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90_HB0709eng
35 ILCS 615/3 from Ch. 120, par. 467.18
35 ILCS 620/3 from Ch. 120, par. 470
35 ILCS 625/4 from Ch. 120, par. 1414
35 ILCS 630/6 from Ch. 120, par. 2006
Amends the Gas Revenue Tax Act, the Public Utilities
Revenue Act, the Water Company Invested Capital Tax Act, and
the Telecommunications Excise Tax Act. Provides that a
taxpayer may make the payments required under those Acts by
electronic funds transfer. Provides that the Department of
Revenue shall adopt rules necessary to effectuate a program
of electronic funds transfer. Effective immediately.
LRB9002645KDks
HB0709 Engrossed LRB9002645KDks
1 AN ACT in relation to taxes, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Gas Revenue Tax Act is amended by
5 changing Section 3 as follows:
6 (35 ILCS 615/3) (from Ch. 120, par. 467.18)
7 Sec. 3. Except as provided in this Section, on or before
8 the 15th day of each month, each taxpayer shall make a return
9 to the Department for the preceding calendar month, stating:
10 1. His name;
11 2. The address of his principal place of business,
12 and the address of the principal place of business (if
13 that is a different address) from which he engages in the
14 business of distributing, supplying, furnishing or
15 selling gas in this State;
16 3. The total number of therms for which payment was
17 received by him from customers during the preceding
18 calendar month and upon the basis of which the tax is
19 imposed;
20 4. Gross receipts which were received by him from
21 customers during the preceding calendar month from such
22 business, including budget plan and other customer-owned
23 amounts applied during such month in payment of charges
24 includible in gross receipts, and upon the basis of
25 which the tax is imposed;
26 5. Amount of tax (computed upon Items 3 and 4);
27 6. Such other reasonable information as the
28 Department may require.
29 In making such return the taxpayer may use any reasonable
30 method to derive reportable "therms" and "gross receipts"
31 from his billing and payment records.
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1 Any taxpayer required to make payments under this Section
2 may make the payments by electronic funds transfer. The
3 Department shall adopt rules necessary to effectuate a
4 program of electronic funds transfer.
5 If the taxpayer's average monthly tax liability to the
6 Department does not exceed $100.00, the Department may
7 authorize his returns to be filed on a quarter annual basis,
8 with the return for January, February and March of a given
9 year being due by April 30 of such year; with the return for
10 April, May and June of a given year being due by July 31 of
11 such year; with the return for July, August and September of
12 a given year being due by October 31 of such year, and with
13 the return for October, November and December of a given year
14 being due by January 31 of the following year.
15 If the taxpayer's average monthly tax liability to the
16 Department does not exceed $20.00, the Department may
17 authorize his returns to be filed on an annual basis, with
18 the return for a given year being due by January 31 of the
19 following year.
20 Such quarter annual and annual returns, as to form and
21 substance, shall be subject to the same requirements as
22 monthly returns.
23 Notwithstanding any other provision in this Act
24 concerning the time within which a taxpayer may file his
25 return, in the case of any taxpayer who ceases to engage in a
26 kind of business which makes him responsible for filing
27 returns under this Act, such taxpayer shall file a final
28 return under this Act with the Department not more than one
29 month after discontinuing such business.
30 In making such return the taxpayer shall determine the
31 value of any reportable consideration other than money
32 received by him and shall include such value in his return.
33 Such determination shall be subject to review and revision by
34 the Department in the same manner as is provided in this Act
HB0709 Engrossed -3- LRB9002645KDks
1 for the correction of returns.
2 Each taxpayer whose average monthly liability to the
3 Department under this Act was $10,000 or more during the
4 preceding calendar year, excluding the month of highest
5 liability and the month of lowest liability in such calendar
6 year, and who is not operated by a unit of local government,
7 shall make estimated payments to the Department on or before
8 the 7th, 15th, 22nd and last day of the month during which
9 tax liability to the Department is incurred in an amount not
10 less than the lower of either 22.5% of the taxpayer's actual
11 tax liability for the month or 25% of the taxpayer's actual
12 tax liability for the same calendar month of the preceding
13 year. The amount of such quarter monthly payments shall be
14 credited against the final tax liability of the taxpayer's
15 return for that month. Any outstanding credit, approved by
16 the Department, arising from the taxpayer's overpayment of
17 its final tax liability for any month may be applied to
18 reduce the amount of any subsequent quarter monthly payment
19 or credited against the final tax liability of the taxpayer's
20 return for any subsequent month. If any quarter monthly
21 payment is not paid at the time or in the amount required by
22 this Section, the taxpayer shall be liable for penalty and
23 interest on the difference between the minimum amount due as
24 a payment and the amount of such payment actually and timely
25 paid, except insofar as the taxpayer has previously made
26 payments for that month to the Department in excess of the
27 minimum payments previously due.
