the preceding month from the 6.25%
26 general rate on the selling price of tangible personal
27 property.
28 Remaining moneys received by the Department pursuant to
29 this Act shall be paid into the General Revenue Fund of the
30 State Treasury.
31 The Department may, upon separate written notice to a
32 taxpayer, require the taxpayer to prepare and file with the
33 Department on a form prescribed by the Department within not
34 less than 60 days after receipt of the notice an annual
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1 information return for the tax year specified in the notice.
2 Such annual return to the Department shall include a
3 statement of gross receipts as shown by the taxpayer's last
4 Federal income tax return. If the total receipts of the
5 business as reported in the Federal income tax return do not
6 agree with the gross receipts reported to the Department of
7 Revenue for the same period, the taxpayer shall attach to his
8 annual return a schedule showing a reconciliation of the 2
9 amounts and the reasons for the difference. The taxpayer's
10 annual return to the Department shall also disclose the cost
11 of goods sold by the taxpayer during the year covered by such
12 return, opening and closing inventories of such goods for
13 such year, cost of goods used from stock or taken from stock
14 and given away by the taxpayer during such year, pay roll
15 information of the taxpayer's business during such year and
16 any additional reasonable information which the Department
17 deems would be helpful in determining the accuracy of the
18 monthly, quarterly or annual returns filed by such taxpayer
19 as hereinbefore provided for in this Section.
20 If the annual information return required by this Section
21 is not filed when and as required, the taxpayer shall be
22 liable as follows:
23 (i) Until January 1, 1994, the taxpayer shall be
24 liable for a penalty equal to 1/6 of 1% of the tax due
25 from such taxpayer under this Act during the period to be
26 covered by the annual return for each month or fraction
27 of a month until such return is filed as required, the
28 penalty to be assessed and collected in the same manner
29 as any other penalty provided for in this Act.
30 (ii) On and after January 1, 1994, the taxpayer
31 shall be liable for a penalty as described in Section 3-4
32 of the Uniform Penalty and Interest Act.
33 The chief executive officer, proprietor, owner or highest
34 ranking manager shall sign the annual return to certify the
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1 accuracy of the information contained therein. Any person
2 who willfully signs the annual return containing false or
3 inaccurate information shall be guilty of perjury and
4 punished accordingly. The annual return form prescribed by
5 the Department shall include a warning that the person
6 signing the return may be liable for perjury.
7 The foregoing portion of this Section concerning the
8 filing of an annual information return shall not apply to a
9 serviceman who is not required to file an income tax return
10 with the United States Government.
11 As soon as possible after the first day of each month,
12 upon certification of the Department of Revenue, the
13 Comptroller shall order transferred and the Treasurer shall
14 transfer from the General Revenue Fund to the Motor Fuel Tax
15 Fund an amount equal to 1.7% of 80% of the net revenue
16 realized under this Act for the second preceding month;
17 except that this transfer shall not be made for the months
18 February through June, 1992.
19 Net revenue realized for a month shall be the revenue
20 collected by the State pursuant to this Act, less the amount
21 paid out during that month as refunds to taxpayers for
22 overpayment of liability.
23 For greater simplicity of administration, it shall be
24 permissible for manufacturers, importers and wholesalers
25 whose products are sold by numerous servicemen in Illinois,
26 and who wish to do so, to assume the responsibility for
27 accounting and paying to the Department all tax accruing
28 under this Act with respect to such sales, if the servicemen
29 who are affected do not make written objection to the
30 Department to this arrangement.
31 (Source: P.A. 88-45; 88-116; 88-547, eff. 6-30-94; 88-669,
32 eff. 11-29-94; 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
33 89-379, eff. 1-1-96; 89-626, eff. 8-9-96.)
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1 Section 30. The Retailers' Occupation Tax Act is amended
2 by changing Section 3 as follows:
3 (35 ILCS 120/3) (from Ch. 120, par. 442)
4 Sec. 3. Except as provided in this Section, on or before
5 the twentieth day of each calendar month, every person
6 engaged in the business of selling tangible personal property
7 at retail in this State during the preceding calendar month
8 shall file a return with the Department, stating:
9 1. The name of the seller;
10 2. His residence address and the address of his
11 principal place of business and the address of the
12 principal place of business (if that is a different
13 address) from which he engages in the business of selling
14 tangible personal property at retail in this State;
15 3. Total amount of receipts received by him during
16 the preceding calendar month or quarter, as the case may
17 be, from sales of tangible personal property, and from
18 services furnished, by him during such preceding calendar
19 month or quarter;
20 4. Total amount received by him during the
21 preceding calendar month or quarter on charge and time
22 sales of tangible personal property, and from services
23 furnished, by him prior to the month or quarter for which
24 the return is filed;
25 5. Deductions allowed by law;
26 6. Gross receipts which were received by him during
27 the preceding calendar month or quarter and upon the
28 basis of which the tax is imposed;
29 7. The amount of credit provided in Section 2d of
30 this Act;
31 8. The amount of tax due;
32 9. The signature of the taxpayer; and
33 10. Such other reasonable information as the
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1 Department may require.
