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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2734 Introduced 1/12/2024, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
| | 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, on and after July 1, 2024, each month the Department of Revenue shall pay into the State Aviation Program Fund 25% (currently, 20%) of the net revenue realized for the preceding month from the tax imposed on the selling price of aviation fuel. Effective immediately. |
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| | A BILL FOR |
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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, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Use Tax Act is amended by changing Section 9 |
5 | | as follows:
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6 | | (35 ILCS 105/9) (from Ch. 120, par. 439.9) |
7 | | Sec. 9. Except as to motor vehicles, watercraft, aircraft, |
8 | | and trailers that are required to be registered with an agency |
9 | | of this State, each retailer required or authorized to collect |
10 | | the tax imposed by this Act shall pay to the Department the |
11 | | amount of such tax (except as otherwise provided) at the time |
12 | | when he is required to file his return for the period during |
13 | | which such tax was collected, less a discount of 2.1% prior to |
14 | | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 |
15 | | per calendar year, whichever is greater, which is allowed to |
16 | | reimburse the retailer for expenses incurred in collecting the |
17 | | tax, keeping records, preparing and filing returns, remitting |
18 | | the tax and supplying data to the Department on request. When |
19 | | determining the discount allowed under this Section, retailers |
20 | | shall include the amount of tax that would have been due at the |
21 | | 6.25% rate but for the 1.25% rate imposed on sales tax holiday |
22 | | items under Public Act 102-700. The discount under this |
23 | | Section is not allowed for the 1.25% portion of taxes paid on |
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1 | | aviation fuel that is subject to the revenue use requirements |
2 | | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. When determining |
3 | | the discount allowed under this Section, retailers shall |
4 | | include the amount of tax that would have been due at the 1% |
5 | | rate but for the 0% rate imposed under Public Act 102-700. In |
6 | | the case of retailers who report and pay the tax on a |
7 | | transaction by transaction basis, as provided in this Section, |
8 | | such discount shall be taken with each such tax remittance |
9 | | instead of when such retailer files his periodic return. The |
10 | | discount allowed under this Section is allowed only for |
11 | | returns that are filed in the manner required by this Act. The |
12 | | Department may disallow the discount for retailers whose |
13 | | certificate of registration is revoked at the time the return |
14 | | is filed, but only if the Department's decision to revoke the |
15 | | certificate of registration has become final. A retailer need |
16 | | not remit that part of any tax collected by him to the extent |
17 | | that he is required to remit and does remit the tax imposed by |
18 | | the Retailers' Occupation Tax Act, with respect to the sale of |
19 | | the same property. |
20 | | Where such tangible personal property is sold under a |
21 | | conditional sales contract, or under any other form of sale |
22 | | wherein the payment of the principal sum, or a part thereof, is |
23 | | extended beyond the close of the period for which the return is |
24 | | filed, the retailer, in collecting the tax (except as to motor |
25 | | vehicles, watercraft, aircraft, and trailers that are required |
26 | | to be registered with an agency of this State), may collect for |
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1 | | each tax return period, only the tax applicable to that part of |
2 | | the selling price actually received during such tax return |
3 | | period. |
4 | | Except as provided in this Section, on or before the |
5 | | twentieth day of each calendar month, such retailer shall file |
6 | | a return for the preceding calendar month. Such return shall |
7 | | be filed on forms prescribed by the Department and shall |
8 | | furnish such information as the Department may reasonably |
9 | | require. The return shall include the gross receipts on food |
10 | | for human consumption that is to be consumed off the premises |
11 | | where it is sold (other than alcoholic beverages, food |
12 | | consisting of or infused with adult use cannabis, soft drinks, |
13 | | and food that has been prepared for immediate consumption) |
14 | | which were received during the preceding calendar month, |
15 | | quarter, or year, as appropriate, and upon which tax would |
16 | | have been due but for the 0% rate imposed under Public Act |
17 | | 102-700. The return shall also include the amount of tax that |
18 | | would have been due on food for human consumption that is to be |
19 | | consumed off the premises where it is sold (other than |
20 | | alcoholic beverages, food consisting of or infused with adult |
21 | | use cannabis, soft drinks, and food that has been prepared for |
22 | | immediate consumption) but for the 0% rate imposed under |
23 | | Public Act 102-700. |
24 | | On and after January 1, 2018, except for returns required |
25 | | to be filed prior to January 1, 2023 for motor vehicles, |
26 | | watercraft, aircraft, and trailers that are required to be |
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1 | | registered with an agency of this State, with respect to |
2 | | retailers whose annual gross receipts average $20,000 or more, |
3 | | all returns required to be filed pursuant to this Act shall be |
4 | | filed electronically. On and after January 1, 2023, with |
5 | | respect to retailers whose annual gross receipts average |
6 | | $20,000 or more, all returns required to be filed pursuant to |
7 | | this Act, including, but not limited to, returns for motor |
8 | | vehicles, watercraft, aircraft, and trailers that are required |
9 | | to be registered with an agency of this State, shall be filed |
10 | | electronically. Retailers who demonstrate that they do not |
11 | | have access to the Internet or demonstrate hardship in filing |
12 | | electronically may petition the Department to waive the |
13 | | electronic filing requirement. |
14 | | The Department may require returns to be filed on a |
15 | | quarterly basis. If so required, a return for each calendar |
16 | | quarter shall be filed on or before the twentieth day of the |
17 | | calendar month following the end of such calendar quarter. The |
18 | | taxpayer shall also file a return with the Department for each |
19 | | of the first two months of each calendar quarter, on or before |
20 | | the twentieth day of the following calendar month, stating: |
21 | | 1. The name of the seller; |
22 | | 2. The address of the principal place of business from |
23 | | which he engages in the business of selling tangible |
24 | | personal property at retail in this State; |
25 | | 3. The total amount of taxable receipts received by |
26 | | him during the preceding calendar month from sales of |
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1 | | tangible personal property by him during such preceding |
2 | | calendar month, including receipts from charge and time |
3 | | sales, but less all deductions allowed by law; |
4 | | 4. The amount of credit provided in Section 2d of this |
5 | | Act; |
6 | | 5. The amount of tax due; |
7 | | 5-5. The signature of the taxpayer; and |
8 | | 6. Such other reasonable information as the Department |
9 | | may require. |
10 | | Each retailer required or authorized to collect the tax |
11 | | imposed by this Act on aviation fuel sold at retail in this |
12 | | State during the preceding calendar month shall, instead of |
13 | | reporting and paying tax on aviation fuel as otherwise |
14 | | required by this Section, report and pay such tax on a separate |
15 | | aviation fuel tax return. The requirements related to the |
16 | | return shall be as otherwise provided in this Section. |
17 | | Notwithstanding any other provisions of this Act to the |
18 | | contrary, retailers collecting tax on aviation fuel shall file |
19 | | all aviation fuel tax returns and shall make all aviation fuel |
20 | | tax payments by electronic means in the manner and form |
21 | | required by the Department. For purposes of this Section, |
22 | | "aviation fuel" means jet fuel and aviation gasoline. |
23 | | If a taxpayer fails to sign a return within 30 days after |
24 | | the proper notice and demand for signature by the Department, |
25 | | the return shall be considered valid and any amount shown to be |
26 | | due on the return shall be deemed assessed. |
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1 | | Notwithstanding any other provision of this Act to the |
2 | | contrary, retailers subject to tax on cannabis shall file all |
3 | | cannabis tax returns and shall make all cannabis tax payments |
4 | | by electronic means in the manner and form required by the |
5 | | Department. |
6 | | Beginning October 1, 1993, a taxpayer who has an average |
7 | | monthly tax liability of $150,000 or more shall make all |
8 | | payments required by rules of the Department by electronic |
9 | | funds transfer. Beginning October 1, 1994, a taxpayer who has |
10 | | an average monthly tax liability of $100,000 or more shall |
11 | | make all payments required by rules of the Department by |
12 | | electronic funds transfer. Beginning October 1, 1995, a |
13 | | taxpayer who has an average monthly tax liability of $50,000 |
14 | | or more shall make all payments required by rules of the |
15 | | Department by electronic funds transfer. Beginning October 1, |
16 | | 2000, a taxpayer who has an annual tax liability of $200,000 or |
17 | | more shall make all payments required by rules of the |
18 | | Department by electronic funds transfer. The term "annual tax |
19 | | liability" shall be the sum of the taxpayer's liabilities |
20 | | under this Act, and under all other State and local occupation |
21 | | and use tax laws administered by the Department, for the |
22 | | immediately preceding calendar year. The term "average monthly |
23 | | tax liability" means the sum of the taxpayer's liabilities |
24 | | under this Act, and under all other State and local occupation |
25 | | and use tax laws administered by the Department, for the |
26 | | immediately preceding calendar year divided by 12. Beginning |
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1 | | on October 1, 2002, a taxpayer who has a tax liability in the |
2 | | amount set forth in subsection (b) of Section 2505-210 of the |
3 | | Department of Revenue Law shall make all payments required by |
4 | | rules of the Department by electronic funds transfer. |
5 | | Before August 1 of each year beginning in 1993, the |
6 | | Department shall notify all taxpayers required to make |
7 | | payments by electronic funds transfer. All taxpayers required |
8 | | to make payments by electronic funds transfer shall make those |
9 | | payments for a minimum of one year beginning on October 1. |
10 | | Any taxpayer not required to make payments by electronic |
11 | | funds transfer may make payments by electronic funds transfer |
12 | | with the permission of the Department. |
13 | | All taxpayers required to make payment by electronic funds |
14 | | transfer and any taxpayers authorized to voluntarily make |
15 | | payments by electronic funds transfer shall make those |
16 | | payments in the manner authorized by the Department. |
17 | | The Department shall adopt such rules as are necessary to |
18 | | effectuate a program of electronic funds transfer and the |
19 | | requirements of this Section. |
20 | | Before October 1, 2000, if the taxpayer's average monthly |
21 | | tax liability to the Department under this Act, the Retailers' |
22 | | Occupation Tax Act, the Service Occupation Tax Act, the |
23 | | Service Use Tax Act was $10,000 or more during the preceding 4 |
24 | | complete calendar quarters, he shall file a return with the |
25 | | Department each month by the 20th day of the month next |
26 | | following the month during which such tax liability is |
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1 | | incurred and shall make payments to the Department on or |
2 | | before the 7th, 15th, 22nd and last day of the month during |
3 | | which such liability is incurred. On and after October 1, |
4 | | 2000, if the taxpayer's average monthly tax liability to the |
5 | | Department under this Act, the Retailers' Occupation Tax Act, |
6 | | the Service Occupation Tax Act, and the Service Use Tax Act was |
7 | | $20,000 or more during the preceding 4 complete calendar |
8 | | quarters, he shall file a return with the Department each |
9 | | month by the 20th day of the month next following the month |
10 | | during which such tax liability is incurred and shall make |
11 | | payment to the Department on or before the 7th, 15th, 22nd and |
12 | | last day of the month during which such liability is incurred. |
13 | | If the month during which such tax liability is incurred began |
14 | | prior to January 1, 1985, each payment shall be in an amount |
15 | | equal to 1/4 of the taxpayer's actual liability for the month |
16 | | or an amount set by the Department not to exceed 1/4 of the |
17 | | average monthly liability of the taxpayer to the Department |
18 | | for the preceding 4 complete calendar quarters (excluding the |
19 | | month of highest liability and the month of lowest liability |
20 | | in such 4 quarter period). If the month during which such tax |
21 | | liability is incurred begins on or after January 1, 1985, and |
22 | | prior to 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 27.5% of the taxpayer's liability for the same |
25 | | calendar month of the preceding year. If the month during |
26 | | which such tax liability is incurred begins on or after |
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1 | | January 1, 1987, and prior to January 1, 1988, each payment |
2 | | shall be in an amount equal to 22.5% of the taxpayer's actual |
3 | | liability for the month or 26.25% of the taxpayer's liability |
4 | | for the same calendar month of the preceding year. If the month |
5 | | during which such tax liability is incurred begins on or after |
6 | | January 1, 1988, and prior to January 1, 1989, or begins on or |
7 | | after January 1, 1996, each payment shall be in an amount equal |
8 | | to 22.5% of the taxpayer's actual liability for the month or |
9 | | 25% of the taxpayer's liability for the same calendar month of |
10 | | the preceding year. If the month during which such tax |
11 | | liability is incurred begins on or after January 1, 1989, and |
12 | | prior to January 1, 1996, each payment shall be in an amount |
13 | | equal to 22.5% of the taxpayer's actual liability for the |
14 | | month or 25% of the taxpayer's liability for the same calendar |
15 | | month of the preceding year or 100% of the taxpayer's actual |
16 | | liability for the quarter monthly reporting period. The amount |
17 | | of such quarter monthly payments shall be credited against the |
18 | | final tax liability of the taxpayer's return for that month. |
19 | | Before October 1, 2000, once applicable, the requirement of |
20 | | the making of quarter monthly payments to the Department shall |
21 | | continue until such taxpayer's average monthly liability to |
22 | | the Department during the preceding 4 complete calendar |
23 | | quarters (excluding the month of highest liability and the |
24 | | month of lowest liability) is less than $9,000, or until such |
25 | | taxpayer's average monthly liability to the Department as |
26 | | computed for each calendar quarter of the 4 preceding complete |
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1 | | calendar quarter period is less than $10,000. However, if a |
2 | | taxpayer can show the Department that a substantial change in |
3 | | the taxpayer's business has occurred which causes the taxpayer |
4 | | to anticipate that his average monthly tax liability for the |
5 | | reasonably foreseeable future will fall below the $10,000 |
6 | | threshold stated above, then such taxpayer may petition the |
7 | | Department for change in such taxpayer's reporting status. On |
8 | | and after October 1, 2000, once applicable, the requirement of |
9 | | the making of quarter monthly payments to the Department shall |
10 | | continue until such taxpayer's average monthly liability to |
11 | | the Department during the preceding 4 complete calendar |
12 | | quarters (excluding the month of highest liability and the |
13 | | month of lowest liability) is less than $19,000 or until such |
14 | | taxpayer's average monthly liability to the Department as |
15 | | computed for each calendar quarter of the 4 preceding complete |
16 | | calendar quarter period is less than $20,000. However, if a |
17 | | taxpayer can show the Department that a substantial change in |
18 | | the taxpayer's business has occurred which causes the taxpayer |
19 | | to anticipate that his average monthly tax liability for the |
20 | | reasonably foreseeable future will fall below the $20,000 |
21 | | threshold stated above, then such taxpayer may petition the |
22 | | Department for a change in such taxpayer's reporting status. |
23 | | The Department shall change such taxpayer's reporting status |
24 | | unless it finds that such change is seasonal in nature and not |
25 | | likely to be long term. Quarter monthly payment status shall |
26 | | be determined under this paragraph as if the rate reduction to |
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1 | | 1.25% in Public Act 102-700 on sales tax holiday items had not |
2 | | occurred. For quarter monthly payments due on or after July 1, |
3 | | 2023 and through June 30, 2024, "25% of the taxpayer's |
4 | | liability for the same calendar month of the preceding year" |
5 | | shall be determined as if the rate reduction to 1.25% in Public |
6 | | Act 102-700 on sales tax holiday items had not occurred. |
7 | | Quarter monthly payment status shall be determined under this |
8 | | paragraph as if the rate reduction to 0% in Public Act 102-700 |
9 | | on food for human consumption that is to be consumed off the |
10 | | premises where it is sold (other than alcoholic beverages, |
11 | | food consisting of or infused with adult use cannabis, soft |
12 | | drinks, and food that has been prepared for immediate |
13 | | consumption) had not occurred. For quarter monthly payments |
14 | | due under this paragraph on or after July 1, 2023 and through |
15 | | June 30, 2024, "25% of the taxpayer's liability for the same |
16 | | calendar month of the preceding year" shall be determined as |
17 | | if the rate reduction to 0% in Public Act 102-700 had not |
18 | | occurred. If any such quarter monthly payment is not paid at |
19 | | the time or in the amount required by this Section, then the |
20 | | taxpayer shall be liable for penalties and interest on the |
21 | | difference between the minimum amount due and the amount of |
22 | | such quarter monthly payment actually and timely paid, except |
23 | | insofar as the taxpayer has previously made payments for that |
24 | | month to the Department in excess of the minimum payments |
25 | | previously due as provided in this Section. The Department |
26 | | shall make reasonable rules and regulations to govern the |
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1 | | quarter monthly payment amount and quarter monthly payment |
2 | | dates for taxpayers who file on other than a calendar monthly |
3 | | basis. |
4 | | If any such payment provided for in this Section exceeds |
5 | | the taxpayer's liabilities under this Act, the Retailers' |
6 | | Occupation Tax Act, the Service Occupation Tax Act and the |
7 | | Service Use Tax Act, as shown by an original monthly return, |
8 | | the Department shall issue to the taxpayer a credit memorandum |
9 | | no later than 30 days after the date of payment, which |
10 | | memorandum may be submitted by the taxpayer to the Department |
11 | | in payment of tax liability subsequently to be remitted by the |
12 | | taxpayer to the Department or be assigned by the taxpayer to a |
13 | | similar taxpayer under this Act, the Retailers' Occupation Tax |
14 | | Act, the Service Occupation Tax Act or the Service Use Tax Act, |
15 | | in accordance with reasonable rules and regulations to be |
16 | | prescribed by the Department, except that if such excess |
17 | | payment is shown on an original monthly return and is made |
18 | | after December 31, 1986, no credit memorandum shall be issued, |
19 | | unless requested by the taxpayer. If no such request is made, |
20 | | the taxpayer may credit such excess payment against tax |
21 | | liability subsequently to be remitted by the taxpayer to the |
22 | | Department under this Act, the Retailers' Occupation Tax Act, |
23 | | the Service Occupation Tax Act or the Service Use Tax Act, in |
24 | | accordance with reasonable rules and regulations prescribed by |
25 | | the Department. If the Department subsequently determines that |
26 | | all or any part of the credit taken was not actually due to the |
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1 | | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall |
2 | | be reduced by 2.1% or 1.75% of the difference between the |
3 | | credit taken and that actually due, and the taxpayer shall be |
4 | | liable for penalties and interest on such difference. |
5 | | If the retailer is otherwise required to file a monthly |
6 | | return and if the retailer's average monthly tax liability to |
7 | | the Department does not exceed $200, the Department may |
8 | | authorize his returns to be filed on a quarter annual basis, |
9 | | with the return for January, February, and March of a given |
10 | | year being due by April 20 of such year; with the return for |
11 | | April, May and June of a given year being due by July 20 of |
12 | | such year; with the return for July, August and September of a |
13 | | given year being due by October 20 of such year, and with the |
14 | | return for October, November and December of a given year |
15 | | being due by January 20 of the following year. |
16 | | If the retailer is otherwise required to file a monthly or |
17 | | quarterly return and if the retailer's average monthly tax |
18 | | liability to the Department does not exceed $50, the |
19 | | Department may authorize his returns to be filed on an annual |
20 | | basis, with the return for a given year being due by January 20 |
21 | | of the following year. |
22 | | Such quarter annual and annual returns, as to form and |
23 | | substance, shall be subject to the same requirements as |
24 | | monthly returns. |
25 | | Notwithstanding any other provision in this Act concerning |
26 | | the time within which a retailer may file his return, in the |
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1 | | case of any retailer who ceases to engage in a kind of business |
2 | | which makes him responsible for filing returns under this Act, |
3 | | such retailer shall file a final return under this Act with the |
4 | | Department not more than one month after discontinuing such |
5 | | business. |
6 | | In addition, with respect to motor vehicles, watercraft, |
7 | | aircraft, and trailers that are required to be registered with |
8 | | an agency of this State, except as otherwise provided in this |
9 | | Section, every retailer selling this kind of tangible personal |
10 | | property shall file, with the Department, upon a form to be |
11 | | prescribed and supplied by the Department, a separate return |
12 | | for each such item of tangible personal property which the |
13 | | retailer sells, except that if, in the same transaction, (i) a |
14 | | retailer of aircraft, watercraft, motor vehicles or trailers |
15 | | transfers more than one aircraft, watercraft, motor vehicle or |
16 | | trailer to another aircraft, watercraft, motor vehicle or |
17 | | trailer retailer for the purpose of resale or (ii) a retailer |
18 | | of aircraft, watercraft, motor vehicles, or trailers transfers |
19 | | more than one aircraft, watercraft, motor vehicle, or trailer |
20 | | to a purchaser for use as a qualifying rolling stock as |
21 | | provided in Section 3-55 of this Act, then that seller may |
22 | | report the transfer of all the aircraft, watercraft, motor |
23 | | vehicles or trailers involved in that transaction to the |
24 | | Department on the same uniform invoice-transaction reporting |
25 | | return form. For purposes of this Section, "watercraft" means |
26 | | a Class 2, Class 3, or Class 4 watercraft as defined in Section |
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1 | | 3-2 of the Boat Registration and Safety Act, a personal |
2 | | watercraft, or any boat equipped with an inboard motor. |
3 | | In addition, with respect to motor vehicles, watercraft, |
4 | | aircraft, and trailers that are required to be registered with |
5 | | an agency of this State, every person who is engaged in the |
6 | | business of leasing or renting such items and who, in |
7 | | connection with such business, sells any such item to a |
8 | | retailer for the purpose of resale is, notwithstanding any |
9 | | other provision of this Section to the contrary, authorized to |
10 | | meet the return-filing requirement of this Act by reporting |
11 | | the transfer of all the aircraft, watercraft, motor vehicles, |
12 | | or trailers transferred for resale during a month to the |
13 | | Department on the same uniform invoice-transaction reporting |
14 | | return form on or before the 20th of the month following the |
15 | | month in which the transfer takes place. Notwithstanding any |
16 | | other provision of this Act to the contrary, all returns filed |
17 | | under this paragraph must be filed by electronic means in the |
18 | | manner and form as required by the Department. |
19 | | The transaction reporting return in the case of motor |
20 | | vehicles or trailers that are required to be registered with |
21 | | an agency of this State, shall be the same document as the |
22 | | Uniform Invoice referred to in Section 5-402 of the Illinois |
23 | | Vehicle Code and must show the name and address of the seller; |
24 | | the name and address of the purchaser; the amount of the |
25 | | selling price including the amount allowed by the retailer for |
26 | | traded-in property, if any; the amount allowed by the retailer |
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1 | | for the traded-in tangible personal property, if any, to the |
2 | | extent to which Section 2 of this Act allows an exemption for |
3 | | the value of traded-in property; the balance payable after |
4 | | deducting such trade-in allowance from the total selling |
5 | | price; the amount of tax due from the retailer with respect to |
6 | | such transaction; the amount of tax collected from the |
7 | | purchaser by the retailer on such transaction (or satisfactory |
8 | | evidence that such tax is not due in that particular instance, |
9 | | if that is claimed to be the fact); the place and date of the |
10 | | sale; a sufficient identification of the property sold; such |
11 | | other information as is required in Section 5-402 of the |
12 | | Illinois Vehicle Code, and such other information as the |
13 | | Department may reasonably require. |
14 | | The transaction reporting return in the case of watercraft |
15 | | and aircraft must show the name and address of the seller; the |
16 | | name and address of the purchaser; the amount of the selling |
17 | | price including the amount allowed by the retailer for |
18 | | traded-in property, if any; the amount allowed by the retailer |
19 | | for the traded-in tangible personal property, if any, to the |
20 | | extent to which Section 2 of this Act allows an exemption for |
21 | | the value of traded-in property; the balance payable after |
22 | | deducting such trade-in allowance from the total selling |
23 | | price; the amount of tax due from the retailer with respect to |
24 | | such transaction; the amount of tax collected from the |
25 | | purchaser by the retailer on such transaction (or satisfactory |
26 | | evidence that such tax is not due in that particular instance, |
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1 | | if that is claimed to be the fact); the place and date of the |
2 | | sale, a sufficient identification of the property sold, and |
3 | | such other information as the Department may reasonably |
4 | | require. |
5 | | Such transaction reporting return shall be filed not later |
6 | | than 20 days after the date of delivery of the item that is |
7 | | being sold, but may be filed by the retailer at any time sooner |
8 | | than that if he chooses to do so. The transaction reporting |
9 | | return and tax remittance or proof of exemption from the tax |
10 | | that is imposed by this Act may be transmitted to the |
11 | | Department by way of the State agency with which, or State |
12 | | officer with whom, the tangible personal property must be |
13 | | titled or registered (if titling or registration is required) |
14 | | if the Department and such agency or State officer determine |
15 | | that this procedure will expedite the processing of |
16 | | applications for title or registration. |
17 | | With each such transaction reporting return, the retailer |
18 | | shall remit the proper amount of tax due (or shall submit |
19 | | satisfactory evidence that the sale is not taxable if that is |
20 | | the case), to the Department or its agents, whereupon the |
21 | | Department shall issue, in the purchaser's name, a tax receipt |
