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Public Act 103-0712 | ||||
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Reimagining Energy and Vehicles in Illinois | ||||
Act is amended by changing Section 30 as follows: | ||||
(20 ILCS 686/30)
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Sec. 30. Tax credit awards. | ||||
(a) Subject to the conditions set forth in this Act, a | ||||
taxpayer is entitled to a credit against the tax imposed | ||||
pursuant to subsections (a) and (b) of Section 201 of the | ||||
Illinois Income Tax Act for a taxable year beginning on or | ||||
after January 1, 2025 if the taxpayer is awarded a credit by | ||||
the Department in accordance with an agreement under this Act. | ||||
The Department has authority to award credits under this Act | ||||
on and after January 1, 2022. | ||||
(b) REV Illinois Credits. A taxpayer may receive a tax | ||||
credit against the tax imposed under subsections (a) and (b) | ||||
of Section 201 of the Illinois Income Tax Act, not to exceed | ||||
the sum of (i) 75% of the incremental income tax attributable | ||||
to new employees at the applicant's project and (ii) 10% of the | ||||
training costs of the new employees. If the project is located | ||||
in an underserved area or an energy transition area, then the | ||||
amount of the credit may not exceed the sum of (i) 100% of the |
incremental income tax attributable to new employees at the | ||
applicant's project; and (ii) 10% of the training costs of the | ||
new employees. The percentage of training costs includable in | ||
the calculation may be increased by an additional 15% for | ||
training costs associated with new employees that are recent | ||
(2 years or less) graduates, certificate holders, or | ||
credential recipients from an institution of higher education | ||
in Illinois, or, if the training is provided by an institution | ||
of higher education in Illinois, the Clean Jobs Workforce | ||
Network Program, or an apprenticeship and training program | ||
located in Illinois and approved by and registered with the | ||
United States Department of Labor's Bureau of Apprenticeship | ||
and Training. An applicant is also eligible for a training | ||
credit that shall not exceed 10% of the training costs of | ||
retained employees for the purpose of upskilling to meet the | ||
operational needs of the applicant or the REV Illinois | ||
Project. The percentage of training costs includable in the | ||
calculation shall not exceed a total of 25%. If an applicant | ||
agrees to hire the required number of new employees, then the | ||
maximum amount of the credit for that applicant may be | ||
increased by an amount not to exceed 75% of the incremental | ||
income tax attributable to retained employees at the | ||
applicant's project; provided that, in order to receive the | ||
increase for retained employees, the applicant must, if | ||
applicable, meet or exceed the statewide baseline. For | ||
agreements entered into on or after the effective date of this |
amendatory Act of the 103rd General Assembly and before June | ||
1, 2024 that qualify under paragraph (5) of subsection (c) of | ||
Section 20, a taxpayer may receive a tax credit not to exceed | ||
75% of the incremental income tax attributable to retained | ||
employees at the applicant's project. If the project is in an | ||
underserved area or an energy transition area and qualifies | ||
under paragraph (5) of subsection (c) of Section 20, then the | ||
maximum amount of the credit attributable to retained | ||
employees for the applicant may be increased to an amount not | ||
to exceed 100% of the incremental income tax attributable to | ||
retained employees at the applicant's project. | ||
If the Project is in an underserved area or an energy | ||
transition area, the maximum amount of the credit attributable | ||
to retained employees for the applicant may be increased to an | ||
amount not to exceed 100% of the incremental income tax | ||
attributable to retained employees at the applicant's project; | ||
provided that, in order to receive the increase for retained | ||
employees, the applicant must meet or exceed the statewide | ||
baseline. REV Illinois Credits awarded may include credit | ||
earned for incremental income tax withheld and training costs | ||
incurred by the taxpayer beginning on or after January 1, | ||
2022. Credits so earned and certified by the Department may be | ||
applied against the tax imposed by subsections (a) and (b) of | ||
Section 201 of the Illinois Income Tax Act for taxable years | ||
beginning on or after January 1, 2025. | ||
(c) REV Construction Jobs Credit. For construction wages |
associated with a project that qualified for a REV Illinois | ||
Credit under subsection (b), the taxpayer may receive a tax | ||