2 If a taxpayer fails to sign a return within 30 days after
3 the proper notice and demand for signature by the Department,
4 the return shall be considered valid and any amount shown to
5 be due on the return shall be deemed assessed.
6 Each return shall be accompanied by the statement of
7 prepaid tax issued pursuant to Section 2e for which credit is
8 claimed.
9 A retailer may accept a Manufacturer's Purchase Credit
10 certification from a purchaser in satisfaction of Use Tax as
11 provided in Section 3-85 of the Use Tax Act if the purchaser
12 provides the appropriate documentation as required by Section
13 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
14 certification, accepted by a retailer as provided in Section
15 3-85 of the Use Tax Act, may be used by that retailer to
16 satisfy Retailers' Occupation Tax liability in the amount
17 claimed in the certification, not to exceed 6.25% of the
18 receipts subject to tax from a qualifying purchase.
19 The Department may require returns to be filed on a
20 quarterly basis. If so required, a return for each calendar
21 quarter shall be filed on or before the twentieth day of the
22 calendar month following the end of such calendar quarter.
23 The taxpayer shall also file a return with the Department for
24 each of the first two months of each calendar quarter, on or
25 before the twentieth day of the following calendar month,
26 stating:
27 1. The name of the seller;
28 2. The address of the principal place of business
29 from which he engages in the business of selling tangible
30 personal property at retail in this State;
31 3. The total amount of taxable receipts received by
32 him during the preceding calendar month from sales of
33 tangible personal property by him during such preceding
34 calendar month, including receipts from charge and time
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1 sales, but less all deductions allowed by law;
2 4. The amount of credit provided in Section 2d of
3 this Act;
4 5. The amount of tax due; and
5 6. Such other reasonable information as the
6 Department may require.
7 If a total amount of less than $1 is payable, refundable
8 or creditable, such amount shall be disregarded if it is less
9 than 50 cents and shall be increased to $1 if it is 50 cents
10 or more.
11 Beginning October 1, 1993, a taxpayer who has an average
12 monthly tax liability of $150,000 or more shall make all
13 payments required by rules of the Department by electronic
14 funds transfer. Beginning October 1, 1994, a taxpayer who
15 has an average monthly tax liability of $100,000 or more
16 shall make all payments required by rules of the Department
17 by electronic funds transfer. Beginning October 1, 1995, a
18 taxpayer who has an average monthly tax liability of $50,000
19 or more shall make all payments required by rules of the
20 Department by electronic funds transfer. The term "average
21 monthly tax liability" shall be the sum of the taxpayer's
22 liabilities under this Act, and under all other State and
23 local occupation and use tax laws administered by the
24 Department, for the immediately preceding calendar year
25 divided by 12.
26 Before August 1 of each year beginning in 1993, the
27 Department shall notify all taxpayers required to make
28 payments by electronic funds transfer. All taxpayers
29 required to make payments by electronic funds transfer shall
30 make those payments for a minimum of one year beginning on
31 October 1.
32 Any taxpayer not required to make payments by electronic
33 funds transfer may make payments by electronic funds transfer
34 with the permission of the Department.
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1 All taxpayers required to make payment by electronic
2 funds transfer and any taxpayers authorized to voluntarily
3 make payments by electronic funds transfer shall make those
4 payments in the manner authorized by the Department.
5 The Department shall adopt such rules as are necessary to
6 effectuate a program of electronic funds transfer and the
7 requirements of this Section.
8 Any amount which is required to be shown or reported on
9 any return or other document under this Act shall, if such
10 amount is not a whole-dollar amount, be increased to the
11 nearest whole-dollar amount in any case where the fractional
12 part of a dollar is 50 cents or more, and decreased to the
13 nearest whole-dollar amount where the fractional part of a
14 dollar is less than 50 cents.
15 If the retailer is otherwise required to file a monthly
16 return and if the retailer's average monthly tax liability to
17 the Department does not exceed $200, the Department may
18 authorize his returns to be filed on a quarter annual basis,
19 with the return for January, February and March of a given
20 year being due by April 20 of such year; with the return for
21 April, May and June of a given year being due by July 20 of
22 such year; with the return for July, August and September of
23 a given year being due by October 20 of such year, and with
24 the return for October, November and December of a given year
25 being due by January 20 of the following year.
26 If the retailer is otherwise required to file a monthly
27 or quarterly return and if the retailer's average monthly tax
28 liability with the Department does not exceed $50, the
29 Department may authorize his returns to be filed on an annual
30 basis, with the return for a given year being due by January
31 20 of the following year.
32 Such quarter annual and annual returns, as to form and
33 substance, shall be subject to the same requirements as
34 monthly returns.
