[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1900
LRB9101596PTpkA
1 AN Act concerning aquaculture.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 40.35 as follows:
6 (20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
7 Sec. 40.35. Aquaculture. To develop and implement a
8 program to promote aquaculture and to make grants to an
9 aquaculture cooperative in this State pursuant to the
10 Aquaculture Development Act, to promulgate the necessary
11 rules and regulations and to cooperate with and seek the
12 assistance of the Department of Natural Resources and the
13 Department of Transportation in the implementation and
14 enforcement of that Act.
15 (Source: P.A. 89-445, eff. 2-7-96.)
16 Section 10. The Aquaculture Development Act is amended
17 by adding Section 5.5 as follows:
18 (20 ILCS 215/5.5 new)
19 (Section scheduled to be repealed on June 30, 2009)
20 Sec. 5.5. Aquaculture Cooperative.
21 (a) The Department of Agriculture shall make grants to
22 an Aquaculture Cooperative. The Aquaculture Cooperative
23 shall consist of any individual or entity of the aquaculture
24 industry in this State that seeks membership pursuant to the
25 Agricultural Co-Operative Act. The grants for the
26 Cooperative shall be distributed from the Illinois
27 Aquaculture Development Fund as provided by rule. The
28 Department shall annually audit and review the State's
29 distribution of funding to the Cooperative and the Act's
-2- LRB9101596PTpkA
1 implementation.
2 (b) The grants to an Aquaculture Cooperative and the
3 proceeds generated by the Cooperative may be used for the
4 following purposes:
5 (1) To buy aquatic organisms from members of the
6 Cooperative.
7 (2) To buy aquatic organism food in bulk quantities
8 for resale to the members of the Cooperative.
9 (3) For transportation, hauling, and delivery
10 equipment.
11 (4) For employee salaries, building leases, and
12 other administrative costs.
13 (5) To purchase equipment for use by the
14 Cooperative members.
15 (6) Any other related costs.
16 (c) The Department shall submit a report to the General
17 Assembly before January 1, 2009 with a determination of
18 whether the funding for the Aquaculture Cooperative should be
19 extended beyond June 30, 2009. If the Department recommends
20 an extension of the funding for the Cooperative, then the
21 report shall detail whether the Cooperative funding from
22 Section 9 of the Use Tax Act, Section 9 of the Service Use
23 Tax Act, Section 9 of the Service Occupation Tax Act, and
24 Section 3 of the Retailers' Occupation Tax Act should be
25 increased, decreased, or eliminated. The report shall be
26 submitted according to Section 5-140 of the Illinois
27 Administrative Procedure Act.
28 (d) This Section is repealed on June 30, 2009.
29 Section 15. The State Finance Act is amended by adding
30 Sections 5.490 and 6z-47 as follows:
31 (30 ILCS 105/5.490 new)
32 Sec. 5.490. The Illinois Aquaculture Development Fund.
-3- LRB9101596PTpkA
1 (30 ILCS 105/6z-47 new)
2 Sec. 6z-47. Illinois Aquaculture Development Fund. The
3 Illinois Aquaculture Development Fund is created as a special
4 fund in the State Treasury. The tax revenues that are
5 required to be deposited into the Fund under Section 9 of the
6 Use Tax Act, Section 9 of the Service Use Tax Act, Section 9
7 of the Service Occupation Tax Act, and Section 3 of the
8 Retailers' Occupation Tax Act shall be paid monthly into the
9 Fund beginning July 1, 1999 and ending June 30, 2009 unless
10 otherwise extended by law. The monies in the Fund shall be
11 appropriated to the Department of Agriculture for the
12 purposes of the Aquaculture Cooperative established under the
13 Aquaculture Development Act and incorporated under the
14 Agricultural Co-Operative Act.
15 Section 20. The Use Tax Act is amended by changing
16 Section 9 as follows:
17 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
18 Sec. 9. Except as to motor vehicles, watercraft,
19 aircraft, and trailers that are required to be registered
20 with an agency of this State, each retailer required or
21 authorized to collect the tax imposed by this Act shall pay
22 to the Department the amount of such tax (except as otherwise
23 provided) at the time when he is required to file his return
24 for the period during which such tax was collected, less a
25 discount of 2.1% prior to January 1, 1990, and 1.75% on and
26 after January 1, 1990, or $5 per calendar year, whichever is
27 greater, which is allowed to reimburse the retailer for
28 expenses incurred in collecting the tax, keeping records,
29 preparing and filing returns, remitting the tax and supplying
30 data to the Department on request. In the case of retailers
31 who report and pay the tax on a transaction by transaction
32 basis, as provided in this Section, such discount shall be
-4- LRB9101596PTpkA
1 taken with each such tax remittance instead of when such
2 retailer files his periodic return. A retailer need not
3 remit that part of any tax collected by him to the extent
4 that he is required to remit and does remit the tax imposed
5 by the Retailers' Occupation Tax Act, with respect to the
6 sale of the same property.
7 Where such tangible personal property is sold under a
8 conditional sales contract, or under any other form of sale
9 wherein the payment of the principal sum, or a part thereof,
10 is extended beyond the close of the period for which the
11 return is filed, the retailer, in collecting the tax (except
12 as to motor vehicles, watercraft, aircraft, and trailers that
13 are required to be registered with an agency of this State),
14 may collect for each tax return period, only the tax
15 applicable to that part of the selling price actually
16 received during such tax return period.
17 Except as provided in this Section, on or before the
18 twentieth day of each calendar month, such retailer shall
19 file a return for the preceding calendar month. Such return
20 shall be filed on forms prescribed by the Department and
21 shall furnish such information as the Department may
22 reasonably require.
23 The Department may require returns to be filed on a
24 quarterly basis. If so required, a return for each calendar
25 quarter shall be filed on or before the twentieth day of the
26 calendar month following the end of such calendar quarter.
27 The taxpayer shall also file a return with the Department for
28 each of the first two months of each calendar quarter, on or
29 before the twentieth day of the following calendar month,
30 stating:
31 1. The name of the seller;
32 2. The address of the principal place of business
33 from which he engages in the business of selling tangible
34 personal property at retail in this State;
-5- LRB9101596PTpkA
1 3. The total amount of taxable receipts received by
2 him during the preceding calendar month from sales of
3 tangible personal property by him during such preceding
4 calendar month, including receipts from charge and time
5 sales, but less all deductions allowed by law;
6 4. The amount of credit provided in Section 2d of
7 this Act;
8 5. The amount of tax due;
9 5-5. The signature of the taxpayer; and
10 6. Such other reasonable information as the
11 Department may require.
12 If a taxpayer fails to sign a return within 30 days after
13 the proper notice and demand for signature by the Department,
14 the return shall be considered valid and any amount shown to
15 be due on the return shall be deemed assessed.
16 Beginning October 1, 1993, a taxpayer who has an average
17 monthly tax liability of $150,000 or more shall make all
18 payments required by rules of the Department by electronic
19 funds transfer. Beginning October 1, 1994, a taxpayer who has
20 an average monthly tax liability of $100,000 or more shall
21 make all payments required by rules of the Department by
22 electronic funds transfer. Beginning October 1, 1995, a
23 taxpayer who has an average monthly tax liability of $50,000
24 or more shall make all payments required by rules of the
25 Department by electronic funds transfer. The term "average
26 monthly tax liability" means the sum of the taxpayer's
27 liabilities under this Act, and under all other State and
28 local occupation and use tax laws administered by the
29 Department, for the immediately preceding calendar year
30 divided by 12.
31 Before August 1 of each year beginning in 1993, the
32 Department shall notify all taxpayers required to make
33 payments by electronic funds transfer. All taxpayers required
34 to make payments by electronic funds transfer shall make
-6- LRB9101596PTpkA
1 those payments for a minimum of one year beginning on October
2 1.
3 Any taxpayer not required to make payments by electronic
4 funds transfer may make payments by electronic funds transfer
5 with the permission of the Department.
6 All taxpayers required to make payment by electronic
7 funds transfer and any taxpayers authorized to voluntarily
8 make payments by electronic funds transfer shall make those
9 payments in the manner authorized by the Department.
10 The Department shall adopt such rules as are necessary to
11 effectuate a program of electronic funds transfer and the
12 requirements of this Section.
13 If the taxpayer's average monthly tax liability to the
14 Department under this Act, the Retailers' Occupation Tax Act,
15 the Service Occupation Tax Act, the Service Use Tax Act was
16 $10,000 or more during the preceding 4 complete calendar
17 quarters, he shall file a return with the Department each
18 month by the 20th day of the month next following the month
19 during which such tax liability is incurred and shall make
20 payments to the Department on or before the 7th, 15th, 22nd
21 and last day of the month during which such liability is
22 incurred. If the month during which such tax liability is
23 incurred began prior to January 1, 1985, each payment shall
24 be in an amount equal to 1/4 of the taxpayer's actual
25 liability for the month or an amount set by the Department
26 not to exceed 1/4 of the average monthly liability of the
27 taxpayer to the Department for the preceding 4 complete
28 calendar quarters (excluding the month of highest liability
29 and the month of lowest liability in such 4 quarter period).
30 If the month during which such tax liability is incurred
31 begins on or after January 1, 1985, and prior to January 1,
32 1987, each payment shall be in an amount equal to 22.5% of
33 the taxpayer's actual liability for the month or 27.5% of the
34 taxpayer's liability for the same calendar month of the
-7- LRB9101596PTpkA
1 preceding year. If the month during which such tax liability
2 is incurred begins on or after January 1, 1987, and prior to
3 January 1, 1988, each payment shall be in an amount equal to
4 22.5% of the taxpayer's actual liability for the month or
5 26.25% of the taxpayer's liability for the same calendar
6 month of the preceding year. If the month during which such
7 tax liability is incurred begins on or after January 1, 1988,
8 and prior to January 1, 1989, or begins on or after January
9 1, 1996, each payment shall be in an amount equal to 22.5% of
10 the taxpayer's actual liability for the month or 25% of the
11 taxpayer's liability for the same calendar month of the
12 preceding year. If the month during which such tax liability
13 is incurred begins on or after January 1, 1989, and prior to
14 January 1, 1996, each payment shall be in an amount equal to
15 22.5% of the taxpayer's actual liability for the month or 25%
16 of the taxpayer's liability for the same calendar month of
17 the preceding year or 100% of the taxpayer's actual liability
18 for the quarter monthly reporting period. The amount of such
19 quarter monthly payments shall be credited against the final
20 tax liability of the taxpayer's return for that month. Once
21 applicable, the requirement of the making of quarter monthly
22 payments to the Department shall continue until such
23 taxpayer's average monthly liability to the Department during
24 the preceding 4 complete calendar quarters (excluding the
25 month of highest liability and the month of lowest liability)
26 is less than $9,000, or until such taxpayer's average monthly
27 liability to the Department as computed for each calendar
28 quarter of the 4 preceding complete calendar quarter period
29 is less than $10,000. However, if a taxpayer can show the
30 Department that a substantial change in the taxpayer's
31 business has occurred which causes the taxpayer to anticipate
32 that his average monthly tax liability for the reasonably
33 foreseeable future will fall below $10,000, then such
34 taxpayer may petition the Department for change in such
-8- LRB9101596PTpkA
1 taxpayer's reporting status. The Department shall change
2 such taxpayer's reporting status unless it finds that such
3 change is seasonal in nature and not likely to be long term.