28 If the Director finds that the information required for
29 the making of an accurate return cannot reasonably be
30 compiled by a taxpayer within 15 days after the close of the
31 calendar month for which a return is to be made, he may grant
32 an extension of time for the filing of such return for a
33 period of not to exceed 31 calendar days. The granting of
34 such an extension may be conditioned upon the deposit by the
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1 taxpayer with the Department of an amount of money not
2 exceeding the amount estimated by the Director to be due with
3 the return so extended. All such deposits, including any
4 made before the effective date of this amendatory Act of 1975
5 with the Department, shall be credited against the taxpayer's
6 liabilities under this Act. If any such deposit exceeds the
7 taxpayer's present and probable future liabilities under this
8 Act, the Department shall issue to the taxpayer a credit
9 memorandum, which may be assigned by the taxpayer to a
10 similar taxpayer under this Act, in accordance with
11 reasonable rules and regulations to be prescribed by the
12 Department.
13 The taxpayer making the return provided for in this
14 Section shall, at the time of making such return, pay to the
15 Department the amount of tax imposed by this Act. All moneys
16 received by the Department under this Act shall be paid into
17 the General Revenue Fund in the State Treasury, except as
18 otherwise provided.
19 (Source: P.A. 86-953; 87-14; 87-1258.)
20 Section 10. The Public Utilities Revenue Act is amended
21 by changing Section 3 as follows:
22 (35 ILCS 620/3) (from Ch. 120, par. 470)
23 Sec. 3. Except as provided in this Section, on or before
24 the 15th day of each month, each taxpayer shall make a return
25 to the Department for the preceding calendar month, stating:
26 1. His name;
27 2. The address of his principal place of business,
28 and the address of the principal place of business (if
29 that is a different address) from which he engages in the
30 business of distributing, supplying, furnishing or
31 selling electricity in this State;
32 3. The total number of kilowatt-hours for which
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1 payment was received by him from customers during the
2 preceding calendar month and upon the basis of which the
3 tax is imposed;
4 4. Gross receipts which were received by him from
5 customers during the preceding calendar month from such
6 business, including budget plan and other customer-owned
7 amounts applied during such month in payment of charges
8 includible in gross receipts, and upon the basis of which
9 the tax is imposed;
10 5. Amount of tax (computed upon Items 3 and 4);
11 6. The amount of credits to which the taxpayer is
12 entitled on account of purchases made pursuant to Section
13 8-403.1 of The Public Utilities Act;
14 7. Such other reasonable information as the
15 Department may require.
16 In making such return the taxpayer may use any reasonable
17 method to derive reportable "kilowatt-hours" and "gross
18 receipts" from his billing and payment records.
19 Any taxpayer required to make payments under this Section
20 may make the payments by electronic funds transfer. The
21 Department shall adopt rules necessary to effectuate a
22 program of electronic funds transfer.
23 If the taxpayer's average monthly tax liability to the
24 Department does not exceed $100.00, the Department may
25 authorize his returns to be filed on a quarter annual basis,
26 with the return for January, February and March of a given
27 year being due by April 30 of such year; with the return for
28 April, May and June of a given year being due by July 31 of
29 such year; with the return for July, August and September of
30 a given year being due by October 31 of such year, and with
31 the return for October, November and December of a given year
32 being due by January 31 of the following year.
33 If the taxpayer's average monthly tax liability to the
34 Department does not exceed $20.00, the Department may
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1 authorize his returns to be filed on an annual basis, with
2 the return for a given year being due by January 31 of the
3 following year.
4 Such quarter annual and annual returns, as to form and
5 substance, shall be subject to the same requirements as
6 monthly returns.
7 Notwithstanding any other provision in this Act
8 concerning the time within which a taxpayer may file his
9 return, in the case of any taxpayer who ceases to engage in a
10 kind of business which makes him responsible for filing
11 returns under this Act, such taxpayer shall file a final
12 return under this Act with the Department not more than one
13 month after discontinuing such business.
14 In making such return the taxpayer shall determine the
15 value of any reportable consideration other than money
16 received by him and shall include such value in his return.
17 Such determination shall be subject to review and revision by
18 the Department in the same manner as is provided in this Act
19 for the correction of returns.