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1 Notwithstanding any other provision in this Act
2 concerning the time within which a retailer may file his
3 return, in the case of any retailer who ceases to engage in a
4 kind of business which makes him responsible for filing
5 returns under this Act, such retailer shall file a final
6 return under this Act with the Department not more than one
7 month after discontinuing such business.
8 Where the same person has more than one business
9 registered with the Department under separate registrations
10 under this Act, such person may not file each return that is
11 due as a single return covering all such registered
12 businesses, but shall file separate returns for each such
13 registered business.
14 In addition, with respect to motor vehicles, watercraft,
15 aircraft, and trailers that are required to be registered
16 with an agency of this State, every retailer selling this
17 kind of tangible personal property shall file, with the
18 Department, upon a form to be prescribed and supplied by the
19 Department, a separate return for each such item of tangible
20 personal property which the retailer sells, except that
21 where, in the same transaction, a retailer of aircraft,
22 watercraft, motor vehicles or trailers transfers more than
23 one aircraft, watercraft, motor vehicle or trailer to another
24 aircraft, watercraft, motor vehicle retailer or trailer
25 retailer for the purpose of resale, that seller for resale
26 may report the transfer of all aircraft, watercraft, motor
27 vehicles or trailers involved in that transaction to the
28 Department on the same uniform invoice-transaction reporting
29 return form. For purposes of this Section, "watercraft"
30 means a Class 2, Class 3, or Class 4 watercraft as defined in
31 Section 3-2 of the Boat Registration and Safety Act, a
32 personal watercraft, or any boat equipped with an inboard
33 motor.
34 Any retailer who sells only motor vehicles, watercraft,
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1 aircraft, or trailers that are required to be registered with
2 an agency of this State, so that all retailers' occupation
3 tax liability is required to be reported, and is reported, on
4 such transaction reporting returns and who is not otherwise
5 required to file monthly or quarterly returns, need not file
6 monthly or quarterly returns. However, those retailers shall
7 be required to file returns on an annual basis.
8 The transaction reporting return, in the case of motor
9 vehicles or trailers that are required to be registered with
10 an agency of this State, shall be the same document as the
11 Uniform Invoice referred to in Section 5-402 of The Illinois
12 Vehicle Code and must show the name and address of the
13 seller; the name and address of the purchaser; the amount of
14 the selling price including the amount allowed by the
15 retailer for traded-in property, if any; the amount allowed
16 by the retailer for the traded-in tangible personal property,
17 if any, to the extent to which Section 1 of this Act allows
18 an exemption for the value of traded-in property; the balance
19 payable after deducting such trade-in allowance from the
20 total selling price; the amount of tax due from the retailer
21 with respect to such transaction; the amount of tax collected
22 from the purchaser by the retailer on such transaction (or
23 satisfactory evidence that such tax is not due in that
24 particular instance, if that is claimed to be the fact); the
25 place and date of the sale; a sufficient identification of
26 the property sold; such other information as is required in
27 Section 5-402 of The Illinois Vehicle Code, and such other
28 information as the Department may reasonably require.
29 The transaction reporting return in the case of
30 watercraft or aircraft must show the name and address of the
31 seller; the name and address of the purchaser; the amount of
32 the selling price including the amount allowed by the
33 retailer for traded-in property, if any; the amount allowed
34 by the retailer for the traded-in tangible personal property,
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1 if any, to the extent to which Section 1 of this Act allows
2 an exemption for the value of traded-in property; the balance
3 payable after deducting such trade-in allowance from the
4 total selling price; the amount of tax due from the retailer
5 with respect to such transaction; the amount of tax collected
6 from the purchaser by the retailer on such transaction (or
7 satisfactory evidence that such tax is not due in that
8 particular instance, if that is claimed to be the fact); the
9 place and date of the sale, a sufficient identification of
10 the property sold, and such other information as the
11 Department may reasonably require.
12 Such transaction reporting return shall be filed not
13 later than 20 days after the day of delivery of the item that
14 is being sold, but may be filed by the retailer at any time
15 sooner than that if he chooses to do so. The transaction
16 reporting return and tax remittance or proof of exemption
17 from the Illinois use tax may be transmitted to the
18 Department by way of the State agency with which, or State
19 officer with whom the tangible personal property must be
20 titled or registered (if titling or registration is required)
21 if the Department and such agency or State officer determine
22 that this procedure will expedite the processing of
23 applications for title or registration.
24 With each such transaction reporting return, the retailer
25 shall remit the proper amount of tax due (or shall submit
26 satisfactory evidence that the sale is not taxable if that is
27 the case), to the Department or its agents, whereupon the
28 Department shall issue, in the purchaser's name, a use tax
29 receipt (or a certificate of exemption if the Department is
30 satisfied that the particular sale is tax exempt) which such
31 purchaser may submit to the agency with which, or State
32 officer with whom, he must title or register the tangible
33 personal property that is involved (if titling or
34 registration is required) in support of such purchaser's
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1 application for an Illinois certificate or other evidence of
2 title or registration to such tangible personal property.