4 If any such quarter monthly payment is not paid at the time
5 or in the amount required by this Section, then the taxpayer
6 shall be liable for penalties and interest on the difference
7 between the minimum amount due and the amount of such quarter
8 monthly payment actually and timely paid, except insofar as
9 the taxpayer has previously made payments for that month to
10 the Department in excess of the minimum payments previously
11 due as provided in this Section. The Department shall make
12 reasonable rules and regulations to govern the quarter
13 monthly payment amount and quarter monthly payment dates for
14 taxpayers who file on other than a calendar monthly basis.
15 If any such payment provided for in this Section exceeds
16 the taxpayer's liabilities under this Act, the Retailers'
17 Occupation Tax Act, the Service Occupation Tax Act and the
18 Service Use Tax Act, as shown by an original monthly return,
19 the Department shall issue to the taxpayer a credit
20 memorandum no later than 30 days after the date of payment,
21 which memorandum may be submitted by the taxpayer to the
22 Department in payment of tax liability subsequently to be
23 remitted by the taxpayer to the Department or be assigned by
24 the taxpayer to a similar taxpayer under this Act, the
25 Retailers' Occupation Tax Act, the Service Occupation Tax Act
26 or the Service Use Tax Act, in accordance with reasonable
27 rules and regulations to be prescribed by the Department,
28 except that if such excess payment is shown on an original
29 monthly return and is made after December 31, 1986, no credit
30 memorandum shall be issued, unless requested by the taxpayer.
31 If no such request is made, the taxpayer may credit such
32 excess payment against tax liability subsequently to be
33 remitted by the taxpayer to the Department under this Act,
34 the Retailers' Occupation Tax Act, the Service Occupation Tax
-9- LRB9101596PTpkA
1 Act or the Service Use Tax Act, in accordance with reasonable
2 rules and regulations prescribed by the Department. If the
3 Department subsequently determines that all or any part of
4 the credit taken was not actually due to the taxpayer, the
5 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
6 by 2.1% or 1.75% of the difference between the credit taken
7 and that actually due, and the taxpayer shall be liable for
8 penalties and interest on such difference.
9 If the retailer is otherwise required to file a monthly
10 return and if the retailer's average monthly tax liability to
11 the Department does not exceed $200, the Department may
12 authorize his returns to be filed on a quarter annual basis,
13 with the return for January, February, and March of a given
14 year being due by April 20 of such year; with the return for
15 April, May and June of a given year being due by July 20 of
16 such year; with the return for July, August and September of
17 a given year being due by October 20 of such year, and with
18 the return for October, November and December of a given year
19 being due by January 20 of the following year.
20 If the retailer is otherwise required to file a monthly
21 or quarterly return and if the retailer's average monthly tax
22 liability to the Department does not exceed $50, the
23 Department may authorize his returns to be filed on an annual
24 basis, with the return for a given year being due by January
25 20 of the following year.
26 Such quarter annual and annual returns, as to form and
27 substance, shall be subject to the same requirements as
28 monthly returns.
29 Notwithstanding any other provision in this Act
30 concerning the time within which a retailer may file his
31 return, in the case of any retailer who ceases to engage in a
32 kind of business which makes him responsible for filing
33 returns under this Act, such retailer shall file a final
34 return under this Act with the Department not more than one
-10- LRB9101596PTpkA
1 month after discontinuing such business.
2 In addition, with respect to motor vehicles, watercraft,
3 aircraft, and trailers that are required to be registered
4 with an agency of this State, every retailer selling this
5 kind of tangible personal property shall file, with the
6 Department, upon a form to be prescribed and supplied by the
7 Department, a separate return for each such item of tangible
8 personal property which the retailer sells, except that
9 where, in the same transaction, a retailer of aircraft,
10 watercraft, motor vehicles or trailers transfers more than
11 one aircraft, watercraft, motor vehicle or trailer to another
12 aircraft, watercraft, motor vehicle or trailer retailer for
13 the purpose of resale, that seller for resale may report the
14 transfer of all the aircraft, watercraft, motor vehicles or
15 trailers involved in that transaction to the Department on
16 the same uniform invoice-transaction reporting return form.
17 For purposes of this Section, "watercraft" means a Class 2,
18 Class 3, or Class 4 watercraft as defined in Section 3-2 of
19 the Boat Registration and Safety Act, a personal watercraft,
20 or any boat equipped with an inboard motor.
21 The transaction reporting return in the case of motor
22 vehicles or trailers that are required to be registered with
23 an agency of this State, shall be the same document as the
24 Uniform Invoice referred to in Section 5-402 of the Illinois
25 Vehicle Code and must show the name and address of the
26 seller; the name and address of the purchaser; the amount of
27 the selling price including the amount allowed by the
28 retailer for traded-in property, if any; the amount allowed
29 by the retailer for the traded-in tangible personal property,
30 if any, to the extent to which Section 2 of this Act allows
31 an exemption for the value of traded-in property; the balance
32 payable after deducting such trade-in allowance from the
33 total selling price; the amount of tax due from the retailer
34 with respect to such transaction; the amount of tax collected
-11- LRB9101596PTpkA
1 from the purchaser by the retailer on such transaction (or
2 satisfactory evidence that such tax is not due in that
3 particular instance, if that is claimed to be the fact); the
4 place and date of the sale; a sufficient identification of
5 the property sold; such other information as is required in
6 Section 5-402 of the Illinois Vehicle Code, and such other
7 information as the Department may reasonably require.
8 The transaction reporting return in the case of
9 watercraft and aircraft must show the name and address of the
10 seller; the name and address of the purchaser; the amount of
11 the selling price including the amount allowed by the
12 retailer for traded-in property, if any; the amount allowed
13 by the retailer for the traded-in tangible personal property,
14 if any, to the extent to which Section 2 of this Act allows
15 an exemption for the value of traded-in property; the balance
16 payable after deducting such trade-in allowance from the
17 total selling price; the amount of tax due from the retailer
18 with respect to such transaction; the amount of tax collected
19 from the purchaser by the retailer on such transaction (or
20 satisfactory evidence that such tax is not due in that
21 particular instance, if that is claimed to be the fact); the
22 place and date of the sale, a sufficient identification of
23 the property sold, and such other information as the
24 Department may reasonably require.
25 Such transaction reporting return shall be filed not
26 later than 20 days after the date of delivery of the item
27 that is being sold, but may be filed by the retailer at any
28 time sooner than that if he chooses to do so. The
29 transaction reporting return and tax remittance or proof of
30 exemption from the tax that is imposed by this Act may be
31 transmitted to the Department by way of the State agency with
32 which, or State officer with whom, the tangible personal
33 property must be titled or registered (if titling or
34 registration is required) if the Department and such agency
-12- LRB9101596PTpkA
1 or State officer determine that this procedure will expedite
2 the processing of applications for title or registration.
3 With each such transaction reporting return, the retailer
4 shall remit the proper amount of tax due (or shall submit
5 satisfactory evidence that the sale is not taxable if that is
6 the case), to the Department or its agents, whereupon the
7 Department shall issue, in the purchaser's name, a tax
8 receipt (or a certificate of exemption if the Department is
9 satisfied that the particular sale is tax exempt) which such
10 purchaser may submit to the agency with which, or State
11 officer with whom, he must title or register the tangible
12 personal property that is involved (if titling or
13 registration is required) in support of such purchaser's
14 application for an Illinois certificate or other evidence of
15 title or registration to such tangible personal property.
16 No retailer's failure or refusal to remit tax under this
17 Act precludes a user, who has paid the proper tax to the
18 retailer, from obtaining his certificate of title or other
19 evidence of title or registration (if titling or registration
20 is required) upon satisfying the Department that such user
21 has paid the proper tax (if tax is due) to the retailer. The
22 Department shall adopt appropriate rules to carry out the
23 mandate of this paragraph.
24 If the user who would otherwise pay tax to the retailer
25 wants the transaction reporting return filed and the payment
26 of tax or proof of exemption made to the Department before
27 the retailer is willing to take these actions and such user
28 has not paid the tax to the retailer, such user may certify
29 to the fact of such delay by the retailer, and may (upon the
30 Department being satisfied of the truth of such
31 certification) transmit the information required by the
32 transaction reporting return and the remittance for tax or
33 proof of exemption directly to the Department and obtain his
34 tax receipt or exemption determination, in which event the
-13- LRB9101596PTpkA
1 transaction reporting return and tax remittance (if a tax
2 payment was required) shall be credited by the Department to
3 the proper retailer's account with the Department, but
4 without the 2.1% or 1.75% discount provided for in this
5 Section being allowed. When the user pays the tax directly
6 to the Department, he shall pay the tax in the same amount
7 and in the same form in which it would be remitted if the tax
8 had been remitted to the Department by the retailer.
9 Where a retailer collects the tax with respect to the
10 selling price of tangible personal property which he sells
11 and the purchaser thereafter returns such tangible personal
12 property and the retailer refunds the selling price thereof
13 to the purchaser, such retailer shall also refund, to the
14 purchaser, the tax so collected from the purchaser. When
15 filing his return for the period in which he refunds such tax
16 to the purchaser, the retailer may deduct the amount of the
17 tax so refunded by him to the purchaser from any other use
18 tax which such retailer may be required to pay or remit to
19 the Department, as shown by such return, if the amount of the
20 tax to be deducted was previously remitted to the Department
21 by such retailer. If the retailer has not previously
22 remitted the amount of such tax to the Department, he is
23 entitled to no deduction under this Act upon refunding such
24 tax to the purchaser.
25 Any retailer filing a return under this Section shall
26 also include (for the purpose of paying tax thereon) the
27 total tax covered by such return upon the selling price of
28 tangible personal property purchased by him at retail from a
29 retailer, but as to which the tax imposed by this Act was not
30 collected from the retailer filing such return, and such
31 retailer shall remit the amount of such tax to the Department
32 when filing such return.
33 If experience indicates such action to be practicable,
34 the Department may prescribe and furnish a combination or
-14- LRB9101596PTpkA
1 joint return which will enable retailers, who are required to
2 file returns hereunder and also under the Retailers'
3 Occupation Tax Act, to furnish all the return information
4 required by both Acts on the one form.
5 Where the retailer has more than one business registered
6 with the Department under separate registration under this
7 Act, such retailer may not file each return that is due as a
8 single return covering all such registered businesses, but
9 shall file separate returns for each such registered
10 business.
11 Beginning January 1, 1990, each month the Department
12 shall pay into the State and Local Sales Tax Reform Fund, a
13 special fund in the State Treasury which is hereby created,
14 the net revenue realized for the preceding month from the 1%
15 tax on sales of food for human consumption which is to be
16 consumed off the premises where it is sold (other than
17 alcoholic beverages, soft drinks and food which has been
18 prepared for immediate consumption) and prescription and
19 nonprescription medicines, drugs, medical appliances and
20 insulin, urine testing materials, syringes and needles used
21 by diabetics.
22 Beginning January 1, 1990, each month the Department
23 shall pay into the County and Mass Transit District Fund 4%
24 of the net revenue realized for the preceding month from the
25 6.25% general rate on the selling price of tangible personal
26 property which is purchased outside Illinois at retail from a
27 retailer and which is titled or registered by an agency of
28 this State's government.