22 | | (or a certificate of exemption if the Department is satisfied |
23 | | that the particular sale is tax exempt) which such purchaser |
24 | | may submit to the agency with which, or State officer with |
25 | | whom, he must title or register the tangible personal property |
26 | | that is involved (if titling or registration is required) in |
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1 | | support of such purchaser's application for an Illinois |
2 | | certificate or other evidence of title or registration to such |
3 | | tangible personal property. |
4 | | No retailer's failure or refusal to remit tax under this |
5 | | Act precludes a user, who has paid the proper tax to the |
6 | | retailer, from obtaining his certificate of title or other |
7 | | evidence of title or registration (if titling or registration |
8 | | is required) upon satisfying the Department that such user has |
9 | | paid the proper tax (if tax is due) to the retailer. The |
10 | | Department shall adopt appropriate rules to carry out the |
11 | | mandate of this paragraph. |
12 | | If the user who would otherwise pay tax to the retailer |
13 | | wants the transaction reporting return filed and the payment |
14 | | of tax or proof of exemption made to the Department before the |
15 | | retailer is willing to take these actions and such user has not |
16 | | paid the tax to the retailer, such user may certify to the fact |
17 | | of such delay by the retailer, and may (upon the Department |
18 | | being satisfied of the truth of such certification) transmit |
19 | | the information required by the transaction reporting return |
20 | | and the remittance for tax or proof of exemption directly to |
21 | | the Department and obtain his tax receipt or exemption |
22 | | determination, in which event the transaction reporting return |
23 | | and tax remittance (if a tax payment was required) shall be |
24 | | credited by the Department to the proper retailer's account |
25 | | with the Department, but without the 2.1% or 1.75% discount |
26 | | provided for in this Section being allowed. When the user pays |
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1 | | the tax directly to the Department, he shall pay the tax in the |
2 | | same amount and in the same form in which it would be remitted |
3 | | if the tax had been remitted to the Department by the retailer. |
4 | | Where a retailer collects the tax with respect to the |
5 | | selling price of tangible personal property which he sells and |
6 | | the purchaser thereafter returns such tangible personal |
7 | | property and the retailer refunds the selling price thereof to |
8 | | the purchaser, such retailer shall also refund, to the |
9 | | purchaser, the tax so collected from the purchaser. When |
10 | | filing his return for the period in which he refunds such tax |
11 | | to the purchaser, the retailer may deduct the amount of the tax |
12 | | so refunded by him to the purchaser from any other use tax |
13 | | which such retailer may be required to pay or remit to the |
14 | | Department, as shown by such return, if the amount of the tax |
15 | | to be deducted was previously remitted to the Department by |
16 | | such retailer. If the retailer has not previously remitted the |
17 | | amount of such tax to the Department, he is entitled to no |
18 | | deduction under this Act upon refunding such tax to the |
19 | | purchaser. |
20 | | Any retailer filing a return under this Section shall also |
21 | | include (for the purpose of paying tax thereon) the total tax |
22 | | covered by such return upon the selling price of tangible |
23 | | personal property purchased by him at retail from a retailer, |
24 | | but as to which the tax imposed by this Act was not collected |
25 | | from the retailer filing such return, and such retailer shall |
26 | | remit the amount of such tax to the Department when filing such |
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1 | | return. |
2 | | If experience indicates such action to be practicable, the |
3 | | Department may prescribe and furnish a combination or joint |
4 | | return which will enable retailers, who are required to file |
5 | | returns hereunder and also under the Retailers' Occupation Tax |
6 | | Act, to furnish all the return information required by both |
7 | | Acts on the one form. |
8 | | Where the retailer has more than one business registered |
9 | | with the Department under separate registration under this |
10 | | Act, such retailer may not file each return that is due as a |
11 | | single return covering all such registered businesses, but |
12 | | shall file separate returns for each such registered business. |
13 | | Beginning January 1, 1990, each month the Department shall |
14 | | pay into the State and Local Sales Tax Reform Fund, a special |
15 | | fund in the State Treasury which is hereby created, the net |
16 | | revenue realized for the preceding month from the 1% tax |
17 | | imposed under this Act. |
18 | | Beginning January 1, 1990, each month the Department shall |
19 | | pay into the County and Mass Transit District Fund 4% of the |
20 | | net revenue realized for the preceding month from the 6.25% |
21 | | general rate on the selling price of tangible personal |
22 | | property which is purchased outside Illinois at retail from a |
23 | | retailer and which is titled or registered by an agency of this |
24 | | State's government. |
25 | | Beginning January 1, 1990, each month the Department shall |
26 | | pay into the State and Local Sales Tax Reform Fund, a special |
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1 | | fund in the State Treasury, 20% of the net revenue realized for |
2 | | the preceding month from the 6.25% general rate on the selling |
3 | | price of tangible personal property, other than (i) tangible |
4 | | personal property which is purchased outside Illinois at |
5 | | retail from a retailer and which is titled or registered by an |
6 | | agency of this State's government and (ii) aviation fuel sold |
7 | | on or after December 1, 2019. This exception for aviation fuel |
8 | | only applies for so long as the revenue use requirements of 49 |
9 | | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. |
10 | | For aviation fuel sold on or after December 1, 2019 and |
11 | | before July 1, 2024 , each month the Department shall pay into |
12 | | the State Aviation Program Fund 20% of the net revenue |
13 | | realized for the preceding month from the 6.25% general rate |
14 | | on the selling price of aviation fuel, less an amount |
15 | | estimated by the Department to be required for refunds of the |
16 | | 20% portion of the tax on aviation fuel under this Act, which |
17 | | amount shall be deposited into the Aviation Fuel Sales Tax |
18 | | Refund Fund. For aviation fuel sold on or after July 1, 2024, |
19 | | each month the Department shall pay into the State Aviation |
20 | | Program Fund 25% of the net revenue realized for the preceding |
21 | | month from the 6.25% general rate on the selling price of |
22 | | aviation fuel, less an amount estimated by the Department to |
23 | | be required for refunds of the 20% or 25% portion of the tax on |
24 | | aviation fuel under this Act, as applicable, which amount |
25 | | shall be deposited into the Aviation Fuel Sales Tax Refund |
26 | | Fund. The Department shall only pay moneys into the State |
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1 | | Aviation Program Fund and the Aviation Fuels Sales Tax Refund |
2 | | Fund under this Act for so long as the revenue use requirements |
3 | | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the |
4 | | State. |
5 | | Beginning August 1, 2000, each month the Department shall |
6 | | pay into the State and Local Sales Tax Reform Fund 100% of the |
7 | | net revenue realized for the preceding month from the 1.25% |
8 | | rate on the selling price of motor fuel and gasohol. If, in any |
9 | | month, the tax on sales tax holiday items, as defined in |
10 | | Section 3-6, is imposed at the rate of 1.25%, then the |
11 | | Department shall pay 100% of the net revenue realized for that |
12 | | month from the 1.25% rate on the selling price of sales tax |
13 | | holiday items into the State and Local Sales Tax Reform Fund. |
14 | | Beginning January 1, 1990, each month the Department shall |
15 | | pay into the Local Government Tax Fund 16% of the net revenue |
16 | | realized for the preceding month from the 6.25% general rate |
17 | | on the selling price of tangible personal property which is |
18 | | purchased outside Illinois at retail from a retailer and which |
19 | | is titled or registered by an agency of this State's |
20 | | government. |
21 | | Beginning October 1, 2009, each month the Department shall |
22 | | pay into the Capital Projects Fund an amount that is equal to |
23 | | an amount estimated by the Department to represent 80% of the |
24 | | net revenue realized for the preceding month from the sale of |
25 | | candy, grooming and hygiene products, and soft drinks that had |
26 | | been taxed at a rate of 1% prior to September 1, 2009 but that |
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1 | | are now taxed at 6.25%. |
2 | | Beginning July 1, 2011, each month the Department shall |
3 | | pay into the Clean Air Act Permit Fund 80% of the net revenue |
4 | | realized for the preceding month from the 6.25% general rate |
5 | | on the selling price of sorbents used in Illinois in the |
6 | | process of sorbent injection as used to comply with the |
7 | | Environmental Protection Act or the federal Clean Air Act, but |
8 | | the total payment into the Clean Air Act Permit Fund under this |
9 | | Act and the Retailers' Occupation Tax Act shall not exceed |
10 | | $2,000,000 in any fiscal year. |
11 | | Beginning July 1, 2013, each month the Department shall |
12 | | pay into the Underground Storage Tank Fund from the proceeds |
13 | | collected under this Act, the Service Use Tax Act, the Service |
14 | | Occupation Tax Act, and the Retailers' Occupation Tax Act an |
15 | | amount equal to the average monthly deficit in the Underground |
16 | | Storage Tank Fund during the prior year, as certified annually |
17 | | by the Illinois Environmental Protection Agency, but the total |
18 | | payment into the Underground Storage Tank Fund under this Act, |
19 | | the Service Use Tax Act, the Service Occupation Tax Act, and |
20 | | the Retailers' Occupation Tax Act shall not exceed $18,000,000 |
21 | | in any State fiscal year. As used in this paragraph, the |
22 | | "average monthly deficit" shall be equal to the difference |
23 | | between the average monthly claims for payment by the fund and |
24 | | the average monthly revenues deposited into the fund, |
25 | | excluding payments made pursuant to this paragraph. |
26 | | Beginning July 1, 2015, of the remainder of the moneys |
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1 | | received by the Department under this Act, the Service Use Tax |
2 | | Act, the Service Occupation Tax Act, and the Retailers' |
3 | | Occupation Tax Act, each month the Department shall deposit |
4 | | $500,000 into the State Crime Laboratory Fund. |
5 | | Of the remainder of the moneys received by the Department |
6 | | pursuant to this Act, (a) 1.75% thereof shall be paid into the |
7 | | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on |
8 | | and after July 1, 1989, 3.8% thereof shall be paid into the |
9 | | Build Illinois Fund; provided, however, that if in any fiscal |
10 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case |
11 | | may be, of the moneys received by the Department and required |
12 | | to be paid into the Build Illinois Fund pursuant to Section 3 |
13 | | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax |
14 | | Act, Section 9 of the Service Use Tax Act, and Section 9 of the |
15 | | Service Occupation Tax Act, such Acts being hereinafter called |
16 | | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case |
17 | | may be, of moneys being hereinafter called the "Tax Act |
18 | | Amount", and (2) the amount transferred to the Build Illinois |
19 | | Fund from the State and Local Sales Tax Reform Fund shall be |
20 | | less than the Annual Specified Amount (as defined in Section 3 |
21 | | of the Retailers' Occupation Tax Act), an amount equal to the |
22 | | difference shall be immediately paid into the Build Illinois |
23 | | Fund from other moneys received by the Department pursuant to |
24 | | the Tax Acts; and further provided, that if on the last |
25 | | business day of any month the sum of (1) the Tax Act Amount |
26 | | required to be deposited into the Build Illinois Bond Account |
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1 | | in the Build Illinois Fund during such month and (2) the amount |
2 | | transferred during such month to the Build Illinois Fund from |
3 | | the State and Local Sales Tax Reform Fund shall have been less |
4 | | than 1/12 of the Annual Specified Amount, an amount equal to |
5 | | the difference shall be immediately paid into the Build |
6 | | Illinois Fund from other moneys received by the Department |
7 | | pursuant to the Tax Acts; and, further provided, that in no |
8 | | event shall the payments required under the preceding proviso |
9 | | result in aggregate payments into the Build Illinois Fund |
10 | | pursuant to this clause (b) for any fiscal year in excess of |
11 | | the greater of (i) the Tax Act Amount or (ii) the Annual |
12 | | Specified Amount for such fiscal year; and, further provided, |
13 | | that the amounts payable into the Build Illinois Fund under |
14 | | this clause (b) shall be payable only until such time as the |
15 | | aggregate amount on deposit under each trust indenture |
16 | | securing Bonds issued and outstanding pursuant to the Build |
17 | | Illinois Bond Act is sufficient, taking into account any |
18 | | future investment income, to fully provide, in accordance with |
19 | | such indenture, for the defeasance of or the payment of the |
20 | | principal of, premium, if any, and interest on the Bonds |
21 | | secured by such indenture and on any Bonds expected to be |
22 | | issued thereafter and all fees and costs payable with respect |
23 | | thereto, all as certified by the Director of the Bureau of the |
24 | | Budget (now Governor's Office of Management and Budget). If on |
25 | | the last business day of any month in which Bonds are |
26 | | outstanding pursuant to the Build Illinois Bond Act, the |
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1 | | aggregate of the moneys deposited in the Build Illinois Bond |
2 | | Account in the Build Illinois Fund in such month shall be less |
3 | | than the amount required to be transferred in such month from |
4 | | the Build Illinois Bond Account to the Build Illinois Bond |
5 | | Retirement and Interest Fund pursuant to Section 13 of the |
6 | | Build Illinois Bond Act, an amount equal to such deficiency |
7 | | shall be immediately paid from other moneys received by the |
8 | | Department pursuant to the Tax Acts to the Build Illinois |
9 | | Fund; provided, however, that any amounts paid to the Build |
10 | | Illinois Fund in any fiscal year pursuant to this sentence |
11 | | shall be deemed to constitute payments pursuant to clause (b) |
12 | | of the preceding sentence and shall reduce the amount |
13 | | otherwise payable for such fiscal year pursuant to clause (b) |
14 | | of the preceding sentence. The moneys received by the |
15 | | Department pursuant to this Act and required to be deposited |
16 | | into the Build Illinois Fund are subject to the pledge, claim |
17 | | and charge set forth in Section 12 of the Build Illinois Bond |
18 | | Act. |
19 | | Subject to payment of amounts into the Build Illinois Fund |
20 | | as provided in the preceding paragraph or in any amendment |
21 | | thereto hereafter enacted, the following specified monthly |
22 | | installment of the amount requested in the certificate of the |
23 | | Chairman of the Metropolitan Pier and Exposition Authority |
24 | | provided under Section 8.25f of the State Finance Act, but not |
25 | | in excess of the sums designated as "Total Deposit", shall be |
26 | | deposited in the aggregate from collections under Section 9 of |
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1 | | the Use Tax Act, Section 9 of the Service Use Tax Act, Section |
2 | | 9 of the Service Occupation Tax Act, and Section 3 of the |
3 | | Retailers' Occupation Tax Act into the McCormick Place |
4 | | Expansion Project Fund in the specified fiscal years. |
|
5 | | Fiscal Year | | Total Deposit | |
6 | | 1993 | | $0 | |
7 | | 1994 | | 53,000,000 | |
8 | | 1995 | | 58,000,000 | |
9 | | 1996 | | 61,000,000 | |
10 | | 1997 | | 64,000,000 | |
11 | | 1998 | | 68,000,000 | |
12 | | 1999 | | 71,000,000 | |
13 | | 2000 | | 75,000,000 | |
14 | | 2001 | | 80,000,000 | |
15 | | 2002 | | 93,000,000 | |
16 | | 2003 | | 99,000,000 | |
17 | | 2004 | | 103,000,000 | |
18 | | 2005 | | 108,000,000 | |
19 | | 2006 | | 113,000,000 | |
20 | | 2007 | | 119,000,000 | |
21 | | 2008 | | 126,000,000 | |
22 | | 2009 | | 132,000,000 | |
23 | | 2010 | | 139,000,000 | |
24 | | 2011 | | 146,000,000 | |
25 | | 2012 | | 153,000,000 | |
26 | | 2013 | | 161,000,000 | |
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1 | | 2014 | | 170,000,000 | |
2 | | 2015 | | 179,000,000 | |
3 | | 2016 | | 189,000,000 | |
4 | | 2017 | | 199,000,000 | |
5 | | 2018 | | 210,000,000 | |
6 | | 2019 | | 221,000,000 | |
7 | | 2020 | | 233,000,000 | |
8 | | 2021 | | 300,000,000 | |
9 | | 2022 | | 300,000,000 | |
10 | | 2023 | | 300,000,000 | |
11 | | 2024 | | 300,000,000 | |
12 | | 2025 | | 300,000,000 | |
13 | | 2026 | | 300,000,000 | |
14 | | 2027 | | 375,000,000 | |
15 | | 2028 | | 375,000,000 | |
16 | | 2029 | | 375,000,000 | |
17 | | 2030 | | 375,000,000 | |
18 | | 2031 | | 375,000,000 | |
19 | | 2032 | | 375,000,000 | |
20 | | 2033 | | 375,000,000 | |
21 | | 2034 | | 375,000,000 | |
22 | | 2035 | | 375,000,000 | |
23 | | 2036 | | 450,000,000 | |
24 | | and | | | |
25 | | each fiscal year | | | |
26 | | thereafter that bonds | | | |
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1 | | are outstanding under | | | |
2 | | Section 13.2 of the | | | |
3 | | Metropolitan Pier and | | | |
4 | | Exposition Authority Act, | | | |
5 | | but not after fiscal year 2060. | | |
|
6 | | Beginning July 20, 1993 and in each month of each fiscal |
7 | | year thereafter, one-eighth of the amount requested in the |
8 | | certificate of the Chairman of the Metropolitan Pier and |
9 | | Exposition Authority for that fiscal year, less the amount |
10 | | deposited into the McCormick Place Expansion Project Fund by |
11 | | the State Treasurer in the respective month under subsection |
12 | | (g) of Section 13 of the Metropolitan Pier and Exposition |
13 | | Authority Act, plus cumulative deficiencies in the deposits |
14 | | required under this Section for previous months and years, |
15 | | shall be deposited into the McCormick Place Expansion Project |
16 | | Fund, until the full amount requested for the fiscal year, but |
17 | | not in excess of the amount specified above as "Total |
18 | | Deposit", has been deposited. |
19 | | Subject to payment of amounts into the Capital Projects |
20 | | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, |
21 | | and the McCormick Place Expansion Project Fund pursuant to the |
22 | | preceding paragraphs or in any amendments thereto hereafter |
23 | | enacted, for aviation fuel sold on or after December 1, 2019, |
24 | | the Department shall each month deposit into the Aviation Fuel |
25 | | Sales Tax Refund Fund an amount estimated by the Department to |
26 | | be required for refunds of the 80% portion of the tax on |
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1 | | aviation fuel under this Act. The Department shall only |
2 | | deposit moneys into the Aviation Fuel Sales Tax Refund Fund |
3 | | under this paragraph for so long as the revenue use |
4 | | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are |
5 | | binding on the State. |
6 | | Subject to payment of amounts into the Build Illinois Fund |
7 | | and the McCormick Place Expansion Project Fund pursuant to the |
8 | | preceding paragraphs or in any amendments thereto hereafter |
9 | | enacted, beginning July 1, 1993 and ending on September 30, |
10 | | 2013, the Department shall each month pay into the Illinois |
11 | | Tax Increment Fund 0.27% of 80% of the net revenue realized for |
12 | | the preceding month from the 6.25% general rate on the selling |
13 | | price of tangible personal property. |
14 | | Subject to payment of amounts into the Build Illinois |
15 | | Fund, the McCormick Place Expansion Project Fund, the Illinois |
16 | | Tax Increment Fund, and the Energy Infrastructure Fund |
17 | | pursuant to the preceding paragraphs or in any amendments to |
18 | | this Section hereafter enacted, beginning on the first day of |
19 | | the first calendar month to occur on or after August 26, 2014 |
20 | | (the effective date of Public Act 98-1098), each month, from |
21 | | the collections made under Section 9 of the Use Tax Act, |
22 | | Section 9 of the Service Use Tax Act, Section 9 of the Service |
23 | | Occupation Tax Act, and Section 3 of the Retailers' Occupation |
24 | | Tax Act, the Department shall pay into the Tax Compliance and |
25 | | Administration Fund, to be used, subject to appropriation, to |
26 | | fund additional auditors and compliance personnel at the |
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1 | | Department of Revenue, an amount equal to 1/12 of 5% of 80% of |
2 | | the cash receipts collected during the preceding fiscal year |
3 | | by the Audit Bureau of the Department under the Use Tax Act, |
4 | | the Service Use Tax Act, the Service Occupation Tax Act, the |
5 | | Retailers' Occupation Tax Act, and associated local occupation |
6 | | and use taxes administered by the Department. |
7 | | Subject to payments of amounts into the Build Illinois |
8 | | Fund, the McCormick Place Expansion Project Fund, the Illinois |
9 | | Tax Increment Fund, and the Tax Compliance and Administration |
10 | | Fund as provided in this Section, beginning on July 1, 2018 the |
11 | | Department shall pay each month into the Downstate Public |
12 | | Transportation Fund the moneys required to be so paid under |
13 | | Section 2-3 of the Downstate Public Transportation Act. |
14 | | Subject to successful execution and delivery of a |
15 | | public-private agreement between the public agency and private |
16 | | entity and completion of the civic build, beginning on July 1, |
17 | | 2023, of the remainder of the moneys received by the |
18 | | Department under the Use Tax Act, the Service Use Tax Act, the |
19 | | Service Occupation Tax Act, and this Act, the Department shall |
20 | | deposit the following specified deposits in the aggregate from |
21 | | collections under the Use Tax Act, the Service Use Tax Act, the |
22 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
23 | | Act, as required under Section 8.25g of the State Finance Act |
24 | | for distribution consistent with the Public-Private |
25 | | Partnership for Civic and Transit Infrastructure Project Act. |
26 | | The moneys received by the Department pursuant to this Act and |
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1 | | required to be deposited into the Civic and Transit |
2 | | Infrastructure Fund are subject to the pledge, claim, and |
3 | | charge set forth in Section 25-55 of the Public-Private |
4 | | Partnership for Civic and Transit Infrastructure Project Act. |
5 | | As used in this paragraph, "civic build", "private entity", |
6 | | "public-private agreement", and "public agency" have the |
7 | | meanings provided in Section 25-10 of the Public-Private |
8 | | Partnership for Civic and Transit Infrastructure Project Act. |
9 | | Fiscal Year ............................Total Deposit |
10 | | 2024 ....................................$200,000,000 |
11 | | 2025 ....................................$206,000,000 |
12 | | 2026 ....................................$212,200,000 |
13 | | 2027 ....................................$218,500,000 |
14 | | 2028 ....................................$225,100,000 |
15 | | 2029 ....................................$288,700,000 |
16 | | 2030 ....................................$298,900,000 |
17 | | 2031 ....................................$309,300,000 |
18 | | 2032 ....................................$320,100,000 |
19 | | 2033 ....................................$331,200,000 |
20 | | 2034 ....................................$341,200,000 |
21 | | 2035 ....................................$351,400,000 |
22 | | 2036 ....................................$361,900,000 |
23 | | 2037 ....................................$372,800,000 |
24 | | 2038 ....................................$384,000,000 |
25 | | 2039 ....................................$395,500,000 |
26 | | 2040 ....................................$407,400,000 |
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1 | | 2041 ....................................$419,600,000 |
2 | | 2042 ....................................$432,200,000 |
3 | | 2043 ....................................$445,100,000 |
4 | | Beginning July 1, 2021 and until July 1, 2022, subject to |
5 | | the payment of amounts into the State and Local Sales Tax |
6 | | Reform Fund, the Build Illinois Fund, the McCormick Place |
7 | | Expansion Project Fund, the Illinois Tax Increment Fund, and |
8 | | the Tax Compliance and Administration Fund as provided in this |
9 | | Section, the Department shall pay each month into the Road |
10 | | Fund the amount estimated to represent 16% of the net revenue |
11 | | realized from the taxes imposed on motor fuel and gasohol. |
12 | | Beginning July 1, 2022 and until July 1, 2023, subject to the |
13 | | payment of amounts into the State and Local Sales Tax Reform |
14 | | Fund, the Build Illinois Fund, the McCormick Place Expansion |
15 | | Project Fund, the Illinois Tax Increment Fund, and the Tax |
16 | | Compliance and Administration Fund as provided in this |
17 | | Section, the Department shall pay each month into the Road |
18 | | Fund the amount estimated to represent 32% of the net revenue |
19 | | realized from the taxes imposed on motor fuel and gasohol. |
20 | | Beginning July 1, 2023 and until July 1, 2024, subject to the |
21 | | payment of amounts into the State and Local Sales Tax Reform |
22 | | Fund, the Build Illinois Fund, the McCormick Place Expansion |
23 | | Project Fund, the Illinois Tax Increment Fund, and the Tax |
24 | | Compliance and Administration Fund as provided in this |
25 | | Section, the Department shall pay each month into the Road |
26 | | Fund the amount estimated to represent 48% of the net revenue |
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1 | | realized from the taxes imposed on motor fuel and gasohol. |
2 | | Beginning July 1, 2024 and until July 1, 2025, subject to the |
3 | | payment of amounts into the State and Local Sales Tax Reform |
4 | | Fund, the Build Illinois Fund, the McCormick Place Expansion |
5 | | Project Fund, the Illinois Tax Increment Fund, and the Tax |
6 | | Compliance and Administration Fund as provided in this |
7 | | Section, the Department shall pay each month into the Road |
8 | | Fund the amount estimated to represent 64% of the net revenue |
9 | | realized from the taxes imposed on motor fuel and gasohol. |
10 | | Beginning on July 1, 2025, subject to the payment of amounts |
11 | | into the State and Local Sales Tax Reform Fund, the Build |
12 | | Illinois Fund, the McCormick Place Expansion Project Fund, the |
13 | | Illinois Tax Increment Fund, and the Tax Compliance and |
14 | | Administration Fund as provided in this Section, the |
15 | | Department shall pay each month into the Road Fund the amount |
16 | | estimated to represent 80% of the net revenue realized from |
17 | | the taxes imposed on motor fuel and gasohol. As used in this |
18 | | paragraph "motor fuel" has the meaning given to that term in |
19 | | Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the |
20 | | meaning given to that term in Section 3-40 of this Act. |
21 | | Of the remainder of the moneys received by the Department |
22 | | pursuant to this Act, 75% thereof shall be paid into the State |
23 | | Treasury and 25% shall be reserved in a special account and |
24 | | used only for the transfer to the Common School Fund as part of |
25 | | the monthly transfer from the General Revenue Fund in |
26 | | accordance with Section 8a of the State Finance Act. |
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1 | | As soon as possible after the first day of each month, upon |
2 | | certification of the Department of Revenue, the Comptroller |
3 | | shall order transferred and the Treasurer shall transfer from |
4 | | the General Revenue Fund to the Motor Fuel Tax Fund an amount |
5 | | equal to 1.7% of 80% of the net revenue realized under this Act |
6 | | for the second preceding month. Beginning April 1, 2000, this |
7 | | transfer is no longer required and shall not be made. |
8 | | Net revenue realized for a month shall be the revenue |
9 | | collected by the State pursuant to this Act, less the amount |
10 | | paid out during that month as refunds to taxpayers for |
11 | | overpayment of liability. |
12 | | For greater simplicity of administration, manufacturers, |
13 | | importers and wholesalers whose products are sold at retail in |
14 | | Illinois by numerous retailers, and who wish to do so, may |
15 | | assume the responsibility for accounting and paying to the |
16 | | Department all tax accruing under this Act with respect to |
17 | | such sales, if the retailers who are affected do not make |
18 | | written objection to the Department to this arrangement. |
19 | | (Source: P.A. 102-700, Article 60, Section 60-15, eff. |
20 | | 4-19-22; 102-700, Article 65, Section 65-5, eff. 4-19-22; |
21 | | 102-1019, eff. 1-1-23; 103-154, eff. 6-30-23; 103-363, eff. |
22 | | 7-28-23.)
