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92_SB1760sam001
LRB9215394SMdvam01
1 AMENDMENT TO SENATE BILL 1760
2 AMENDMENT NO. . Amend Senate Bill 1760 on page 1, by
3 replacing lines 6 through 31 with the following:
4 "(35 ILCS 120/5k) (from Ch. 120, par. 444k)
5 Sec. 5k. Building materials exemption. Each retailer who
6 makes a qualified sale of building materials to be
7 incorporated into real estate in an enterprise zone
8 established by a county or municipality under the Illinois
9 Enterprise Zone Act by remodeling, rehabilitation or new
10 construction, may deduct receipts from such sales when
11 calculating the tax imposed by this Act. For purposes of this
12 Section, "qualified sale" means a sale of building materials
13 that will be incorporated into real estate as part of a
14 building project for which a Certificate of Eligibility for
15 Sales Tax Exemption has been issued by the administrator of
16 the enterprise zone in which the building project is located.
17 To document the exemption allowed under this Section, the
18 retailer must obtain from the purchaser a copy of the
19 Certificate of Eligibility for Sales Tax Exemption issued by
20 the administrator of the enterprise zone into which the
21 building materials will be incorporated. The Certificate of
22 Eligibility for Sales Tax Exemption must contain:
23 (1) a statement that the building project
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1 identified in the Certificate meets all the requirements
2 for the building material exemption contained in the
3 enterprise zone ordinance of the jurisdiction in which
4 the building project is located;
5 (2) the location or address of the building
6 project; and
7 (3) the signature of the administrator of the
8 enterprise zone in which the building project is located.
9 In addition, the retailer must obtain certification from the
10 purchaser that contains:
11 (1) a statement that the building materials are
12 being purchased for incorporation into real estate
13 located in an Illinois enterprise zone;
14 (2) the location or address of the real estate into
15 which the building materials will be incorporated;
16 (3) the name of the enterprise zone in which that
17 real estate is located;
18 (4) a description of the building materials being
19 purchased; and
20 (5) the purchaser's signature and date of purchase.
21 The deduction allowed by this Section for the sale of
22 building materials may be limited, to the extent authorized
23 by ordinance, adopted after the effective date of this
24 amendatory Act of 1992, by the municipality or county that
25 created the enterprise zone into in which the building
26 materials will be incorporated retailer's place of business
27 is located. The ordinance, however, may neither require nor
28 prohibit the purchase of building materials from any retailer
29 or class of retailers in order to qualify for the exemption
30 allowed under this Section. The corporate authorities of any
31 municipality or county that adopts an ordinance or resolution
32 imposing or changing any limitation on the enterprise zone
33 exemption for building materials shall transmit to the
34 Department of Revenue on or not later than 5 days after
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1 publication, as provided by law, a certified copy of the
2 ordinance or resolution imposing or changing those
3 limitations, whereupon the Department of Revenue shall
4 proceed to administer and enforce those limitations effective
5 the first day of the second calendar month next following
6 date of receipt by the Department of the certified ordinance
7 or resolution. The provisions of this Section are exempt
8 from Section 2-70.
9 (Source: P.A. 91-51, eff. 6-30-99; 91-954, eff. 1-1-02;
10 92-484, eff. 8-23-01.)".