91st General Assembly
Summary of SB1453
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Short description: 
SALES TX-QUARTER ANNUAL FILING                                             

Synopsis of Bill as introduced:
        Amends the Use Tax Act, the Service  Use  Tax  Act,  the  Service      
   Occupation  Tax  Act, and the Retailers' Occupation Tax Act.  Provides      
   that, beginning January 1, 2001, if a taxpayer's average  monthly  tax      
   liability  to  the Department of Revenue under these Acts exceeds $50,      
   the taxpayer is eligible to file returns on a  quarter  annual  basis,      
   except  for  retailers  who  sell  only  motor  vehicles,  watercraft,      
   aircraft,  and  trailers  that  are  required to be registered with an      
   agency of this State.  Provides that the Department shall provide,  by      
   reasonable rules, for a phase-in period not to exceed one year for the      
   conversion to quarter annual filing of returns and the methodology for      
   determining a taxpayer's quarter annual filing periods.  Provides that      
   this  amendatory  Act does not change the thresholds or requirements        
   provided in this Section for the payment of tax due by electronic           
   funds transfer.  Makes other changes.  Effective immediately.               
          FISCAL NOTE (Department of Revenue)                                  
          The bill is believed to have a potentially considerable impact       
          on State funds. Because the Department will be unable to deter-      
          mine portions of sales tax to be allocated to local governments      
          as well as monies received from local taxes, State and local         
          tax dollars will be held until return information is received.       
          If the Department estimates allocations prior to receiving the       
          return information, reconciliation of the estimated allocations      
          will be required on a quarterly basis. Reconciling under-allo-       
          cations is a cost to local governments, and over-allocations         
          is a significant cost to the State. The Department has regula-       
          tions requiring that local government will not be impacted by        
          more than 5% of their average monthly allocation when recover-       
          ing over-allocated funds, leaving the Department, and ultimate-      
          ly the State, in the position of advancing (sometimes consid-        
          erable) amounts to these jurisdictions. Under-allocations and        
          over-allocations are anomalies of the current system and can         
          be expensed without notice. Under SB 1453, recovery of over-         
          allocations will become the norm.                                    
        SENATE AMENDMENT NO. 1                                                 
          Deletes reference to:                                                
          35 ILCS 110/9                                                        
          35 ILCS 115/9                                                        
          35 ILCS 120/2a                                                       
          35 ILCS 120/3                                                        
        Deletes everything. Amends the Use Tax Act. Makes a technical          
   change in a Section concerning returns and other matters related to         
   paying the tax.                                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          35 ILCS 105/9                                                        
          Adds reference to:                                                   
          20 ILCS 2505/2505-710 new                                            
          35 ILCS 105/3-5                 from Ch. 120, par. 439.3-5           
          35 ILCS 105/9                   from Ch. 120, par. 439.9             
          35 ILCS 105/10                  from Ch. 120, par. 439.10            
          35 ILCS 105/22                  from Ch. 120, par. 439.22            
          35 ILCS 110/20                  from Ch. 120, par. 439.50            
          35 ILCS 115/20                  from Ch. 120, par. 439.120           
          35 ILCS 120/3                   from Ch. 120, par. 442               
          35 ILCS 120/6                   from Ch. 120, par. 445               
          35 ILCS 130/4                   from Ch. 120, par. 453.4             
          35 ILCS 130/6                   from Ch. 120, par. 453.6             
          35 ILCS 135/4                   from Ch. 120, par. 453.34            
          35 ILCS 135/6                   from Ch. 120, par. 453.36            
          220 ILCS 5/8-403.1              from Ch. 111 2/3, par. 8-403.1       
        Deletes everything. Amends the Department of Revenue Law  of  the      
   Civil  Administrative  Code of Illinois.  Provides that the Department      
   of Revenue is authorized and empowered to convene  an  Occupation  and      
   Use  Tax  Reporting  and  Simplification  Committee for the purpose of      
   reviewing proposed methods for simplifying Illinois occupation and use      
   tax reporting requirements and  that  the  Committee  shall  submit  a      
   report of its findings to the General Assembly on or before January 1,      
   2001.  Amends  the  Use  Tax Act, the Service Use Tax Act, the Service      
   Occupation Tax Act, and the Retailers' Occupation Tax Act  to  replace      
   references to specific local occupation and use taxes with a reference      
   to  "any  local occupation or use tax administered by the Department".      
   Makes  other  changes.   Further  amends  the  Use  Tax  Act  and  the      
   Retailers' Occupation Tax Act.  Provides that a retailer of  aircraft,      
   watercraft, motor vehicles, or trailers who transfers more than one of      
   these  items  to  a  purchaser for use as qualifying rolling stock may      
   report the transfer of all of the items involved in  that  transaction      
   to  the  Department of Revenue on the same reporting form.  Amends the      
   Cigarette Tax Act and the Cigarette Use Tax  Act.   Adds  a  provision      
   allowing  distributors  20  days  to  protest  a Department of Revenue      
   decision  regarding  a  distributor's  license  and  adds   provisions      
   regarding  hearings.  Amends  the Public Utilities Act.  Provides that      
   the Department of Revenue (now, the State Treasurer)  shall  prescribe      
   the  forms  to  be  filed by and collect payments from qualified solid      
   waste energy facilities based on the  kilowatt  hours  of  electricity      
   sold  by  them.  Effective January 1, 2001, except that the changes to      
   the Department of Revenue Law of  the  Civil  Administrative  Code  of      
   Illinois are effective immediately.                                         
Last action on Bill: PUBLIC ACT.............................. 91-0901

   Last action date: 00-07-06

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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