29 Beginning January 1, 1990, each month the Department
30 shall pay into the State and Local Sales Tax Reform Fund, a
31 special fund in the State Treasury, 20% of the net revenue
32 realized for the preceding month from the 6.25% general rate
33 on the selling price of tangible personal property, other
34 than tangible personal property which is purchased outside
-15- LRB9101596PTpkA
1 Illinois at retail from a retailer and which is titled or
2 registered by an agency of this State's government.
3 Beginning January 1, 1990, each month the Department
4 shall pay into the Local Government Tax Fund 16% of the net
5 revenue realized for the preceding month from the 6.25%
6 general rate on the selling price of tangible personal
7 property which is purchased outside Illinois at retail from a
8 retailer and which is titled or registered by an agency of
9 this State's government.
10 Of the remainder of the moneys received by the Department
11 pursuant to this Act, (a) 1.75% thereof shall be paid into
12 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
13 and on and after July 1, 1989, 3.8% thereof shall be paid
14 into the Build Illinois Fund; provided, however, that if in
15 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
16 as the case may be, of the moneys received by the Department
17 and required to be paid into the Build Illinois Fund pursuant
18 to Section 3 of the Retailers' Occupation Tax Act, Section 9
19 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
20 Section 9 of the Service Occupation Tax Act, such Acts being
21 hereinafter called the "Tax Acts" and such aggregate of 2.2%
22 or 3.8%, as the case may be, of moneys being hereinafter
23 called the "Tax Act Amount", and (2) the amount transferred
24 to the Build Illinois Fund from the State and Local Sales Tax
25 Reform Fund shall be less than the Annual Specified Amount
26 (as defined in Section 3 of the Retailers' Occupation Tax
27 Act), an amount equal to the difference shall be immediately
28 paid into the Build Illinois Fund from other moneys received
29 by the Department pursuant to the Tax Acts; and further
30 provided, that if on the last business day of any month the
31 sum of (1) the Tax Act Amount required to be deposited into
32 the Build Illinois Bond Account in the Build Illinois Fund
33 during such month and (2) the amount transferred during such
34 month to the Build Illinois Fund from the State and Local
-16- LRB9101596PTpkA
1 Sales Tax Reform Fund shall have been less than 1/12 of the
2 Annual Specified Amount, an amount equal to the difference
3 shall be immediately paid into the Build Illinois Fund from
4 other moneys received by the Department pursuant to the Tax
5 Acts; and, further provided, that in no event shall the
6 payments required under the preceding proviso result in
7 aggregate payments into the Build Illinois Fund pursuant to
8 this clause (b) for any fiscal year in excess of the greater
9 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
10 for such fiscal year; and, further provided, that the amounts
11 payable into the Build Illinois Fund under this clause (b)
12 shall be payable only until such time as the aggregate amount
13 on deposit under each trust indenture securing Bonds issued
14 and outstanding pursuant to the Build Illinois Bond Act is
15 sufficient, taking into account any future investment income,
16 to fully provide, in accordance with such indenture, for the
17 defeasance of or the payment of the principal of, premium, if
18 any, and interest on the Bonds secured by such indenture and
19 on any Bonds expected to be issued thereafter and all fees
20 and costs payable with respect thereto, all as certified by
21 the Director of the Bureau of the Budget. If on the last
22 business day of any month in which Bonds are outstanding
23 pursuant to the Build Illinois Bond Act, the aggregate of the
24 moneys deposited in the Build Illinois Bond Account in the
25 Build Illinois Fund in such month shall be less than the
26 amount required to be transferred in such month from the
27 Build Illinois Bond Account to the Build Illinois Bond
28 Retirement and Interest Fund pursuant to Section 13 of the
29 Build Illinois Bond Act, an amount equal to such deficiency
30 shall be immediately paid from other moneys received by the
31 Department pursuant to the Tax Acts to the Build Illinois
32 Fund; provided, however, that any amounts paid to the Build
33 Illinois Fund in any fiscal year pursuant to this sentence
34 shall be deemed to constitute payments pursuant to clause (b)
-17- LRB9101596PTpkA
1 of the preceding sentence and shall reduce the amount
2 otherwise payable for such fiscal year pursuant to clause (b)
3 of the preceding sentence. The moneys received by the
4 Department pursuant to this Act and required to be deposited
5 into the Build Illinois Fund are subject to the pledge, claim
6 and charge set forth in Section 12 of the Build Illinois Bond
7 Act.
8 Subject to payment of amounts into the Build Illinois
9 Fund as provided in the preceding paragraph or in any
10 amendment thereto hereafter enacted, the following specified
11 monthly installment of the amount requested in the
12 certificate of the Chairman of the Metropolitan Pier and
13 Exposition Authority provided under Section 8.25f of the
14 State Finance Act, but not in excess of the sums designated
15 as "Total Deposit", shall be deposited in the aggregate from
16 collections under Section 9 of the Use Tax Act, Section 9 of
17 the Service Use Tax Act, Section 9 of the Service Occupation
18 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
19 into the McCormick Place Expansion Project Fund in the
20 specified fiscal years.
21 Fiscal Year Total Deposit
22 1993 $0
23 1994 53,000,000
24 1995 58,000,000
25 1996 61,000,000
26 1997 64,000,000
27 1998 68,000,000
28 1999 71,000,000
29 2000 75,000,000
30 2001 80,000,000
31 2002 84,000,000
32 2003 89,000,000
33 2004 93,000,000
34 2005 97,000,000
-18- LRB9101596PTpkA
1 2006 102,000,000
2 2007 and 106,000,000
3 each fiscal year
4 thereafter that bonds
5 are outstanding under
6 Section 13.2 of the
7 Metropolitan Pier and
8 Exposition Authority
9 Act, but not after fiscal year 2029.
10 Beginning July 20, 1993 and in each month of each fiscal
11 year thereafter, one-eighth of the amount requested in the
12 certificate of the Chairman of the Metropolitan Pier and
13 Exposition Authority for that fiscal year, less the amount
14 deposited into the McCormick Place Expansion Project Fund by
15 the State Treasurer in the respective month under subsection
16 (g) of Section 13 of the Metropolitan Pier and Exposition
17 Authority Act, plus cumulative deficiencies in the deposits
18 required under this Section for previous months and years,
19 shall be deposited into the McCormick Place Expansion Project
20 Fund, until the full amount requested for the fiscal year,
21 but not in excess of the amount specified above as "Total
22 Deposit", has been deposited.
23 Subject to payment of amounts into the Build Illinois
24 Fund and the McCormick Place Expansion Project Fund pursuant
25 to the preceding paragraphs or in any amendment thereto
26 hereafter enacted, each month the Department shall pay into
27 the Local Government Distributive Fund .4% of the net revenue
28 realized for the preceding month from the 5% general rate, or
29 .4% of 80% of the net revenue realized for the preceding
30 month from the 6.25% general rate, as the case may be, on the
31 selling price of tangible personal property which amount
32 shall, subject to appropriation, be distributed as provided
33 in Section 2 of the State Revenue Sharing Act. No payments or
34 distributions pursuant to this paragraph shall be made if the
-19- LRB9101596PTpkA
1 tax imposed by this Act on photoprocessing products is
2 declared unconstitutional, or if the proceeds from such tax
3 are unavailable for distribution because of litigation.
4 Subject to payment of amounts into the Build Illinois
5 Fund, the McCormick Place Expansion Project Fund, and the
6 Local Government Distributive Fund pursuant to the preceding
7 paragraphs or in any amendments thereto hereafter enacted,
8 beginning July 1, 1993, the Department shall each month pay
9 into the Illinois Tax Increment Fund 0.27% of 80% of the net
10 revenue realized for the preceding month from the 6.25%
11 general rate on the selling price of tangible personal
12 property.
13 Subject to payment of amounts into the Build Illinois
14 Fund, McCormick Place Expansion Project Fund, Local
15 Government Distributive Fund, and Illinois Tax Increment Fund
16 under the preceding paragraphs or any amendment to those
17 paragraphs enacted after the effective date of this
18 amendatory Act of the 91st General Assembly, beginning July
19 1, 1999 and ending June 30, 2009 unless otherwise extended by
20 law, the Department shall each month pay into the Illinois
21 Aquaculture Development Fund $83,335 in the aggregate from
22 collections under this Section, Section 9 of the Service Use
23 Tax Act, Section 9 of the Service Occupation Tax Act, and
24 Section 3 of the Retailers' Occupation Tax Act of the 60% of
25 the net revenue realized for the preceding month from the
26 6.25% general rate on the selling price of tangible personal
27 property.
28 Of the remainder of the moneys received by the Department
29 pursuant to this Act, 75% thereof shall be paid into the
30 State Treasury and 25% shall be reserved in a special account
31 and used only for the transfer to the Common School Fund as
32 part of the monthly transfer from the General Revenue Fund in
33 accordance with Section 8a of the State Finance Act.
34 As soon as possible after the first day of each month,
-20- LRB9101596PTpkA
1 upon certification of the Department of Revenue, the
2 Comptroller shall order transferred and the Treasurer shall
3 transfer from the General Revenue Fund to the Motor Fuel Tax
4 Fund an amount equal to 1.7% of 80% of the net revenue
5 realized under this Act for the second preceding month;
6 except that this transfer shall not be made for the months
7 February through June of 1992.
8 Net revenue realized for a month shall be the revenue
9 collected by the State pursuant to this Act, less the amount
10 paid out during that month as refunds to taxpayers for
11 overpayment of liability.
12 For greater simplicity of administration, manufacturers,
13 importers and wholesalers whose products are sold at retail
14 in Illinois by numerous retailers, and who wish to do so, may
15 assume the responsibility for accounting and paying to the
16 Department all tax accruing under this Act with respect to
17 such sales, if the retailers who are affected do not make
18 written objection to the Department to this arrangement.
19 (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96;
20 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.)
21 Section 25. The Service Use Tax Act is amended by
22 changing Section 9 as follows:
23 (35 ILCS 110/9) (from Ch. 120, par. 439.39)
24 Sec. 9. Each serviceman required or authorized to
25 collect the tax herein imposed shall pay to the Department
26 the amount of such tax (except as otherwise provided) at the
27 time when he is required to file his return for the period
28 during which such tax was collected, less a discount of 2.1%
29 prior to January 1, 1990 and 1.75% on and after January 1,
30 1990, or $5 per calendar year, whichever is greater, which is
31 allowed to reimburse the serviceman for expenses incurred in
32 collecting the tax, keeping records, preparing and filing
-21- LRB9101596PTpkA
1 returns, remitting the tax and supplying data to the
2 Department on request. A serviceman need not remit that part
3 of any tax collected by him to the extent that he is required
4 to pay and does pay the tax imposed by the Service Occupation
5 Tax Act with respect to his sale of service involving the
6 incidental transfer by him of the same property.
7 Except as provided hereinafter in this Section, on or
8 before the twentieth day of each calendar month, such
9 serviceman shall file a return for the preceding calendar
10 month in accordance with reasonable Rules and Regulations to
11 be promulgated by the Department. Such return shall be filed
12 on a form prescribed by the Department and shall contain such
13 information as the Department may reasonably require.
14 The Department may require returns to be filed on a
15 quarterly basis. If so required, a return for each calendar
16 quarter shall be filed on or before the twentieth day of the
17 calendar month following the end of such calendar quarter.