credit against the tax imposed under subsections (a) and (b) | ||
of Section 201 of the Illinois Income Tax Act in an amount | ||
equal to 50% of the incremental income tax attributable to | ||
construction wages paid in connection with construction of the | ||
project facilities, as a jobs credit for workers hired to | ||
construct the project. | ||
The REV Construction Jobs Credit may not exceed 75% of the | ||
amount of the incremental income tax attributable to | ||
construction wages paid in connection with construction of the | ||
project facilities if the project is in an underserved area or | ||
an energy transition area. | ||
(d) The Department shall certify to the Department of | ||
Revenue: (1) the identity of Taxpayers that are eligible for | ||
the REV Illinois Credit and REV Construction Jobs Credit; (2) | ||
the amount of the REV Illinois Credits and REV Construction | ||
Jobs Credits awarded in each calendar year; and (3) the amount | ||
of the REV Illinois Credit and REV Construction Jobs Credit | ||
claimed in each calendar year. REV Illinois Credits awarded | ||
may include credit earned for Incremental Income Tax withheld | ||
and Training Costs incurred by the Taxpayer beginning on or | ||
after January 1, 2022. Credits so earned and certified by the | ||
Department may be applied against the tax imposed by Section | ||
201(a) and (b) of the Illinois Income Tax Act for taxable years | ||
beginning on or after January 1, 2025. |
(e) Applicants seeking certification for tax credits | ||
related to the construction of the project facilities in the | ||
State shall require the contractor to enter into a project | ||
labor agreement that conforms with the Project Labor | ||
Agreements Act. | ||
(f) Any applicant issued a certificate for a tax credit or | ||
tax exemption under this Act must annually report to the | ||
Department the total project tax benefits received. Reports | ||
are due no later than May 31 of each year and shall cover the | ||
previous calendar year. The first report is for the 2022 | ||
calendar year and is due no later than May 31, 2023. Failure to | ||
report data may result in ineligibility to receive incentives. | ||
The Department, in consultation with the Department of | ||
Revenue, is authorized to adopt rules governing ineligibility | ||
to receive exemptions, including the length of ineligibility. | ||
Factors to be considered in determining whether a business is | ||
ineligible shall include, but are not limited to, prior | ||
compliance with the reporting requirements, cooperation in | ||
discontinuing and correcting violations, the extent of the | ||
violation, and whether the violation was willful or | ||
inadvertent. | ||
For applicants issued a certificate of exemption under | ||
Section 105 of this Act, the report shall be the same as | ||
required for a High Impact Business under subsection (a-5) of | ||
Section 8.1 of the Illinois Enterprise Zone Act. Failure to | ||
report data may result in revocation of the building materials |
exemption certificate issued to a taxpayer. The Department of | ||
Revenue is authorized to adopt rules governing revocation | ||
determinations, including the length of revocation. Factors to | ||
be considered in revocations shall include, but are not | ||
limited to, prior compliance with the reporting requirements, | ||
cooperation in discontinuing and correcting violations, and | ||
whether the certificate was used unlawfully during the | ||
preceding year. | ||
Each person required to file a return under the Gas | ||
Revenue Tax Act, the Electricity Excise Tax Law, or the | ||
Telecommunications Excise Tax Act shall file a report | ||
containing information about customers that are issued an | ||
exemption certificate under Section 95 of this Act in the same | ||
manner and form as they are required to report under | ||
subsection (b) of Section 8.1 of the Illinois Enterprise Zone | ||
Act. | ||
(g) Nothing in this Act shall prohibit an award of credit | ||
to an applicant that uses a PEO if all other award criteria are | ||
satisfied. | ||
(h) With respect to any portion of a REV Illinois Credit | ||
that is based on the incremental income tax attributable to | ||
new employees or retained employees, in lieu of the Credit | ||
allowed under this Act against the taxes imposed pursuant to | ||
subsections (a) and (b) of Section 201 of the Illinois Income | ||
Tax Act, a taxpayer that otherwise meets the criteria set | ||
forth in this Section, the taxpayer may elect to claim the |
credit, on or after January 1, 2025, against its obligation to | ||
pay over withholding under Section 704A of the Illinois Income | ||
Tax Act. The election shall be made in the manner prescribed by | ||
the Department of Revenue and once made shall be irrevocable.