3 No retailer's failure or refusal to remit tax under this
4 Act precludes a user, who has paid the proper tax to the
5 retailer, from obtaining his certificate of title or other
6 evidence of title or registration (if titling or registration
7 is required) upon satisfying the Department that such user
8 has paid the proper tax (if tax is due) to the retailer. The
9 Department shall adopt appropriate rules to carry out the
10 mandate of this paragraph.
11 If the user who would otherwise pay tax to the retailer
12 wants the transaction reporting return filed and the payment
13 of the tax or proof of exemption made to the Department
14 before the retailer is willing to take these actions and such
15 user has not paid the tax to the retailer, such user may
16 certify to the fact of such delay by the retailer and may
17 (upon the Department being satisfied of the truth of such
18 certification) transmit the information required by the
19 transaction reporting return and the remittance for tax or
20 proof of exemption directly to the Department and obtain his
21 tax receipt or exemption determination, in which event the
22 transaction reporting return and tax remittance (if a tax
23 payment was required) shall be credited by the Department to
24 the proper retailer's account with the Department, but
25 without the 2.1% or 1.75% discount provided for in this
26 Section being allowed. When the user pays the tax directly
27 to the Department, he shall pay the tax in the same amount
28 and in the same form in which it would be remitted if the tax
29 had been remitted to the Department by the retailer.
30 Refunds made by the seller during the preceding return
31 period to purchasers, on account of tangible personal
32 property returned to the seller, shall be allowed as a
33 deduction under subdivision 5 of his monthly or quarterly
34 return, as the case may be, in case the seller had
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1 theretofore included the receipts from the sale of such
2 tangible personal property in a return filed by him and had
3 paid the tax imposed by this Act with respect to such
4 receipts.
5 Where the seller is a corporation, the return filed on
6 behalf of such corporation shall be signed by the president,
7 vice-president, secretary or treasurer or by the properly
8 accredited agent of such corporation.
9 Where the seller is a limited liability company, the
10 return filed on behalf of the limited liability company shall
11 be signed by a manager, member, or properly accredited agent
12 of the limited liability company.
13 Except as provided in this Section, the retailer filing
14 the return under this Section shall, at the time of filing
15 such return, pay to the Department the amount of tax imposed
16 by this Act less a discount of 2.1% prior to January 1, 1990
17 and 1.75% on and after January 1, 1990, or $5 per calendar
18 year, whichever is greater, which is allowed to reimburse the
19 retailer for the expenses incurred in keeping records,
20 preparing and filing returns, remitting the tax and supplying
21 data to the Department on request. Any prepayment made
22 pursuant to Section 2d of this Act shall be included in the
23 amount on which such 2.1% or 1.75% discount is computed. In
24 the case of retailers who report and pay the tax on a
25 transaction by transaction basis, as provided in this
26 Section, such discount shall be taken with each such tax
27 remittance instead of when such retailer files his periodic
28 return.
29 If the taxpayer's average monthly tax liability to the
30 Department under this Act, the Use Tax Act, the Service
31 Occupation Tax Act, and the Service Use Tax Act, excluding
32 any liability for prepaid sales tax to be remitted in
33 accordance with Section 2d of this Act, was $10,000 or more
34 during the preceding 4 complete calendar quarters, he shall
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1 file a return with the Department each month by the 20th day
2 of the month next following the month during which such tax
3 liability is incurred and shall make payments to the
4 Department on or before the 7th, 15th, 22nd and last day of
5 the month during which such liability is incurred. If the
6 month during which such tax liability is incurred began prior
7 to January 1, 1985, each payment shall be in an amount equal
8 to 1/4 of the taxpayer's actual liability for the month or an
9 amount set by the Department not to exceed 1/4 of the average
10 monthly liability of the taxpayer to the Department for the
11 preceding 4 complete calendar quarters (excluding the month
12 of highest liability and the month of lowest liability in
13 such 4 quarter period). If the month during which such tax
14 liability is incurred begins on or after January 1, 1985 and
15 prior to January 1, 1987, each payment shall be in an amount
16 equal to 22.5% of the taxpayer's actual liability for the
17 month or 27.5% of the taxpayer's liability for the same
18 calendar month of the preceding year. If the month during
19 which such tax liability is incurred begins on or after
20 January 1, 1987 and prior to January 1, 1988, each payment
21 shall be in an amount equal to 22.5% of the taxpayer's actual
22 liability for the month or 26.25% of the taxpayer's liability
23 for the same calendar month of the preceding year. If the
24 month during which such tax liability is incurred begins on
25 or after January 1, 1988, and prior to January 1, 1989, or
26 begins on or after January 1, 1996, each payment shall be in
27 an amount equal to 22.5% of the taxpayer's actual liability
28 for the month or 25% of the taxpayer's liability for the same
29 calendar month of the preceding year. If the month during
30 which such tax liability is incurred begins on or after
31 January 1, 1989, and prior to January 1, 1996, each payment
32 shall be in an amount equal to 22.5% of the taxpayer's actual
33 liability for the month or 25% of the taxpayer's liability
34 for the same calendar month of the preceding year or 100% of
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1 the taxpayer's actual liability for the quarter monthly