20 Each taxpayer whose average monthly liability to the
21 Department under this Act was $10,000 or more during the
22 preceding calendar year, excluding the month of highest
23 liability and the month of lowest liability in such calendar
24 year, and who is not operated by a unit of local government,
25 shall make estimated payments to the Department on or before
26 the 7th, 15th, 22nd and last day of the month during which
27 tax liability to the Department is incurred in an amount not
28 less than the lower of either 22.5% of the taxpayer's actual
29 tax liability for the month or 25% of the taxpayer's actual
30 tax liability for the same calendar month of the preceding
31 year. The amount of such quarter monthly payments shall be
32 credited against the final tax liability of the taxpayer's
33 return for that month. Any outstanding credit, approved by
34 the Department, arising from the taxpayer's overpayment of
HB0709 Engrossed -7- LRB9002645KDks
1 its final tax liability for any month may be applied to
2 reduce the amount of any subsequent quarter monthly payment
3 or credited against the final tax liability of the taxpayer's
4 return for any subsequent month. If any quarter monthly
5 payment is not paid at the time or in the amount required by
6 this Section, the taxpayer shall be liable for penalty and
7 interest on the difference between the minimum amount due as
8 a payment and the amount of such payment actually and timely
9 paid, except insofar as the taxpayer has previously made
10 payments for that month to the Department in excess of the
11 minimum payments previously due.
12 If the Director finds that the information required for
13 the making of an accurate return cannot reasonably be
14 compiled by a taxpayer within 15 days after the close of the
15 calendar month for which a return is to be made, he may grant
16 an extension of time for the filing of such return for a
17 period of not to exceed 31 calendar days. The granting of
18 such an extension may be conditioned upon the deposit by the
19 taxpayer with the Department of an amount of money not
20 exceeding the amount estimated by the Director to be due with
21 the return so extended. All such deposits, including any
22 heretofore made with the Department, shall be credited
23 against the taxpayer's liabilities under this Act. If any
24 such deposit exceeds the taxpayer's present and probable
25 future liabilities under this Act, the Department shall issue
26 to the taxpayer a credit memorandum, which may be assigned by
27 the taxpayer to a similar taxpayer under this Act, in
28 accordance with reasonable rules and regulations to be
29 prescribed by the Department.
30 The taxpayer making the return provided for in this
31 Section shall, at the time of making such return, pay to the
32 Department the amount of tax imposed by this Act. All moneys
33 received by the Department under this Act shall be paid into
34 the General Revenue Fund in the State treasury, except as
HB0709 Engrossed -8- LRB9002645KDks
1 otherwise provided.
2 (Source: P.A. 86-953; 87-14; 87-1258.)
3 Section 15. The Water Company Invested Capital Tax Act
4 is amended by changing Section 4 as follows:
5 (35 ILCS 625/4) (from Ch. 120, par. 1414)
6 Sec. 4. Annual return, collection and payment. A return
7 with respect to the tax imposed by this Act shall be made by
8 every public utility for any taxable period for which such
9 person is liable for such tax. Such return shall be made on
10 such forms as the Department shall prescribe and shall
11 contain the following information:
12 1. Taxpayer's name;
13 2. Address of taxpayer's principal place of
14 business, and address of the principal place of business
15 (if that is a different address) from which the taxpayer
16 engages in the business of distributing, supplying,
17 furnishing or selling water in this State;
18 3. The total proprietary capital and total
19 long-term debt as of the beginning and end of the taxable
20 period as set forth on the balance sheets included in the
21 taxpayer's annual report to the Illinois Commerce
22 Commission for the taxable period;
23 4. The taxpayer's base income allocable to Illinois
24 under Sections 301 and 304(a) of the "Illinois Income Tax
25 Act", for the period covered by the return;
26 5. The amount of tax due for the taxable period
27 (computed on the basis of the amounts set forth in Items
28 3 and 4); and
29 6. Such other reasonable information as may be
30 required by forms or regulations prescribed by the
31 Department.
32 The returns prescribed by this Section shall be due and
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1 shall be filed with the Department not later than the 15th
2 day of the third month following the close of the taxable
3 period. The taxpayer making the return herein provided for
4 shall, at the time of making such return, pay to the
5 Department the remaining amount of tax herein imposed and due
6 for the taxable period. Each taxpayer shall make estimated
7 quarterly payments on the 15th day of the third, sixth, ninth
8 and twelfth months of each taxable period. Such estimated
9 payments shall be 25% of the tax liability for the
10 immediately preceding taxable period or the tax liability
11 that would have been imposed in the immediately preceding
12 taxable period if this Act had been in effect. All moneys
13 received by the Department under this Act shall be paid into
14 the Personal Property Tax Replacement Fund in the State
15 Treasury.
16 Any taxpayer required to make payments under this Section
17 may make the payments by electronic funds transfer. The
18 Department shall adopt rules necessary to effectuate a
19 program of electronic funds transfer.
20 (Source: P.A. 87-205.)
