State of Illinois
91st General Assembly
Legislation

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91_HB0046

 
                                               LRB9100317PTpk

 1        AN  ACT  to  amend  the  Electricity  Excise  Tax  Law by
 2    changing Section 2-7.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Electricity Excise Tax Law is amended by
 6    changing Section 2-7 as follows:

 7        (35 ILCS 640/2-7)
 8        Sec. 2-7.  Collection  of  electricity  excise  tax  from
 9    purchaser.   Beginning with bills for electricity or electric
10    service issued on and after August 1, 1998, the  tax  imposed
11    by this Law shall be collected from the purchaser, other than
12    a  self-assessing  purchaser where the delivering supplier or
13    suppliers are notified by the Department that  the  purchaser
14    has  been  registered  as  a self-assessing purchaser for the
15    accounts listed by the self-assessing purchaser as  described
16    in  Section  2-10  of  this  Law,  by any delivering supplier
17    maintaining a place of business in this State  at  the  rates
18    stated  in  Section  2-4  with  respect  to  the  electricity
19    delivered   by   such  delivering  supplier  to  or  for  the
20    purchaser,  and  shall  be  remitted  to  the  Department  as
21    provided in Section 2-9 of this Law. All sales to a purchaser
22    are presumed subject to tax collection unless the  Department
23    notifies  the delivering supplier that the purchaser has been
24    registered as a self-assessing  purchaser  for  the  accounts
25    listed  by  the  self-assessing  purchaser  as  described  in
26    Section  2-10  of  this Law.  Upon receipt of notification by
27    the Department, the delivering supplier is  relieved  of  all
28    liability  for  the collection and remittance of tax from the
29    self-assessing purchaser for which notification was  provided
30    by  the  Department.   The delivering supplier is relieved of
31    the  liability  for  the  collection  of  the  tax   from   a
 
                            -2-                LRB9100317PTpk
 1    self-assessing  purchaser  until  such time as the delivering
 2    supplier is notified in writing by the  Department  that  the
 3    purchaser's certification as a self-assessing purchaser is no
 4    longer  in effect. Delivering suppliers shall collect the tax
 5    from purchasers by adding  the  tax  to  the  amount  of  the
 6    purchase  price  received  from  the purchaser for delivering
 7    electricity for or  to  the  purchaser.  Where  a  delivering
 8    supplier  does  not  collect  the tax from a purchaser, other
 9    than a self-assessing purchaser,  as  provided  herein,  such
10    purchaser shall pay the tax directly to the Department.
11    (Source: P.A. 90-561, eff. 8-1-98; 90-624, eff. 7-10-98.)

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