18 The taxpayer shall also file a return with the Department for
19 each of the first two months of each calendar quarter, on or
20 before the twentieth day of the following calendar month,
21 stating:
22 1. The name of the seller;
23 2. The address of the principal place of business
24 from which he engages in business as a serviceman in this
25 State;
26 3. The total amount of taxable receipts received by
27 him during the preceding calendar month, including
28 receipts from charge and time sales, but less all
29 deductions allowed by law;
30 4. The amount of credit provided in Section 2d of
31 this Act;
32 5. The amount of tax due;
33 5-5. The signature of the taxpayer; and
34 6. Such other reasonable information as the
-22- LRB9101596PTpkA
1 Department may require.
2 If a taxpayer fails to sign a return within 30 days after
3 the proper notice and demand for signature by the Department,
4 the return shall be considered valid and any amount shown to
5 be due on the return shall be deemed assessed.
6 Beginning October 1, 1993, a taxpayer who has an average
7 monthly tax liability of $150,000 or more shall make all
8 payments required by rules of the Department by electronic
9 funds transfer. Beginning October 1, 1994, a taxpayer who
10 has an average monthly tax liability of $100,000 or more
11 shall make all payments required by rules of the Department
12 by electronic funds transfer. Beginning October 1, 1995, a
13 taxpayer who has an average monthly tax liability of $50,000
14 or more shall make all payments required by rules of the
15 Department by electronic funds transfer. The term "average
16 monthly tax liability" means the sum of the taxpayer's
17 liabilities under this Act, and under all other State and
18 local occupation and use tax laws administered by the
19 Department, for the immediately preceding calendar year
20 divided by 12.
21 Before August 1 of each year beginning in 1993, the
22 Department shall notify all taxpayers required to make
23 payments by electronic funds transfer. All taxpayers required
24 to make payments by electronic funds transfer shall make
25 those payments for a minimum of one year beginning on October
26 1.
27 Any taxpayer not required to make payments by electronic
28 funds transfer may make payments by electronic funds transfer
29 with the permission of the Department.
30 All taxpayers required to make payment by electronic
31 funds transfer and any taxpayers authorized to voluntarily
32 make payments by electronic funds transfer shall make those
33 payments in the manner authorized by the Department.
34 The Department shall adopt such rules as are necessary to
-23- LRB9101596PTpkA
1 effectuate a program of electronic funds transfer and the
2 requirements of this Section.
3 If the serviceman is otherwise required to file a monthly
4 return and if the serviceman's average monthly tax liability
5 to the Department does not exceed $200, the Department may
6 authorize his returns to be filed on a quarter annual basis,
7 with the return for January, February and March of a given
8 year being due by April 20 of such year; with the return for
9 April, May and June of a given year being due by July 20 of
10 such year; with the return for July, August and September of
11 a given year being due by October 20 of such year, and with
12 the return for October, November and December of a given year
13 being due by January 20 of the following year.
14 If the serviceman is otherwise required to file a monthly
15 or quarterly return and if the serviceman's average monthly
16 tax liability to the Department does not exceed $50, the
17 Department may authorize his returns to be filed on an annual
18 basis, with the return for a given year being due by January
19 20 of the 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 serviceman may file his
25 return, in the case of any serviceman who ceases to engage in
26 a kind of business which makes him responsible for filing
27 returns under this Act, such serviceman shall file a final
28 return under this Act with the Department not more than 1
29 month after discontinuing such business.
30 Where a serviceman collects the tax with respect to the
31 selling price of property which he sells and the purchaser
32 thereafter returns such property and the serviceman refunds
33 the selling price thereof to the purchaser, such serviceman
34 shall also refund, to the purchaser, the tax so collected
-24- LRB9101596PTpkA
1 from the purchaser. When filing his return for the period in
2 which he refunds such tax to the purchaser, the serviceman
3 may deduct the amount of the tax so refunded by him to the
4 purchaser from any other Service Use Tax, Service Occupation
5 Tax, retailers' occupation tax or use tax which such
6 serviceman may be required to pay or remit to the Department,
7 as shown by such return, provided that the amount of the tax
8 to be deducted shall previously have been remitted to the
9 Department by such serviceman. If the serviceman shall not
10 previously have remitted the amount of such tax to the
11 Department, he shall be entitled to no deduction hereunder
12 upon refunding such tax to the purchaser.
13 Any serviceman filing a return hereunder shall also
14 include the total tax upon the selling price of tangible
15 personal property purchased for use by him as an incident to
16 a sale of service, and such serviceman shall remit the amount
17 of such tax to the Department when filing such return.
18 If experience indicates such action to be practicable,
19 the Department may prescribe and furnish a combination or
20 joint return which will enable servicemen, who are required
21 to file returns hereunder and also under the Service
22 Occupation Tax Act, to furnish all the return information
23 required by both Acts on the one form.
24 Where the serviceman has more than one business
25 registered with the Department under separate registration
26 hereunder, such serviceman shall not file each return that is
27 due as a single return covering all such registered
28 businesses, but shall file separate returns for each such
29 registered business.
30 Beginning January 1, 1990, each month the Department
31 shall pay into the State and Local Tax Reform Fund, a special
32 fund in the State Treasury, the net revenue realized for the
33 preceding month from the 1% tax on sales of food for human
34 consumption which is to be consumed off the premises where it
-25- LRB9101596PTpkA
1 is sold (other than alcoholic beverages, soft drinks and food
2 which has been prepared for immediate consumption) and
3 prescription and nonprescription medicines, drugs, medical
4 appliances and insulin, urine testing materials, syringes and
5 needles used by diabetics.
6 Beginning January 1, 1990, each month the Department
7 shall pay into the State and Local Sales Tax Reform Fund 20%
8 of the net revenue realized for the preceding month from the
9 6.25% general rate on transfers of tangible personal
10 property, other than tangible personal property which is
11 purchased outside Illinois at retail from a retailer and
12 which is titled or registered by an agency of this State's
13 government.
14 Of the remainder of the moneys received by the Department
15 pursuant to this Act, (a) 1.75% thereof shall be paid into
16 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
17 and on and after July 1, 1989, 3.8% thereof shall be paid
18 into the Build Illinois Fund; provided, however, that if in
19 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
20 as the case may be, of the moneys received by the Department
21 and required to be paid into the Build Illinois Fund pursuant
22 to Section 3 of the Retailers' Occupation Tax Act, Section 9
23 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
24 Section 9 of the Service Occupation Tax Act, such Acts being
25 hereinafter called the "Tax Acts" and such aggregate of 2.2%
26 or 3.8%, as the case may be, of moneys being hereinafter
27 called the "Tax Act Amount", and (2) the amount transferred
28 to the Build Illinois Fund from the State and Local Sales Tax
29 Reform Fund shall be less than the Annual Specified Amount
30 (as defined in Section 3 of the Retailers' Occupation Tax
31 Act), an amount equal to the difference shall be immediately
32 paid into the Build Illinois Fund from other moneys received
33 by the Department pursuant to the Tax Acts; and further
34 provided, that if on the last business day of any month the
-26- LRB9101596PTpkA
1 sum of (1) the Tax Act Amount required to be deposited into
2 the Build Illinois Bond Account in the Build Illinois Fund
3 during such month and (2) the amount transferred during such
4 month to the Build Illinois Fund from the State and Local
5 Sales Tax Reform Fund shall have been less than 1/12 of the
6 Annual Specified Amount, an amount equal to the difference
7 shall be immediately paid into the Build Illinois Fund from
8 other moneys received by the Department pursuant to the Tax
9 Acts; and, further provided, that in no event shall the
10 payments required under the preceding proviso result in
11 aggregate payments into the Build Illinois Fund pursuant to
12 this clause (b) for any fiscal year in excess of the greater
13 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
14 for such fiscal year; and, further provided, that the amounts
15 payable into the Build Illinois Fund under this clause (b)
16 shall be payable only until such time as the aggregate amount
17 on deposit under each trust indenture securing Bonds issued
18 and outstanding pursuant to the Build Illinois Bond Act is
19 sufficient, taking into account any future investment income,
20 to fully provide, in accordance with such indenture, for the
21 defeasance of or the payment of the principal of, premium, if
22 any, and interest on the Bonds secured by such indenture and
23 on any Bonds expected to be issued thereafter and all fees
24 and costs payable with respect thereto, all as certified by
25 the Director of the Bureau of the Budget. If on the last
26 business day of any month in which Bonds are outstanding
27 pursuant to the Build Illinois Bond Act, the aggregate of the
28 moneys deposited in the Build Illinois Bond Account in the
29 Build Illinois Fund in such month shall be less than the
30 amount required to be transferred in such month from the
31 Build Illinois Bond Account to the Build Illinois Bond
32 Retirement and Interest Fund pursuant to Section 13 of the
33 Build Illinois Bond Act, an amount equal to such deficiency
34 shall be immediately paid from other moneys received by the
-27- LRB9101596PTpkA
1 Department pursuant to the Tax Acts to the Build Illinois
2 Fund; provided, however, that any amounts paid to the Build
3 Illinois Fund in any fiscal year pursuant to this sentence
4 shall be deemed to constitute payments pursuant to clause (b)
5 of the preceding sentence and shall reduce the amount
6 otherwise payable for such fiscal year pursuant to clause (b)
7 of the preceding sentence. The moneys received by the
8 Department pursuant to this Act and required to be deposited
9 into the Build Illinois Fund are subject to the pledge, claim
10 and charge set forth in Section 12 of the Build Illinois Bond
11 Act.
12 Subject to payment of amounts into the Build Illinois
13 Fund as provided in the preceding paragraph or in any
14 amendment thereto hereafter enacted, the following specified
15 monthly installment of the amount requested in the
16 certificate of the Chairman of the Metropolitan Pier and
17 Exposition Authority provided under Section 8.25f of the
18 State Finance Act, but not in excess of the sums designated
19 as "Total Deposit", shall be deposited in the aggregate from
20 collections under Section 9 of the Use Tax Act, Section 9 of
21 the Service Use Tax Act, Section 9 of the Service Occupation
22 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
23 into the McCormick Place Expansion Project Fund in the
24 specified fiscal years.
25 Fiscal Year Total Deposit
26 1993 $0
27 1994 53,000,000
28 1995 58,000,000
29 1996 61,000,000
30 1997 64,000,000
31 1998 68,000,000
32 1999 71,000,000
33 2000 75,000,000
34 2001 80,000,000
-28- LRB9101596PTpkA
1 2002 84,000,000
2 2003 89,000,000
3 2004 93,000,000
4 2005 97,000,000
5 2006 102,000,000
6 2007 and 106,000,000
7 each fiscal year
8 thereafter that bonds
9 are outstanding under
10 Section 13.2 of the
11 Metropolitan Pier and
12 Exposition Authority Act,
13 but not after fiscal year 2029.
14 Beginning July 20, 1993 and in each month of each fiscal
15 year thereafter, one-eighth of the amount requested in the
16 certificate of the Chairman of the Metropolitan Pier and
17 Exposition Authority for that fiscal year, less the amount
18 deposited into the McCormick Place Expansion Project Fund by
19 the State Treasurer in the respective month under subsection
20 (g) of Section 13 of the Metropolitan Pier and Exposition
21 Authority Act, plus cumulative deficiencies in the deposits
22 required under this Section for previous months and years,
23 shall be deposited into the McCormick Place Expansion Project
24 Fund, until the full amount requested for the fiscal year,
25 but not in excess of the amount specified above as "Total
26 Deposit", has been deposited.
27 Subject to payment of amounts into the Build Illinois
28 Fund and the McCormick Place Expansion Project Fund pursuant
29 to the preceding paragraphs or in any amendment thereto
30 hereafter enacted, each month the Department shall pay into
31 the Local Government Distributive Fund 0.4% of the net
32 revenue realized for the preceding month from the 5% general
33 rate or 0.4% of 80% of the net revenue realized for the
34 preceding month from the 6.25% general rate, as the case may
-29- LRB9101596PTpkA
1 be, on the selling price of tangible personal property which
2 amount shall, subject to appropriation, be distributed as
3 provided in Section 2 of the State Revenue Sharing Act. No
4 payments or distributions pursuant to this paragraph shall be
5 made if the tax imposed by this Act on photo processing
6 products is declared unconstitutional, or if the proceeds
7 from such tax are unavailable for distribution because of
8 litigation.