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23 | | Section 10. The Service Use Tax Act is amended by changing |
24 | | Section 9 as follows:
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1 | | (35 ILCS 110/9) (from Ch. 120, par. 439.39) |
2 | | Sec. 9. Each serviceman required or authorized to collect |
3 | | the tax herein imposed shall pay to the Department the amount |
4 | | of such tax (except as otherwise provided) at the time when he |
5 | | is required to file his return for the period during which such |
6 | | tax was collected, less a discount of 2.1% prior to January 1, |
7 | | 1990 and 1.75% on and after January 1, 1990, or $5 per calendar |
8 | | year, whichever is greater, which is allowed to reimburse the |
9 | | serviceman for expenses incurred in collecting the tax, |
10 | | keeping records, preparing and filing returns, remitting the |
11 | | tax and supplying data to the Department on request. When |
12 | | determining the discount allowed under this Section, |
13 | | servicemen shall include the amount of tax that would have |
14 | | been due at the 1% rate but for the 0% rate imposed under this |
15 | | amendatory Act of the 102nd General Assembly. The discount |
16 | | under this Section is not allowed for the 1.25% portion of |
17 | | taxes paid on aviation fuel that is subject to the revenue use |
18 | | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The |
19 | | discount allowed under this Section is allowed only for |
20 | | returns that are filed in the manner required by this Act. The |
21 | | Department may disallow the discount for servicemen whose |
22 | | certificate of registration is revoked at the time the return |
23 | | is filed, but only if the Department's decision to revoke the |
24 | | certificate of registration has become final. A serviceman |
25 | | need not remit that part of any tax collected by him to the |
26 | | extent that he is required to pay and does pay the tax imposed |
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1 | | by the Service Occupation Tax Act with respect to his sale of |
2 | | service involving the incidental transfer by him of the same |
3 | | property. |
4 | | Except as provided hereinafter in this Section, on or |
5 | | before the twentieth day of each calendar month, such |
6 | | serviceman shall file a return for the preceding calendar |
7 | | month in accordance with reasonable Rules and Regulations to |
8 | | be promulgated by the Department. Such return shall be filed |
9 | | on a form prescribed by the Department and shall contain such |
10 | | information as the Department may reasonably require. The |
11 | | return shall include the gross receipts which were received |
12 | | during the preceding calendar month or quarter on the |
13 | | following items upon which tax would have been due but for the |
14 | | 0% rate imposed under this amendatory Act of the 102nd General |
15 | | Assembly: (i) food for human consumption that is to be |
16 | | consumed off the premises where it is sold (other than |
17 | | alcoholic beverages, food consisting of or infused with adult |
18 | | use cannabis, soft drinks, and food that has been prepared for |
19 | | immediate consumption); and (ii) food prepared for immediate |
20 | | consumption and transferred incident to a sale of service |
21 | | subject to this Act or the Service Occupation Tax Act by an |
22 | | entity licensed under the Hospital Licensing Act, the Nursing |
23 | | Home Care Act, the Assisted Living and Shared Housing Act, the |
24 | | ID/DD Community Care Act, the MC/DD Act, the Specialized |
25 | | Mental Health Rehabilitation Act of 2013, or the Child Care |
26 | | Act of 1969, or an entity that holds a permit issued pursuant |
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1 | | to the Life Care Facilities Act. The return shall also include |
2 | | the amount of tax that would have been due on the items listed |
3 | | in the previous sentence but for the 0% rate imposed under this |
4 | | amendatory Act of the 102nd General Assembly. |
5 | | On and after January 1, 2018, with respect to servicemen |
6 | | whose annual gross receipts average $20,000 or more, all |
7 | | returns required to be filed pursuant to this Act shall be |
8 | | filed electronically. Servicemen who demonstrate that they do |
9 | | not have access to the Internet or demonstrate hardship in |
10 | | filing electronically may petition the Department to waive the |
11 | | electronic filing requirement. |
12 | | The Department may require returns to be filed on a |
13 | | quarterly basis. If so required, a return for each calendar |
14 | | quarter shall be filed on or before the twentieth day of the |
15 | | calendar month following the end of such calendar quarter. The |
16 | | taxpayer shall also file a return with the Department for each |
17 | | of the first two months of each calendar quarter, on or before |
18 | | the twentieth day of the following calendar month, stating: |
19 | | 1. The name of the seller; |
20 | | 2. The address of the principal place of business from |
21 | | which he engages in business as a serviceman in this |
22 | | State; |
23 | | 3. The total amount of taxable receipts received by |
24 | | him during the preceding calendar month, including |
25 | | receipts from charge and time sales, but less all |
26 | | deductions allowed by law; |
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1 | | 4. The amount of credit provided in Section 2d of this |
2 | | 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 Department |
6 | | may require. |
7 | | Each serviceman required or authorized to collect the tax |
8 | | imposed by this Act on aviation fuel transferred as an |
9 | | incident of a sale of service in this State during the |
10 | | preceding calendar month shall, instead of reporting and |
11 | | paying tax on aviation fuel as otherwise required by this |
12 | | Section, report and pay such tax on a separate aviation fuel |
13 | | tax return. The requirements related to the return shall be as |
14 | | otherwise provided in this Section. Notwithstanding any other |
15 | | provisions of this Act to the contrary, servicemen collecting |
16 | | tax on aviation fuel shall file all aviation fuel tax returns |
17 | | and shall make all aviation fuel tax payments by electronic |
18 | | means in the manner and form required by the Department. For |
19 | | purposes of this Section, "aviation fuel" means jet fuel and |
20 | | aviation gasoline. |
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 be |
24 | | due on the return shall be deemed assessed. |
25 | | Notwithstanding any other provision of this Act to the |
26 | | contrary, servicemen subject to tax on cannabis shall file all |
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1 | | cannabis tax returns and shall make all cannabis tax payments |
2 | | by electronic means in the manner and form required by the |
3 | | Department. |
4 | | Beginning October 1, 1993, a taxpayer who has an average |
5 | | monthly tax liability of $150,000 or more shall make all |
6 | | payments required by rules of the Department by electronic |
7 | | funds transfer. Beginning October 1, 1994, a taxpayer who has |
8 | | an average monthly tax liability of $100,000 or more shall |
9 | | make all payments required by rules of the Department by |
10 | | electronic funds transfer. Beginning October 1, 1995, a |
11 | | taxpayer who has an average monthly tax liability of $50,000 |
12 | | or more shall make all payments required by rules of the |
13 | | Department by electronic funds transfer. Beginning October 1, |
14 | | 2000, a taxpayer who has an annual tax liability of $200,000 or |
15 | | more shall make all payments required by rules of the |
16 | | Department by electronic funds transfer. The term "annual tax |
17 | | liability" shall be the sum of the taxpayer's liabilities |
18 | | under this Act, and under all other State and local occupation |
19 | | and use tax laws administered by the Department, for the |
20 | | immediately preceding calendar year. The term "average monthly |
21 | | tax liability" means the sum of the taxpayer's liabilities |
22 | | under this Act, and under all other State and local occupation |
23 | | and use tax laws administered by the Department, for the |
24 | | immediately preceding calendar year divided by 12. Beginning |
25 | | on October 1, 2002, a taxpayer who has a tax liability in the |
26 | | amount set forth in subsection (b) of Section 2505-210 of the |
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1 | | Department of Revenue Law shall make all payments required by |
2 | | rules of the Department by electronic funds transfer. |
3 | | Before August 1 of each year beginning in 1993, the |
4 | | Department shall notify all taxpayers required to make |
5 | | payments by electronic funds transfer. All taxpayers required |
6 | | to make payments by electronic funds transfer shall make those |
7 | | payments for a minimum of one year beginning on October 1. |
8 | | Any taxpayer not required to make payments by electronic |
9 | | funds transfer may make payments by electronic funds transfer |
10 | | with the permission of the Department. |
11 | | All taxpayers required to make payment by electronic funds |
12 | | transfer and any taxpayers authorized to voluntarily make |
13 | | payments by electronic funds transfer shall make those |
14 | | payments in the manner authorized by the Department. |
15 | | The Department shall adopt such rules as are necessary to |
16 | | effectuate a program of electronic funds transfer and the |
17 | | requirements of this Section. |
18 | | If the serviceman is otherwise required to file a monthly |
19 | | return and if the serviceman's average monthly tax liability |
20 | | to the Department does not exceed $200, the Department may |
21 | | authorize his returns to be filed on a quarter annual basis, |
22 | | with the return for January, February and March of a given year |
23 | | being due by April 20 of such year; with the return for April, |
24 | | May and June of a given year being due by July 20 of such year; |
25 | | with the return for July, August and September of a given year |
26 | | being due by October 20 of such year, and with the return for |
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1 | | October, November and December of a given year being due by |
2 | | January 20 of the following year. |
3 | | If the serviceman is otherwise required to file a monthly |
4 | | or quarterly return and if the serviceman's average monthly |
5 | | tax liability to the Department does not exceed $50, the |
6 | | Department may authorize his returns to be filed on an annual |
7 | | basis, with the return for a given year being due by January 20 |
8 | | of the following year. |
9 | | Such quarter annual and annual returns, as to form and |
10 | | substance, shall be subject to the same requirements as |
11 | | monthly returns. |
12 | | Notwithstanding any other provision in this Act concerning |
13 | | the time within which a serviceman may file his return, in the |
14 | | case of any serviceman who ceases to engage in a kind of |
15 | | business which makes him responsible for filing returns under |
16 | | this Act, such serviceman shall file a final return under this |
17 | | Act with the Department not more than 1 month after |
18 | | discontinuing such business. |
19 | | Where a serviceman collects the tax with respect to the |
20 | | selling price of property which he sells and the purchaser |
21 | | thereafter returns such property and the serviceman refunds |
22 | | the selling price thereof to the purchaser, such serviceman |
23 | | shall also refund, to the purchaser, the tax so collected from |
24 | | the purchaser. When filing his return for the period in which |
25 | | he refunds such tax to the purchaser, the serviceman may |
26 | | deduct the amount of the tax so refunded by him to the |
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1 | | purchaser from any other Service Use Tax, Service Occupation |
2 | | Tax, retailers' occupation tax or use tax which such |
3 | | serviceman may be required to pay or remit to the Department, |
4 | | as shown by such return, provided that the amount of the tax to |
5 | | be deducted shall previously have been remitted to the |
6 | | Department by such serviceman. If the serviceman shall not |
7 | | previously have remitted the amount of such tax to the |
8 | | Department, he shall be entitled to no deduction hereunder |
9 | | upon refunding such tax to the purchaser. |
10 | | Any serviceman filing a return hereunder shall also |
11 | | include the total tax upon the selling price of tangible |
12 | | personal property purchased for use by him as an incident to a |
13 | | sale of service, and such serviceman shall remit the amount of |
14 | | such tax to the Department when filing such return. |
15 | | If experience indicates such action to be practicable, the |
16 | | Department may prescribe and furnish a combination or joint |
17 | | return which will enable servicemen, who are required to file |
18 | | returns hereunder and also under the Service Occupation Tax |
19 | | Act, to furnish all the return information required by both |
20 | | Acts on the one form. |
21 | | Where the serviceman has more than one business registered |
22 | | with the Department under separate registration hereunder, |
23 | | such serviceman shall not file each return that is due as a |
24 | | single return covering all such registered businesses, but |
25 | | shall file separate returns for each such registered business. |
26 | | Beginning January 1, 1990, each month the Department shall |
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1 | | pay into the State and Local Tax Reform Fund, a special fund in |
2 | | the State Treasury, the net revenue realized for the preceding |
3 | | month from the 1% tax imposed under this Act. |
4 | | Beginning January 1, 1990, each month the Department shall |
5 | | pay into the State and Local Sales Tax Reform Fund 20% of the |
6 | | net revenue realized for the preceding month from the 6.25% |
7 | | general rate on transfers of tangible personal property, other |
8 | | than (i) tangible personal property which is purchased outside |
9 | | Illinois at retail from a retailer and which is titled or |
10 | | registered by an agency of this State's government and (ii) |
11 | | aviation fuel sold on or after December 1, 2019. This |
12 | | exception for aviation fuel only applies for so long as the |
13 | | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. |
14 | | 47133 are binding on the State. |
15 | | For aviation fuel sold on or after December 1, 2019 and |
16 | | before July 1, 2024 , each month the Department shall pay into |
17 | | the State Aviation Program Fund 20% of the net revenue |
18 | | realized for the preceding month from the 6.25% general rate |
19 | | on the selling price of aviation fuel, less an amount |
20 | | estimated by the Department to be required for refunds of the |
21 | | 20% portion of the tax on aviation fuel under this Act, which |
22 | | amount shall be deposited into the Aviation Fuel Sales Tax |
23 | | Refund Fund. For aviation fuel sold on or after July 1, 2024, |
24 | | each month the Department shall pay into the State Aviation |
25 | | Program Fund 25% of the net revenue realized for the preceding |
26 | | month from the 6.25% general rate on the selling price of |
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1 | | aviation fuel, less an amount estimated by the Department to |
2 | | be required for refunds of the 20% or 25% portion of the tax on |
3 | | aviation fuel under this Act, as applicable, which amount |
4 | | shall be deposited into the Aviation Fuel Sales Tax Refund |
5 | | Fund. The Department shall only pay moneys into the State |
6 | | Aviation Program Fund and the Aviation Fuel Sales Tax Refund |
7 | | Fund under this Act for so long as the revenue use requirements |
8 | | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the |
9 | | State. |
10 | | Beginning August 1, 2000, each month the Department shall |
11 | | pay into the State and Local Sales Tax Reform Fund 100% of the |
12 | | net revenue realized for the preceding month from the 1.25% |
13 | | rate on the selling price of motor fuel and gasohol. |
14 | | Beginning October 1, 2009, each month the Department shall |
15 | | pay into the Capital Projects Fund an amount that is equal to |
16 | | an amount estimated by the Department to represent 80% of the |
17 | | net revenue realized for the preceding month from the sale of |
18 | | candy, grooming and hygiene products, and soft drinks that had |
19 | | been taxed at a rate of 1% prior to September 1, 2009 but that |
20 | | are now taxed at 6.25%. |
21 | | Beginning July 1, 2013, each month the Department shall |
22 | | pay into the Underground Storage Tank Fund from the proceeds |
23 | | collected under this Act, the Use Tax Act, the Service |
24 | | Occupation Tax Act, and the Retailers' Occupation Tax Act an |
25 | | amount equal to the average monthly deficit in the Underground |
26 | | Storage Tank Fund during the prior year, as certified annually |
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1 | | by the Illinois Environmental Protection Agency, but the total |
2 | | payment into the Underground Storage Tank Fund under this Act, |
3 | | the Use Tax Act, the Service Occupation Tax Act, and the |
4 | | Retailers' Occupation Tax Act shall not exceed $18,000,000 in |
5 | | any State fiscal year. As used in this paragraph, the "average |
6 | | monthly deficit" shall be equal to the difference between the |
7 | | average monthly claims for payment by the fund and the average |
8 | | monthly revenues deposited into the fund, excluding payments |
9 | | made pursuant to this paragraph. |
10 | | Beginning July 1, 2015, of the remainder of the moneys |
11 | | received by the Department under the Use Tax Act, this Act, the |
12 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
13 | | Act, each month the Department shall deposit $500,000 into the |
14 | | State Crime Laboratory Fund. |
15 | | Of the remainder of the moneys received by the Department |
16 | | pursuant to this Act, (a) 1.75% thereof shall be paid into the |
17 | | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on |
18 | | and after July 1, 1989, 3.8% thereof shall be paid into the |
19 | | Build Illinois Fund; provided, however, that if in any fiscal |
20 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case |
21 | | may be, of the moneys received by the Department and required |
22 | | to be paid into the Build Illinois Fund pursuant to Section 3 |
23 | | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax |
24 | | Act, Section 9 of the Service Use Tax Act, and Section 9 of the |
25 | | Service Occupation Tax Act, such Acts being hereinafter called |
26 | | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case |
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1 | | may be, of moneys being hereinafter called the "Tax Act |
2 | | Amount", and (2) the amount transferred to the Build Illinois |
3 | | Fund from the State and Local Sales Tax Reform Fund shall be |
4 | | less than the Annual Specified Amount (as defined in Section 3 |
5 | | of the Retailers' Occupation Tax Act), an amount equal to the |
6 | | difference shall be immediately paid into the Build Illinois |
7 | | Fund from other moneys received by the Department pursuant to |
8 | | the Tax Acts; and further provided, that if on the last |
9 | | business day of any month the sum of (1) the Tax Act Amount |
10 | | required to be deposited into the Build Illinois Bond Account |
11 | | in the Build Illinois Fund during such month and (2) the amount |
12 | | transferred during such month to the Build Illinois Fund from |
13 | | the State and Local Sales Tax Reform Fund shall have been less |
14 | | than 1/12 of the Annual Specified Amount, an amount equal to |
15 | | the difference shall be immediately paid into the Build |
16 | | Illinois Fund from other moneys received by the Department |
17 | | pursuant to the Tax Acts; and, further provided, that in no |
18 | | event shall the payments required under the preceding proviso |
19 | | result in aggregate payments into the Build Illinois Fund |
20 | | pursuant to this clause (b) for any fiscal year in excess of |
21 | | the greater of (i) the Tax Act Amount or (ii) the Annual |
22 | | Specified Amount for such fiscal year; and, further provided, |
23 | | that the amounts payable into the Build Illinois Fund under |
24 | | this clause (b) shall be payable only until such time as the |
25 | | aggregate amount on deposit under each trust indenture |
26 | | securing Bonds issued and outstanding pursuant to the Build |
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1 | | Illinois Bond Act is sufficient, taking into account any |
2 | | future investment income, to fully provide, in accordance with |
3 | | such indenture, for the defeasance of or the payment of the |
4 | | principal of, premium, if any, and interest on the Bonds |
5 | | secured by such indenture and on any Bonds expected to be |
6 | | issued thereafter and all fees and costs payable with respect |
7 | | thereto, all as certified by the Director of the Bureau of the |
8 | | Budget (now Governor's Office of Management and Budget). If on |
9 | | the last business day of any month in which Bonds are |
10 | | outstanding pursuant to the Build Illinois Bond Act, the |
11 | | aggregate of the moneys deposited in the Build Illinois Bond |
12 | | Account in the Build Illinois Fund in such month shall be less |
13 | | than the amount required to be transferred in such month from |
14 | | the Build Illinois Bond Account to the Build Illinois Bond |
15 | | Retirement and Interest Fund pursuant to Section 13 of the |
16 | | Build Illinois Bond Act, an amount equal to such deficiency |
17 | | shall be immediately paid from other moneys received by the |
18 | | Department pursuant to the Tax Acts to the Build Illinois |
19 | | Fund; provided, however, that any amounts paid to the Build |
20 | | Illinois Fund in any fiscal year pursuant to this sentence |
21 | | shall be deemed to constitute payments pursuant to clause (b) |
22 | | of the preceding sentence and shall reduce the amount |
23 | | otherwise payable for such fiscal year pursuant to clause (b) |
24 | | of the preceding sentence. The moneys received by the |
25 | | Department pursuant to this Act and required to be deposited |
26 | | into the Build Illinois Fund are subject to the pledge, claim |
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1 | | and charge set forth in Section 12 of the Build Illinois Bond |
2 | | Act. |
3 | | Subject to payment of amounts into the Build Illinois Fund |
4 | | as provided in the preceding paragraph or in any amendment |
5 | | thereto hereafter enacted, the following specified monthly |
6 | | installment of the amount requested in the certificate of the |
7 | | Chairman of the Metropolitan Pier and Exposition Authority |
8 | | provided under Section 8.25f of the State Finance Act, but not |
9 | | in excess of the sums designated as "Total Deposit", shall be |
10 | | deposited in the aggregate from collections under Section 9 of |
11 | | the Use Tax Act, Section 9 of the Service Use Tax Act, Section |
12 | | 9 of the Service Occupation Tax Act, and Section 3 of the |
13 | | Retailers' Occupation Tax Act into the McCormick Place |
14 | | Expansion Project Fund in the specified fiscal years.