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(i) The Department of Revenue, in its discretion, may | ||
require that the reports filed under this Section be submitted | ||
electronically. | ||
(j) The Department of Revenue shall have the authority to | ||
adopt rules as are reasonable and necessary to implement the | ||
provisions of this Section. | ||
(Source: P.A. 102-669, eff. 11-16-21; 102-1112, eff. 12-21-22; | ||
102-1125, eff. 2-3-23; 103-9, eff. 6-7-23.) | ||
Section 10. The Manufacturing Illinois Chips for Real | ||
Opportunity (MICRO) Act is amended by changing Section 110-30 | ||
as follows: | ||
(35 ILCS 45/110-30)
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Sec. 110-30. Tax credit awards. | ||
(a) Subject to the conditions set forth in this Act, a | ||
taxpayer is entitled to a credit against the tax imposed | ||
pursuant to subsections (a) and (b) of Section 201 of the | ||
Illinois Income Tax Act for a taxable year beginning on or | ||
after January 1, 2025 if the taxpayer is awarded a credit by | ||
the Department in accordance with an agreement under this Act. | ||
The Department has authority to award credits under this Act |
on and after January 1, 2023. | ||
(b) A taxpayer may receive a tax credit against the tax | ||
imposed under subsections (a) and (b) of Section 201 of the | ||
Illinois Income Tax Act, not to exceed the sum of (i) 75% of | ||
the incremental income tax attributable to new employees at | ||
the applicant's project and (ii) 10% of the training costs of | ||
the new employees. If the project is located in an underserved | ||
area or an energy transition area, then the amount of the | ||
credit may not exceed the sum of (i) 100% of the incremental | ||
income tax attributable to new employees at the applicant's | ||
project; and (ii) 10% of the training costs of the new | ||
employees. The percentage of training costs includable in the | ||
calculation may be increased by an additional 15% for training | ||
costs associated with new employees that are recent (2 years | ||
or less) graduates, certificate holders, or credential | ||
recipients from an institution of higher education in | ||
Illinois, or, if the training is provided by an institution of | ||
higher education in Illinois, the Clean Jobs Workforce Network | ||
Program, or an apprenticeship and training program located in | ||
Illinois and approved by and registered with the United States | ||
Department of Labor's Bureau of Apprenticeship and Training. | ||
An applicant is also eligible for a training credit that shall | ||
not exceed 10% of the training costs of retained employees for | ||
the purpose of upskilling to meet the operational needs of the | ||
applicant or the project. The percentage of training costs | ||
includable in the calculation shall not exceed a total of 25%. |
If an applicant agrees to hire the required number of new | ||
employees, then the maximum amount of the credit for that | ||
applicant may be increased by an amount not to exceed 75% of | ||
the incremental income tax attributable to retained employees | ||
at the applicant's project; provided that, in order to receive | ||
the increase for retained employees, the applicant must, if | ||
applicable, meet or exceed the statewide baseline. If the | ||
Project is in an underserved area or an energy transition | ||
area, the maximum amount of the credit attributable to | ||
retained employees for the applicant may be increased to an | ||
amount not to exceed 100% of the incremental income tax | ||
attributable to retained employees at the applicant's project; | ||
provided that, in order to receive the increase for retained | ||
employees, the applicant must meet or exceed the statewide | ||
baseline. Credits awarded may include credit earned for | ||
incremental income tax withheld and training costs incurred by | ||
the taxpayer beginning on or after January 1, 2023. Credits so | ||
earned and certified by the Department may be applied against | ||
the tax imposed by subsections (a) and (b) of Section 201 of | ||
the Illinois Income Tax Act for taxable years beginning on or | ||
after January 1, 2025. | ||
(c) MICRO Construction Jobs Credit. For construction wages | ||
associated with a project that qualified for a credit under | ||
subsection (b), the taxpayer may receive a tax credit against | ||
the tax imposed under subsections (a) and (b) of Section 201 of | ||
the Illinois Income Tax Act in an amount equal to 50% of the |
incremental income tax attributable to construction wages paid | ||