9 Subject to payment of amounts into the Build Illinois
10 Fund, the McCormick Place Expansion Project Fund, and the
11 Local Government Distributive Fund pursuant to the preceding
12 paragraphs or in any amendments thereto hereafter enacted,
13 beginning July 1, 1993, the Department shall each month pay
14 into the Illinois Tax Increment Fund 0.27% of 80% of the net
15 revenue realized for the preceding month from the 6.25%
16 general rate on the selling price of tangible personal
17 property.
18 Subject to payment of amounts into the Build Illinois
19 Fund, McCormick Place Expansion Project Fund, Local
20 Government Distributive Fund, and Illinois Tax Increment Fund
21 under the preceding paragraphs or any amendment to those
22 paragraphs enacted after the effective date of this
23 amendatory Act of the 91st General Assembly, beginning July
24 1, 1999 and ending June 30, 2009 unless otherwise extended by
25 law, the Department shall each month pay into the Illinois
26 Aquaculture Development Fund $83,335 in the aggregate from
27 collections under this Section, Section 9 of the Use Tax Act,
28 Section 9 of the Service Occupation Tax Act, and Section 3 of
29 the Retailers' Occupation Tax Act of the 80% of the net
30 revenue realized for the preceding month from the 6.25%
31 general rate on the selling price of tangible personal
32 property.
33 All remaining moneys received by the Department pursuant
34 to this Act shall be paid into the General Revenue Fund of
-30- LRB9101596PTpkA
1 the State Treasury.
2 As soon as possible after the first day of each month,
3 upon certification of the Department of Revenue, the
4 Comptroller shall order transferred and the Treasurer shall
5 transfer from the General Revenue Fund to the Motor Fuel Tax
6 Fund an amount equal to 1.7% of 80% of the net revenue
7 realized under this Act for the second preceding month;
8 except that this transfer shall not be made for the months
9 February through June, 1992.
10 Net revenue realized for a month shall be the revenue
11 collected by the State pursuant to this Act, less the amount
12 paid out during that month as refunds to taxpayers for
13 overpayment of liability.
14 (Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.)
15 Section 30. The Service Occupation Tax Act is amended by
16 changing Section 9 as follows:
17 (35 ILCS 115/9) (from Ch. 120, par. 439.109)
18 Sec. 9. Each serviceman required or authorized to
19 collect the tax herein imposed shall pay to the Department
20 the amount of such tax at the time when he is required to
21 file his return for the period during which such tax was
22 collectible, less a discount of 2.1% prior to January 1,
23 1990, and 1.75% on and after January 1, 1990, or $5 per
24 calendar year, whichever is greater, which is allowed to
25 reimburse the serviceman for expenses incurred in collecting
26 the tax, keeping records, preparing and filing returns,
27 remitting the tax and supplying data to the Department on
28 request.
29 Where such tangible personal property is sold under a
30 conditional sales contract, or under any other form of sale
31 wherein the payment of the principal sum, or a part thereof,
32 is extended beyond the close of the period for which the
-31- LRB9101596PTpkA
1 return is filed, the serviceman, in collecting the tax may
2 collect, for each tax return period, only the tax applicable
3 to the part of the selling price actually received during
4 such tax return period.
5 Except as provided hereinafter in this Section, on or
6 before the twentieth day of each calendar month, such
7 serviceman shall file a return for the preceding calendar
8 month in accordance with reasonable rules and regulations to
9 be promulgated by the Department of Revenue. Such return
10 shall be filed on a form prescribed by the Department and
11 shall contain such information as the Department may
12 reasonably require.
13 The Department may require returns to be filed on a
14 quarterly basis. If so required, a return for each calendar
15 quarter shall be filed on or before the twentieth day of the
16 calendar month following the end of such calendar quarter.
17 The taxpayer shall also file a return with the Department for
18 each of the first two months of each calendar quarter, on or
19 before the twentieth day of the following calendar month,
20 stating:
21 1. The name of the seller;
22 2. The address of the principal place of business
23 from which he engages in business as a serviceman in this
24 State;
25 3. The total amount of taxable receipts received by
26 him during the preceding calendar month, including
27 receipts from charge and time sales, but less all
28 deductions allowed by law;
29 4. The amount of credit provided in Section 2d of
30 this Act;
31 5. The amount of tax due;
32 5-5. The signature of the taxpayer; and
33 6. Such other reasonable information as the
34 Department may require.
-32- LRB9101596PTpkA
1 If a taxpayer fails to sign a return within 30 days after
2 the proper notice and demand for signature by the Department,
3 the return shall be considered valid and any amount shown to
4 be due on the return shall be deemed assessed.
5 A serviceman may accept a Manufacturer's Purchase Credit
6 certification from a purchaser in satisfaction of Service Use
7 Tax as provided in Section 3-70 of the Service Use Tax Act if
8 the purchaser provides the appropriate documentation as
9 required by Section 3-70 of the Service Use Tax Act. A
10 Manufacturer's Purchase Credit certification, accepted by a
11 serviceman as provided in Section 3-70 of the Service Use Tax
12 Act, may be used by that serviceman to satisfy Service
13 Occupation Tax liability in the amount claimed in the
14 certification, not to exceed 6.25% of the receipts subject to
15 tax from a qualifying purchase.
16 If the serviceman's average monthly tax liability to the
17 Department does not exceed $200, the Department may authorize
18 his returns to be filed on a quarter annual basis, with the
19 return for January, February and March of a given year being
20 due by April 20 of such year; with the return for April, May
21 and June of a given year being due by July 20 of such year;
22 with the return for July, August and September of a given
23 year being due by October 20 of such year, and with the
24 return for October, November and December of a given year
25 being due by January 20 of the following year.
26 If the serviceman's average monthly tax liability to the
27 Department does not exceed $50, the Department may authorize
28 his returns to be filed on an annual basis, with the return
29 for a given year being due by January 20 of the following
30 year.
31 Such quarter annual and annual returns, as to form and
32 substance, shall be subject to the same requirements as
33 monthly returns.
34 Notwithstanding any other provision in this Act
-33- LRB9101596PTpkA
1 concerning the time within which a serviceman may file his
2 return, in the case of any serviceman who ceases to engage in
3 a kind of business which makes him responsible for filing
4 returns under this Act, such serviceman shall file a final
5 return under this Act with the Department not more than 1
6 month after discontinuing such business.
7 Beginning October 1, 1993, a taxpayer who has an average
8 monthly tax liability of $150,000 or more shall make all
9 payments required by rules of the Department by electronic
10 funds transfer. Beginning October 1, 1994, a taxpayer who
11 has an average monthly tax liability of $100,000 or more
12 shall make all payments required by rules of the Department
13 by electronic funds transfer. Beginning October 1, 1995, a
14 taxpayer who has an average monthly tax liability of $50,000
15 or more shall make all payments required by rules of the
16 Department by electronic funds transfer. The term "average
17 monthly tax liability" means the sum of the taxpayer's
18 liabilities under this Act, and under all other State and
19 local occupation and use tax laws administered by the
20 Department, for the immediately preceding calendar year
21 divided by 12.
22 Before August 1 of each year beginning in 1993, the
23 Department shall notify all taxpayers required to make
24 payments by electronic funds transfer. All taxpayers
25 required to make payments by electronic funds transfer shall
26 make those payments for a minimum of one year beginning on
27 October 1.
28 Any taxpayer not required to make payments by electronic
29 funds transfer may make payments by electronic funds transfer
30 with the permission of the Department.
31 All taxpayers required to make payment by electronic
32 funds transfer and any taxpayers authorized to voluntarily
33 make payments by electronic funds transfer shall make those
34 payments in the manner authorized by the Department.
-34- LRB9101596PTpkA
1 The Department shall adopt such rules as are necessary to
2 effectuate a program of electronic funds transfer and the
3 requirements of this Section.
4 Where a serviceman collects the tax with respect to the
5 selling price of tangible personal property which he sells
6 and the purchaser thereafter returns such tangible personal
7 property and the serviceman refunds the selling price thereof
8 to the purchaser, such serviceman shall also refund, to the
9 purchaser, the tax so collected from the purchaser. When
10 filing his return for the period in which he refunds such tax
11 to the purchaser, the serviceman may deduct the amount of the
12 tax so refunded by him to the purchaser from any other
13 Service Occupation Tax, Service Use Tax, Retailers'
14 Occupation Tax or Use Tax which such serviceman may be
15 required to pay or remit to the Department, as shown by such
16 return, provided that the amount of the tax to be deducted
17 shall previously have been remitted to the Department by such
18 serviceman. If the serviceman shall not previously have
19 remitted the amount of such tax to the Department, he shall
20 be entitled to no deduction hereunder upon refunding such tax
21 to the purchaser.
22 If experience indicates such action to be practicable,
23 the Department may prescribe and furnish a combination or
24 joint return which will enable servicemen, who are required
25 to file returns hereunder and also under the Retailers'
26 Occupation Tax Act, the Use Tax Act or the Service Use Tax
27 Act, to furnish all the return information required by all
28 said Acts on the one form.
29 Where the serviceman has more than one business
30 registered with the Department under separate registrations
31 hereunder, such serviceman shall file separate returns for
32 each registered business.
33 Beginning January 1, 1990, each month the Department
34 shall pay into the Local Government Tax Fund the revenue
-35- LRB9101596PTpkA
1 realized for the preceding month from the 1% tax on sales of
2 food for human consumption which is to be consumed off the
3 premises where it is sold (other than alcoholic beverages,
4 soft drinks and food which has been prepared for immediate
5 consumption) and prescription and nonprescription medicines,
6 drugs, medical appliances and insulin, urine testing
7 materials, syringes and needles used by diabetics.
8 Beginning January 1, 1990, each month the Department
9 shall pay into the County and Mass Transit District Fund 4%
10 of the revenue realized for the preceding month from the
11 6.25% general rate.
12 Beginning January 1, 1990, each month the Department
13 shall pay into the Local Government Tax Fund 16% of the
14 revenue realized for the preceding month from the 6.25%
15 general rate on transfers of tangible personal property.