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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 | | 93,000,000 | |
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1 | | 2003 | | 99,000,000 | |
2 | | 2004 | | 103,000,000 | |
3 | | 2005 | | 108,000,000 | |
4 | | 2006 | | 113,000,000 | |
5 | | 2007 | | 119,000,000 | |
6 | | 2008 | | 126,000,000 | |
7 | | 2009 | | 132,000,000 | |
8 | | 2010 | | 139,000,000 | |
9 | | 2011 | | 146,000,000 | |
10 | | 2012 | | 153,000,000 | |
11 | | 2013 | | 161,000,000 | |
12 | | 2014 | | 170,000,000 | |
13 | | 2015 | | 179,000,000 | |
14 | | 2016 | | 189,000,000 | |
15 | | 2017 | | 199,000,000 | |
16 | | 2018 | | 210,000,000 | |
17 | | 2019 | | 221,000,000 | |
18 | | 2020 | | 233,000,000 | |
19 | | 2021 | | 300,000,000 | |
20 | | 2022 | | 300,000,000 | |
21 | | 2023 | | 300,000,000 | |
22 | | 2024 | | 300,000,000 | |
23 | | 2025 | | 300,000,000 | |
24 | | 2026 | | 300,000,000 | |
25 | | 2027 | | 375,000,000 | |
26 | | 2028 | | 375,000,000 | |
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1 | | 2029 | | 375,000,000 | |
2 | | 2030 | | 375,000,000 | |
3 | | 2031 | | 375,000,000 | |
4 | | 2032 | | 375,000,000 | |
5 | | 2033 | | 375,000,000 | |
6 | | 2034 | | 375,000,000 | |
7 | | 2035 | | 375,000,000 | |
8 | | 2036 | | 450,000,000 | |
9 | | and | | | |
10 | | each fiscal year | | | |
11 | | thereafter that bonds | | | |
12 | | are outstanding under | | | |
13 | | Section 13.2 of the | | | |
14 | | Metropolitan Pier and | | | |
15 | | Exposition Authority Act, | | | |
16 | | but not after fiscal year 2060. | | |
|
17 | | Beginning July 20, 1993 and in each month of each fiscal |
18 | | year thereafter, one-eighth of the amount requested in the |
19 | | certificate of the Chairman of the Metropolitan Pier and |
20 | | Exposition Authority for that fiscal year, less the amount |
21 | | deposited into the McCormick Place Expansion Project Fund by |
22 | | the State Treasurer in the respective month under subsection |
23 | | (g) of Section 13 of the Metropolitan Pier and Exposition |
24 | | Authority Act, plus cumulative deficiencies in the deposits |
25 | | required under this Section for previous months and years, |
26 | | shall be deposited into the McCormick Place Expansion Project |
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1 | | Fund, until the full amount requested for the fiscal year, but |
2 | | not in excess of the amount specified above as "Total |
3 | | Deposit", has been deposited. |
4 | | Subject to payment of amounts into the Capital Projects |
5 | | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, |
6 | | and the McCormick Place Expansion Project Fund pursuant to the |
7 | | preceding paragraphs or in any amendments thereto hereafter |
8 | | enacted, for aviation fuel sold on or after December 1, 2019, |
9 | | the Department shall each month deposit into the Aviation Fuel |
10 | | Sales Tax Refund Fund an amount estimated by the Department to |
11 | | be required for refunds of the 80% portion of the tax on |
12 | | aviation fuel under this Act. The Department shall only |
13 | | deposit moneys into the Aviation Fuel Sales Tax Refund Fund |
14 | | under this paragraph for so long as the revenue use |
15 | | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are |
16 | | binding on the State. |
17 | | Subject to payment of amounts into the Build Illinois Fund |
18 | | and the McCormick Place Expansion Project Fund pursuant to the |
19 | | preceding paragraphs or in any amendments thereto hereafter |
20 | | enacted, beginning July 1, 1993 and ending on September 30, |
21 | | 2013, the Department shall each month pay into the Illinois |
22 | | Tax Increment Fund 0.27% of 80% of the net revenue realized for |
23 | | the preceding month from the 6.25% general rate on the selling |
24 | | price of tangible personal property. |
25 | | Subject to payment of amounts into the Build Illinois |
26 | | Fund, the McCormick Place Expansion Project Fund, the Illinois |
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1 | | Tax Increment Fund, pursuant to the preceding paragraphs or in |
2 | | any amendments to this Section hereafter enacted, beginning on |
3 | | the first day of the first calendar month to occur on or after |
4 | | August 26, 2014 (the effective date of Public Act 98-1098), |
5 | | each month, from the collections made under Section 9 of the |
6 | | Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of |
7 | | the Service Occupation Tax Act, and Section 3 of the |
8 | | Retailers' Occupation Tax Act, the Department shall pay into |
9 | | the Tax Compliance and Administration Fund, to be used, |
10 | | subject to appropriation, to fund additional auditors and |
11 | | compliance personnel at the Department of Revenue, an amount |
12 | | equal to 1/12 of 5% of 80% of the cash receipts collected |
13 | | during the preceding fiscal year by the Audit Bureau of the |
14 | | Department under the Use Tax Act, the Service Use Tax Act, the |
15 | | Service Occupation Tax Act, the Retailers' Occupation Tax Act, |
16 | | and associated local occupation and use taxes administered by |
17 | | the Department. |
18 | | Subject to payments of amounts into the Build Illinois |
19 | | Fund, the McCormick Place Expansion Project Fund, the Illinois |
20 | | Tax Increment Fund, and the Tax Compliance and Administration |
21 | | Fund as provided in this Section, beginning on July 1, 2018 the |
22 | | Department shall pay each month into the Downstate Public |
23 | | Transportation Fund the moneys required to be so paid under |
24 | | Section 2-3 of the Downstate Public Transportation Act. |
25 | | Subject to successful execution and delivery of a |
26 | | public-private agreement between the public agency and private |
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1 | | entity and completion of the civic build, beginning on July 1, |
2 | | 2023, of the remainder of the moneys received by the |
3 | | Department under the Use Tax Act, the Service Use Tax Act, the |
4 | | Service Occupation Tax Act, and this Act, the Department shall |
5 | | deposit the following specified deposits in the aggregate from |
6 | | collections under the Use Tax Act, the Service Use Tax Act, the |
7 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
8 | | Act, as required under Section 8.25g of the State Finance Act |
9 | | for distribution consistent with the Public-Private |
10 | | Partnership for Civic and Transit Infrastructure Project Act. |
11 | | The moneys received by the Department pursuant to this Act and |
12 | | required to be deposited into the Civic and Transit |
13 | | Infrastructure Fund are subject to the pledge, claim, and |
14 | | charge set forth in Section 25-55 of the Public-Private |
15 | | Partnership for Civic and Transit Infrastructure Project Act. |
16 | | As used in this paragraph, "civic build", "private entity", |
17 | | "public-private agreement", and "public agency" have the |
18 | | meanings provided in Section 25-10 of the Public-Private |
19 | | Partnership for Civic and Transit Infrastructure Project Act. |
20 | | Fiscal Year ............................Total Deposit |
21 | | 2024 ....................................$200,000,000 |
22 | | 2025 ....................................$206,000,000 |
23 | | 2026 ....................................$212,200,000 |
24 | | 2027 ....................................$218,500,000 |
25 | | 2028 ....................................$225,100,000 |
26 | | 2029 ....................................$288,700,000 |
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1 | | 2030 ....................................$298,900,000 |
2 | | 2031 ....................................$309,300,000 |
3 | | 2032 ....................................$320,100,000 |
4 | | 2033 ....................................$331,200,000 |
5 | | 2034 ....................................$341,200,000 |
6 | | 2035 ....................................$351,400,000 |
7 | | 2036 ....................................$361,900,000 |
8 | | 2037 ....................................$372,800,000 |
9 | | 2038 ....................................$384,000,000 |
10 | | 2039 ....................................$395,500,000 |
11 | | 2040 ....................................$407,400,000 |
12 | | 2041 ....................................$419,600,000 |
13 | | 2042 ....................................$432,200,000 |
14 | | 2043 ....................................$445,100,000 |
15 | | Beginning July 1, 2021 and until July 1, 2022, subject to |
16 | | the payment of amounts into the State and Local Sales Tax |
17 | | Reform Fund, the Build Illinois Fund, the McCormick Place |
18 | | Expansion Project Fund, the Energy Infrastructure Fund, and |
19 | | the Tax Compliance and Administration Fund as provided in this |
20 | | Section, the Department shall pay each month into the Road |
21 | | Fund the amount estimated to represent 16% of the net revenue |
22 | | realized from the taxes imposed on motor fuel and gasohol. |
23 | | Beginning July 1, 2022 and until July 1, 2023, subject to the |
24 | | payment of amounts into the State and Local Sales Tax Reform |
25 | | Fund, the Build Illinois Fund, the McCormick Place Expansion |
26 | | Project Fund, the Illinois Tax Increment Fund, and the Tax |
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1 | | Compliance and Administration Fund as provided in this |
2 | | Section, the Department shall pay each month into the Road |
3 | | Fund the amount estimated to represent 32% of the net revenue |
4 | | realized from the taxes imposed on motor fuel and gasohol. |
5 | | Beginning July 1, 2023 and until July 1, 2024, subject to the |
6 | | payment of amounts into the State and Local Sales Tax Reform |
7 | | Fund, the Build Illinois Fund, the McCormick Place Expansion |
8 | | Project Fund, the Illinois Tax Increment Fund, and the Tax |
9 | | Compliance and Administration Fund as provided in this |
10 | | Section, the Department shall pay each month into the Road |
11 | | Fund the amount estimated to represent 48% of the net revenue |
12 | | realized from the taxes imposed on motor fuel and gasohol. |
13 | | Beginning July 1, 2024 and until July 1, 2025, subject to the |
14 | | payment of amounts into the State and Local Sales Tax Reform |
15 | | Fund, the Build Illinois Fund, the McCormick Place Expansion |
16 | | Project Fund, the Illinois Tax Increment Fund, and the Tax |
17 | | Compliance and Administration Fund as provided in this |
18 | | Section, the Department shall pay each month into the Road |
19 | | Fund the amount estimated to represent 64% of the net revenue |
20 | | realized from the taxes imposed on motor fuel and gasohol. |
21 | | Beginning on July 1, 2025, subject to the payment of amounts |
22 | | into the State and Local Sales Tax Reform Fund, the Build |
23 | | Illinois Fund, the McCormick Place Expansion Project Fund, the |
24 | | Illinois Tax Increment Fund, and the Tax Compliance and |
25 | | Administration Fund as provided in this Section, the |
26 | | Department shall pay each month into the Road Fund the amount |
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1 | | estimated to represent 80% of the net revenue realized from |
2 | | the taxes imposed on motor fuel and gasohol. As used in this |
3 | | paragraph "motor fuel" has the meaning given to that term in |
4 | | Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the |
5 | | meaning given to that term in Section 3-40 of the Use Tax Act. |
6 | | Of the remainder of the moneys received by the Department |
7 | | pursuant to this Act, 75% thereof shall be paid into the |
8 | | General Revenue Fund of the State Treasury and 25% shall be |
9 | | reserved in a special account and used only for the transfer to |
10 | | the Common School Fund as part of the monthly transfer from the |
11 | | General Revenue Fund in accordance with Section 8a of the |
12 | | State Finance Act. |
13 | | As soon as possible after the first day of each month, upon |
14 | | certification of the Department of Revenue, the Comptroller |
15 | | shall order transferred and the Treasurer shall transfer from |
16 | | the General Revenue Fund to the Motor Fuel Tax Fund an amount |
17 | | equal to 1.7% of 80% of the net revenue realized under this Act |
18 | | for the second preceding month. Beginning April 1, 2000, this |
19 | | transfer is no longer required and shall not be made. |
20 | | Net revenue realized for a month shall be the revenue |
21 | | collected by the State pursuant to this Act, less the amount |
22 | | paid out during that month as refunds to taxpayers for |
23 | | overpayment of liability. |
24 | | (Source: P.A. 102-700, eff. 4-19-22; 103-363, eff. 7-28-23.)
|
25 | | Section 15. The Service Occupation Tax Act is amended by |
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1 | | changing Section 9 as follows:
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2 | | (35 ILCS 115/9) (from Ch. 120, par. 439.109) |
3 | | Sec. 9. Each serviceman required or authorized to collect |
4 | | the tax herein imposed shall pay to the Department the amount |
5 | | of such tax at the time when he is required to file his return |
6 | | for the period during which such tax was collectible, less a |
7 | | discount of 2.1% prior to January 1, 1990, and 1.75% on and |
8 | | after January 1, 1990, or $5 per calendar year, whichever is |
9 | | greater, which is allowed to reimburse the serviceman for |
10 | | expenses incurred in collecting the tax, keeping records, |
11 | | preparing and filing returns, remitting the tax , and supplying |
12 | | data to the Department on request. When determining the |
13 | | discount allowed under this Section, servicemen shall include |
14 | | the amount of tax that would have been due at the 1% rate but |
15 | | for the 0% rate imposed under Public Act 102-700 this |
16 | | amendatory Act of the 102nd General Assembly . The discount |
17 | | under this Section is not allowed for the 1.25% portion of |
18 | | taxes paid on aviation fuel that is subject to the revenue use |
19 | | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The |
20 | | discount allowed under this Section is allowed only for |
21 | | returns that are filed in the manner required by this Act. The |
22 | | Department may disallow the discount for servicemen whose |
23 | | certificate of registration is revoked at the time the return |
24 | | is filed, but only if the Department's decision to revoke the |
25 | | certificate of registration has become final. |
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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, is |
4 | | extended beyond the close of the period for which the return is |
5 | | filed, the serviceman, in collecting the tax may collect, for |
6 | | each tax return period, only the tax applicable to the part of |
7 | | the selling price actually received during such tax return |
8 | | period. |
9 | | Except as provided hereinafter in this Section, on or |
10 | | before the twentieth day of each calendar month, such |
11 | | serviceman shall file a return for the preceding calendar |
12 | | month in accordance with reasonable rules and regulations to |
13 | | be promulgated by the Department of Revenue. Such return shall |
14 | | be filed on a form prescribed by the Department and shall |
15 | | contain such information as the Department may reasonably |
16 | | require. The return shall include the gross receipts which |
17 | | were received during the preceding calendar month or quarter |
18 | | on the following items upon which tax would have been due but |
19 | | for the 0% rate imposed under Public Act 102-700 this |
20 | | amendatory Act of the 102nd General Assembly : (i) food for |
21 | | human consumption that is to be consumed off the premises |
22 | | where it is sold (other than alcoholic beverages, food |
23 | | consisting of or infused with adult use cannabis, soft drinks, |
24 | | and food that has been prepared for immediate consumption); |
25 | | and (ii) food prepared for immediate consumption and |
26 | | transferred incident to a sale of service subject to this Act |
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1 | | or the Service Use Tax Act by an entity licensed under the |
2 | | Hospital Licensing Act, the Nursing Home Care Act, the |
3 | | Assisted Living and Shared Housing Act, the ID/DD Community |
4 | | Care Act, the MC/DD Act, the Specialized Mental Health |
5 | | Rehabilitation Act of 2013, or the Child Care Act of 1969, or |
6 | | an entity that holds a permit issued pursuant to the Life Care |
7 | | Facilities Act. The return shall also include the amount of |
8 | | tax that would have been due on the items listed in the |
9 | | previous sentence but for the 0% rate imposed under Public Act |
10 | | 102-700 this amendatory Act of the 102nd General Assembly . |
11 | | On and after January 1, 2018, with respect to servicemen |
12 | | whose annual gross receipts average $20,000 or more, all |
13 | | returns required to be filed pursuant to this Act shall be |
14 | | filed electronically. Servicemen who demonstrate that they do |
15 | | not have access to the Internet or demonstrate hardship in |
16 | | filing electronically may petition the Department to waive the |
17 | | electronic filing requirement. |
18 | | The Department may require returns to be filed on a |
19 | | quarterly basis. If so required, a return for each calendar |
20 | | quarter shall be filed on or before the twentieth day of the |
21 | | calendar month following the end of such calendar quarter. The |
22 | | taxpayer shall also file a return with the Department for each |
23 | | of the first two months of each calendar quarter, on or before |
24 | | the twentieth day of the following calendar month, stating: |
25 | | 1. The name of the seller; |
26 | | 2. The address of the principal place of business from |
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1 | | which he engages in business as a serviceman in this |
2 | | State; |
3 | | 3. The total amount of taxable receipts received by |
4 | | him during the preceding calendar month, including |
5 | | receipts from charge and time sales, but less all |
6 | | deductions allowed by law; |
7 | | 4. The amount of credit provided in Section 2d of this |
8 | | Act; |
9 | | 5. The amount of tax due; |
10 | | 5-5. The signature of the taxpayer; and |
11 | | 6. Such other reasonable information as the Department |
12 | | may require. |
13 | | Each serviceman required or authorized to collect the tax |
14 | | herein imposed on aviation fuel acquired as an incident to the |
15 | | purchase of a service in this State during the preceding |
16 | | calendar month shall, instead of reporting and paying tax as |
17 | | otherwise required by this Section, report and pay such tax on |
18 | | a separate aviation fuel tax return. The requirements related |
19 | | to the return shall be as otherwise provided in this Section. |
20 | | Notwithstanding any other provisions of this Act to the |
21 | | contrary, servicemen transferring aviation fuel incident to |
22 | | sales of service shall file all aviation fuel tax returns and |
23 | | shall make all aviation fuel tax payments by electronic means |
24 | | in the manner and form required by the Department. For |
25 | | purposes of this Section, "aviation fuel" means jet fuel and |
26 | | aviation gasoline. |
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1 | | If a taxpayer fails to sign a return within 30 days after |
2 | | the proper notice and demand for signature by the Department, |
3 | | the return shall be considered valid and any amount shown to be |
4 | | due on the return shall be deemed assessed. |
5 | | Notwithstanding any other provision of this Act to the |
6 | | contrary, servicemen subject to tax on cannabis shall file all |
7 | | cannabis tax returns and shall make all cannabis tax payments |
8 | | by electronic means in the manner and form required by the |
9 | | Department. |
10 | | Prior to October 1, 2003, and on and after September 1, |
11 | | 2004 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 prior |
17 | | to October 1, 2003 or on or after September 1, 2004 by a |
18 | | serviceman as provided in Section 3-70 of the Service Use Tax |
19 | | Act, may be used by that serviceman to satisfy Service |
20 | | Occupation Tax liability in the amount claimed in the |
21 | | certification, not to exceed 6.25% of the receipts subject to |
22 | | tax from a qualifying purchase. A Manufacturer's Purchase |
23 | | Credit reported on any original or amended return filed under |
24 | | this Act after October 20, 2003 for reporting periods prior to |
25 | | September 1, 2004 shall be disallowed. Manufacturer's Purchase |
26 | | Credit reported on annual returns due on or after January 1, |
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1 | | 2005 will be disallowed for periods prior to September 1, |
2 | | 2004. No Manufacturer's Purchase Credit may be used after |
3 | | September 30, 2003 through August 31, 2004 to satisfy any tax |
4 | | liability imposed under this Act, including any audit |
5 | | liability. |
6 | | Beginning on July 1, 2023 and through December 31, 2032, a |
7 | | serviceman may accept a Sustainable Aviation Fuel Purchase |
8 | | Credit certification from an air common carrier-purchaser in |
9 | | satisfaction of Service Use Tax as provided in Section 3-72 of |
10 | | the Service Use Tax Act if the purchaser provides the |
11 | | appropriate documentation as required by Section 3-72 of the |
12 | | Service Use Tax Act. A Sustainable Aviation Fuel Purchase |
13 | | Credit certification accepted by a serviceman in accordance |
14 | | with this paragraph may be used by that serviceman to satisfy |
15 | | service occupation tax liability (but not in satisfaction of |
16 | | penalty or interest) in the amount claimed in the |
17 | | certification, not to exceed 6.25% of the receipts subject to |
18 | | tax from a sale of aviation fuel. In addition, for a sale of |
19 | | aviation fuel to qualify to earn the Sustainable Aviation Fuel |
20 | | Purchase Credit, servicemen must retain in their books and |
21 | | records a certification from the producer of the aviation fuel |
22 | | that the aviation fuel sold by the serviceman and for which a |
23 | | sustainable aviation fuel purchase credit was earned meets the |
24 | | definition of sustainable aviation fuel under Section 3-72 of |
25 | | the Service Use Tax Act. The documentation must include detail |
26 | | sufficient for the Department to determine the number of |
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1 | | gallons of sustainable aviation fuel sold. |
2 | | If the serviceman's average monthly tax liability to the |
3 | | Department does not exceed $200, the Department may authorize |
4 | | his returns to be filed on a quarter annual basis, with the |
5 | | return for January, February , and March of a given year being |
6 | | due by April 20 of such year; with the return for April, May , |
7 | | and June of a given year being due by July 20 of such year; |
8 | | with the return for July, August , and September of a given year |
9 | | being due by October 20 of such year, and with the return for |
10 | | October, November , and December of a given year being due by |
11 | | January 20 of the following year. |
12 | | If the serviceman's average monthly tax liability to the |
13 | | Department does not exceed $50, the Department may authorize |
14 | | his returns to be filed on an annual basis, with the return for |
15 | | a given year being due by January 20 of the following year. |
16 | | Such quarter annual and annual returns, as to form and |
17 | | substance, shall be subject to the same requirements as |
18 | | monthly returns. |
19 | | Notwithstanding any other provision in this Act concerning |
20 | | the time within which a serviceman may file his return, in the |
21 | | case of any serviceman who ceases to engage in a kind of |
22 | | business which makes him responsible for filing returns under |
23 | | this Act, such serviceman shall file a final return under this |
24 | | Act with the Department not more than one 1 month after |
25 | | discontinuing such business. |
26 | | Beginning October 1, 1993, a taxpayer who has an average |
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1 | | monthly tax liability of $150,000 or more shall make all |
2 | | payments required by rules of the Department by electronic |
3 | | funds transfer. Beginning October 1, 1994, a taxpayer who has |
4 | | an average monthly tax liability of $100,000 or more shall |
5 | | make all payments required by rules of the Department by |
6 | | electronic funds transfer. Beginning October 1, 1995, a |
7 | | taxpayer who has an average monthly tax liability of $50,000 |
8 | | or more shall make all payments required by rules of the |
9 | | Department by electronic funds transfer. Beginning October 1, |
10 | | 2000, a taxpayer who has an annual tax liability of $200,000 or |
11 | | more shall make all payments required by rules of the |
12 | | Department by electronic funds transfer. The term "annual tax |
13 | | liability" shall be the sum of the taxpayer's liabilities |
14 | | under this Act, and under all other State and local occupation |
15 | | and use tax laws administered by the Department, for the |
16 | | immediately preceding calendar year. The term "average monthly |
17 | | tax liability" means the sum of the taxpayer's liabilities |
18 | | under this Act, and under all other State and local occupation |
19 | | and use tax laws administered by the Department, for the |
20 | | immediately preceding calendar year divided by 12. Beginning |
21 | | on October 1, 2002, a taxpayer who has a tax liability in the |
22 | | amount set forth in subsection (b) of Section 2505-210 of the |
23 | | Department of Revenue Law shall make all payments required by |
24 | | rules of the Department by electronic funds transfer. |
25 | | Before August 1 of each year beginning in 1993, the |
26 | | Department shall notify all taxpayers required to make |
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1 | | payments by electronic funds transfer. All taxpayers required |
2 | | to make payments by electronic funds transfer shall make those |
3 | | payments for a minimum of one year beginning on October 1. |
4 | | Any taxpayer not required to make payments by electronic |
5 | | funds transfer may make payments by electronic funds transfer |
6 | | with the permission of the Department. |
7 | | All taxpayers required to make payment by electronic funds |
8 | | transfer and any taxpayers authorized to voluntarily make |
9 | | payments by electronic funds transfer shall make those |
10 | | payments in the manner authorized by the Department. |
11 | | The Department shall adopt such rules as are necessary to |
12 | | effectuate a program of electronic funds transfer and the |
13 | | requirements of this Section. |
14 | | Where a serviceman collects the tax with respect to the |
15 | | selling price of tangible personal property which he sells and |
16 | | the purchaser thereafter returns such tangible personal |
17 | | property and the serviceman refunds the selling price thereof |
18 | | to the purchaser, such serviceman shall also refund, to the |
19 | | purchaser, the tax so collected from the purchaser. When |
20 | | filing his return for the period in which he refunds such tax |
21 | | to the purchaser, the serviceman may deduct the amount of the |
22 | | tax so refunded by him to the purchaser from any other Service |
23 | | Occupation Tax, Service Use Tax, Retailers' Occupation Tax , or |
24 | | Use Tax which such serviceman may be required to pay or remit |
25 | | to the Department, as shown by such return, provided that the |
26 | | amount of the tax to be deducted shall previously have been |
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1 | | remitted to the Department by such serviceman. If the |
2 | | serviceman shall not previously have remitted the amount of |
3 | | such tax to the Department, he shall be entitled to no |
