35 ILCS 150/ Use and Occupation Tax Refund Act.

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35 ILCS 150/0.01

(35 ILCS 150/0.01) (from Ch. 120, par. 1500)

Sec. 0.01.

Short title.

This Act may be cited as the

Use and Occupation Tax Refund Act.

(Source: P.A. 86-1324.)

35 ILCS 150/1

(35 ILCS 150/1) (from Ch. 120, par. 1501)

Sec. 1.

Every real estate developer-builder who has paid a use tax
or reimbursed a retailer for any Illinois, municipal, county, or Regional
Transportation Authority retailers' occupation tax, or who, under a contract
with a contractor or subcontractor, has directly or indirectly borne the
burden of a use tax or any reimbursement for any Illinois, municipal, county
or Regional Transportation Authority retailers' occupation tax paid by that
contractor or subcontractor to a retailer, on tangible personal property
purchased on or after July 1, 1977, and prior to July 1, 1980, that is to
be physically incorporated into public improvements (such as public roads
and streets, public sewers or other public utility service), the title
to which was required by ordinance of a unit of local government to be conveyed
to that unit of local government or was so conveyed by operation of law,
may, prior to July 1, 1982, file a claim for credit or refund directly with
the Department of Revenue to recover the amount of such use tax payment
or reimbursement for any Illinois, municipal, county or Regional Transportation
Authority retailers' occupation tax. Such claim shall be accompanied by
a notarized affidavit from the retailer and subcontractor, if applicable,
from whom such tangible personal
property was purchased stating that the retailer collected the use tax or
was reimbursed for Illinois, municipal, county, or Regional Transportation
Authority retailers' occupation tax, that an amount equal to all such taxes
was properly remitted to the Department and that the retailer has not filed
a claim for credit or refund based upon the transaction which is the subject
of the claim and will not thereafter file any claim based upon that same transaction.

This refund or credit shall be made only to the real estate developer-builder
or assignee that has been required to physically incorporate the public
improvements by a unit of local government. Proof of such requirement shall
be a certified
letter from the unit of local government stating that the improvements were
required by that unit of local government.

The Department shall prescribe the forms for the claim and certification
and shall establish the necessary procedures for processing such claims.

(Source: P.A. 82-248.)