16 Of the remainder of the moneys received by the Department
17 pursuant to this Act, (a) 1.75% thereof shall be paid into
18 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
19 and on and after July 1, 1989, 3.8% thereof shall be paid
20 into the Build Illinois Fund; provided, however, that if in
21 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
22 as the case may be, of the moneys received by the Department
23 and required to be paid into the Build Illinois Fund pursuant
24 to Section 3 of the Retailers' Occupation Tax Act, Section 9
25 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
26 Section 9 of the Service Occupation Tax Act, such Acts being
27 hereinafter called the "Tax Acts" and such aggregate of 2.2%
28 or 3.8%, as the case may be, of moneys being hereinafter
29 called the "Tax Act Amount", and (2) the amount transferred
30 to the Build Illinois Fund from the State and Local Sales Tax
31 Reform Fund shall be less than the Annual Specified Amount
32 (as defined in Section 3 of the Retailers' Occupation Tax
33 Act), an amount equal to the difference shall be immediately
34 paid into the Build Illinois Fund from other moneys received
-36- LRB9101596PTpkA
1 by the Department pursuant to the Tax Acts; and further
2 provided, that if on the last business day of any month the
3 sum of (1) the Tax Act Amount required to be deposited into
4 the Build Illinois Account in the Build Illinois Fund during
5 such month and (2) the amount transferred during such month
6 to the Build Illinois Fund from the State and Local Sales Tax
7 Reform Fund shall have been less than 1/12 of the Annual
8 Specified Amount, an amount equal to the difference shall be
9 immediately paid into the Build Illinois Fund from other
10 moneys received by the Department pursuant to the Tax Acts;
11 and, further provided, that in no event shall the payments
12 required under the preceding proviso result in aggregate
13 payments into the Build Illinois Fund pursuant to this clause
14 (b) for any fiscal year in excess of the greater of (i) the
15 Tax Act Amount or (ii) the Annual Specified Amount for such
16 fiscal year; and, further provided, that the amounts payable
17 into the Build Illinois Fund under this clause (b) shall be
18 payable only until such time as the aggregate amount on
19 deposit under each trust indenture securing Bonds issued and
20 outstanding pursuant to the Build Illinois Bond Act is
21 sufficient, taking into account any future investment income,
22 to fully provide, in accordance with such indenture, for the
23 defeasance of or the payment of the principal of, premium, if
24 any, and interest on the Bonds secured by such indenture and
25 on any Bonds expected to be issued thereafter and all fees
26 and costs payable with respect thereto, all as certified by
27 the Director of the Bureau of the Budget. If on the last
28 business day of any month in which Bonds are outstanding
29 pursuant to the Build Illinois Bond Act, the aggregate of the
30 moneys deposited in the Build Illinois Bond Account in the
31 Build Illinois Fund in such month shall be less than the
32 amount required to be transferred in such month from the
33 Build Illinois Bond Account to the Build Illinois Bond
34 Retirement and Interest Fund pursuant to Section 13 of the
-37- LRB9101596PTpkA
1 Build Illinois Bond Act, an amount equal to such deficiency
2 shall be immediately paid from other moneys received by the
3 Department pursuant to the Tax Acts to the Build Illinois
4 Fund; provided, however, that any amounts paid to the Build
5 Illinois Fund in any fiscal year pursuant to this sentence
6 shall be deemed to constitute payments pursuant to clause (b)
7 of the preceding sentence and shall reduce the amount
8 otherwise payable for such fiscal year pursuant to clause (b)
9 of the preceding sentence. The moneys received by the
10 Department pursuant to this Act and required to be deposited
11 into the Build Illinois Fund are subject to the pledge, claim
12 and charge set forth in Section 12 of the Build Illinois Bond
13 Act.
14 Subject to payment of amounts into the Build Illinois
15 Fund as provided in the preceding paragraph or in any
16 amendment thereto hereafter enacted, the following specified
17 monthly installment of the amount requested in the
18 certificate of the Chairman of the Metropolitan Pier and
19 Exposition Authority provided under Section 8.25f of the
20 State Finance Act, but not in excess of the sums designated
21 as "Total Deposit", shall be deposited in the aggregate from
22 collections under Section 9 of the Use Tax Act, Section 9 of
23 the Service Use Tax Act, Section 9 of the Service Occupation
24 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
25 into the McCormick Place Expansion Project Fund in the
26 specified fiscal years.
27 Fiscal Year Total Deposit
28 1993 $0
29 1994 53,000,000
30 1995 58,000,000
31 1996 61,000,000
32 1997 64,000,000
33 1998 68,000,000
34 1999 71,000,000
-38- LRB9101596PTpkA
1 2000 75,000,000
2 2001 80,000,000
3 2002 84,000,000
4 2003 89,000,000
5 2004 93,000,000
6 2005 97,000,000
7 2006 102,000,000
8 2007 and 106,000,000
9 each fiscal year
10 thereafter that bonds
11 are outstanding under
12 Section 13.2 of the
13 Metropolitan Pier and
14 Exposition Authority
15 Act, but not after fiscal year 2029.
16 Beginning July 20, 1993 and in each month of each fiscal
17 year thereafter, one-eighth of the amount requested in the
18 certificate of the Chairman of the Metropolitan Pier and
19 Exposition Authority for that fiscal year, less the amount
20 deposited into the McCormick Place Expansion Project Fund by
21 the State Treasurer in the respective month under subsection
22 (g) of Section 13 of the Metropolitan Pier and Exposition
23 Authority Act, plus cumulative deficiencies in the deposits
24 required under this Section for previous months and years,
25 shall be deposited into the McCormick Place Expansion Project
26 Fund, until the full amount requested for the fiscal year,
27 but not in excess of the amount specified above as "Total
28 Deposit", has been deposited.
29 Subject to payment of amounts into the Build Illinois
30 Fund and the McCormick Place Expansion Project Fund pursuant
31 to the preceding paragraphs or in any amendment thereto
32 hereafter enacted, each month the Department shall pay into
33 the Local Government Distributive Fund 0.4% of the net
34 revenue realized for the preceding month from the 5% general
-39- LRB9101596PTpkA
1 rate or 0.4% of 80% of the net revenue realized for the
2 preceding month from the 6.25% general rate, as the case may
3 be, on the selling price of tangible personal property which
4 amount shall, subject to appropriation, be distributed as
5 provided in Section 2 of the State Revenue Sharing Act. No
6 payments or distributions pursuant to this paragraph shall be
7 made if the tax imposed by this Act on photoprocessing
8 products is declared unconstitutional, or if the proceeds
9 from such tax are unavailable for distribution because of
10 litigation.
11 Subject to payment of amounts into the Build Illinois
12 Fund, the McCormick Place Expansion Project Fund, and the
13 Local Government Distributive Fund pursuant to the preceding
14 paragraphs or in any amendments thereto hereafter enacted,
15 beginning July 1, 1993, the Department shall each month pay
16 into the Illinois Tax Increment Fund 0.27% of 80% of the net
17 revenue realized for the preceding month from the 6.25%
18 general rate on the selling price of tangible personal
19 property.
20 Subject to payment of amounts into the Build Illinois
21 Fund, McCormick Place Expansion Project Fund, Local
22 Government Distributive Fund, and Illinois Tax Increment Fund
23 under the preceding paragraphs or any amendment to those
24 paragraphs enacted after the effective date of this
25 amendatory Act of the 91st General Assembly, beginning July
26 1, 1999 and ending June 30, 2009 unless otherwise extended by
27 law, the Department shall each month pay into the Illinois
28 Aquaculture Development Fund $83,335 in the aggregate from
29 collections under this Section, Section 9 of the Use Tax Act,
30 Section 9 of the Service Use Tax Act, and Section 3 of the
31 Retailers' Occupation Tax Act of the 80% of the net revenue
32 realized for the preceding month from the 6.25% general rate
33 on the selling price of tangible personal property.
34 Remaining moneys received by the Department pursuant to
-40- LRB9101596PTpkA
1 this Act shall be paid into the General Revenue Fund of the
2 State Treasury.
3 The Department may, upon separate written notice to a
4 taxpayer, require the taxpayer to prepare and file with the
5 Department on a form prescribed by the Department within not
6 less than 60 days after receipt of the notice an annual
7 information return for the tax year specified in the notice.
8 Such annual return to the Department shall include a
9 statement of gross receipts as shown by the taxpayer's last
10 Federal income tax return. If the total receipts of the
11 business as reported in the Federal income tax return do not
12 agree with the gross receipts reported to the Department of
13 Revenue for the same period, the taxpayer shall attach to his
14 annual return a schedule showing a reconciliation of the 2
15 amounts and the reasons for the difference. The taxpayer's
16 annual return to the Department shall also disclose the cost
17 of goods sold by the taxpayer during the year covered by such
18 return, opening and closing inventories of such goods for
19 such year, cost of goods used from stock or taken from stock
20 and given away by the taxpayer during such year, pay roll
21 information of the taxpayer's business during such year and
22 any additional reasonable information which the Department
23 deems would be helpful in determining the accuracy of the
24 monthly, quarterly or annual returns filed by such taxpayer
25 as hereinbefore provided for in this Section.
26 If the annual information return required by this Section
27 is not filed when and as required, the taxpayer shall be
28 liable as follows:
29 (i) Until January 1, 1994, the taxpayer shall be
30 liable for a penalty equal to 1/6 of 1% of the tax due
31 from such taxpayer under this Act during the period to be
32 covered by the annual return for each month or fraction
33 of a month until such return is filed as required, the
34 penalty to be assessed and collected in the same manner
-41- LRB9101596PTpkA
1 as any other penalty provided for in this Act.
2 (ii) On and after January 1, 1994, the taxpayer
3 shall be liable for a penalty as described in Section 3-4
4 of the Uniform Penalty and Interest Act.
5 The chief executive officer, proprietor, owner or highest
6 ranking manager shall sign the annual return to certify the
7 accuracy of the information contained therein. Any person
8 who willfully signs the annual return containing false or
9 inaccurate information shall be guilty of perjury and
10 punished accordingly. The annual return form prescribed by
11 the Department shall include a warning that the person
12 signing the return may be liable for perjury.
13 The foregoing portion of this Section concerning the
14 filing of an annual information return shall not apply to a
15 serviceman who is not required to file an income tax return
16 with the United States Government.
17 As soon as possible after the first day of each month,
18 upon certification of the Department of Revenue, the
19 Comptroller shall order transferred and the Treasurer shall
20 transfer from the General Revenue Fund to the Motor Fuel Tax
21 Fund an amount equal to 1.7% of 80% of the net revenue
22 realized under this Act for the second preceding month;
23 except that this transfer shall not be made for the months
24 February through June, 1992.
25 Net revenue realized for a month shall be the revenue
26 collected by the State pursuant to this Act, less the amount
27 paid out during that month as refunds to taxpayers for
28 overpayment of liability.
29 For greater simplicity of administration, it shall be
30 permissible for manufacturers, importers and wholesalers
31 whose products are sold by numerous servicemen in Illinois,
32 and who wish to do so, to assume the responsibility for
33 accounting and paying to the Department all tax accruing
34 under this Act with respect to such sales, if the servicemen
-42- LRB9101596PTpkA
1 who are affected do not make written objection to the
2 Department to this arrangement.
3 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
4 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-612, eff.
5 7-8-98.)