4 | | deduction hereunder upon refunding such tax to the purchaser. |
5 | | If experience indicates such action to be practicable, the |
6 | | Department may prescribe and furnish a combination or joint |
7 | | return which will enable servicemen, who are required to file |
8 | | returns hereunder and also under the Retailers' Occupation Tax |
9 | | Act, the Use Tax Act , or the Service Use Tax Act, to furnish |
10 | | all the return information required by all said Acts on the one |
11 | | form. |
12 | | Where the serviceman has more than one business registered |
13 | | with the Department under separate registrations hereunder, |
14 | | such serviceman shall file separate returns for each |
15 | | registered business. |
16 | | Beginning January 1, 1990, each month the Department shall |
17 | | pay into the Local Government Tax Fund the revenue realized |
18 | | for the preceding month from the 1% tax imposed under this Act. |
19 | | Beginning January 1, 1990, each month the Department shall |
20 | | pay into the County and Mass Transit District Fund 4% of the |
21 | | revenue realized for the preceding month from the 6.25% |
22 | | general rate on sales of tangible personal property other than |
23 | | aviation fuel sold on or after December 1, 2019. This |
24 | | exception for aviation fuel only applies for so long as the |
25 | | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. |
26 | | 47133 are binding on the State. |
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1 | | Beginning August 1, 2000, each month the Department shall |
2 | | pay into the County and Mass Transit District Fund 20% of the |
3 | | net revenue realized for the preceding month from the 1.25% |
4 | | rate on the selling price of motor fuel and gasohol. |
5 | | Beginning January 1, 1990, each month the Department shall |
6 | | pay into the Local Government Tax Fund 16% of the revenue |
7 | | realized for the preceding month from the 6.25% general rate |
8 | | on transfers of tangible personal property other than aviation |
9 | | fuel sold on or after December 1, 2019. This exception for |
10 | | aviation fuel only applies for so long as the revenue use |
11 | | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are |
12 | | binding on the State. |
13 | | For aviation fuel sold on or after December 1, 2019 and |
14 | | before July 1, 2024 , each month the Department shall pay into |
15 | | the State Aviation Program Fund 20% of the net revenue |
16 | | realized for the preceding month from the 6.25% general rate |
17 | | on the selling price of aviation fuel, less an amount |
18 | | estimated by the Department to be required for refunds of the |
19 | | 20% portion of the tax on aviation fuel under this Act, which |
20 | | amount shall be deposited into the Aviation Fuel Sales Tax |
21 | | Refund Fund. For aviation fuel sold on or after July 1, 2024, |
22 | | each month the Department shall pay into the State Aviation |
23 | | Program Fund 25% of the net revenue realized for the preceding |
24 | | month from the 6.25% general rate on the selling price of |
25 | | aviation fuel, less an amount estimated by the Department to |
26 | | be required for refunds of the 20% or 25% portion of the tax on |
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1 | | aviation fuel under this Act, as applicable, which amount |
2 | | shall be deposited into the Aviation Fuel Sales Tax Refund |
3 | | Fund. The Department shall only pay moneys into the State |
4 | | Aviation Program Fund and the Aviation Fuel Sales Tax Refund |
5 | | Fund under this Act for so long as the revenue use requirements |
6 | | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the |
7 | | State. |
8 | | Beginning August 1, 2000, each month the Department shall |
9 | | pay into the Local Government Tax Fund 80% of the net revenue |
10 | | realized for the preceding month from the 1.25% rate on the |
11 | | selling price of motor fuel and gasohol. |
12 | | Beginning October 1, 2009, each month the Department shall |
13 | | pay into the Capital Projects Fund an amount that is equal to |
14 | | an amount estimated by the Department to represent 80% of the |
15 | | net revenue realized for the preceding month from the sale of |
16 | | candy, grooming and hygiene products, and soft drinks that had |
17 | | been taxed at a rate of 1% prior to September 1, 2009 but that |
18 | | are now taxed at 6.25%. |
19 | | Beginning July 1, 2013, each month the Department shall |
20 | | pay into the Underground Storage Tank Fund from the proceeds |
21 | | collected under this Act, the Use Tax Act, the Service Use Tax |
22 | | Act, and the Retailers' Occupation Tax Act an amount equal to |
23 | | the average monthly deficit in the Underground Storage Tank |
24 | | Fund during the prior year, as certified annually by the |
25 | | Illinois Environmental Protection Agency, but the total |
26 | | payment into the Underground Storage Tank Fund under this Act, |
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1 | | the Use Tax Act, the Service Use Tax Act, and the Retailers' |
2 | | Occupation Tax Act shall not exceed $18,000,000 in any State |
3 | | fiscal year. As used in this paragraph, the "average monthly |
4 | | deficit" shall be equal to the difference between the average |
5 | | monthly claims for payment by the fund and the average monthly |
6 | | revenues deposited into the fund, excluding payments made |
7 | | pursuant to this paragraph. |
8 | | Beginning July 1, 2015, of the remainder of the moneys |
9 | | received by the Department under the Use Tax Act, the Service |
10 | | Use Tax Act, this Act, and the Retailers' Occupation Tax Act, |
11 | | each month the Department shall deposit $500,000 into the |
12 | | State Crime Laboratory Fund. |
13 | | Of the remainder of the moneys received by the Department |
14 | | pursuant to this Act, (a) 1.75% thereof shall be paid into the |
15 | | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on |
16 | | and after July 1, 1989, 3.8% thereof shall be paid into the |
17 | | Build Illinois Fund; provided, however, that if in any fiscal |
18 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case |
19 | | may be, of the moneys received by the Department and required |
20 | | to be paid into the Build Illinois Fund pursuant to Section 3 |
21 | | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax |
22 | | Act, Section 9 of the Service Use Tax Act, and Section 9 of the |
23 | | Service Occupation Tax Act, such Acts being hereinafter called |
24 | | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case |
25 | | may be, of moneys being hereinafter called the "Tax Act |
26 | | Amount", and (2) the amount transferred to the Build Illinois |
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1 | | Fund from the State and Local Sales Tax Reform Fund shall be |
2 | | less than the Annual Specified Amount (as defined in Section 3 |
3 | | of the Retailers' Occupation Tax Act), an amount equal to the |
4 | | difference shall be immediately paid into the Build Illinois |
5 | | Fund from other moneys received by the Department pursuant to |
6 | | the Tax Acts; and further provided, that if on the last |
7 | | business day of any month the sum of (1) the Tax Act Amount |
8 | | required to be deposited into the Build Illinois Account in |
9 | | the Build Illinois Fund during such month and (2) the amount |
10 | | transferred during such month to the Build Illinois Fund from |
11 | | the State and Local Sales Tax Reform Fund shall have been less |
12 | | than 1/12 of the Annual Specified Amount, an amount equal to |
13 | | the difference shall be immediately paid into the Build |
14 | | Illinois Fund from other moneys received by the Department |
15 | | pursuant to the Tax Acts; and, further provided, that in no |
16 | | event shall the payments required under the preceding proviso |
17 | | result in aggregate payments into the Build Illinois Fund |
18 | | pursuant to this clause (b) for any fiscal year in excess of |
19 | | the greater of (i) the Tax Act Amount or (ii) the Annual |
20 | | Specified Amount for such fiscal year; and, further provided, |
21 | | that the amounts payable into the Build Illinois Fund under |
22 | | this clause (b) shall be payable only until such time as the |
23 | | aggregate amount on deposit under each trust indenture |
24 | | securing Bonds issued and outstanding pursuant to the Build |
25 | | Illinois Bond Act is sufficient, taking into account any |
26 | | future investment income, to fully provide, in accordance with |
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1 | | such indenture, for the defeasance of or the payment of the |
2 | | principal of, premium, if any, and interest on the Bonds |
3 | | secured by such indenture and on any Bonds expected to be |
4 | | issued thereafter and all fees and costs payable with respect |
5 | | thereto, all as certified by the Director of the Bureau of the |
6 | | Budget (now Governor's Office of Management and Budget). If on |
7 | | the last business day of any month in which Bonds are |
8 | | outstanding pursuant to the Build Illinois Bond Act, the |
9 | | aggregate of the moneys deposited in the Build Illinois Bond |
10 | | Account in the Build Illinois Fund in such month shall be less |
11 | | than the amount required to be transferred in such month from |
12 | | the Build Illinois Bond Account to the Build Illinois Bond |
13 | | Retirement and Interest Fund pursuant to Section 13 of the |
14 | | Build Illinois Bond Act, an amount equal to such deficiency |
15 | | shall be immediately paid from other moneys received by the |
16 | | Department pursuant to the Tax Acts to the Build Illinois |
17 | | Fund; provided, however, that any amounts paid to the Build |
18 | | Illinois Fund in any fiscal year pursuant to this sentence |
19 | | shall be deemed to constitute payments pursuant to clause (b) |
20 | | of the preceding sentence and shall reduce the amount |
21 | | otherwise payable for such fiscal year pursuant to clause (b) |
22 | | of the preceding sentence. The moneys received by the |
23 | | Department pursuant to this Act and required to be deposited |
24 | | into the Build Illinois Fund are subject to the pledge, claim |
25 | | and charge set forth in Section 12 of the Build Illinois Bond |
26 | | Act. |
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1 | | Subject to payment of amounts into the Build Illinois Fund |
2 | | as provided in the preceding paragraph or in any amendment |
3 | | thereto hereafter enacted, the following specified monthly |
4 | | installment of the amount requested in the certificate of the |
5 | | Chairman of the Metropolitan Pier and Exposition Authority |
6 | | provided under Section 8.25f of the State Finance Act, but not |
7 | | in excess of the sums designated as "Total Deposit", shall be |
8 | | deposited in the aggregate from collections under Section 9 of |
9 | | the Use Tax Act, Section 9 of the Service Use Tax Act, Section |
10 | | 9 of the Service Occupation Tax Act, and Section 3 of the |
11 | | Retailers' Occupation Tax Act into the McCormick Place |
12 | | Expansion Project Fund in the specified fiscal years.
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13 | | Fiscal Year | | Total Deposit | |
14 | | 1993 | | $0 | |
15 | | 1994 | | 53,000,000 | |
16 | | 1995 | | 58,000,000 | |
17 | | 1996 | | 61,000,000 | |
18 | | 1997 | | 64,000,000 | |
19 | | 1998 | | 68,000,000 | |
20 | | 1999 | | 71,000,000 | |
21 | | 2000 | | 75,000,000 | |
22 | | 2001 | | 80,000,000 | |
23 | | 2002 | | 93,000,000 | |
24 | | 2003 | | 99,000,000 | |
25 | | 2004 | | 103,000,000 | |
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1 | | 2005 | | 108,000,000 | |
2 | | 2006 | | 113,000,000 | |
3 | | 2007 | | 119,000,000 | |
4 | | 2008 | | 126,000,000 | |
5 | | 2009 | | 132,000,000 | |
6 | | 2010 | | 139,000,000 | |
7 | | 2011 | | 146,000,000 | |
8 | | 2012 | | 153,000,000 | |
9 | | 2013 | | 161,000,000 | |
10 | | 2014 | | 170,000,000 | |
11 | | 2015 | | 179,000,000 | |
12 | | 2016 | | 189,000,000 | |
13 | | 2017 | | 199,000,000 | |
14 | | 2018 | | 210,000,000 | |
15 | | 2019 | | 221,000,000 | |
16 | | 2020 | | 233,000,000 | |
17 | | 2021 | | 300,000,000 | |
18 | | 2022 | | 300,000,000 | |
19 | | 2023 | | 300,000,000 | |
20 | | 2024 | | 300,000,000 | |
21 | | 2025 | | 300,000,000 | |
22 | | 2026 | | 300,000,000 | |
23 | | 2027 | | 375,000,000 | |
24 | | 2028 | | 375,000,000 | |
25 | | 2029 | | 375,000,000 | |
26 | | 2030 | | 375,000,000 | |
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1 | | 2031 | | 375,000,000 | |
2 | | 2032 | | 375,000,000 | |
3 | | 2033 | | 375,000,000 | |
4 | | 2034 | | 375,000,000 | |
5 | | 2035 | | 375,000,000 | |
6 | | 2036 | | 450,000,000 | |
7 | | and | | | |
8 | | each fiscal year | | | |
9 | | thereafter that bonds | | | |
10 | | are outstanding under | | | |
11 | | Section 13.2 of the | | | |
12 | | Metropolitan Pier and | | | |
13 | | Exposition Authority Act, | | | |
14 | | but not after fiscal year 2060. | | |
|
15 | | Beginning July 20, 1993 and in each month of each fiscal |
16 | | year thereafter, one-eighth of the amount requested in the |
17 | | certificate of the Chairman of the Metropolitan Pier and |
18 | | Exposition Authority for that fiscal year, less the amount |
19 | | deposited into the McCormick Place Expansion Project Fund by |
20 | | the State Treasurer in the respective month under subsection |
21 | | (g) of Section 13 of the Metropolitan Pier and Exposition |
22 | | Authority Act, plus cumulative deficiencies in the deposits |
23 | | required under this Section for previous months and years, |
24 | | shall be deposited into the McCormick Place Expansion Project |
25 | | Fund, until the full amount requested for the fiscal year, but |
26 | | not in excess of the amount specified above as "Total |
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1 | | Deposit", has been deposited. |
2 | | Subject to payment of amounts into the Capital Projects |
3 | | Fund, the Build Illinois Fund, and the McCormick Place |
4 | | Expansion Project Fund pursuant to the preceding paragraphs or |
5 | | in any amendments thereto hereafter enacted, for aviation fuel |
6 | | sold on or after December 1, 2019, the Department shall each |
7 | | month deposit into the Aviation Fuel Sales Tax Refund Fund an |
8 | | amount estimated by the Department to be required for refunds |
9 | | of the 80% portion of the tax on aviation fuel under this Act. |
10 | | The Department shall only deposit moneys into the Aviation |
11 | | Fuel Sales Tax Refund Fund under this paragraph for so long as |
12 | | the revenue use requirements of 49 U.S.C. 47107(b) and 49 |
13 | | U.S.C. 47133 are binding on the State. |
14 | | Subject to payment of amounts into the Build Illinois Fund |
15 | | and the McCormick Place Expansion Project Fund pursuant to the |
16 | | preceding paragraphs or in any amendments thereto hereafter |
17 | | enacted, beginning July 1, 1993 and ending on September 30, |
18 | | 2013, the Department shall each month pay into the Illinois |
19 | | Tax Increment Fund 0.27% of 80% of the net revenue realized for |
20 | | the preceding month from the 6.25% general rate on the selling |
21 | | price of tangible personal property. |
22 | | Subject to payment of amounts into the Build Illinois |
23 | | Fund, the McCormick Place Expansion Project Fund, and the |
24 | | Illinois Tax Increment Fund pursuant to the preceding |
25 | | paragraphs or in any amendments to this Section hereafter |
26 | | enacted, beginning on the first day of the first calendar |
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1 | | month to occur on or after August 26, 2014 (the effective date |
2 | | of Public Act 98-1098), each month, from the collections made |
3 | | under Section 9 of the Use Tax Act, Section 9 of the Service |
4 | | Use Tax Act, Section 9 of the Service Occupation Tax Act, and |
5 | | Section 3 of the Retailers' Occupation Tax Act, the Department |
6 | | shall pay into the Tax Compliance and Administration Fund, to |
7 | | be used, subject to appropriation, to fund additional auditors |
8 | | and compliance personnel at the Department of Revenue, an |
9 | | amount equal to 1/12 of 5% of 80% of the cash receipts |
10 | | collected during the preceding fiscal year by the Audit Bureau |
11 | | of the Department under the Use Tax Act, the Service Use Tax |
12 | | Act, the Service Occupation Tax Act, the Retailers' Occupation |
13 | | Tax Act, and associated local occupation and use taxes |
14 | | administered by the Department. |
15 | | Subject to payments of amounts into the Build Illinois |
16 | | Fund, the McCormick Place Expansion Project Fund, the Illinois |
17 | | Tax Increment Fund, and the Tax Compliance and Administration |
18 | | Fund as provided in this Section, beginning on July 1, 2018 the |
19 | | Department shall pay each month into the Downstate Public |
20 | | Transportation Fund the moneys required to be so paid under |
21 | | Section 2-3 of the Downstate Public Transportation Act. |
22 | | Subject to successful execution and delivery of a |
23 | | public-private agreement between the public agency and private |
24 | | entity and completion of the civic build, beginning on July 1, |
25 | | 2023, of the remainder of the moneys received by the |
26 | | Department under the Use Tax Act, the Service Use Tax Act, the |
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1 | | Service Occupation Tax Act, and this Act, the Department shall |
2 | | deposit the following specified deposits in the aggregate from |
3 | | collections under the Use Tax Act, the Service Use Tax Act, the |
4 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
5 | | Act, as required under Section 8.25g of the State Finance Act |
6 | | for distribution consistent with the Public-Private |
7 | | Partnership for Civic and Transit Infrastructure Project Act. |
8 | | The moneys received by the Department pursuant to this Act and |
9 | | required to be deposited into the Civic and Transit |
10 | | Infrastructure Fund are subject to the pledge, claim and |
11 | | charge set forth in Section 25-55 of the Public-Private |
12 | | Partnership for Civic and Transit Infrastructure Project Act. |
13 | | As used in this paragraph, "civic build", "private entity", |
14 | | "public-private agreement", and "public agency" have the |
15 | | meanings provided in Section 25-10 of the Public-Private |
16 | | Partnership for Civic and Transit Infrastructure Project Act. |
17 | | Fiscal Year ............................Total Deposit |
18 | | 2024 ....................................$200,000,000 |
19 | | 2025 ....................................$206,000,000 |
20 | | 2026 ....................................$212,200,000 |
21 | | 2027 ....................................$218,500,000 |
22 | | 2028 ....................................$225,100,000 |
23 | | 2029 ....................................$288,700,000 |
24 | | 2030 ....................................$298,900,000 |
25 | | 2031 ....................................$309,300,000 |
26 | | 2032 ....................................$320,100,000 |
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1 | | 2033 ....................................$331,200,000 |
2 | | 2034 ....................................$341,200,000 |
3 | | 2035 ....................................$351,400,000 |
4 | | 2036 ....................................$361,900,000 |
5 | | 2037 ....................................$372,800,000 |
6 | | 2038 ....................................$384,000,000 |
7 | | 2039 ....................................$395,500,000 |
8 | | 2040 ....................................$407,400,000 |
9 | | 2041 ....................................$419,600,000 |
10 | | 2042 ....................................$432,200,000 |
11 | | 2043 ....................................$445,100,000 |
12 | | Beginning July 1, 2021 and until July 1, 2022, subject to |
13 | | the payment of amounts into the County and Mass Transit |
14 | | District Fund, the Local Government Tax Fund, the Build |
15 | | Illinois Fund, the McCormick Place Expansion Project Fund, the |
16 | | Illinois Tax Increment Fund, and the Tax Compliance and |
17 | | Administration Fund as provided in this Section, the |
18 | | Department shall pay each month into the Road Fund the amount |
19 | | estimated to represent 16% of the net revenue realized from |
20 | | the taxes imposed on motor fuel and gasohol. Beginning July 1, |
21 | | 2022 and until July 1, 2023, subject to the payment of amounts |
22 | | into the County and Mass Transit District Fund, the Local |
23 | | Government Tax Fund, the Build Illinois Fund, the McCormick |
24 | | Place Expansion Project Fund, the Illinois Tax Increment Fund, |
25 | | and the Tax Compliance and Administration Fund as provided in |
26 | | this Section, the Department shall pay each month into the |
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1 | | Road Fund the amount estimated to represent 32% of the net |
2 | | revenue realized from the taxes imposed on motor fuel and |
3 | | gasohol. Beginning July 1, 2023 and until July 1, 2024, |
4 | | subject to the payment of amounts into the County and Mass |
5 | | Transit District Fund, the Local Government Tax Fund, the |
6 | | Build Illinois Fund, the McCormick Place Expansion Project |
7 | | Fund, the Illinois Tax Increment Fund, and the Tax Compliance |
8 | | and Administration Fund as provided in this Section, the |
9 | | Department shall pay each month into the Road Fund the amount |
10 | | estimated to represent 48% of the net revenue realized from |
11 | | the taxes imposed on motor fuel and gasohol. Beginning July 1, |
12 | | 2024 and until July 1, 2025, subject to the payment of amounts |
13 | | into the County and Mass Transit District Fund, the Local |
14 | | Government Tax Fund, the Build Illinois Fund, the McCormick |
15 | | Place Expansion Project Fund, the Illinois Tax Increment Fund, |
16 | | and the Tax Compliance and Administration Fund as provided in |
17 | | this Section, the Department shall pay each month into the |
18 | | Road Fund the amount estimated to represent 64% of the net |
19 | | revenue realized from the taxes imposed on motor fuel and |
20 | | gasohol. Beginning on July 1, 2025, subject to the payment of |
21 | | amounts into the County and Mass Transit District Fund, the |
22 | | Local Government Tax Fund, the Build Illinois Fund, the |
23 | | McCormick Place Expansion Project Fund, the Illinois Tax |
24 | | Increment Fund, and the Tax Compliance and Administration Fund |
25 | | as provided in this Section, the Department shall pay each |
26 | | month into the Road Fund the amount estimated to represent 80% |
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1 | | of the net revenue realized from the taxes imposed on motor |
2 | | fuel and gasohol. As used in this paragraph "motor fuel" has |
3 | | the meaning given to that term in Section 1.1 of the Motor Fuel |
4 | | Tax Law, and "gasohol" has the meaning given to that term in |
5 | | Section 3-40 of the Use Tax Act. |
6 | | Of the remainder of the moneys received by the Department |
7 | | pursuant to this Act, 75% shall be paid into the General |
8 | | Revenue Fund of the State treasury Treasury and 25% shall be |
9 | | reserved in a special account and used only for the transfer to |
10 | | the Common School Fund as part of the monthly transfer from the |
11 | | General Revenue Fund in accordance with Section 8a of the |
12 | | State Finance Act. |
13 | | The Department may, upon separate written notice to a |
14 | | taxpayer, require the taxpayer to prepare and file with the |
15 | | Department on a form prescribed by the Department within not |
16 | | less than 60 days after receipt of the notice an annual |
17 | | information return for the tax year specified in the notice. |
18 | | Such annual return to the Department shall include a statement |
19 | | of gross receipts as shown by the taxpayer's last federal |
20 | | Federal income tax return. If the total receipts of the |
21 | | business as reported in the federal Federal income tax return |
22 | | do not agree with the gross receipts reported to the |
23 | | Department of Revenue for the same period, the taxpayer shall |
24 | | attach to his annual return a schedule showing a |
25 | | reconciliation of the 2 amounts and the reasons for the |
26 | | difference. The taxpayer's annual return to the Department |
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1 | | shall also disclose the cost of goods sold by the taxpayer |
2 | | during the year covered by such return, opening and closing |
3 | | inventories of such goods for such year, cost of goods used |
4 | | from stock or taken from stock and given away by the taxpayer |
5 | | during such year, pay roll information of the taxpayer's |
6 | | business during such year and any additional reasonable |
7 | | information which the Department deems would be helpful in |
8 | | determining the accuracy of the monthly, quarterly or annual |
9 | | returns filed by such taxpayer as hereinbefore provided for in |
10 | | this Section. |
11 | | If the annual information return required by this Section |
12 | | is not filed when and as required, the taxpayer shall be liable |
13 | | as follows: |
14 | | (i) Until January 1, 1994, the taxpayer shall be |
15 | | liable for a penalty equal to 1/6 of 1% of the tax due from |
16 | | such taxpayer under this Act during the period to be |
17 | | covered by the annual return for each month or fraction of |
18 | | a month until such return is filed as required, the |
19 | | penalty to be assessed and collected in the same manner as |
20 | | any other penalty provided for in this Act. |
21 | | (ii) On and after January 1, 1994, the taxpayer shall |
22 | | be liable for a penalty as described in Section 3-4 of the |
23 | | Uniform Penalty and Interest Act. |
24 | | The chief executive officer, proprietor, owner , or highest |
25 | | ranking manager shall sign the annual return to certify the |
26 | | accuracy of the information contained therein. Any person who |
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1 | | willfully signs the annual return containing false or |
2 | | inaccurate information shall be guilty of perjury and punished |
3 | | accordingly. The annual return form prescribed by the |
4 | | Department shall include a warning that the person signing the |
5 | | return may be liable for perjury. |
6 | | The foregoing portion of this Section concerning the |
7 | | filing of an annual information return shall not apply to a |
8 | | serviceman who is not required to file an income tax return |
9 | | with the United States Government. |
10 | | As soon as possible after the first day of each month, upon |
11 | | certification of the Department of Revenue, the Comptroller |
12 | | shall order transferred and the Treasurer shall transfer from |
13 | | the General Revenue Fund to the Motor Fuel Tax Fund an amount |
14 | | equal to 1.7% of 80% of the net revenue realized under this Act |
15 | | for the second preceding month. Beginning April 1, 2000, this |
16 | | transfer is no longer required and shall not be made. |
17 | | Net revenue realized for a month shall be the revenue |
18 | | collected by the State pursuant to this Act, less the amount |
19 | | paid out during that month as refunds to taxpayers for |
20 | | overpayment of liability. |
21 | | For greater simplicity of administration, it shall be |
22 | | permissible for manufacturers, importers and wholesalers whose |
23 | | products are sold by numerous servicemen in Illinois, and who |
24 | | wish to do so, to assume the responsibility for accounting and |
25 | | paying to the Department all tax accruing under this Act with |
26 | | respect to such sales, if the servicemen who are affected do |
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1 | | not make written objection to the Department to this |
2 | | arrangement. |
3 | | (Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23; |
4 | | 103-363, eff. 7-28-23; revised 9-25-23.)