21 Section 20. The Telecommunications Excise Tax Act is
22 amended by changing Section 6 as follows:
23 (35 ILCS 630/6) (from Ch. 120, par. 2006)
24 Sec. 6. Except as provided hereinafter in this Section,
25 on or before the 15th day of each month each retailer
26 maintaining a place of business in this State shall make a
27 return to the Department for the preceding calendar month,
28 stating:
29 1. His name;
30 2. The address of his principal place of business, and
31 the address of the principal place of business (if that is a
32 different address) from which he engages in the business of
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1 transmitting telecommunications;
2 3. Total amount of gross charges billed by him during
3 the preceding calendar month for providing telecommunications
4 during such calendar month;
5 4. Total amount received by him during the preceding
6 calendar month on credit extended;
7 5. Deductions allowed by law;
8 6. Gross charges which were billed by him during the
9 preceding calendar month and upon the basis of which the tax
10 is imposed;
11 7. Amount of tax (computed upon Item 6);
12 8. Such other reasonable information as the Department
13 may require.
14 Any taxpayer required to make payments under this Section
15 may make the payments by electronic funds transfer. The
16 Department shall adopt rules necessary to effectuate a
17 program of electronic funds transfer.
18 If the retailer's average monthly tax billings due to the
19 Department do not exceed $100, the Department may authorize
20 his returns to be filed on a quarter annual basis, with the
21 return for January, February and March of a given year being
22 due by April 15 of such year; with the return for April, May
23 and June of a given year being due by July 15 of such year;
24 with the return for July, August and September of a given
25 year being due by October 15 of such year; and with the
26 return of October, November and December of a given year
27 being due by January 15 of the following year.
28 Notwithstanding any other provision of this Article
29 containing the time within which a retailer may file his
30 return, in the case of any retailer who ceases to engage in a
31 kind of business which makes him responsible for filing
32 returns under this Article, such retailer shall file a final
33 return under this Article with the Department not more than
34 one month after discontinuing such business.
HB0709 Engrossed -11- LRB9002645KDks
1 In making such return, the retailer shall determine the
2 value of any consideration other than money received by him
3 and he shall include such value in his return. Such
4 determination shall be subject to review and revision by the
5 Department in the manner hereinafter provided for the
6 correction of returns.
7 Each retailer whose average monthly liability to the
8 Department under this Article was $10,000 or more during the
9 preceding calendar year, excluding the month of highest
10 liability and the month of lowest liability in such calendar
11 year, and who is not operated by a unit of local government,
12 shall make estimated payments to the Department on or before
13 the 7th, 15th, 22nd and last day of the month during which
14 tax collection liability to the Department is incurred in an
15 amount not less than the lower of either 22.5% of the
16 retailer's actual tax collections for the month or 25% of the
17 retailer's actual tax collections for the same calendar month
18 of the preceding year. The amount of such quarter monthly
19 payments shall be credited against the final liability of the
20 retailer's return for that month. Any outstanding credit,
21 approved by the Department, arising from the retailer's
22 overpayment of its final liability for any month may be
23 applied to reduce the amount of any subsequent quarter
24 monthly payment or credited against the final liability of
25 the retailer's return for any subsequent month. If any
26 quarter monthly payment is not paid at the time or in the
27 amount required by this Section, the retailer shall be liable
28 for penalty and interest on the difference between the
29 minimum amount due as a payment and the amount of such
30 payment actually and timely paid, except insofar as the
31 retailer has previously made payments for that month to the
32 Department in excess of the minimum payments previously due.
33 If the Director finds that the information required for
34 the making of an accurate return cannot reasonably be
HB0709 Engrossed -12- LRB9002645KDks
1 compiled by a retailer within 15 days after the close of the
2 calendar month for which a return is to be made, he may grant
3 an extension of time for the filing of such return for a
4 period of not to exceed 31 calendar days. The granting of
5 such an extension may be conditioned upon the deposit by the
6 retailer with the Department of an amount of money not
7 exceeding the amount estimated by the Director to be due with
8 the return so extended. All such deposits, including any
9 heretofore made with the Department, shall be credited
10 against the retailer's liabilities under this Article. If
11 any such deposit exceeds the retailer's present and probable
12 future liabilities under this Article, the Department shall
13 issue to the retailer a credit memorandum, which may be
14 assigned by the retailer to a similar retailer under this
15 Article, in accordance with reasonable rules and regulations
16 to be prescribed by the Department.
17 The retailer making the return herein provided for shall,
18 at the time of making such return, pay to the Department the
19 amount of tax herein imposed. On and after the effective date
20 of this Article of 1985, $1,000,000 of the moneys received by
21 the Department of Revenue pursuant to this Article shall be
22 paid each month into the Common School Fund and the remainder
23 into the General Revenue Fund.
24 (Source: P.A. 84-126.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.