6 Section 35. The Retailers' Occupation Tax Act is amended
7 by changing Section 3 as follows:
8 (35 ILCS 120/3) (from Ch. 120, par. 442)
9 Sec. 3. Except as provided in this Section, on or before
10 the twentieth day of each calendar month, every person
11 engaged in the business of selling tangible personal property
12 at retail in this State during the preceding calendar month
13 shall file a return with the Department, stating:
14 1. The name of the seller;
15 2. His residence address and the address of his
16 principal place of business and the address of the
17 principal place of business (if that is a different
18 address) from which he engages in the business of selling
19 tangible personal property at retail in this State;
20 3. Total amount of receipts received by him during
21 the preceding calendar month or quarter, as the case may
22 be, from sales of tangible personal property, and from
23 services furnished, by him during such preceding calendar
24 month or quarter;
25 4. Total amount received by him during the
26 preceding calendar month or quarter on charge and time
27 sales of tangible personal property, and from services
28 furnished, by him prior to the month or quarter for which
29 the return is filed;
30 5. Deductions allowed by law;
31 6. Gross receipts which were received by him during
32 the preceding calendar month or quarter and upon the
-43- LRB9101596PTpkA
1 basis of which the tax is imposed;
2 7. The amount of credit provided in Section 2d of
3 this Act;
4 8. The amount of tax due;
5 9. The signature of the taxpayer; and
6 10. Such other reasonable information as the
7 Department may require.
8 If a taxpayer fails to sign a return within 30 days after
9 the proper notice and demand for signature by the Department,
10 the return shall be considered valid and any amount shown to
11 be due on the return shall be deemed assessed.
12 Each return shall be accompanied by the statement of
13 prepaid tax issued pursuant to Section 2e for which credit is
14 claimed.
15 A retailer may accept a Manufacturer's Purchase Credit
16 certification from a purchaser in satisfaction of Use Tax as
17 provided in Section 3-85 of the Use Tax Act if the purchaser
18 provides the appropriate documentation as required by Section
19 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
20 certification, accepted by a retailer as provided in Section
21 3-85 of the Use Tax Act, may be used by that retailer to
22 satisfy Retailers' Occupation Tax liability in the amount
23 claimed in the certification, not to exceed 6.25% of the
24 receipts subject to tax from a qualifying purchase.
25 The Department may require returns to be filed on a
26 quarterly basis. If so required, a return for each calendar
27 quarter shall be filed on or before the twentieth day of the
28 calendar month following the end of such calendar quarter.
29 The taxpayer shall also file a return with the Department for
30 each of the first two months of each calendar quarter, on or
31 before the twentieth day of the following calendar month,
32 stating:
33 1. The name of the seller;
34 2. The address of the principal place of business
-44- LRB9101596PTpkA
1 from which he engages in the business of selling tangible
2 personal property at retail in this State;
3 3. The total amount of taxable receipts received by
4 him during the preceding calendar month from sales of
5 tangible personal property by him during such preceding
6 calendar month, including receipts from charge and time
7 sales, but less all deductions allowed by law;
8 4. The amount of credit provided in Section 2d of
9 this Act;
10 5. The amount of tax due; and
11 6. Such other reasonable information as the
12 Department may require.
13 If a total amount of less than $1 is payable, refundable
14 or creditable, such amount shall be disregarded if it is less
15 than 50 cents and shall be increased to $1 if it is 50 cents
16 or more.
17 Beginning October 1, 1993, a taxpayer who has an average
18 monthly tax liability of $150,000 or more shall make all
19 payments required by rules of the Department by electronic
20 funds transfer. Beginning October 1, 1994, a taxpayer who
21 has an average monthly tax liability of $100,000 or more
22 shall make all payments required by rules of the Department
23 by electronic funds transfer. Beginning October 1, 1995, a
24 taxpayer who has an average monthly tax liability of $50,000
25 or more shall make all payments required by rules of the
26 Department by electronic funds transfer. The term "average
27 monthly tax liability" shall be the sum of the taxpayer's
28 liabilities under this Act, and under all other State and
29 local occupation and use tax laws administered by the
30 Department, for the immediately preceding calendar year
31 divided by 12.
32 Before August 1 of each year beginning in 1993, the
33 Department shall notify all taxpayers required to make
34 payments by electronic funds transfer. All taxpayers
-45- LRB9101596PTpkA
1 required to make payments by electronic funds transfer shall
2 make those payments for a minimum of one year beginning on
3 October 1.
4 Any taxpayer not required to make payments by electronic
5 funds transfer may make payments by electronic funds transfer
6 with the permission of the Department.
7 All taxpayers required to make payment by electronic
8 funds transfer and any taxpayers authorized to voluntarily
9 make payments by electronic funds transfer shall make those
10 payments in the manner authorized by the Department.
11 The Department shall adopt such rules as are necessary to
12 effectuate a program of electronic funds transfer and the
13 requirements of this Section.
14 Any amount which is required to be shown or reported on
15 any return or other document under this Act shall, if such
16 amount is not a whole-dollar amount, be increased to the
17 nearest whole-dollar amount in any case where the fractional
18 part of a dollar is 50 cents or more, and decreased to the
19 nearest whole-dollar amount where the fractional part of a
20 dollar is less than 50 cents.
21 If the retailer is otherwise required to file a monthly
22 return and if the retailer's average monthly tax liability to
23 the Department does not exceed $200, the Department may
24 authorize his returns to be filed on a quarter annual basis,
25 with the return for January, February and March of a given
26 year being due by April 20 of such year; with the return for
27 April, May and June of a given year being due by July 20 of
28 such year; with the return for July, August and September of
29 a given year being due by October 20 of such year, and with
30 the return for October, November and December of a given year
31 being due by January 20 of the following year.
32 If the retailer is otherwise required to file a monthly
33 or quarterly return and if the retailer's average monthly tax
34 liability with the Department does not exceed $50, the
-46- LRB9101596PTpkA
1 Department may authorize his returns to be filed on an annual
2 basis, with the return for a given year being due by January
3 20 of the 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 retailer may file his
9 return, in the case of any retailer who ceases to engage in a
10 kind of business which makes him responsible for filing
11 returns under this Act, such retailer shall file a final
12 return under this Act with the Department not more than one
13 month after discontinuing such business.
14 Where the same person has more than one business
15 registered with the Department under separate registrations
16 under this Act, such person may not file each return that is
17 due as a single return covering all such registered
18 businesses, but shall file separate returns for each such
19 registered business.
20 In addition, with respect to motor vehicles, watercraft,
21 aircraft, and trailers that are required to be registered
22 with an agency of this State, every retailer selling this
23 kind of tangible personal property shall file, with the
24 Department, upon a form to be prescribed and supplied by the
25 Department, a separate return for each such item of tangible
26 personal property which the retailer sells, except that
27 where, in the same transaction, a retailer of aircraft,
28 watercraft, motor vehicles or trailers transfers more than
29 one aircraft, watercraft, motor vehicle or trailer to another
30 aircraft, watercraft, motor vehicle retailer or trailer
31 retailer for the purpose of resale, that seller for resale
32 may report the transfer of all aircraft, watercraft, motor
33 vehicles or trailers involved in that transaction to the
34 Department on the same uniform invoice-transaction reporting
-47- LRB9101596PTpkA
1 return form. For purposes of this Section, "watercraft"
2 means a Class 2, Class 3, or Class 4 watercraft as defined in
3 Section 3-2 of the Boat Registration and Safety Act, a
4 personal watercraft, or any boat equipped with an inboard
5 motor.
6 Any retailer who sells only motor vehicles, watercraft,
7 aircraft, or trailers that are required to be registered with
8 an agency of this State, so that all retailers' occupation
9 tax liability is required to be reported, and is reported, on
10 such transaction reporting returns and who is not otherwise
11 required to file monthly or quarterly returns, need not file
12 monthly or quarterly returns. However, those retailers shall
13 be required to file returns on an annual basis.
14 The transaction reporting return, in the case of motor
15 vehicles or trailers that are required to be registered with
16 an agency of this State, shall be the same document as the
17 Uniform Invoice referred to in Section 5-402 of The Illinois
18 Vehicle Code and must show the name and address of the
19 seller; the name and address of the purchaser; the amount of
20 the selling price including the amount allowed by the
21 retailer for traded-in property, if any; the amount allowed
22 by the retailer for the traded-in tangible personal property,
23 if any, to the extent to which Section 1 of this Act allows
24 an exemption for the value of traded-in property; the balance
25 payable after deducting such trade-in allowance from the
26 total selling price; the amount of tax due from the retailer
27 with respect to such transaction; the amount of tax collected
28 from the purchaser by the retailer on such transaction (or
29 satisfactory evidence that such tax is not due in that
30 particular instance, if that is claimed to be the fact); the
31 place and date of the sale; a sufficient identification of
32 the property sold; such other information as is required in
33 Section 5-402 of The Illinois Vehicle Code, and such other
34 information as the Department may reasonably require.
-48- LRB9101596PTpkA
1 The transaction reporting return in the case of
2 watercraft or aircraft must show the name and address of the
3 seller; the name and address of the purchaser; the amount of
4 the selling price including the amount allowed by the
5 retailer for traded-in property, if any; the amount allowed
6 by the retailer for the traded-in tangible personal property,
7 if any, to the extent to which Section 1 of this Act allows
8 an exemption for the value of traded-in property; the balance
9 payable after deducting such trade-in allowance from the
10 total selling price; the amount of tax due from the retailer
11 with respect to such transaction; the amount of tax collected
12 from the purchaser by the retailer on such transaction (or
13 satisfactory evidence that such tax is not due in that
14 particular instance, if that is claimed to be the fact); the
15 place and date of the sale, a sufficient identification of
16 the property sold, and such other information as the
17 Department may reasonably require.
18 Such transaction reporting return shall be filed not
19 later than 20 days after the day of delivery of the item that
20 is being sold, but may be filed by the retailer at any time
21 sooner than that if he chooses to do so. The transaction
22 reporting return and tax remittance or proof of exemption
23 from the Illinois use tax may be transmitted to the
24 Department by way of the State agency with which, or State
25 officer with whom the tangible personal property must be
26 titled or registered (if titling or registration is required)
27 if the Department and such agency or State officer determine
28 that this procedure will expedite the processing of
29 applications for title or registration.
30 With each such transaction reporting return, the retailer
31 shall remit the proper amount of tax due (or shall submit
32 satisfactory evidence that the sale is not taxable if that is
33 the case), to the Department or its agents, whereupon the
34 Department shall issue, in the purchaser's name, a use tax
-49- LRB9101596PTpkA
1 receipt (or a certificate of exemption if the Department is
2 satisfied that the particular sale is tax exempt) which such
3 purchaser may submit to the agency with which, or State
4 officer with whom, he must title or register the tangible
5 personal property that is involved (if titling or
6 registration is required) in support of such purchaser's
7 application for an Illinois certificate or other evidence of
8 title or registration to such tangible personal property.
9 No retailer's failure or refusal to remit tax under this
10 Act precludes a user, who has paid the proper tax to the
11 retailer, from obtaining his certificate of title or other
12 evidence of title or registration (if titling or registration
13 is required) upon satisfying the Department that such user
14 has paid the proper tax (if tax is due) to the retailer. The
15 Department shall adopt appropriate rules to carry out the
16 mandate of this paragraph.
17 If the user who would otherwise pay tax to the retailer
18 wants the transaction reporting return filed and the payment
19 of the tax or proof of exemption made to the Department
20 before the retailer is willing to take these actions and such
21 user has not paid the tax to the retailer, such user may
22 certify to the fact of such delay by the retailer and may
23 (upon the Department being satisfied of the truth of such
24 certification) transmit the information required by the
25 transaction reporting return and the remittance for tax or
26 proof of exemption directly to the Department and obtain his
27 tax receipt or exemption determination, in which event the
28 transaction reporting return and tax remittance (if a tax
29 payment was required) shall be credited by the Department to
30 the proper retailer's account with the Department, but
31 without the 2.1% or 1.75% discount provided for in this
32 Section being allowed. When the user pays the tax directly
33 to the Department, he shall pay the tax in the same amount
34 and in the same form in which it would be remitted if the tax
-50- LRB9101596PTpkA
1 had been remitted to the Department by the retailer.