|
5 | | Section 20. The Retailers' Occupation Tax Act is amended |
6 | | by changing Section 3 as follows:
|
7 | | (35 ILCS 120/3) (from Ch. 120, par. 442) |
8 | | Sec. 3. Except as provided in this Section, on or before |
9 | | the twentieth day of each calendar month, every person engaged |
10 | | in the business of selling tangible personal property at |
11 | | retail in this State during the preceding calendar month shall |
12 | | file a return with the Department, stating: |
13 | | 1. The name of the seller; |
14 | | 2. His residence address and the address of his |
15 | | principal place of business and the address of the |
16 | | principal place of business (if that is a different |
17 | | address) from which he engages in the business of selling |
18 | | tangible personal property at retail in this State; |
19 | | 3. Total amount of receipts received by him during the |
20 | | preceding calendar month or quarter, as the case may be, |
21 | | from sales of tangible personal property, and from |
22 | | services furnished, by him during such preceding calendar |
23 | | month or quarter; |
24 | | 4. Total amount received by him during the preceding |
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1 | | calendar month or quarter on charge and time sales of |
2 | | tangible personal property, and from services furnished, |
3 | | by him prior to the month or quarter for which the return |
4 | | is filed; |
5 | | 5. Deductions allowed by law; |
6 | | 6. Gross receipts which were received by him during |
7 | | the preceding calendar month or quarter and upon the basis |
8 | | of which the tax is imposed, including gross receipts on |
9 | | food for human consumption that is to be consumed off the |
10 | | premises where it is sold (other than alcoholic beverages, |
11 | | food consisting of or infused with adult use cannabis, |
12 | | soft drinks, and food that has been prepared for immediate |
13 | | consumption) which were received during the preceding |
14 | | calendar month or quarter and upon which tax would have |
15 | | been due but for the 0% rate imposed under Public Act |
16 | | 102-700; |
17 | | 7. The amount of credit provided in Section 2d of this |
18 | | Act; |
19 | | 8. The amount of tax due, including the amount of tax |
20 | | that would have been due on food for human consumption |
21 | | that is to be consumed off the premises where it is sold |
22 | | (other than alcoholic beverages, food consisting of or |
23 | | infused with adult use cannabis, soft drinks, and food |
24 | | that has been prepared for immediate consumption) but for |
25 | | the 0% rate imposed under Public Act 102-700; |
26 | | 9. The signature of the taxpayer; and |
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1 | | 10. Such other reasonable information as the |
2 | | Department may require. |
3 | | On and after January 1, 2018, except for returns required |
4 | | to be filed prior to January 1, 2023 for motor vehicles, |
5 | | watercraft, aircraft, and trailers that are required to be |
6 | | registered with an agency of this State, with respect to |
7 | | retailers whose annual gross receipts average $20,000 or more, |
8 | | all returns required to be filed pursuant to this Act shall be |
9 | | filed electronically. On and after January 1, 2023, with |
10 | | respect to retailers whose annual gross receipts average |
11 | | $20,000 or more, all returns required to be filed pursuant to |
12 | | this Act, including, but not limited to, returns for motor |
13 | | vehicles, watercraft, aircraft, and trailers that are required |
14 | | to be registered with an agency of this State, shall be filed |
15 | | electronically. Retailers who demonstrate that they do not |
16 | | have access to the Internet or demonstrate hardship in filing |
17 | | electronically may petition the Department to waive the |
18 | | electronic filing requirement. |
19 | | If a taxpayer fails to sign a return within 30 days after |
20 | | the proper notice and demand for signature by the Department, |
21 | | the return shall be considered valid and any amount shown to be |
22 | | due on the return shall be deemed assessed. |
23 | | Each return shall be accompanied by the statement of |
24 | | prepaid tax issued pursuant to Section 2e for which credit is |
25 | | claimed. |
26 | | Prior to October 1, 2003 , and on and after September 1, |
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1 | | 2004 , a retailer may accept a Manufacturer's Purchase Credit |
2 | | certification from a purchaser in satisfaction of Use Tax as |
3 | | provided in Section 3-85 of the Use Tax Act if the purchaser |
4 | | provides the appropriate documentation as required by Section |
5 | | 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit |
6 | | certification, accepted by a retailer prior to October 1, 2003 |
7 | | and on and after September 1, 2004 as provided in Section 3-85 |
8 | | of the Use Tax Act, may be used by that retailer to satisfy |
9 | | Retailers' Occupation Tax liability in the amount claimed in |
10 | | the certification, not to exceed 6.25% of the receipts subject |
11 | | to tax from a qualifying purchase. A Manufacturer's Purchase |
12 | | Credit reported on any original or amended return filed under |
13 | | this Act after October 20, 2003 for reporting periods prior to |
14 | | September 1, 2004 shall be disallowed. Manufacturer's Purchase |
15 | | Credit reported on annual returns due on or after January 1, |
16 | | 2005 will be disallowed for periods prior to September 1, |
17 | | 2004. No Manufacturer's Purchase Credit may be used after |
18 | | September 30, 2003 through August 31, 2004 to satisfy any tax |
19 | | liability imposed under this Act, including any audit |
20 | | liability. |
21 | | Beginning on July 1, 2023 and through December 31, 2032, a |
22 | | retailer may accept a Sustainable Aviation Fuel Purchase |
23 | | Credit certification from an air common carrier-purchaser in |
24 | | satisfaction of Use Tax on aviation fuel as provided in |
25 | | Section 3-87 of the Use Tax Act if the purchaser provides the |
26 | | appropriate documentation as required by Section 3-87 of the |
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1 | | Use Tax Act. A Sustainable Aviation Fuel Purchase Credit |
2 | | certification accepted by a retailer in accordance with this |
3 | | paragraph may be used by that retailer to satisfy Retailers' |
4 | | Occupation Tax liability (but not in satisfaction of penalty |
5 | | or interest) in the amount claimed in the certification, not |
6 | | to exceed 6.25% of the receipts subject to tax from a sale of |
7 | | aviation fuel. In addition, for a sale of aviation fuel to |
8 | | qualify to earn the Sustainable Aviation Fuel Purchase Credit, |
9 | | retailers must retain in their books and records a |
10 | | certification from the producer of the aviation fuel that the |
11 | | aviation fuel sold by the retailer and for which a sustainable |
12 | | aviation fuel purchase credit was earned meets the definition |
13 | | of sustainable aviation fuel under Section 3-87 of the Use Tax |
14 | | Act. The documentation must include detail sufficient for the |
15 | | Department to determine the number of gallons of sustainable |
16 | | aviation fuel sold. |
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. The |
21 | | taxpayer shall also file a return with the Department for each |
22 | | of the first 2 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 from |
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1 | | which he engages in the business of selling tangible |
2 | | personal property at retail in this State; |
3 | | 3. The total amount of taxable receipts received by |
4 | | him during the preceding calendar month from sales of |
5 | | tangible personal property by him during such preceding |
6 | | calendar month, including receipts from charge and time |
7 | | sales, but less all deductions allowed by law; |
8 | | 4. The amount of credit provided in Section 2d of this |
9 | | Act; |
10 | | 5. The amount of tax due; and |
11 | | 6. Such other reasonable information as the Department |
12 | | may require. |
13 | | Every person engaged in the business of selling aviation |
14 | | fuel at retail in this State during the preceding calendar |
15 | | month shall, instead of reporting and paying tax as otherwise |
16 | | required by this Section, report and pay such tax on a separate |
17 | | aviation fuel tax return. The requirements related to the |
18 | | return shall be as otherwise provided in this Section. |
19 | | Notwithstanding any other provisions of this Act to the |
20 | | contrary, retailers selling aviation fuel shall file all |
21 | | aviation fuel tax returns and shall make all aviation fuel tax |
22 | | payments by electronic means in the manner and form required |
23 | | by the Department. For purposes of this Section, "aviation |
24 | | fuel" means jet fuel and aviation gasoline. |
25 | | Beginning on October 1, 2003, any person who is not a |
26 | | licensed distributor, importing distributor, or manufacturer, |
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1 | | as defined in the Liquor Control Act of 1934, but is engaged in |
2 | | the business of selling, at retail, alcoholic liquor shall |
3 | | file a statement with the Department of Revenue, in a format |
4 | | and at a time prescribed by the Department, showing the total |
5 | | amount paid for alcoholic liquor purchased during the |
6 | | preceding month and such other information as is reasonably |
7 | | required by the Department. The Department may adopt rules to |
8 | | require that this statement be filed in an electronic or |
9 | | telephonic format. Such rules may provide for exceptions from |
10 | | the filing requirements of this paragraph. For the purposes of |
11 | | this paragraph, the term "alcoholic liquor" shall have the |
12 | | meaning prescribed in the Liquor Control Act of 1934. |
13 | | Beginning on October 1, 2003, every distributor, importing |
14 | | distributor, and manufacturer of alcoholic liquor as defined |
15 | | in the Liquor Control Act of 1934, shall file a statement with |
16 | | the Department of Revenue, no later than the 10th day of the |
17 | | month for the preceding month during which transactions |
18 | | occurred, by electronic means, showing the total amount of |
19 | | gross receipts from the sale of alcoholic liquor sold or |
20 | | distributed during the preceding month to purchasers; |
21 | | identifying the purchaser to whom it was sold or distributed; |
22 | | the purchaser's tax registration number; and such other |
23 | | information reasonably required by the Department. A |
24 | | distributor, importing distributor, or manufacturer of |
25 | | alcoholic liquor must personally deliver, mail, or provide by |
26 | | electronic means to each retailer listed on the monthly |
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1 | | statement a report containing a cumulative total of that |
2 | | distributor's, importing distributor's, or manufacturer's |
3 | | total sales of alcoholic liquor to that retailer no later than |
4 | | the 10th day of the month for the preceding month during which |
5 | | the transaction occurred. The distributor, importing |
6 | | distributor, or manufacturer shall notify the retailer as to |
7 | | the method by which the distributor, importing distributor, or |
8 | | manufacturer will provide the sales information. If the |
9 | | retailer is unable to receive the sales information by |
10 | | electronic means, the distributor, importing distributor, or |
11 | | manufacturer shall furnish the sales information by personal |
12 | | delivery or by mail. For purposes of this paragraph, the term |
13 | | "electronic means" includes, but is not limited to, the use of |
14 | | a secure Internet website, e-mail, or facsimile. |
15 | | If a total amount of less than $1 is payable, refundable or |
16 | | creditable, such amount shall be disregarded if it is less |
17 | | than 50 cents and shall be increased to $1 if it is 50 cents or |
18 | | more. |
19 | | Notwithstanding any other provision of this Act to the |
20 | | contrary, retailers subject to tax on cannabis shall file all |
21 | | cannabis tax returns and shall make all cannabis tax payments |
22 | | by electronic means in the manner and form required by the |
23 | | Department. |
24 | | Beginning October 1, 1993, a taxpayer who has an average |
25 | | monthly tax liability of $150,000 or more shall make all |
26 | | payments required by rules of the Department by electronic |
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1 | | funds transfer. Beginning October 1, 1994, a taxpayer who has |
2 | | an average monthly tax liability of $100,000 or more shall |
3 | | make all payments required by rules of the Department by |
4 | | electronic funds transfer. Beginning October 1, 1995, a |
5 | | taxpayer who has an average monthly tax liability of $50,000 |
6 | | or more shall make all payments required by rules of the |
7 | | Department by electronic funds transfer. Beginning October 1, |
8 | | 2000, a taxpayer who has an annual tax liability of $200,000 or |
9 | | more shall make all payments required by rules of the |
10 | | Department by electronic funds transfer. The term "annual tax |
11 | | liability" shall be the sum of the taxpayer's liabilities |
12 | | under this Act, and under all other State and local occupation |
13 | | and use tax laws administered by the Department, for the |
14 | | immediately preceding calendar year. The term "average monthly |
15 | | tax liability" shall be the sum of the taxpayer's liabilities |
16 | | under this Act, and under all other State and local occupation |
17 | | and use tax laws administered by the Department, for the |
18 | | immediately preceding calendar year divided by 12. Beginning |
19 | | on October 1, 2002, a taxpayer who has a tax liability in the |
20 | | amount set forth in subsection (b) of Section 2505-210 of the |
21 | | Department of Revenue Law shall make all payments required by |
22 | | rules of the Department by electronic funds transfer. |
23 | | Before August 1 of each year beginning in 1993, the |
24 | | Department shall notify all taxpayers required to make |
25 | | payments by electronic funds transfer. All taxpayers required |
26 | | to make payments by electronic funds transfer shall make those |
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1 | | payments for a minimum of one year beginning on October 1. |
2 | | Any taxpayer not required to make payments by electronic |
3 | | funds transfer may make payments by electronic funds transfer |
4 | | with the permission of the Department. |
5 | | All taxpayers required to make payment by electronic funds |
6 | | transfer and any taxpayers authorized to voluntarily make |
7 | | payments by electronic funds transfer shall make those |
8 | | payments in the manner authorized by the Department. |
9 | | The Department shall adopt such rules as are necessary to |
10 | | effectuate a program of electronic funds transfer and the |
11 | | requirements of this Section. |
12 | | Any amount which is required to be shown or reported on any |
13 | | return or other document under this Act shall, if such amount |
14 | | is not a whole-dollar amount, be increased to the nearest |
15 | | whole-dollar amount in any case where the fractional part of a |
16 | | dollar is 50 cents or more, and decreased to the nearest |
17 | | whole-dollar amount where the fractional part of a dollar is |
18 | | less than 50 cents. |
19 | | If the retailer is otherwise required to file a monthly |
20 | | return and if the retailer's average monthly tax liability to |
21 | | the Department does not exceed $200, the Department may |
22 | | authorize his returns to be filed on a quarter annual basis, |
23 | | with the return for January, February , and March of a given |
24 | | year being due by April 20 of such year; with the return for |
25 | | April, May , and June of a given year being due by July 20 of |
26 | | such year; with the return for July, August , and September of a |
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1 | | given year being due by October 20 of such year, and with the |
2 | | return for October, November , and December of a given year |
3 | | being due by January 20 of the following year. |
4 | | If the retailer is otherwise required to file a monthly or |
5 | | quarterly return and if the retailer's average monthly tax |
6 | | liability with the Department does not exceed $50, the |
7 | | Department may authorize his returns to be filed on an annual |
8 | | basis, with the return for a given year being due by January 20 |
9 | | of the following year. |
10 | | Such quarter annual and annual returns, as to form and |
11 | | substance, shall be subject to the same requirements as |
12 | | monthly returns. |
13 | | Notwithstanding any other provision in this Act concerning |
14 | | the time within which a retailer may file his return, in the |
15 | | case of any retailer who ceases to engage in a kind of business |
16 | | which makes him responsible for filing returns under this Act, |
17 | | such retailer shall file a final return under this Act with the |
18 | | Department not more than one month after discontinuing such |
19 | | business. |
20 | | Where the same person has more than one business |
21 | | registered with the Department under separate registrations |
22 | | under this Act, such person may not file each return that is |
23 | | due as a single return covering all such registered |
24 | | businesses, but shall file separate returns for each such |
25 | | registered business. |
26 | | In addition, with respect to motor vehicles, watercraft, |
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1 | | aircraft, and trailers that are required to be registered with |
2 | | an agency of this State, except as otherwise provided in this |
3 | | Section, every retailer selling this kind of tangible personal |
4 | | property shall file, with the Department, upon a form to be |
5 | | prescribed and supplied by the Department, a separate return |
6 | | for each such item of tangible personal property which the |
7 | | retailer sells, except that if, in the same transaction, (i) a |
8 | | retailer of aircraft, watercraft, motor vehicles , or trailers |
9 | | transfers more than one aircraft, watercraft, motor vehicle , |
10 | | or trailer to another aircraft, watercraft, motor vehicle |
11 | | retailer , or trailer retailer for the purpose of resale or |
12 | | (ii) a retailer of aircraft, watercraft, motor vehicles, or |
13 | | trailers transfers more than one aircraft, watercraft, motor |
14 | | vehicle, or trailer to a purchaser for use as a qualifying |
15 | | rolling stock as provided in Section 2-5 of this Act, then that |
16 | | seller may report the transfer of all aircraft, watercraft, |
17 | | motor vehicles , or trailers involved in that transaction to |
18 | | the Department on the same uniform invoice-transaction |
19 | | reporting return form. For purposes of this Section, |
20 | | "watercraft" means a Class 2, Class 3, or Class 4 watercraft as |
21 | | defined in Section 3-2 of the Boat Registration and Safety |
22 | | Act, a personal watercraft, or any boat equipped with an |
23 | | inboard motor. |
24 | | In addition, with respect to motor vehicles, watercraft, |
25 | | aircraft, and trailers that are required to be registered with |
26 | | an agency of this State, every person who is engaged in the |
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1 | | business of leasing or renting such items and who, in |
2 | | connection with such business, sells any such item to a |
3 | | retailer for the purpose of resale is, notwithstanding any |
4 | | other provision of this Section to the contrary, authorized to |
5 | | meet the return-filing requirement of this Act by reporting |
6 | | the transfer of all the aircraft, watercraft, motor vehicles, |
7 | | or trailers transferred for resale during a month to the |
8 | | Department on the same uniform invoice-transaction reporting |
9 | | return form on or before the 20th of the month following the |
10 | | month in which the transfer takes place. Notwithstanding any |
11 | | other provision of this Act to the contrary, all returns filed |
12 | | under this paragraph must be filed by electronic means in the |
13 | | manner and form as required by the Department. |
14 | | Any retailer who sells only motor vehicles, watercraft, |
15 | | aircraft, or trailers that are required to be registered with |
16 | | an agency of this State, so that all retailers' occupation tax |
17 | | liability is required to be reported, and is reported, on such |
18 | | transaction reporting returns and who is not otherwise |
19 | | required to file monthly or quarterly returns, need not file |
20 | | monthly or quarterly returns. However, those retailers shall |
21 | | be required to file returns on an annual basis. |
22 | | The transaction reporting return, in the case of motor |
23 | | vehicles or trailers that are required to be registered with |
24 | | an agency of this State, shall be the same document as the |
25 | | Uniform Invoice referred to in Section 5-402 of the Illinois |
26 | | Vehicle Code and must show the name and address of the seller; |
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1 | | the name and address of the purchaser; the amount of the |
2 | | selling price including the amount allowed by the retailer for |
3 | | traded-in property, if any; the amount allowed by the retailer |
4 | | for the traded-in tangible personal property, if any, to the |
5 | | extent to which Section 1 of this Act allows an exemption for |
6 | | the value of traded-in property; the balance payable after |
7 | | deducting such trade-in allowance from the total selling |
8 | | price; the amount of tax due from the retailer with respect to |
9 | | such transaction; the amount of tax collected from the |
10 | | purchaser by the retailer on such transaction (or satisfactory |
11 | | evidence that such tax is not due in that particular instance, |
12 | | if that is claimed to be the fact); the place and date of the |
13 | | sale; a sufficient identification of the property sold; such |
14 | | other information as is required in Section 5-402 of the |
15 | | Illinois Vehicle Code, and such other information as the |
16 | | Department may reasonably require. |
17 | | The transaction reporting return in the case of watercraft |
18 | | or aircraft must show the name and address of the seller; the |
19 | | name and address of the purchaser; the amount of the selling |
20 | | price including the amount allowed by the retailer for |
21 | | traded-in property, if any; the amount allowed by the retailer |
22 | | for the traded-in tangible personal property, if any, to the |
23 | | extent to which Section 1 of this Act allows an exemption for |
24 | | the value of traded-in property; the balance payable after |
25 | | deducting such trade-in allowance from the total selling |
26 | | price; the amount of tax due from the retailer with respect to |
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1 | | such transaction; the amount of tax collected from the |
2 | | purchaser by the retailer on such transaction (or satisfactory |
3 | | evidence that such tax is not due in that particular instance, |
4 | | if that is claimed to be the fact); the place and date of the |
5 | | sale, a sufficient identification of the property sold, and |
6 | | such other information as the Department may reasonably |
7 | | require. |
8 | | Such transaction reporting return shall be filed not later |
9 | | than 20 days after the day of delivery of the item that is |
10 | | being sold, but may be filed by the retailer at any time sooner |
11 | | than that if he chooses to do so. The transaction reporting |
12 | | return and tax remittance or proof of exemption from the |
13 | | Illinois use tax may be transmitted to the Department by way of |
14 | | the State agency with which, or State officer with whom the |
15 | | tangible personal property must be titled or registered (if |
16 | | titling or registration is required) if the Department and |
17 | | such agency or State officer determine that this procedure |
18 | | will expedite the processing of applications for title or |
19 | | registration. |
20 | | With each such transaction reporting return, the retailer |
21 | | shall remit the proper amount of tax due (or shall submit |
22 | | satisfactory evidence that the sale is not taxable if that is |
23 | | the case), to the Department or its agents, whereupon the |
24 | | Department shall issue, in the purchaser's name, a use tax |
25 | | receipt (or a certificate of exemption if the Department is |
26 | | satisfied that the particular sale is tax exempt) which such |
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1 | | purchaser may submit to the agency with which, or State |
2 | | officer with whom, he must title or register the tangible |
3 | | personal property that is involved (if titling or registration |
4 | | is required) in support of such purchaser's application for an |
5 | | Illinois certificate or other evidence of title or |
6 | | registration to such tangible personal property. |
7 | | No retailer's failure or refusal to remit tax under this |
8 | | Act precludes a user, who has paid the proper tax to the |
9 | | retailer, from obtaining his certificate of title or other |