in connection with construction of the project facilities, as | ||
a jobs credit for workers hired to construct the project. | ||
The MICRO Construction Jobs Credit may not exceed 75% of | ||
the amount of the incremental income tax attributable to | ||
construction wages paid in connection with construction of the | ||
project facilities if the project is in an underserved area or | ||
an energy transition area. | ||
(d) The Department shall certify to the Department of | ||
Revenue: (1) the identity of taxpayers that are eligible for | ||
the MICRO Credit and MICRO Construction Jobs Credit; (2) the | ||
amount of the MICRO Credits and MICRO Construction Jobs | ||
Credits awarded in each calendar year; and (3) the amount of | ||
the MICRO Credit and MICRO Construction Jobs Credit claimed in | ||
each calendar year. MICRO Credits awarded may include credit | ||
earned for incremental income tax withheld and training costs | ||
incurred by the taxpayer beginning on or after January 1, | ||
2023. Credits so earned and certified by the Department may be | ||
applied against the tax imposed by Section 201(a) and (b) of | ||
the Illinois Income Tax Act for taxable years beginning on or | ||
after January 1, 2025. | ||
(e) Applicants seeking certification for a tax credits | ||
related to the construction of the project facilities in the | ||
State shall require the contractor to enter into a project | ||
labor agreement that conforms with the Project Labor | ||
Agreements Act. |
(f) Any applicant issued a certificate for a tax credit or | ||
tax exemption under this Act must annually report to the | ||
Department the total project tax benefits received. Reports | ||
are due no later than May 31 of each year and shall cover the | ||
previous calendar year. The first report is for the 2023 | ||
calendar year and is due no later than May 31, 2023. Failure to | ||
report data may result in ineligibility to receive incentives. | ||
The Department, in consultation with the Department of | ||
Revenue, is authorized to adopt rules governing ineligibility | ||
to receive exemptions, including the length of ineligibility. | ||
Factors to be considered in determining whether a business is | ||
ineligible shall include, but are not limited to, prior | ||
compliance with the reporting requirements, cooperation in | ||
discontinuing and correcting violations, the extent of the | ||
violation, and whether the violation was willful or | ||
inadvertent. | ||
For applicants issued a certificate of exemption under | ||
Section 110-105 of this Act, the report shall be the same as | ||
required for a High Impact Business under subsection (a-5) of | ||
Section 8.1 of the Illinois Enterprise Zone Act. Failure to | ||
report data may result in revocation of the building materials | ||
exemption certificate issued to a taxpayer. The Department of | ||
Revenue is authorized to adopt rules governing revocation | ||
determinations, including the length of revocation. Factors to | ||
be considered in revocations shall include, but are not | ||
limited to, prior compliance with the reporting requirements, |
cooperation in discontinuing and correcting violations, and | ||
whether the certificate was used unlawfully during the | ||
preceding year. | ||
Each person required to file a return under the Gas | ||
Revenue Tax Act, the Electricity Excise Tax Act, or the | ||
Telecommunications Excise Tax Act shall file a report on | ||
customers issued an exemption certificate under Section 110-95 | ||
of this Act in the same manner and form as they are required to | ||
report under subsection (b) of Section 8.1 of the Illinois | ||
Enterprise Zone Act. | ||
(g) Nothing in this Act shall prohibit an award of credit | ||
to an applicant that uses a PEO if all other award criteria are | ||
satisfied. | ||
(h) With respect to any portion of a credit that is based | ||
on the incremental income tax attributable to new employees or | ||
retained employees, in lieu of the credit allowed under this | ||
Act against the taxes imposed pursuant to subsections (a) and | ||
(b) of Section 201 of the Illinois Income Tax Act, a taxpayer | ||
that otherwise meets the criteria set forth in this Section, | ||
the taxpayer may elect to claim the credit, on or after January | ||
1, 2025, against its obligation to pay over withholding under | ||
Section 704A of the Illinois Income Tax Act. The election | ||
shall be made in the manner prescribed by the Department of | ||
Revenue and once made shall be irrevocable.