2 reporting period. The amount of such quarter monthly
3 payments shall be credited against the final tax liability of
4 the taxpayer's return for that month. Once applicable, the
5 requirement of the making of quarter monthly payments to the
6 Department by taxpayers having an average monthly tax
7 liability of $10,000 or more as determined in the manner
8 provided above shall continue until such taxpayer's average
9 monthly liability to the Department during the preceding 4
10 complete calendar quarters (excluding the month of highest
11 liability and the month of lowest liability) is less than
12 $9,000, or until such taxpayer's average monthly liability to
13 the Department as computed for each calendar quarter of the 4
14 preceding complete calendar quarter period is less than
15 $10,000. However, if a taxpayer can show the Department that
16 a substantial change in the taxpayer's business has occurred
17 which causes the taxpayer to anticipate that his average
18 monthly tax liability for the reasonably foreseeable future
19 will fall below $10,000, then such taxpayer may petition the
20 Department for a change in such taxpayer's reporting status.
21 The Department shall change such taxpayer's reporting status
22 unless it finds that such change is seasonal in nature and
23 not likely to be long term. If any such quarter monthly
24 payment is not paid at the time or in the amount required by
25 this Section, then the taxpayer's 2.1% or 1.75% vendors'
26 discount shall be reduced by 2.1% or 1.75% of the difference
27 between the minimum amount due as a payment and the amount of
28 such quarter monthly payment actually and timely paid, and
29 the taxpayer shall be liable for penalties and interest on
30 such difference, except insofar as the taxpayer has
31 previously made payments for that month to the Department in
32 excess of the minimum payments previously due as provided in
33 this Section. The Department shall make reasonable rules and
34 regulations to govern the quarter monthly payment amount and
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1 quarter monthly payment dates for taxpayers who file on other
2 than a calendar monthly basis.
3 Without regard to whether a taxpayer is required to make
4 quarter monthly payments as specified above, any taxpayer who
5 is required by Section 2d of this Act to collect and remit
6 prepaid taxes and has collected prepaid taxes which average
7 in excess of $25,000 per month during the preceding 2
8 complete calendar quarters, shall file a return with the
9 Department as required by Section 2f and shall make payments
10 to the Department on or before the 7th, 15th, 22nd and last
11 day of the month during which such liability is incurred. If
12 the month during which such tax liability is incurred began
13 prior to the effective date of this amendatory Act of 1985,
14 each payment shall be in an amount not less than 22.5% of the
15 taxpayer's actual liability under Section 2d. If the month
16 during which such tax liability is incurred begins on or
17 after January 1, 1986, each payment shall be in an amount
18 equal to 22.5% of the taxpayer's actual liability for the
19 month or 27.5% of the taxpayer's liability for the same
20 calendar month of the preceding calendar year. If the month
21 during which such tax liability is incurred begins on or
22 after January 1, 1987, each payment shall be in an amount
23 equal to 22.5% of the taxpayer's actual liability for the
24 month or 26.25% of the taxpayer's liability for the same
25 calendar month of the preceding year. The amount of such
26 quarter monthly payments shall be credited against the final
27 tax liability of the taxpayer's return for that month filed
28 under this Section or Section 2f, as the case may be. Once
29 applicable, the requirement of the making of quarter monthly
30 payments to the Department pursuant to this paragraph shall
31 continue until such taxpayer's average monthly prepaid tax
32 collections during the preceding 2 complete calendar quarters
33 is $25,000 or less. If any such quarter monthly payment is
34 not paid at the time or in the amount required, the taxpayer
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1 shall be liable for penalties and interest on such
2 difference, except insofar as the taxpayer has previously
3 made payments for that month in excess of the minimum
4 payments previously due.
5 If any payment provided for in this Section exceeds the
6 taxpayer's liabilities under this Act, the Use Tax Act, the
7 Service Occupation Tax Act and the Service Use Tax Act, as
8 shown on an original monthly return, the Department shall, if
9 requested by the taxpayer, issue to the taxpayer a credit
10 memorandum no later than 30 days after the date of payment.
11 The credit evidenced by such credit memorandum may be
12 assigned by the taxpayer to a similar taxpayer under this
13 Act, the Use Tax Act, the Service Occupation Tax Act or the
14 Service Use Tax Act, in accordance with reasonable rules and
15 regulations to be prescribed by the Department. If no such
16 request is made, the taxpayer may credit such excess payment
17 against tax liability subsequently to be remitted to the
18 Department under this Act, the Use Tax Act, the Service
19 Occupation Tax Act or the Service Use Tax Act, in accordance
20 with reasonable rules and regulations prescribed by the
21 Department. If the Department subsequently determined that
22 all or any part of the credit taken was not actually due to
23 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
24 shall be reduced by 2.1% or 1.75% of the difference between
25 the credit taken and that actually due, and that taxpayer
26 shall be liable for penalties and interest on such
27 difference.
