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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3952 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
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| 5 ILCS 100/5-45.35 new | | 35 ILCS 105/3-6.1 new | | 35 ILCS 120/2-8.1 new | | 35 ILCS 735/3-8.1 new | |
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Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, if a retailer inadvertently collects from a purchaser the entire 6.25% rate of tax on a sales tax holiday item, and if the retailer does not refund the excess tax proceeds to the purchaser, then the retailer shall remit those proceeds to the Department of Revenue in accordance with rules adopted by the Department of Revenue. Amends the Uniform Penalty and Interest Act. Provides that no penalties or interest shall be imposed under the Act for failure to pay a tax under the Use Tax Act or the Retailers' Occupation Tax Act on tangible personal property that is sold on or after August 5, 2022 and through August 14, 2022 if the taxpayer paid tax on an item as a sales tax holiday item and the item was not a sales tax holiday item. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately.
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| | A BILL FOR |
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| | HB3952 | | LRB103 30527 HLH 56960 b |
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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 3. The Illinois Administrative Procedure Act is |
5 | | amended by adding Section 5-45.35 as follows:
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6 | | (5 ILCS 100/5-45.35 new) |
7 | | Sec. 5-45.35. Emergency rulemaking; sales tax holiday. To |
8 | | provide for the expeditious and timely implementation of this |
9 | | amendatory Act of the 103rd General Assembly, emergency rules |
10 | | implementing this amendatory Act of the 103rd General Assembly |
11 | | may be adopted in accordance with Section 5-45 by the |
12 | | Department of Revenue. The adoption of emergency rules |
13 | | authorized by Section 5-45 and this Section is deemed to be |
14 | | necessary for the public interest, safety, and welfare. |
15 | | This Section is repealed one year after the effective date |
16 | | of this amendatory Act of the 103rd General Assembly.
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17 | | Section 5. The Use Tax Act is amended by adding Section |
18 | | 3-6.1 as follows:
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19 | | (35 ILCS 105/3-6.1 new) |
20 | | Sec. 3-6.1. Tax collected on sales tax holiday items. If, |
21 | | between August 5, 2022 and August 14, 2022, a retailer |