| ||
(i) The Department of Revenue, in its discretion, may | ||
require that the reports filed under this Section be submitted |
electronically. | ||
(j) The Department of Revenue shall have the authority to | ||
adopt rules as are reasonable and necessary to implement the | ||
provisions of this Section. | ||
(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; | ||
revised 4-5-23.) | ||
Section 15. The Retailers' Occupation Tax Act is amended | ||
by changing Sections 5m and 5n as follows: | ||
(35 ILCS 120/5m) | ||
Sec. 5m. Building materials exemption; REV Illinois | ||
projects. Each retailer who makes a sale of building materials | ||
that will be incorporated into a REV Illinois Project for | ||
which a certificate of exemption has been issued by the | ||
Department of Commerce and Economic Opportunity under Section | ||
105 of the Reimagining Energy and Vehicles in Illinois Act may | ||
deduct receipts from those sales when calculating any State or | ||
local use and occupation taxes. No retailer who is eligible | ||
for the deduction or credit under Section 5k of this Act | ||
related to enterprise zones or Section 5l of this Act related | ||
to High Impact Businesses for a given sale shall be eligible | ||
for the deduction or credit authorized under this Section for | ||
that same sale. | ||
To In addition to any other requirements to document the | ||
exemption allowed under this Section, the retailer must obtain |
from the purchaser the purchaser's REV Illinois Building | ||
Materials Exemption certificate number issued by the | ||
Department and a certification that contains: . | ||
(1) a statement that the building materials are being | ||
purchased for incorporation into a REV Illinois Project; | ||
(2) the location or address of the real estate into | ||
which the building materials will be incorporated; | ||
(3) the name and address of the construction | ||
contractor or other entity; | ||
(4) a description of the building materials being | ||
purchased; | ||
(5) the purchaser's REV Illinois Building Materials | ||
Exemption Certificate number issued by the Department of | ||
Revenue; and | ||
(6) the purchaser's signature and date of purchase. | ||
A construction contractor or other entity shall not make | ||
tax-free purchases under this Section unless it has an active | ||
REV Illinois Building Materials Exemption Certificate issued | ||
by the Department at the time of purchase. | ||
Upon request from the certified manufacturer, the | ||
Department shall issue a REV Illinois Building Materials | ||
Exemption Certificate for each construction contractor or | ||
other entity identified by the certified manufacturer. The | ||
Department shall make the REV Illinois Building Materials | ||
Exemption Certificates available to each construction | ||
contractor or other entity identified by the certified |
manufacturer and to the certified manufacturer. The request | ||
for REV Illinois Building Materials Exemption Certificates | ||
under this Section must include the following information: | ||
(1) the name and address of the construction | ||
contractor or other entity; | ||
(2) the name and location or address of the building | ||
project site; | ||
(3) the estimated amount of the exemption for each | ||
construction contractor or other entity for which a | ||
request for a REV Illinois Building Materials Exemption | ||
Certificate is made, based on a stated estimated average | ||
tax rate and the percentage of the contract that consists | ||
of materials; | ||
(4) the period of time over which supplies for the | ||
project are expected to be purchased; and | ||
(5) other reasonable information as the Department may | ||
require, including but not limited to FEIN numbers, to | ||
determine if the contractor or other entity, or any | ||
partner, or a corporate officer, and in the case of a | ||
limited liability company, any manager or member, of the | ||
construction contractor or other entity, is or has been | ||
the owner, a partner, a corporate officer, and in the case | ||
of a limited liability company, a manager or member, of a | ||
person that is in default for moneys due to the Department | ||
under this Act or any other tax or fee Act administered by | ||
the Department. |
The Department shall issue the REV Illinois Building | ||
Materials Exemption Certificates within 3 business days after | ||
receipt of the request from the certified manufacturer. This | ||
requirement does not apply in circumstances where the | ||
Department, for reasonable cause, is unable to issue the | ||