28 If a retailer of motor fuel is entitled to a credit under
29 Section 2d of this Act which exceeds the taxpayer's liability
30 to the Department under this Act for the month which the
31 taxpayer is filing a return, the Department shall issue the
32 taxpayer a credit memorandum for the excess.
33 Beginning January 1, 1998 and continuing through December
34 31, 2002, each month the Department shall pay into the
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1 Illinois Coal Resurgence Fund, a special fund created in the
2 State Treasury, all of the moneys received under this Act
3 from the sale of coal.
4 Beginning January 1, 1990, each month the Department
5 shall pay into the Local Government Tax Fund, a special fund
6 in the State treasury which is hereby created, the net
7 revenue realized for the preceding month from the 1% tax on
8 sales of food for human consumption which is to be consumed
9 off the premises where it is sold (other than alcoholic
10 beverages, soft drinks and food which has been prepared for
11 immediate consumption) and prescription and nonprescription
12 medicines, drugs, medical appliances and insulin, urine
13 testing materials, syringes and needles used by diabetics.
14 Beginning January 1, 1990, each month the Department
15 shall pay into the County and Mass Transit District Fund, a
16 special fund in the State treasury which is hereby created,
17 4% of the net revenue realized for the preceding month from
18 the 6.25% general rate.
19 Beginning January 1, 1990, each month the Department
20 shall pay into the Local Government Tax Fund 16% of the net
21 revenue realized for the preceding month from the 6.25%
22 general rate on the selling price of tangible personal
23 property.
24 Of the remainder of the moneys received by the Department
25 pursuant to this Act, (a) 1.75% thereof shall be paid into
26 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
27 and on and after July 1, 1989, 3.8% thereof shall be paid
28 into the Build Illinois Fund; provided, however, that if in
29 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
30 as the case may be, of the moneys received by the Department
31 and required to be paid into the Build Illinois Fund pursuant
32 to this Act, Section 9 of the Use Tax Act, Section 9 of the
33 Service Use Tax Act, and Section 9 of the Service Occupation
34 Tax Act, such Acts being hereinafter called the "Tax Acts"
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1 and such aggregate of 2.2% or 3.8%, as the case may be, of
2 moneys being hereinafter called the "Tax Act Amount", and (2)
3 the amount transferred to the Build Illinois Fund from the
4 State and Local Sales Tax Reform Fund shall be less than the
5 Annual Specified Amount (as hereinafter defined), an amount
6 equal to the difference shall be immediately paid into the
7 Build Illinois Fund from other moneys received by the
8 Department pursuant to the Tax Acts; the "Annual Specified
9 Amount" means the amounts specified below for fiscal years
10 1986 through 1993:
11 Fiscal Year Annual Specified Amount
12 1986 $54,800,000
13 1987 $76,650,000
14 1988 $80,480,000
15 1989 $88,510,000
16 1990 $115,330,000
17 1991 $145,470,000
18 1992 $182,730,000
19 1993 $206,520,000;
20 and means the Certified Annual Debt Service Requirement (as
21 defined in Section 13 of the Build Illinois Bond Act) or the
22 Tax Act Amount, whichever is greater, for fiscal year 1994
23 and each fiscal year thereafter; and further provided, that
24 if on the last business day of any month the sum of (1) the
25 Tax Act Amount required to be deposited into the Build
26 Illinois Bond Account in the Build Illinois Fund during such
27 month and (2) the amount transferred to the Build Illinois
28 Fund from the State and Local Sales Tax Reform Fund shall
29 have been less than 1/12 of the Annual Specified Amount, an
30 amount equal to the difference shall be immediately paid into
31 the Build Illinois Fund from other moneys received by the
32 Department pursuant to the Tax Acts; and, further provided,
33 that in no event shall the payments required under the
34 preceding proviso result in aggregate payments into the Build
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1 Illinois Fund pursuant to this clause (b) for any fiscal year
2 in excess of the greater of (i) the Tax Act Amount or (ii)
3 the Annual Specified Amount for such fiscal year. The
4 amounts payable into the Build Illinois Fund under clause (b)
5 of the first sentence in this paragraph shall be payable only
6 until such time as the aggregate amount on deposit under each
7 trust indenture securing Bonds issued and outstanding
8 pursuant to the Build Illinois Bond Act is sufficient, taking
9 into account any future investment income, to fully provide,
10 in accordance with such indenture, for the defeasance of or
11 the payment of the principal of, premium, if any, and
12 interest on the Bonds secured by such indenture and on any
13 Bonds expected to be issued thereafter and all fees and costs
14 payable with respect thereto, all as certified by the
15 Director of the Bureau of the Budget. If on the last
16 business day of any month in which Bonds are outstanding
17 pursuant to the Build Illinois Bond Act, the aggregate of
18 moneys deposited in the Build Illinois Bond Account in the
19 Build Illinois Fund in such month shall be less than the
20 amount required to be transferred in such month from the
21 Build Illinois Bond Account to the Build Illinois Bond
22 Retirement and Interest Fund pursuant to Section 13 of the
23 Build Illinois Bond Act, an amount equal to such deficiency
24 shall be immediately paid from other moneys received by the
25 Department pursuant to the Tax Acts to the Build Illinois
26 Fund; provided, however, that any amounts paid to the Build
27 Illinois Fund in any fiscal year pursuant to this sentence
28 shall be deemed to constitute payments pursuant to clause (b)
29 of the first sentence of this paragraph and shall reduce the
30 amount otherwise payable for such fiscal year pursuant to
31 that clause (b). The moneys received by the Department
32 pursuant to this Act and required to be deposited into the
33 Build Illinois Fund are subject to the pledge, claim and
34 charge set forth in Section 12 of the Build Illinois Bond
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1 Act.