10 | | evidence of title or registration (if titling or registration |
11 | | is required) upon satisfying the Department that such user has |
12 | | paid the proper tax (if tax is due) to the retailer. The |
13 | | Department shall adopt appropriate rules to carry out the |
14 | | mandate of this paragraph. |
15 | | If the user who would otherwise pay tax to the retailer |
16 | | wants the transaction reporting return filed and the payment |
17 | | of the tax or proof of exemption made to the Department before |
18 | | the retailer is willing to take these actions and such user has |
19 | | not paid the tax to the retailer, such user may certify to the |
20 | | fact of such delay by the retailer and may (upon the Department |
21 | | being satisfied of the truth of such certification) transmit |
22 | | the information required by the transaction reporting return |
23 | | and the remittance for tax or proof of exemption directly to |
24 | | the Department and obtain his tax receipt or exemption |
25 | | determination, in which event the transaction reporting return |
26 | | and tax remittance (if a tax payment was required) shall be |
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1 | | credited by the Department to the proper retailer's account |
2 | | with the Department, but without the 2.1% or 1.75% discount |
3 | | provided for in this Section being allowed. When the user pays |
4 | | the tax directly to the Department, he shall pay the tax in the |
5 | | same amount and in the same form in which it would be remitted |
6 | | if the tax had been remitted to the Department by the retailer. |
7 | | Refunds made by the seller during the preceding return |
8 | | period to purchasers, on account of tangible personal property |
9 | | returned to the seller, shall be allowed as a deduction under |
10 | | subdivision 5 of his monthly or quarterly return, as the case |
11 | | may be, in case the seller had theretofore included the |
12 | | receipts from the sale of such tangible personal property in a |
13 | | return filed by him and had paid the tax imposed by this Act |
14 | | with respect to such receipts. |
15 | | Where the seller is a corporation, the return filed on |
16 | | behalf of such corporation shall be signed by the president, |
17 | | vice-president, secretary , or treasurer or by the properly |
18 | | accredited agent of such corporation. |
19 | | Where the seller is a limited liability company, the |
20 | | return filed on behalf of the limited liability company shall |
21 | | be signed by a manager, member, or properly accredited agent |
22 | | of the limited liability company. |
23 | | Except as provided in this Section, the retailer filing |
24 | | the return under this Section shall, at the time of filing such |
25 | | return, pay to the Department the amount of tax imposed by this |
26 | | Act less a discount of 2.1% prior to January 1, 1990 and 1.75% |
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1 | | on and after January 1, 1990, or $5 per calendar year, |
2 | | whichever is greater, which is allowed to reimburse the |
3 | | retailer for the expenses incurred in keeping records, |
4 | | preparing and filing returns, remitting the tax and supplying |
5 | | data to the Department on request. On and after January 1, |
6 | | 2021, a certified service provider, as defined in the Leveling |
7 | | the Playing Field for Illinois Retail Act, filing the return |
8 | | under this Section on behalf of a remote retailer shall, at the |
9 | | time of such return, pay to the Department the amount of tax |
10 | | imposed by this Act less a discount of 1.75%. A remote retailer |
11 | | using a certified service provider to file a return on its |
12 | | behalf, as provided in the Leveling the Playing Field for |
13 | | Illinois Retail Act, is not eligible for the discount. When |
14 | | determining the discount allowed under this Section, retailers |
15 | | shall include the amount of tax that would have been due at the |
16 | | 1% rate but for the 0% rate imposed under Public Act 102-700. |
17 | | When determining the discount allowed under this Section, |
18 | | retailers shall include the amount of tax that would have been |
19 | | due at the 6.25% rate but for the 1.25% rate imposed on sales |
20 | | tax holiday items under Public Act 102-700. The discount under |
21 | | this Section is not allowed for the 1.25% portion of taxes paid |
22 | | on aviation fuel that is subject to the revenue use |
23 | | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any |
24 | | prepayment made pursuant to Section 2d of this Act shall be |
25 | | included in the amount on which such 2.1% or 1.75% discount is |
26 | | computed. In the case of retailers who report and pay the tax |
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1 | | on a transaction by transaction basis, as provided in this |
2 | | Section, such discount shall be taken with each such tax |
3 | | remittance instead of when such retailer files his periodic |
4 | | return. The discount allowed under this Section is allowed |
5 | | only for returns that are filed in the manner required by this |
6 | | Act. The Department may disallow the discount for retailers |
7 | | whose certificate of registration is revoked at the time the |
8 | | return is filed, but only if the Department's decision to |
9 | | revoke the certificate of registration has become final. |
10 | | Before October 1, 2000, if the taxpayer's average monthly |
11 | | tax liability to the Department under this Act, the Use Tax |
12 | | Act, the Service Occupation Tax Act, and the Service Use Tax |
13 | | Act, excluding any liability for prepaid sales tax to be |
14 | | remitted in accordance with Section 2d of this Act, was |
15 | | $10,000 or more during the preceding 4 complete calendar |
16 | | quarters, he shall file a return with the Department each |
17 | | month by the 20th day of the month next following the month |
18 | | during which such tax liability is incurred and shall make |
19 | | payments to the Department on or before the 7th, 15th, 22nd and |
20 | | last day of the month during which such liability is incurred. |
21 | | On and after October 1, 2000, if the taxpayer's average |
22 | | monthly tax liability to the Department under this Act, the |
23 | | Use Tax Act, the Service Occupation Tax Act, and the Service |
24 | | Use Tax Act, excluding any liability for prepaid sales tax to |
25 | | be remitted in accordance with Section 2d of this Act, was |
26 | | $20,000 or more during the preceding 4 complete calendar |
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1 | | quarters, he shall file a return with the Department each |
2 | | month by the 20th day of the month next following the month |
3 | | during which such tax liability is incurred and shall make |
4 | | payment to the Department on or before the 7th, 15th, 22nd and |
5 | | last day of the month during which such liability is incurred. |
6 | | If the month during which such tax liability is incurred began |
7 | | prior to January 1, 1985, each payment shall be in an amount |
8 | | equal to 1/4 of the taxpayer's actual liability for the month |
9 | | or an amount set by the Department not to exceed 1/4 of the |
10 | | average monthly liability of the taxpayer to the Department |
11 | | for the preceding 4 complete calendar quarters (excluding the |
12 | | month of highest liability and the month of lowest liability |
13 | | in 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 month |
24 | | during which such tax liability is incurred begins on or after |
25 | | January 1, 1988, and prior to January 1, 1989, or begins on or |
26 | | after January 1, 1996, each payment shall be in an amount equal |
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1 | | to 22.5% of the taxpayer's actual liability for the month or |
2 | | 25% of the taxpayer's liability for the same calendar month of |
3 | | the preceding year. If the month during which such tax |
4 | | liability is incurred begins on or after January 1, 1989, and |
5 | | prior to January 1, 1996, each payment shall be in an amount |
6 | | equal to 22.5% of the taxpayer's actual liability for the |
7 | | month or 25% of the taxpayer's liability for the same calendar |
8 | | month of the preceding year or 100% of the taxpayer's actual |
9 | | liability for the quarter monthly reporting period. The amount |
10 | | of such quarter monthly payments shall be credited against the |
11 | | final tax liability of the taxpayer's return for that month. |
12 | | Before October 1, 2000, once applicable, the requirement of |
13 | | the making of quarter monthly payments to the Department by |
14 | | taxpayers having an average monthly tax liability of $10,000 |
15 | | or more as determined in the manner provided above shall |
16 | | continue until such taxpayer's average monthly liability to |
17 | | the Department during the preceding 4 complete calendar |
18 | | quarters (excluding the month of highest liability and the |
19 | | month of lowest liability) is less than $9,000, or until such |
20 | | taxpayer's average monthly liability to the Department as |
21 | | computed for each calendar quarter of the 4 preceding complete |
22 | | calendar quarter period is less than $10,000. However, if a |
23 | | taxpayer can show the Department that a substantial change in |
24 | | the taxpayer's business has occurred which causes the taxpayer |
25 | | to anticipate that his average monthly tax liability for the |
26 | | reasonably foreseeable future will fall below the $10,000 |
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1 | | threshold stated above, then such taxpayer may petition the |
2 | | Department for a change in such taxpayer's reporting status. |
3 | | On and after October 1, 2000, once applicable, the requirement |
4 | | of the making of quarter monthly payments to the Department by |
5 | | taxpayers having an average monthly tax liability of $20,000 |
6 | | or more as determined in the manner provided above shall |
7 | | continue until such taxpayer's average monthly liability to |
8 | | the Department during the preceding 4 complete calendar |
9 | | quarters (excluding the month of highest liability and the |
10 | | month of lowest liability) is less than $19,000 or until such |
11 | | taxpayer's average monthly liability to the Department as |
12 | | computed for each calendar quarter of the 4 preceding complete |
13 | | calendar quarter period is less than $20,000. However, if a |
14 | | taxpayer can show the Department that a substantial change in |
15 | | the taxpayer's business has occurred which causes the taxpayer |
16 | | to anticipate that his average monthly tax liability for the |
17 | | reasonably foreseeable future will fall below the $20,000 |
18 | | threshold stated above, then such taxpayer may petition the |
19 | | Department for a change in such taxpayer's reporting status. |
20 | | The Department shall change such taxpayer's reporting status |
21 | | unless it finds that such change is seasonal in nature and not |
22 | | likely to be long term. Quarter monthly payment status shall |
23 | | be determined under this paragraph as if the rate reduction to |
24 | | 0% in Public Act 102-700 on food for human consumption that is |
25 | | to be consumed off the premises where it is sold (other than |
26 | | alcoholic beverages, food consisting of or infused with adult |
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1 | | use cannabis, soft drinks, and food that has been prepared for |
2 | | immediate consumption) had not occurred. For quarter monthly |
3 | | payments due under this paragraph on or after July 1, 2023 and |
4 | | through June 30, 2024, "25% of the taxpayer's liability for |
5 | | the same calendar month of the preceding year" shall be |
6 | | determined as if the rate reduction to 0% in Public Act 102-700 |
7 | | had not occurred. Quarter monthly payment status shall be |
8 | | determined under this paragraph as if the rate reduction to |
9 | | 1.25% in Public Act 102-700 on sales tax holiday items had not |
10 | | occurred. For quarter monthly payments due on or after July 1, |
11 | | 2023 and through June 30, 2024, "25% of the taxpayer's |
12 | | liability for the same calendar month of the preceding year" |
13 | | shall be determined as if the rate reduction to 1.25% in Public |
14 | | Act 102-700 on sales tax holiday items had not occurred. If any |
15 | | such quarter monthly payment is not paid at the time or in the |
16 | | amount required by this Section, then the taxpayer shall be |
17 | | liable for penalties and interest on the difference between |
18 | | the minimum amount due as a payment and the amount of such |
19 | | quarter monthly payment actually and timely paid, except |
20 | | insofar as the taxpayer has previously made payments for that |
21 | | month to the Department in excess of the minimum payments |
22 | | previously due as provided in this Section. The Department |
23 | | shall make reasonable rules and regulations to govern the |
24 | | quarter monthly payment amount and quarter monthly payment |
25 | | dates for taxpayers who file on other than a calendar monthly |
26 | | basis. |
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1 | | The provisions of this paragraph apply before October 1, |
2 | | 2001. Without regard to whether a taxpayer is required to make |
3 | | quarter monthly payments as specified above, any taxpayer who |
4 | | is required by Section 2d of this Act to collect and remit |
5 | | prepaid taxes and has collected prepaid taxes which average in |
6 | | excess of $25,000 per month during the preceding 2 complete |
7 | | calendar quarters, shall file a return with the Department as |
8 | | required by Section 2f and shall make payments to the |
9 | | Department on or before the 7th, 15th, 22nd and last day of the |
10 | | month during which such liability is incurred. If the month |
11 | | during which such tax liability is incurred began prior to |
12 | | September 1, 1985 (the effective date of Public Act 84-221), |
13 | | each payment shall be in an amount not less than 22.5% of the |
14 | | taxpayer's actual liability under Section 2d. If the month |
15 | | during which such tax liability is incurred begins on or after |
16 | | January 1, 1986, each payment shall be in an amount equal to |
17 | | 22.5% of the taxpayer's actual liability for the month or |
18 | | 27.5% of the taxpayer's liability for the same calendar month |
19 | | of the preceding calendar year. If the month during which such |
20 | | tax liability is incurred begins on or after January 1, 1987, |
21 | | each payment shall be in an amount equal to 22.5% of the |
22 | | taxpayer's actual liability for the month or 26.25% of the |
23 | | taxpayer's liability for the same calendar month of the |
24 | | preceding year. The amount of such quarter monthly payments |
25 | | shall be credited against the final tax liability of the |
26 | | taxpayer's return for that month filed under this Section or |
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1 | | Section 2f, as the case may be. Once applicable, the |
2 | | requirement of the making of quarter monthly payments to the |
3 | | Department pursuant to this paragraph shall continue until |
4 | | such taxpayer's average monthly prepaid tax collections during |
5 | | the preceding 2 complete calendar quarters is $25,000 or less. |
6 | | If any such quarter monthly payment is not paid at the time or |
7 | | in the amount required, the taxpayer shall be liable for |
8 | | penalties and interest on such difference, except insofar as |
9 | | the taxpayer has previously made payments for that month in |
10 | | excess of the minimum payments previously due. |
11 | | The provisions of this paragraph apply on and after |
12 | | October 1, 2001. Without regard to whether a taxpayer is |
13 | | required to make quarter monthly payments as specified above, |
14 | | any taxpayer who is required by Section 2d of this Act to |
15 | | collect and remit prepaid taxes and has collected prepaid |
16 | | taxes that average in excess of $20,000 per month during the |
17 | | preceding 4 complete calendar quarters shall file a return |
18 | | with the Department as required by Section 2f and shall make |
19 | | payments to the Department on or before the 7th, 15th, 22nd , |
20 | | and last day of the month during which the liability is |
21 | | incurred. Each payment shall be in an amount equal to 22.5% of |
22 | | the taxpayer's actual liability for the month or 25% of the |
23 | | taxpayer's liability for the same calendar month of the |
24 | | preceding year. The amount of the quarter monthly payments |
25 | | shall be credited against the final tax liability of the |
26 | | taxpayer's return for that month filed under this Section or |
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1 | | Section 2f, as the case may be. Once applicable, the |
2 | | requirement of the making of quarter monthly payments to the |
3 | | Department pursuant to this paragraph shall continue until the |
4 | | taxpayer's average monthly prepaid tax collections during the |
5 | | preceding 4 complete calendar quarters (excluding the month of |
6 | | highest liability and the month of lowest liability) is less |
7 | | than $19,000 or until such taxpayer's average monthly |
8 | | liability to the Department as computed for each calendar |
9 | | quarter of the 4 preceding complete calendar quarters is less |
10 | | than $20,000. If any such quarter monthly payment is not paid |
11 | | at the time or in the amount required, the taxpayer shall be |
12 | | liable for penalties and interest on such difference, except |
13 | | insofar as the taxpayer has previously made payments for that |
14 | | month in excess of the minimum payments previously due. |
15 | | If any payment provided for in this Section exceeds the |
16 | | taxpayer's liabilities under this Act, the Use Tax Act, the |
17 | | Service Occupation Tax Act , and the Service Use Tax Act, as |
18 | | shown on an original monthly return, the Department shall, if |
19 | | requested by the taxpayer, issue to the taxpayer a credit |
20 | | memorandum no later than 30 days after the date of payment. The |
21 | | credit evidenced by such credit memorandum may be assigned by |
22 | | the taxpayer to a similar taxpayer under this Act, the Use Tax |
23 | | Act, the Service Occupation Tax Act , or the Service Use Tax |
24 | | Act, in accordance with reasonable rules and regulations to be |
25 | | prescribed by the Department. If no such request is made, the |
26 | | taxpayer may credit such excess payment against tax liability |
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1 | | subsequently to be remitted to the Department under this Act, |
2 | | the Use Tax Act, the Service Occupation Tax Act , or the Service |
3 | | Use Tax Act, in accordance with reasonable rules and |
4 | | regulations prescribed by the Department. If the Department |
5 | | subsequently determined that all or any part of the credit |
6 | | taken was not actually due to the taxpayer, the taxpayer's |
7 | | 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or |
8 | | 1.75% of the difference between the credit taken and that |
9 | | actually due, and that taxpayer shall be liable for penalties |
10 | | and interest on such difference. |
11 | | If a retailer of motor fuel is entitled to a credit under |
12 | | Section 2d of this Act which exceeds the taxpayer's liability |
13 | | to the Department under this Act for the month for which the |
14 | | taxpayer is filing a return, the Department shall issue the |
15 | | taxpayer a credit memorandum for the excess. |
16 | | Beginning January 1, 1990, each month the Department shall |
17 | | pay into the Local Government Tax Fund, a special fund in the |
18 | | State treasury which is hereby created, the net revenue |
19 | | realized for the preceding month from the 1% tax imposed under |
20 | | this Act. |
21 | | Beginning January 1, 1990, each month the Department shall |
22 | | pay into the County and Mass Transit District Fund, a special |
23 | | fund in the State treasury which is hereby created, 4% of the |
24 | | net revenue realized for the preceding month from the 6.25% |
25 | | general rate other than aviation fuel sold on or after |
26 | | December 1, 2019. This exception for aviation fuel only |
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1 | | applies for so long as the revenue use requirements of 49 |
2 | | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. |
3 | | Beginning August 1, 2000, each month the Department shall |
4 | | pay into the County and Mass Transit District Fund 20% of the |
5 | | net revenue realized for the preceding month from the 1.25% |
6 | | rate on the selling price of motor fuel and gasohol. If, in any |
7 | | month, the tax on sales tax holiday items, as defined in |
8 | | Section 2-8, is imposed at the rate of 1.25%, then the |
9 | | Department shall pay 20% of the net revenue realized for that |
10 | | month from the 1.25% rate on the selling price of sales tax |
11 | | holiday items into the County and Mass Transit District Fund. |
12 | | Beginning January 1, 1990, each month the Department shall |
13 | | pay into the Local Government Tax Fund 16% of the net revenue |
14 | | realized for the preceding month from the 6.25% general rate |
15 | | on the selling price of tangible personal property other than |
16 | | aviation fuel sold on or after December 1, 2019. This |
17 | | exception for aviation fuel only applies for so long as the |
18 | | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. |
19 | | 47133 are binding on the State. |
20 | | For aviation fuel sold on or after December 1, 2019 and |
21 | | before July 1, 2024 , each month the Department shall pay into |
22 | | the State Aviation Program Fund 20% of the net revenue |
23 | | realized for the preceding month from the 6.25% general rate |
24 | | on the selling price of aviation fuel, less an amount |
25 | | estimated by the Department to be required for refunds of the |
26 | | 20% portion of the tax on aviation fuel under this Act, which |
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1 | | amount shall be deposited into the Aviation Fuel Sales Tax |
2 | | Refund Fund. For aviation fuel sold on or after July 1, 2024, |
3 | | each month the Department shall pay into the State Aviation |
4 | | Program Fund 25% of the net revenue realized for the preceding |
5 | | month from the 6.25% general rate on the selling price of |
6 | | aviation fuel, less an amount estimated by the Department to |
7 | | be required for refunds of the 20% or 25% portion of the tax on |
8 | | aviation fuel under this Act, as applicable, which amount |
9 | | shall be deposited into the Aviation Fuel Sales Tax Refund |
10 | | Fund. The Department shall only pay moneys into the State |
11 | | Aviation Program Fund and the Aviation Fuel Sales Tax Refund |
12 | | Fund under this Act for so long as the revenue use requirements |
13 | | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the |
14 | | State. |
15 | | Beginning August 1, 2000, each month the Department shall |
16 | | pay into the Local Government Tax Fund 80% of the net revenue |
17 | | realized for the preceding month from the 1.25% rate on the |
18 | | selling price of motor fuel and gasohol. If, in any month, the |
19 | | tax on sales tax holiday items, as defined in Section 2-8, is |
20 | | imposed at the rate of 1.25%, then the Department shall pay 80% |
21 | | of the net revenue realized for that month from the 1.25% rate |
22 | | on the selling price of sales tax holiday items into the Local |
23 | | Government Tax Fund. |
24 | | Beginning October 1, 2009, each month the Department shall |
25 | | pay into the Capital Projects Fund an amount that is equal to |
26 | | an amount estimated by the Department to represent 80% of the |
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1 | | net revenue realized for the preceding month from the sale of |
2 | | candy, grooming and hygiene products, and soft drinks that had |
3 | | been taxed at a rate of 1% prior to September 1, 2009 but that |
4 | | are now taxed at 6.25%. |
5 | | Beginning July 1, 2011, each month the Department shall |
6 | | pay into the Clean Air Act Permit Fund 80% of the net revenue |
7 | | realized for the preceding month from the 6.25% general rate |
8 | | on the selling price of sorbents used in Illinois in the |
9 | | process of sorbent injection as used to comply with the |
10 | | Environmental Protection Act or the federal Clean Air Act, but |
11 | | the total payment into the Clean Air Act Permit Fund under this |
12 | | Act and the Use Tax Act shall not exceed $2,000,000 in any |
13 | | fiscal year. |
14 | | Beginning July 1, 2013, each month the Department shall |
15 | | pay into the Underground Storage Tank Fund from the proceeds |
16 | | collected under this Act, the Use Tax Act, the Service Use Tax |
17 | | Act, and the Service Occupation Tax Act an amount equal to the |
18 | | average monthly deficit in the Underground Storage Tank Fund |
19 | | during the prior year, as certified annually by the Illinois |
20 | | Environmental Protection Agency, but the total payment into |
21 | | the Underground Storage Tank Fund under this Act, the Use Tax |
22 | | Act, the Service Use Tax Act, and the Service Occupation Tax |
23 | | Act shall not exceed $18,000,000 in any State fiscal year. As |