Exemption Certificate within 3 business days. The Department | ||
may refuse to issue a REV Illinois Building Materials | ||
Exemption Certificate if the owner, any partner, or a | ||
corporate officer, and in the case of a limited liability | ||
company, any manager or member, of the construction contractor | ||
or other entity is or has been the owner, a partner, a | ||
corporate officer, and in the case of a limited liability | ||
company, a manager or member, of a person that is in default | ||
for moneys due to the Department under this Act or any other | ||
tax or fee Act administered by the Department. | ||
The REV Illinois Building Materials Exemption Certificate | ||
shall contain language stating that if the construction | ||
contractor or other entity who is issued the Exemption | ||
Certificate makes a tax-exempt purchase, as described in this | ||
Section, that is not eligible for exemption under this Section | ||
or allows another person to make a tax-exempt purchase, as | ||
described in this Section, that is not eligible for exemption | ||
under this Section, then, in addition to any tax or other | ||
penalty imposed, the construction contractor or other entity | ||
is subject to a penalty equal to the tax that would have been | ||
paid by the retailer under this Act as well as any applicable |
local retailers' occupation tax on the purchase that is not | ||
eligible for the exemption. | ||
The Department, in its discretion, may require that the | ||
request for REV Illinois Building Materials Exemption | ||
Certificates be submitted electronically. The Department may, | ||
in its discretion, issue the Exemption Certificates | ||
electronically. The REV Illinois Building Materials Exemption | ||
Certificate number shall be designed in such a way that the | ||
Department can identify from the unique number on the | ||
Exemption Certificate issued to a given construction | ||
contractor or other entity, the name of the REV Illinois | ||
project site and the construction contractor or other entity | ||
to whom the Exemption Certificate is issued. The REV Illinois | ||
Building Materials Exemption Certificate shall contain an | ||
expiration date, which shall be no more than 5 years after the | ||
date of issuance. At the request of the certified | ||
manufacturer, the Department may renew a REV Illinois Building | ||
Materials Exemption Certificate. After the Department issues | ||
Exemption Certificates for a given REV Illinois project site, | ||
the certified manufacturer may notify the Department of | ||
additional construction contractors or other entities that are | ||
eligible for a REV Illinois Building Materials Exemption | ||
Certificate. Upon receiving such a notification and subject to | ||
the other provisions of this Section, the Department shall | ||
issue a REV Illinois Building Materials Exemption Certificate | ||
to each additional construction contractor or other entity so |
identified. A certified manufacturer may ask the Department to | ||
rescind a REV Illinois Building Materials Exemption | ||
Certificate previously issued by the Department to a | ||
construction contractor or other entity working at that | ||
certified manufacturer's REV Illinois project site if that REV | ||
Illinois Building Materials Exemption Certificate has not yet | ||
expired. Upon receiving such a request and subject to the | ||
other provisions of this Section, the Department shall issue | ||
the rescission of the REV Illinois Building Materials | ||
Exemption Certificate to the construction contractor or other | ||
entity identified by the certified manufacturer and provide a | ||
copy of the rescission to the construction contractor or other | ||
entity and to the certified manufacturer. | ||
If the Department of Revenue determines that a | ||
construction contractor or other entity that was issued an | ||
Exemption Certificate under this Section made a tax-exempt | ||
purchase, as described in this Section, that was not eligible | ||
for exemption under this Section or allowed another person to | ||
make a tax-exempt purchase, as described in this Section, that | ||
was not eligible for exemption under this Section, then, in | ||
addition to any tax or other penalty imposed, the construction | ||
contractor or other entity is subject to a penalty equal to the | ||
tax that would have been paid by the retailer under this Act as | ||
well as any applicable local retailers' occupation tax on the | ||
purchase that was not eligible for the exemption. | ||
This Section is exempt from the provisions of Section |
2-70.