2 Subject to payment of amounts into the Build Illinois
3 Fund as provided in the preceding paragraph or in any
4 amendment thereto hereafter enacted, the following specified
5 monthly installment of the amount requested in the
6 certificate of the Chairman of the Metropolitan Pier and
7 Exposition Authority provided under Section 8.25f of the
8 State Finance Act, but not in excess of sums designated as
9 "Total Deposit", shall be deposited in the aggregate from
10 collections under Section 9 of the Use Tax Act, Section 9 of
11 the Service Use Tax Act, Section 9 of the Service Occupation
12 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
13 into the McCormick Place Expansion Project Fund in the
14 specified fiscal years.
15 Fiscal Year Total Deposit
16 1993 $0
17 1994 53,000,000
18 1995 58,000,000
19 1996 61,000,000
20 1997 64,000,000
21 1998 68,000,000
22 1999 71,000,000
23 2000 75,000,000
24 2001 80,000,000
25 2002 84,000,000
26 2003 89,000,000
27 2004 and 93,000,000
28 each fiscal year
29 thereafter that bonds
30 are outstanding under
31 Section 13.2 of the
32 Metropolitan Pier and
33 Exposition Authority
34 Act.
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1 Beginning July 20, 1993 and in each month of each fiscal
2 year thereafter, one-eighth of the amount requested in the
3 certificate of the Chairman of the Metropolitan Pier and
4 Exposition Authority for that fiscal year, less the amount
5 deposited into the McCormick Place Expansion Project Fund by
6 the State Treasurer in the respective month under subsection
7 (g) of Section 13 of the Metropolitan Pier and Exposition
8 Authority Act, plus cumulative deficiencies in the deposits
9 required under this Section for previous months and years,
10 shall be deposited into the McCormick Place Expansion Project
11 Fund, until the full amount requested for the fiscal year,
12 but not in excess of the amount specified above as "Total
13 Deposit", has been deposited.
14 Subject to payment of amounts into the Build Illinois
15 Fund and the McCormick Place Expansion Project Fund pursuant
16 to the preceding paragraphs or in any amendment thereto
17 hereafter enacted, each month the Department shall pay into
18 the Local Government Distributive Fund 0.4% of the net
19 revenue realized for the preceding month from the 5% general
20 rate or 0.4% of 80% of the net revenue realized for the
21 preceding month from the 6.25% general rate, as the case may
22 be, on the selling price of tangible personal property which
23 amount shall, subject to appropriation, be distributed as
24 provided in Section 2 of the State Revenue Sharing Act. No
25 payments or distributions pursuant to this paragraph shall be
26 made if the tax imposed by this Act on photoprocessing
27 products is declared unconstitutional, or if the proceeds
28 from such tax are unavailable for distribution because of
29 litigation.
30 Subject to payment of amounts into the Build Illinois
31 Fund, the McCormick Place Expansion Project to the preceding
32 paragraphs or in any amendments thereto hereafter enacted,
33 beginning July 1, 1993, the Department shall each month pay
34 into the Illinois Tax Increment Fund 0.27% of 80% of the net
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1 revenue realized for the preceding month from the 6.25%
2 general rate on the selling price of tangible personal
3 property.
4 Of the remainder of the moneys received by the Department
5 pursuant to this Act, 75% thereof shall be paid into the
6 State Treasury and 25% shall be reserved in a special account
7 and used only for the transfer to the Common School Fund as
8 part of the monthly transfer from the General Revenue Fund in
9 accordance with Section 8a of the State Finance Act.
10 The Department may, upon separate written notice to a
11 taxpayer, require the taxpayer to prepare and file with the
12 Department on a form prescribed by the Department within not
13 less than 60 days after receipt of the notice an annual
14 information return for the tax year specified in the notice.