24 | | used in this paragraph, the "average monthly deficit" shall be |
25 | | equal to the difference between the average monthly claims for |
26 | | payment by the fund and the average monthly revenues deposited |
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1 | | into the fund, excluding payments made pursuant to this |
2 | | paragraph. |
3 | | Beginning July 1, 2015, of the remainder of the moneys |
4 | | received by the Department under the Use Tax Act, the Service |
5 | | Use Tax Act, the Service Occupation Tax Act, and this Act, each |
6 | | month the Department shall deposit $500,000 into the State |
7 | | Crime Laboratory Fund. |
8 | | Of the remainder of the moneys received by the Department |
9 | | pursuant to this Act, (a) 1.75% thereof shall be paid into the |
10 | | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on |
11 | | and after July 1, 1989, 3.8% thereof shall be paid into the |
12 | | Build Illinois Fund; provided, however, that if in any fiscal |
13 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case |
14 | | may be, of the moneys received by the Department and required |
15 | | to be paid into the Build Illinois Fund pursuant to this Act, |
16 | | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax |
17 | | Act, and Section 9 of the Service Occupation Tax Act, such Acts |
18 | | being hereinafter called the "Tax Acts" and such aggregate of |
19 | | 2.2% or 3.8%, as the case may be, of moneys being hereinafter |
20 | | called the "Tax Act Amount", and (2) the amount transferred to |
21 | | the Build Illinois Fund from the State and Local Sales Tax |
22 | | Reform Fund shall be less than the Annual Specified Amount (as |
23 | | hereinafter defined), an amount equal to the difference shall |
24 | | be immediately paid into the Build Illinois Fund from other |
25 | | moneys received by the Department pursuant to the Tax Acts; |
26 | | the "Annual Specified Amount" means the amounts specified |
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1 | | below for fiscal years 1986 through 1993: |
|
2 | | Fiscal Year | Annual Specified Amount | |
3 | | 1986 | $54,800,000 | |
4 | | 1987 | $76,650,000 | |
5 | | 1988 | $80,480,000 | |
6 | | 1989 | $88,510,000 | |
7 | | 1990 | $115,330,000 | |
8 | | 1991 | $145,470,000 | |
9 | | 1992 | $182,730,000 | |
10 | | 1993 | $206,520,000; |
|
11 | | and means the Certified Annual Debt Service Requirement (as |
12 | | defined in Section 13 of the Build Illinois Bond Act) or the |
13 | | Tax Act Amount, whichever is greater, for fiscal year 1994 and |
14 | | each fiscal year thereafter; and further provided, that if on |
15 | | the last business day of any month the sum of (1) the Tax Act |
16 | | Amount required to be deposited into the Build Illinois Bond |
17 | | Account in the Build Illinois Fund during such month and (2) |
18 | | the amount transferred to the Build Illinois Fund from the |
19 | | State and Local Sales Tax Reform Fund shall have been less than |
20 | | 1/12 of the Annual Specified Amount, an amount equal to the |
21 | | difference shall be immediately paid into the Build Illinois |
22 | | Fund from other moneys received by the Department pursuant to |
23 | | the Tax Acts; and, further provided, that in no event shall the |
24 | | payments required under the preceding proviso result in |
25 | | aggregate payments into the Build Illinois Fund pursuant to |
26 | | this clause (b) for any fiscal year in excess of the greater of |
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1 | | (i) the Tax Act Amount or (ii) the Annual Specified Amount for |
2 | | such fiscal year. The amounts payable into the Build Illinois |
3 | | Fund under clause (b) of the first sentence in this paragraph |
4 | | shall be payable only until such time as the aggregate amount |
5 | | on deposit under each trust indenture securing Bonds issued |
6 | | and outstanding pursuant to the Build Illinois Bond Act is |
7 | | sufficient, taking into account any future investment income, |
8 | | to fully provide, in accordance with such indenture, for the |
9 | | defeasance of or the payment of the principal of, premium, if |
10 | | any, and interest on the Bonds secured by such indenture and on |
11 | | any Bonds expected to be issued thereafter and all fees and |
12 | | costs payable with respect thereto, all as certified by the |
13 | | Director of the Bureau of the Budget (now Governor's Office of |
14 | | Management and Budget). If on the last business day of any |
15 | | month in which Bonds are outstanding pursuant to the Build |
16 | | Illinois Bond Act, the aggregate of moneys deposited in the |
17 | | Build Illinois Bond Account in the Build Illinois Fund in such |
18 | | month shall be less than the amount required to be transferred |
19 | | in such month from the Build Illinois Bond Account to the Build |
20 | | Illinois Bond Retirement and Interest Fund pursuant to Section |
21 | | 13 of the Build Illinois Bond Act, an amount equal to such |
22 | | deficiency shall be immediately paid from other moneys |
23 | | received by the Department pursuant to the Tax Acts to the |
24 | | Build Illinois Fund; provided, however, that any amounts paid |
25 | | to the Build Illinois Fund in any fiscal year pursuant to this |
26 | | sentence shall be deemed to constitute payments pursuant to |
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1 | | clause (b) of the first sentence of this paragraph and shall |
2 | | reduce the amount otherwise payable for such fiscal year |
3 | | pursuant to that clause (b). The moneys received by the |
4 | | Department pursuant to this Act and required to be deposited |
5 | | into the Build Illinois Fund are subject to the pledge, claim |
6 | | and charge set forth in Section 12 of the Build Illinois Bond |
7 | | Act. |
8 | | Subject to payment of amounts into the Build Illinois Fund |
9 | | as provided in the preceding paragraph or in any amendment |
10 | | thereto hereafter enacted, the following specified monthly |
11 | | installment of the amount requested in the certificate of the |
12 | | Chairman of the Metropolitan Pier and Exposition Authority |
13 | | provided under Section 8.25f of the State Finance Act, but not |
14 | | in excess of sums designated as "Total Deposit", shall be |
15 | | deposited in the aggregate from collections under Section 9 of |
16 | | the Use Tax Act, Section 9 of the Service Use Tax Act, Section |
17 | | 9 of the Service Occupation Tax Act, and Section 3 of the |
18 | | Retailers' Occupation Tax Act into the McCormick Place |
19 | | Expansion Project Fund in the specified fiscal years. |
|
20 | | Fiscal Year | | Total Deposit | |
21 | | 1993 | | $0 | |
22 | | 1994 | | 53,000,000 | |
23 | | 1995 | | 58,000,000 | |
24 | | 1996 | | 61,000,000 | |
25 | | 1997 | | 64,000,000 | |
26 | | 1998 | | 68,000,000 | |
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1 | | 1999 | | 71,000,000 | |
2 | | 2000 | | 75,000,000 | |
3 | | 2001 | | 80,000,000 | |
4 | | 2002 | | 93,000,000 | |
5 | | 2003 | | 99,000,000 | |
6 | | 2004 | | 103,000,000 | |
7 | | 2005 | | 108,000,000 | |
8 | | 2006 | | 113,000,000 | |
9 | | 2007 | | 119,000,000 | |
10 | | 2008 | | 126,000,000 | |
11 | | 2009 | | 132,000,000 | |
12 | | 2010 | | 139,000,000 | |
13 | | 2011 | | 146,000,000 | |
14 | | 2012 | | 153,000,000 | |
15 | | 2013 | | 161,000,000 | |
16 | | 2014 | | 170,000,000 | |
17 | | 2015 | | 179,000,000 | |
18 | | 2016 | | 189,000,000 | |
19 | | 2017 | | 199,000,000 | |
20 | | 2018 | | 210,000,000 | |
21 | | 2019 | | 221,000,000 | |
22 | | 2020 | | 233,000,000 | |
23 | | 2021 | | 300,000,000 | |
24 | | 2022 | | 300,000,000 | |
25 | | 2023 | | 300,000,000 | |
26 | | 2024 | | 300,000,000 | |
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1 | | 2025 | | 300,000,000 | |
2 | | 2026 | | 300,000,000 | |
3 | | 2027 | | 375,000,000 | |
4 | | 2028 | | 375,000,000 | |
5 | | 2029 | | 375,000,000 | |
6 | | 2030 | | 375,000,000 | |
7 | | 2031 | | 375,000,000 | |
8 | | 2032 | | 375,000,000 | |
9 | | 2033 | | 375,000,000 | |
10 | | 2034 | | 375,000,000 | |
11 | | 2035 | | 375,000,000 | |
12 | | 2036 | | 450,000,000 | |
13 | | and | | | |
14 | | each fiscal year | | | |
15 | | thereafter that bonds | | | |
16 | | are outstanding under | | | |
17 | | Section 13.2 of the | | | |
18 | | Metropolitan Pier and | | | |
19 | | Exposition Authority Act, | | | |
20 | | but not after fiscal year 2060. | | |
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21 | | Beginning July 20, 1993 and in each month of each fiscal |
22 | | year thereafter, one-eighth of the amount requested in the |
23 | | certificate of the Chairman of the Metropolitan Pier and |
24 | | Exposition Authority for that fiscal year, less the amount |
25 | | deposited into the McCormick Place Expansion Project Fund by |
26 | | the State Treasurer in the respective month under subsection |
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1 | | (g) of Section 13 of the Metropolitan Pier and Exposition |
2 | | Authority Act, plus cumulative deficiencies in the deposits |
3 | | required under this Section for previous months and years, |
4 | | shall be deposited into the McCormick Place Expansion Project |
5 | | Fund, until the full amount requested for the fiscal year, but |
6 | | not in excess of the amount specified above as "Total |
7 | | Deposit", has been deposited. |
8 | | Subject to payment of amounts into the Capital Projects |
9 | | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, |
10 | | and the McCormick Place Expansion Project Fund pursuant to the |
11 | | preceding paragraphs or in any amendments thereto hereafter |
12 | | enacted, for aviation fuel sold on or after December 1, 2019, |
13 | | the Department shall each month deposit into the Aviation Fuel |
14 | | Sales Tax Refund Fund an amount estimated by the Department to |
15 | | be required for refunds of the 80% portion of the tax on |
16 | | aviation fuel under this Act. The Department shall only |
17 | | deposit moneys into the Aviation Fuel Sales Tax Refund Fund |
18 | | under this paragraph for so long as the revenue use |
19 | | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are |
20 | | binding on the State. |
21 | | Subject to payment of amounts into the Build Illinois Fund |
22 | | and the McCormick Place Expansion Project Fund pursuant to the |
23 | | preceding paragraphs or in any amendments thereto hereafter |
24 | | enacted, beginning July 1, 1993 and ending on September 30, |
25 | | 2013, the Department shall each month pay into the Illinois |
26 | | Tax Increment Fund 0.27% of 80% of the net revenue realized for |
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1 | | the preceding month from the 6.25% general rate on the selling |
2 | | price of tangible personal property. |
3 | | Subject to payment of amounts into the Build Illinois |
4 | | Fund, the McCormick Place Expansion Project Fund, and the |
5 | | Illinois Tax Increment Fund pursuant to the preceding |
6 | | paragraphs or in any amendments to this Section hereafter |
7 | | enacted, beginning on the first day of the first calendar |
8 | | month to occur on or after August 26, 2014 (the effective date |
9 | | of Public Act 98-1098), each month, from the collections made |
10 | | under Section 9 of the Use Tax Act, Section 9 of the Service |
11 | | Use Tax Act, Section 9 of the Service Occupation Tax Act, and |
12 | | Section 3 of the Retailers' Occupation Tax Act, the Department |
13 | | shall pay into the Tax Compliance and Administration Fund, to |
14 | | be used, subject to appropriation, to fund additional auditors |
15 | | and compliance personnel at the Department of Revenue, an |
16 | | amount equal to 1/12 of 5% of 80% of the cash receipts |
17 | | collected during the preceding fiscal year by the Audit Bureau |
18 | | of the Department under the Use Tax Act, the Service Use Tax |
19 | | Act, the Service Occupation Tax Act, the Retailers' Occupation |
20 | | Tax Act, and associated local occupation and use taxes |
21 | | administered by the Department. |
22 | | Subject to payments of amounts into the Build Illinois |
23 | | Fund, the McCormick Place Expansion Project Fund, the Illinois |
24 | | Tax Increment Fund, the Energy Infrastructure Fund, and the |
25 | | Tax Compliance and Administration Fund as provided in this |
26 | | Section, beginning on July 1, 2018 the Department shall pay |
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1 | | each month into the Downstate Public Transportation Fund the |
2 | | moneys required to be so paid under Section 2-3 of the |
3 | | Downstate Public Transportation Act. |
4 | | Subject to successful execution and delivery of a |
5 | | public-private agreement between the public agency and private |
6 | | entity and completion of the civic build, beginning on July 1, |
7 | | 2023, of the remainder of the moneys received by the |
8 | | Department under the Use Tax Act, the Service Use Tax Act, the |
9 | | Service Occupation Tax Act, and this Act, the Department shall |
10 | | deposit the following specified deposits in the aggregate from |
11 | | collections under the Use Tax Act, the Service Use Tax Act, the |
12 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
13 | | Act, as required under Section 8.25g of the State Finance Act |
14 | | for distribution consistent with the Public-Private |
15 | | Partnership for Civic and Transit Infrastructure Project Act. |
16 | | The moneys received by the Department pursuant to this Act and |
17 | | required to be deposited into the Civic and Transit |
18 | | Infrastructure Fund are subject to the pledge, claim and |
19 | | charge set forth in Section 25-55 of the Public-Private |
20 | | Partnership for Civic and Transit Infrastructure Project Act. |
21 | | As used in this paragraph, "civic build", "private entity", |
22 | | "public-private agreement", and "public agency" have the |
23 | | meanings provided in Section 25-10 of the Public-Private |
24 | | Partnership for Civic and Transit Infrastructure Project Act. |
25 | | Fiscal Year .............................Total Deposit |
26 | | 2024 .....................................$200,000,000 |
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1 | | 2025 ....................................$206,000,000 |
2 | | 2026 ....................................$212,200,000 |
3 | | 2027 ....................................$218,500,000 |
4 | | 2028 ....................................$225,100,000 |
5 | | 2029 ....................................$288,700,000 |
6 | | 2030 ....................................$298,900,000 |
7 | | 2031 ....................................$309,300,000 |
8 | | 2032 ....................................$320,100,000 |
9 | | 2033 ....................................$331,200,000 |
10 | | 2034 ....................................$341,200,000 |
11 | | 2035 ....................................$351,400,000 |
12 | | 2036 ....................................$361,900,000 |
13 | | 2037 ....................................$372,800,000 |
14 | | 2038 ....................................$384,000,000 |
15 | | 2039 ....................................$395,500,000 |
16 | | 2040 ....................................$407,400,000 |
17 | | 2041 ....................................$419,600,000 |
18 | | 2042 ....................................$432,200,000 |
19 | | 2043 ....................................$445,100,000 |
20 | | Beginning July 1, 2021 and until July 1, 2022, subject to |
21 | | the payment of amounts into the County and Mass Transit |
22 | | District Fund, the Local Government Tax Fund, the Build |
23 | | Illinois Fund, the McCormick Place Expansion Project Fund, the |
24 | | Illinois Tax Increment Fund, and the Tax Compliance and |
25 | | Administration Fund as provided in this Section, the |
26 | | Department shall pay each month into the Road Fund the amount |
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1 | | estimated to represent 16% of the net revenue realized from |
2 | | the taxes imposed on motor fuel and gasohol. Beginning July 1, |
3 | | 2022 and until July 1, 2023, subject to the payment of amounts |
4 | | into the County and Mass Transit District Fund, the Local |
5 | | Government Tax Fund, the Build Illinois Fund, the McCormick |
6 | | Place Expansion Project Fund, the Illinois Tax Increment Fund, |
7 | | and the Tax Compliance and Administration Fund as provided in |
8 | | this Section, the Department shall pay each month into the |
9 | | Road Fund the amount estimated to represent 32% of the net |
10 | | revenue realized from the taxes imposed on motor fuel and |
11 | | gasohol. Beginning July 1, 2023 and until July 1, 2024, |
12 | | subject to the payment of amounts into the County and Mass |
13 | | Transit District Fund, the Local Government Tax Fund, the |
14 | | Build Illinois Fund, the McCormick Place Expansion Project |
15 | | Fund, the Illinois Tax Increment Fund, and the Tax Compliance |
16 | | and Administration Fund as provided in this Section, the |
17 | | Department shall pay each month into the Road Fund the amount |
18 | | estimated to represent 48% of the net revenue realized from |
19 | | the taxes imposed on motor fuel and gasohol. Beginning July 1, |
20 | | 2024 and until July 1, 2025, subject to the payment of amounts |
21 | | into the County and Mass Transit District Fund, the Local |
22 | | Government Tax Fund, the Build Illinois Fund, the McCormick |
23 | | Place Expansion Project Fund, the Illinois Tax Increment Fund, |
24 | | and the Tax Compliance and Administration Fund as provided in |
25 | | this Section, the Department shall pay each month into the |
26 | | Road Fund the amount estimated to represent 64% of the net |
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1 | | revenue realized from the taxes imposed on motor fuel and |
2 | | gasohol. Beginning on July 1, 2025, subject to the payment of |
3 | | amounts into the County and Mass Transit District Fund, the |
4 | | Local Government Tax Fund, the Build Illinois Fund, the |
5 | | McCormick Place Expansion Project Fund, the Illinois Tax |
6 | | Increment Fund, and the Tax Compliance and Administration Fund |
7 | | as provided in this Section, the Department shall pay each |
8 | | month into the Road Fund the amount estimated to represent 80% |
9 | | of the net revenue realized from the taxes imposed on motor |
10 | | fuel and gasohol. As used in this paragraph "motor fuel" has |
11 | | the meaning given to that term in Section 1.1 of the Motor Fuel |
12 | | Tax Law, and "gasohol" has the meaning given to that term in |
13 | | Section 3-40 of the Use Tax Act. |
14 | | Of the remainder of the moneys received by the Department |
15 | | pursuant to this Act, 75% thereof shall be paid into the State |
16 | | treasury and 25% shall be reserved in a special account and |
17 | | used only for the transfer to the Common School Fund as part of |
18 | | the monthly transfer from the General Revenue Fund in |
19 | | accordance with Section 8a of the State Finance Act. |
20 | | The Department may, upon separate written notice to a |
21 | | taxpayer, require the taxpayer to prepare and file with the |
22 | | Department on a form prescribed by the Department within not |
23 | | less than 60 days after receipt of the notice an annual |
24 | | information return for the tax year specified in the notice. |
25 | | Such annual return to the Department shall include a statement |
26 | | of gross receipts as shown by the retailer's last federal |
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1 | | Federal income tax return. If the total receipts of the |
2 | | business as reported in the federal Federal income tax return |
3 | | do not agree with the gross receipts reported to the |
4 | | Department of Revenue for the same period, the retailer shall |
5 | | attach to his annual return a schedule showing a |
6 | | reconciliation of the 2 amounts and the reasons for the |
7 | | difference. The retailer's annual return to the Department |
8 | | shall also disclose the cost of goods sold by the retailer |
9 | | during the year covered by such return, opening and closing |
10 | | inventories of such goods for such year, costs of goods used |
11 | | from stock or taken from stock and given away by the retailer |
12 | | during such year, payroll information of the retailer's |
13 | | business during such year and any additional reasonable |
14 | | information which the Department deems would be helpful in |
15 | | determining the accuracy of the monthly, quarterly , or annual |
16 | | returns filed by such retailer as provided for in this |
17 | | Section. |
18 | | If the annual information return required by this Section |
19 | | is not filed when and as required, the taxpayer shall be liable |
20 | | as follows: |
21 | | (i) Until January 1, 1994, the taxpayer shall be |
22 | | liable for a penalty equal to 1/6 of 1% of the tax due from |
23 | | such taxpayer under this Act during the period to be |
24 | | covered by the annual return for each month or fraction of |
25 | | a month until such return is filed as required, the |
26 | | penalty to be assessed and collected in the same manner as |
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1 | | any other penalty provided for in this Act. |
2 | | (ii) On and after January 1, 1994, the taxpayer shall |
3 | | be liable for a penalty as described in Section 3-4 of the |
4 | | Uniform Penalty and Interest Act. |
5 | | The chief executive officer, proprietor, owner , or highest |
6 | | ranking manager shall sign the annual return to certify the |
7 | | accuracy of the information contained therein. Any person who |
8 | | willfully signs the annual return containing false or |
9 | | inaccurate information shall be guilty of perjury and punished |
10 | | accordingly. The annual return form prescribed by the |
11 | | Department shall include a warning that the person signing the |
12 | | return may be liable for perjury. |
13 | | The provisions of this Section concerning the filing of an |
14 | | annual information return do not apply to a retailer who is not |
15 | | required to file an income tax return with the United States |
16 | | Government. |
17 | | As soon as possible after the first day of each month, upon |
18 | | certification of the Department of Revenue, the Comptroller |
19 | | shall order transferred and the Treasurer shall transfer from |
20 | | the General Revenue Fund to the Motor Fuel Tax Fund an amount |
21 | | equal to 1.7% of 80% of the net revenue realized under this Act |
22 | | for the second preceding month. Beginning April 1, 2000, this |
23 | | transfer is no longer required and shall not be made. |
24 | | Net revenue realized for a month shall be the revenue |
25 | | collected by the State pursuant to this Act, less the amount |
26 | | 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 in |
4 | | 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, or provides retail |
10 | | selling space for concessionaires or other types of sellers at |
11 | | 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 to |
15 | | file a report with the Department providing the name of the |
16 | | merchant's business, the name of the person or persons engaged |
17 | | in merchant's business, the permanent address and Illinois |
18 | | Retailers Occupation Tax Registration Number of the merchant, |
19 | | the dates and location of the event , and other reasonable |
20 | | information that the Department may require. The report must |
21 | | be filed not later than the 20th day of the month next |
22 | | following the month during which the event with retail sales |
23 | | was held. Any person who fails to file a report required by |
24 | | this Section commits a business offense and is subject to a |
25 | | fine not to exceed $250. |
26 | | Any person engaged in the business of selling tangible |
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1 | | personal property at retail as a concessionaire or other type |
2 | | of seller at the Illinois State Fair, county fairs, art shows, |
3 | | flea markets , and similar exhibitions or events, or any |
4 | | transient merchants, as defined by Section 2 of the Transient |
5 | | Merchant Act of 1987, may be required to make a daily report of |
6 | | the amount of such sales to the Department and to make a daily |
7 | | payment of the full amount of tax due. The Department shall |
8 | | impose this requirement when it finds that there is a |
9 | | significant risk of loss of revenue to the State at such an |
10 | | exhibition or event. Such a finding shall be based on evidence |
11 | | that a substantial number of concessionaires or other sellers |
12 | | who are not residents of Illinois will be engaging in the |
13 | | business of selling tangible personal property at retail at |
14 | | the exhibition or event, or other evidence of a significant |
15 | | risk of loss of revenue to the State. The Department shall |
16 | | notify concessionaires and other sellers affected by the |
17 | | imposition of this requirement. In the absence of notification |
18 | | by the Department, the concessionaires and other sellers shall |
19 | | file their returns as otherwise required in this Section. |
20 | | (Source: P.A. 102-634, eff. 8-27-21; 102-700, Article 60, |
21 | | Section 60-30, eff. 4-19-22; 102-700, Article 65, Section |
22 | | 65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff. |
23 | | 1-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363, |
24 | | eff. 7-28-23; revised 9-27-23.)
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