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90_HB0709sam003
LRB9002645KDksam01
1 AMENDMENT TO HOUSE BILL 709
2 AMENDMENT NO. . Amend House Bill 709 on page 1, by
3 replacing line 5 with the following:
4 "changing Sections 1 and 3 as follows:
5 (35 ILCS 615/1) (from Ch. 120, par. 467.16)
6 Sec. 1. For the purposes of this Act: "Gross receipts"
7 means the consideration received for gas distributed,
8 supplied, furnished or sold to persons for use or consumption
9 and not for resale, and for all services (including the
10 transportation or storage of gas for an end-user) rendered in
11 connection therewith, and shall include cash, services and
12 property of every kind or nature, and shall be determined
13 without any deduction on account of the cost of the service,
14 product or commodity supplied, the cost of materials used,
15 labor or service costs, or any other expense whatsoever.
16 However, "gross receipts" shall not include receipts from:
17 (i) any minimum or other charge for gas or gas
18 service where the customer has taken no therms of gas;
19 (ii) any charge for a dishonored check;
20 (iii) any finance or credit charge, penalty or
21 charge for delayed payment, or discount for prompt
22 payment;
23 (iv) any charge for reconnection of service or for
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1 replacement or relocation of facilities;
2 (v) any advance or contribution in aid of
3 construction;
4 (vi) repair, inspection or servicing of equipment
5 located on customer premises;
6 (vii) leasing or rental of equipment, the leasing
7 or rental of which is not necessary to distributing,
8 furnishing, supplying, selling, transporting or storing
9 gas;
10 (viii) any sale to a customer if the taxpayer is
11 prohibited by federal or State constitution, treaty,
12 convention, statute or court decision from recovering the
13 related tax liability from such customer;
14 (ix) any charges added to customers' bills pursuant
15 to the provisions of Section 9-221 or Section 9-222 of
16 the Public Utilities Act, as amended, or any charges
17 added to customers' bills by taxpayers who are not
18 subject to rate regulation by the Illinois Commerce
19 Commission for the purpose of recovering any of the tax
20 liabilities or other amounts specified in such provisions
21 of such Act; and
22 (x) any charge for gas or gas services to a
23 customer who acquired contractual rights for the direct
24 purchase of gas or gas services originating from an
25 out-of-state supplier or source on or before March 1,
26 1995, except for those charges solely related to the
27 local distribution of gas by a public utility. This
28 exemption includes any charge for gas or gas service,
29 except for those charges solely related to the local
30 distribution of gas by a public utility, to a customer
31 who maintained an account with a public utility (as
32 defined in Section 3-105 of the Public Utilities Act) for
33 the transportation of customer-owned gas on or before
34 March 1, 1995. The provisions of this amendatory Act of
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1 1997 are intended to clarify, rather than change,
2 existing law as to the meaning and scope of this
3 exemption.
4 In case credit is extended, the amount thereof shall be
5 included only as and when payments are received.
6 "Gross receipts" shall not include consideration received
7 from business enterprises certified under Section 9-222.1 of
8 the Public Utilities Act, as amended, to the extent of such
9 exemption and during the period of time specified by the
10 Department of Commerce and Community Affairs.
11 "Department" means the Department of Revenue of the State
12 of Illinois.
13 "Director" means the Director of Revenue for the
14 Department of Revenue of the State of Illinois.
15 "Taxpayer" means a person engaged in the business of
16 distributing, supplying, furnishing or selling gas for use or
17 consumption and not for resale.
18 "Person" means any natural individual, firm, trust,
19 estate, partnership, association, joint stock company, joint
20 adventure, corporation, limited liability company, or a
21 receiver, trustee, guardian or other representative appointed
22 by order of any court, or any city, town, county or other
23 political subdivision of this State.
24 "Invested capital" means that amount equal to (i) the
25 average of the balances at the beginning and end of each
26 taxable period of the taxpayer's total stockholder's equity
27 and total long-term debt, less investments in and advances to
28 all corporations, as set forth on the balance sheets included
29 in the taxpayer's annual report to the Illinois Commerce
30 Commission for the taxable period; (ii) multiplied by a
31 fraction determined under Sections 301 and 304(a) of the
32 "Illinois Income Tax Act" and reported on the Illinois income
33 tax return for the taxable period ending in or with the
34 taxable period in question. However, notwithstanding the
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1 income tax return reporting requirement stated above,
2 beginning July 1, 1979, no taxpayer's denominators used to
3 compute the sales, property or payroll factors under
4 subsection (a) of Section 304 of the Illinois Income Tax Act
5 shall include payroll, property or sales of any corporate
6 entity other than the taxpayer for the purposes of
7 determining an allocation for the invested capital tax. This
8 amendatory Act of 1982, Public Act 82-1024, is not intended
9 to and does not make any change in the meaning of any
10 provision of this Act, it having been the intent of the
11 General Assembly in initially enacting the definition of
12 "invested capital" to provide for apportionment of the
13 invested capital of each company, based solely upon the
14 sales, property and payroll of that company.
15 "Taxable period" means each period which ends after the
16 effective date of this Act and which is covered by an annual
17 report filed by the taxpayer with the Illinois Commerce
18 Commission.
19 (Source: P.A. 88-480; 89-417, eff. 1-1-96.)".