15 Such annual return to the Department shall include a
16 statement of gross receipts as shown by the retailer's last
17 Federal income tax return. If the total receipts of the
18 business as reported in the Federal income tax return do not
19 agree with the gross receipts reported to the Department of
20 Revenue for the same period, the retailer shall attach to his
21 annual return a schedule showing a reconciliation of the 2
22 amounts and the reasons for the difference. The retailer's
23 annual return to the Department shall also disclose the cost
24 of goods sold by the retailer during the year covered by such
25 return, opening and closing inventories of such goods for
26 such year, costs of goods used from stock or taken from stock
27 and given away by the retailer during such year, payroll
28 information of the retailer's business during such year and
29 any additional reasonable information which the Department
30 deems would be helpful in determining the accuracy of the
31 monthly, quarterly or annual returns filed by such retailer
32 as provided for in this Section.
33 If the annual information return required by this Section
34 is not filed when and as required, the taxpayer shall be
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1 liable as follows:
2 (i) Until January 1, 1994, the taxpayer shall be
3 liable for a penalty equal to 1/6 of 1% of the tax due
4 from such taxpayer under this Act during the period to be
5 covered by the annual return for each month or fraction
6 of a month until such return is filed as required, the
7 penalty to be assessed and collected in the same manner
8 as any other penalty provided for in this Act.
9 (ii) On and after January 1, 1994, the taxpayer
10 shall be liable for a penalty as described in Section 3-4
11 of the Uniform Penalty and Interest Act.
12 The chief executive officer, proprietor, owner or highest
13 ranking manager shall sign the annual return to certify the
14 accuracy of the information contained therein. Any person
15 who willfully signs the annual return containing false or
16 inaccurate information shall be guilty of perjury and
17 punished accordingly. The annual return form prescribed by
18 the Department shall include a warning that the person
19 signing the return may be liable for perjury.
20 The provisions of this Section concerning the filing of
21 an annual information return do not apply to a retailer who
22 is not required to file an income tax return with the United
23 States Government.
24 As soon as possible after the first day of each month,
25 upon certification of the Department of Revenue, the
26 Comptroller shall order transferred and the Treasurer shall
27 transfer from the General Revenue Fund to the Motor Fuel Tax
28 Fund an amount equal to 1.7% of 80% of the net revenue
29 realized under this Act for the second preceding month;
30 except that this transfer shall not be made for the months
31 February through June, 1992.
32 Net revenue realized for a month shall be the revenue
33 collected by the State pursuant to this Act, less the amount
34 paid out during that month as refunds to taxpayers for
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1 overpayment of liability.
2 For greater simplicity of administration, manufacturers,
3 importers and wholesalers whose products are sold at retail
4 in Illinois by numerous retailers, and who wish to do so, may
5 assume the responsibility for accounting and paying to the
6 Department all tax accruing under this Act with respect to
7 such sales, if the retailers who are affected do not make
8 written objection to the Department to this arrangement.
9 Any person who promotes, organizes, provides retail
10 selling space for concessionaires or other types of sellers
11 at the Illinois State Fair, DuQuoin State Fair, county fairs,
12 local fairs, art shows, flea markets and similar exhibitions
13 or events, including any transient merchant as defined by
14 Section 2 of the Transient Merchant Act of 1987, is required
15 to file a report with the Department providing the name of
16 the merchant's business, the name of the person or persons
17 engaged in merchant's business, the permanent address and
18 Illinois Retailers Occupation Tax Registration Number of the
19 merchant, the dates and location of the event and other
20 reasonable information that the Department may require. The
21 report must be filed not later than the 20th day of the month
22 next following the month during which the event with retail
23 sales was held. Any person who fails to file a report
24 required by this Section commits a business offense and is
25 subject to a fine not to exceed $250.
26 Any person engaged in the business of selling tangible
27 personal property at retail as a concessionaire or other type
28 of seller at the Illinois State Fair, county fairs, art
29 shows, flea markets and similar exhibitions or events, or any
30 transient merchants, as defined by Section 2 of the Transient
31 Merchant Act of 1987, may be required to make a daily report
32 of the amount of such sales to the Department and to make a
33 daily payment of the full amount of tax due. The Department
34 shall impose this requirement when it finds that there is a
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1 significant risk of loss of revenue to the State at such an
2 exhibition or event. Such a finding shall be based on
3 evidence that a substantial number of concessionaires or
4 other sellers who are not residents of Illinois will be
5 engaging in the business of selling tangible personal
6 property at retail at the exhibition or event, or other
7 evidence of a significant risk of loss of revenue to the
8 State. The Department shall notify concessionaires and other
9 sellers affected by the imposition of this requirement. In
10 the absence of notification by the Department, the
11 concessionaires and other sellers shall file their returns as
12 otherwise required in this Section.
13 (Source: P.A. 88-45; 88-116; 88-194; 88-480; 88-547, eff.
14 6-30-94; 88-660, eff. 9-16-94; 88-669, eff. 11-29-94; 88-670,
15 eff. 12-2-94; 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
16 89-379, eff. 1-1-96; 89-626, eff. 8-9-96.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.