| ||
As used in this Section, "certified manufacturer" means a | ||
person certified by the Department of Commerce and Economic | ||
Opportunity under Section 105 of the Reimagining Energy and | ||
Vehicles in Illinois Act. | ||
(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23.) | ||
(35 ILCS 120/5n) | ||
Sec. 5n. Building materials exemption; microchip and | ||
semiconductor manufacturing. Each retailer who makes a sale of | ||
building materials that will be incorporated into real estate | ||
in a qualified facility for which a certificate of exemption | ||
has been issued by the Department of Commerce and Economic | ||
Opportunity under Section 110-105 of the Manufacturing | ||
Illinois Chips for Real Opportunity (MICRO) Act, may deduct | ||
receipts from such sales when calculating any State or local | ||
use and occupation taxes. No retailer who is eligible for the | ||
deduction or credit under Section 5k of this Act related to | ||
enterprise zones or Section 5l of this Act related to High | ||
Impact Businesses for a given sale shall be eligible for the | ||
deduction or credit authorized under this Section for that | ||
same sale. | ||
To In addition to any other requirements to document the | ||
exemption allowed under this Section, the retailer must obtain | ||
from the purchaser the purchaser's exemption certificate | ||
number issued by the Department and a certification that |
contains: . | ||
(1) a statement that the building materials are being | ||
purchased for incorporation into real estate in a | ||
qualified facility; | ||
(2) the location or address of the real estate into | ||
which the building materials will be incorporated; | ||
(3) the name and address of the construction | ||
contractor or other entity; | ||
(4) a description of the building materials being | ||
purchased; | ||
(5) the purchaser's MICRO Illinois Building Materials | ||
Exemption Certificate number issued by the Department of | ||
Revenue; and | ||
(6) the purchaser's signature and date of purchase. | ||
A construction contractor or other entity shall not make | ||
tax-free purchases unless it has an active exemption | ||
certificate issued by the Department at the time of purchase. | ||
Upon request from a person that has been certified by the | ||
Department of Commerce and Economic Opportunity under the | ||
Manufacturing Illinois Chips for Real Opportunity (MICRO) Act, | ||
the Department shall issue a MICRO Illinois Building Materials | ||
Exemption Certificate for each construction contractor or | ||
other entity identified by the person so certified. The | ||
Department shall make the MICRO Illinois Building Materials | ||
Exemption Certificates available to each construction | ||
contractor or other entity as well as the person certified |
under the Manufacturing Illinois Chips for Real Opportunity | ||
(MICRO) Act. The request for MICRO Illinois Building Materials | ||
Exemption Certificates must include the following information: | ||
(1) the name and address of the construction | ||
contractor or other entity; | ||
(2) the name and location or address of the building | ||
project site; | ||
(3) the estimated amount of the exemption for each | ||
construction contractor or other entity for which a | ||
request for an exemption certificate is made, based on a | ||
stated estimated average tax rate and the percentage of | ||
the contract that consists of materials; | ||
(4) the period of time over which supplies for the | ||
project are expected to be purchased; and | ||
(5) other reasonable information as the Department may | ||
require, including but not limited to FEIN numbers, to | ||
determine if the contractor or other entity, or any | ||
partner, or a corporate officer, and in the case of a | ||
limited liability company, any manager or member, of the | ||
construction contractor or other entity, is or has been | ||
the owner, a partner, a corporate officer, and in the case | ||
of a limited liability company, a manager or member, of a | ||
person that is in default for moneys due to the Department | ||
under this Act or any other tax or fee Act administered by | ||
the Department. | ||
The Department shall issue the exemption certificate |
within 3 business days after receipt of request. This | ||
requirement does not apply in circumstances where the | ||
Department, for reasonable cause, is unable to issue the | ||
exemption certificate within 3 business days. The Department | ||
may refuse to issue an exemption certificate under this | ||
Section if the owner, any partner, or a corporate officer, and | ||
in the case of a limited liability company, any manager or | ||
member, of the construction contractor or other entity is or | ||
has been the owner, a partner, a corporate officer, and in the | ||
case of a limited liability company, a manager or member, of a | ||
person that is in default for moneys due to the Department | ||
under this Act or any other tax or fee Act administered by the | ||
Department. | ||
The MICRO Illinois Building Materials Exemption | ||
Certificate shall contain language stating that, if the | ||
construction contractor or other entity who is issued the | ||
exemption certificate makes a tax-exempt purchase, as | ||
described in this Section, that is not eligible for exemption | ||
under this Section or allows another person to make a | ||
tax-exempt purchase, as described in this Section, that is not | ||
eligible for exemption under this Section, then, in addition | ||
to any tax or other penalty imposed, the construction | ||
contractor or other entity is subject to a penalty equal to the | ||
tax that would have been paid by the retailer under this Act as | ||
well as any applicable local retailers' occupation tax on the | ||
purchase that is not eligible for the exemption. |
The Department, in its discretion, may require that the | ||
request for a MICRO Illinois Exemption Certificate be | ||
submitted electronically. The Department may, in its | ||
discretion, issue the exemption certificates electronically. | ||
The MICRO Illinois Building Materials Exemption Certificate | ||
number shall be designed in such a way that the Department can | ||
identify from the unique number on the exemption certificate | ||
issued to a given construction contractor or other entity, the | ||
name of the entity to whom the exemption certificate is | ||
issued. The MICRO Illinois Building Materials Exemption | ||
Certificate shall contain an expiration date, which shall be | ||
no more than 5 years after the date of issuance. At the request | ||
of the entity to whom the exemption certificate is issued, the | ||
Department may renew an exemption certificate issued under | ||
this Section. After the Department issues exemption | ||
certificates under this Section, the certified entity may | ||
notify the Department of additional construction contractors | ||
or other entities eligible for an exemption certificate under | ||
this Section. Upon such a notification and subject to the | ||
other provisions of this Section, the Department shall issue | ||
an exemption certificate to each additional qualified | ||
construction contractor or other entity so identified. A | ||
certified entity may notify the Department to rescind an | ||
exemption certificate previously issued by the Department that | ||
has not yet expired. Upon such a notification and subject to | ||
the other provisions of this Section, the Department shall |
rescind the exemption certificate. | ||
If the Department of Revenue determines that a | ||
construction contractor or other entity that was issued an | ||
exemption certificate under this Section made a tax-exempt | ||
purchase, as described in this Section, that was not eligible | ||
for exemption under this Section or allowed another person to | ||
make a tax-exempt purchase, as described in this Section, that | ||
was not eligible for exemption under this Section, then, in | ||
addition to any tax or other penalty imposed, the construction | ||
contractor or other entity is subject to a penalty equal to the | ||
tax that would have been paid by the retailer under this Act as | ||
well as any applicable local retailers' occupation tax on the | ||
purchase that was not eligible for the exemption. | ||
This Section is exempt from the provisions of Section | ||
2-70.
| ||
(Source: P.A. 102-700, eff. 4-19-22.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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