2 Refunds made by the seller during the preceding return
3 period to purchasers, on account of tangible personal
4 property returned to the seller, shall be allowed as a
5 deduction under subdivision 5 of his monthly or quarterly
6 return, as the case may be, in case the seller had
7 theretofore included the receipts from the sale of such
8 tangible personal property in a return filed by him and had
9 paid the tax imposed by this Act with respect to such
10 receipts.
11 Where the seller is a corporation, the return filed on
12 behalf of such corporation shall be signed by the president,
13 vice-president, secretary or treasurer or by the properly
14 accredited agent of such corporation.
15 Where the seller is a limited liability company, the
16 return filed on behalf of the limited liability company shall
17 be signed by a manager, member, or properly accredited agent
18 of the limited liability company.
19 Except as provided in this Section, the retailer filing
20 the return under this Section shall, at the time of filing
21 such return, pay to the Department the amount of tax imposed
22 by this Act less a discount of 2.1% prior to January 1, 1990
23 and 1.75% on and after January 1, 1990, or $5 per calendar
24 year, whichever is greater, which is allowed to reimburse the
25 retailer for the expenses incurred in keeping records,
26 preparing and filing returns, remitting the tax and supplying
27 data to the Department on request. Any prepayment made
28 pursuant to Section 2d of this Act shall be included in the
29 amount on which such 2.1% or 1.75% discount is computed. In
30 the case of retailers who report and pay the tax on a
31 transaction by transaction basis, as provided in this
32 Section, such discount shall be taken with each such tax
33 remittance instead of when such retailer files his periodic
34 return.
-51- LRB9101596PTpkA
1 If the taxpayer's average monthly tax liability to the
2 Department under this Act, the Use Tax Act, the Service
3 Occupation Tax Act, and the Service Use Tax Act, excluding
4 any liability for prepaid sales tax to be remitted in
5 accordance with Section 2d of this Act, was $10,000 or more
6 during the preceding 4 complete calendar quarters, he shall
7 file a return with the Department each month by the 20th day
8 of the month next following the month during which such tax
9 liability is incurred and shall make payments to the
10 Department on or before the 7th, 15th, 22nd and last day of
11 the month during which such liability is incurred. If the
12 month during which such tax liability is incurred began prior
13 to January 1, 1985, each payment shall be in an amount equal
14 to 1/4 of the taxpayer's actual liability for the month or an
15 amount set by the Department not to exceed 1/4 of the average
16 monthly liability of the taxpayer to the Department for the
17 preceding 4 complete calendar quarters (excluding the month
18 of highest liability and the month of lowest liability in
19 such 4 quarter period). If the month during which such tax
20 liability is incurred begins on or after January 1, 1985 and
21 prior to January 1, 1987, each payment shall be in an amount
22 equal to 22.5% of the taxpayer's actual liability for the
23 month or 27.5% of the taxpayer's liability for the same
24 calendar month of the preceding year. If the month during
25 which such tax liability is incurred begins on or after
26 January 1, 1987 and prior to January 1, 1988, each payment
27 shall be in an amount equal to 22.5% of the taxpayer's actual
28 liability for the month or 26.25% of the taxpayer's liability
29 for the same calendar month of the preceding year. If the
30 month during which such tax liability is incurred begins on
31 or after January 1, 1988, and prior to January 1, 1989, or
32 begins on or after January 1, 1996, each payment shall be in
33 an amount equal to 22.5% of the taxpayer's actual liability
34 for the month or 25% of the taxpayer's liability for the same
-52- LRB9101596PTpkA
1 calendar month of the preceding year. If the month during
2 which such tax liability is incurred begins on or after
3 January 1, 1989, and prior to January 1, 1996, each payment
4 shall be in an amount equal to 22.5% of the taxpayer's actual
5 liability for the month or 25% of the taxpayer's liability
6 for the same calendar month of the preceding year or 100% of
7 the taxpayer's actual liability for the quarter monthly
8 reporting period. The amount of such quarter monthly
9 payments shall be credited against the final tax liability of
10 the taxpayer's return for that month. Once applicable, the
11 requirement of the making of quarter monthly payments to the
12 Department by taxpayers having an average monthly tax
13 liability of $10,000 or more as determined in the manner
14 provided above shall continue until such taxpayer's average
15 monthly liability to the Department during the preceding 4
16 complete calendar quarters (excluding the month of highest
17 liability and the month of lowest liability) is less than
18 $9,000, or until such taxpayer's average monthly liability to
19 the Department as computed for each calendar quarter of the 4
20 preceding complete calendar quarter period is less than
21 $10,000. However, if a taxpayer can show the Department that
22 a substantial change in the taxpayer's business has occurred
23 which causes the taxpayer to anticipate that his average
24 monthly tax liability for the reasonably foreseeable future
25 will fall below $10,000, then such taxpayer may petition the
26 Department for a change in such taxpayer's reporting status.
27 The Department shall change such taxpayer's reporting status
28 unless it finds that such change is seasonal in nature and
29 not likely to be long term. If any such quarter monthly
30 payment is not paid at the time or in the amount required by
31 this Section, then the taxpayer shall be liable for penalties
32 and interest on the difference between the minimum amount due
33 as a payment and the amount of such quarter monthly payment
34 actually and timely paid, except insofar as the taxpayer has
-53- LRB9101596PTpkA
1 previously made payments for that month to the Department in
2 excess of the minimum payments previously due as provided in
3 this Section. The Department shall make reasonable rules and
4 regulations to govern the quarter monthly payment amount and
5 quarter monthly payment dates for taxpayers who file on other
6 than a calendar monthly basis.
7 Without regard to whether a taxpayer is required to make
8 quarter monthly payments as specified above, any taxpayer who
9 is required by Section 2d of this Act to collect and remit
10 prepaid taxes and has collected prepaid taxes which average
11 in excess of $25,000 per month during the preceding 2
12 complete calendar quarters, shall file a return with the
13 Department as required by Section 2f and shall make payments
14 to the Department on or before the 7th, 15th, 22nd and last
15 day of the month during which such liability is incurred. If
16 the month during which such tax liability is incurred began
17 prior to the effective date of this amendatory Act of 1985,
18 each payment shall be in an amount not less than 22.5% of the
19 taxpayer's actual liability under Section 2d. If the month
20 during which such tax liability is incurred begins on or
21 after January 1, 1986, each payment shall be in an amount
22 equal to 22.5% of the taxpayer's actual liability for the
23 month or 27.5% of the taxpayer's liability for the same
24 calendar month of the preceding calendar year. If the month
25 during which such tax liability is incurred begins on or
26 after January 1, 1987, each payment shall be in an amount
27 equal to 22.5% of the taxpayer's actual liability for the
28 month or 26.25% of the taxpayer's liability for the same
29 calendar month of the preceding year. The amount of such
30 quarter monthly payments shall be credited against the final
31 tax liability of the taxpayer's return for that month filed
32 under this Section or Section 2f, as the case may be. Once
33 applicable, the requirement of the making of quarter monthly
34 payments to the Department pursuant to this paragraph shall
-54- LRB9101596PTpkA
1 continue until such taxpayer's average monthly prepaid tax
2 collections during the preceding 2 complete calendar quarters
3 is $25,000 or less. If any such quarter monthly payment is
4 not paid at the time or in the amount required, the taxpayer
5 shall be liable for penalties and interest on such
6 difference, except insofar as the taxpayer has previously
7 made payments for that month in excess of the minimum
8 payments previously due.
9 If any payment provided for in this Section exceeds the
10 taxpayer's liabilities under this Act, the Use Tax Act, the
11 Service Occupation Tax Act and the Service Use Tax Act, as
12 shown on an original monthly return, the Department shall, if
13 requested by the taxpayer, issue to the taxpayer a credit
14 memorandum no later than 30 days after the date of payment.
15 The credit evidenced by such credit memorandum may be
16 assigned by the taxpayer to a similar taxpayer under this
17 Act, the Use Tax Act, the Service Occupation Tax Act or the
18 Service Use Tax Act, in accordance with reasonable rules and
19 regulations to be prescribed by the Department. If no such
20 request is made, the taxpayer may credit such excess payment
21 against tax liability subsequently to be remitted to the
22 Department under this Act, the Use Tax Act, the Service
23 Occupation Tax Act or the Service Use Tax Act, in accordance
24 with reasonable rules and regulations prescribed by the
25 Department. If the Department subsequently determined that
26 all or any part of the credit taken was not actually due to
27 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
28 shall be reduced by 2.1% or 1.75% of the difference between
29 the credit taken and that actually due, and that taxpayer
30 shall be liable for penalties and interest on such
31 difference.
32 If a retailer of motor fuel is entitled to a credit under
33 Section 2d of this Act which exceeds the taxpayer's liability
34 to the Department under this Act for the month which the
-55- LRB9101596PTpkA
1 taxpayer is filing a return, the Department shall issue the
2 taxpayer a credit memorandum for the excess.
3 Beginning January 1, 1990, each month the Department
4 shall pay into the Local Government Tax Fund, a special fund
5 in the State treasury which is hereby created, the net
6 revenue realized for the preceding month from the 1% tax on
7 sales of food for human consumption which is to be consumed
8 off the premises where it is sold (other than alcoholic
9 beverages, soft drinks and food which has been prepared for
10 immediate consumption) and prescription and nonprescription
11 medicines, drugs, medical appliances and insulin, urine
12 testing materials, syringes and needles used by diabetics.
13 Beginning January 1, 1990, each month the Department
14 shall pay into the County and Mass Transit District Fund, a
15 special fund in the State treasury which is hereby created,
16 4% of the net revenue realized for the preceding month from
17 the 6.25% general rate.
18 Beginning January 1, 1990, each month the Department
19 shall pay into the Local Government Tax Fund 16% of the net
20 revenue realized for the preceding month from the 6.25%
21 general rate on the selling price of tangible personal
22 property.
23 Of the remainder of the moneys received by the Department
24 pursuant to this Act, (a) 1.75% thereof shall be paid into
25 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
26 and on and after July 1, 1989, 3.8% thereof shall be paid
27 into the Build Illinois Fund; provided, however, that if in
28 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
29 as the case may be, of the moneys received by the Department
30 and required to be paid into the Build Illinois Fund pursuant
31 to this Act, Section 9 of the Use Tax Act, Section 9 of the
32 Service Use Tax Act, and Section 9 of the Service Occupation
33 Tax Act, such Acts being hereinafter called the "Tax Acts"
34 and such aggregate of 2.2% or 3.8%, as the case may be, of
-56- LRB9101596PTpkA
1 moneys being hereinafter called the "Tax Act Amount", and (2)
2 the amount transferred to the Build Illinois Fund from the
3 State and Local Sales Tax Reform Fund shall be less than the
4 Annual Specified Amount (as hereinafter defined), an amount
5 equal to the difference shall be immediately paid into the
6 Build Illinois Fund from other moneys received by the
7 Department pursuant to the Tax Acts; the "Annual Specified
8 Amount" means the amounts specified below for fiscal years
9 1986 through 1993:
10 Fiscal Year Annual Specified Amount
11 1986 $54,800,000
12 1987 $76,650,000
13 1988 $80,480,000
14 1989 $88,510,000
15 1990 $115,330,000
16 1991 $145,470,000
17 1992 $182,730,000
18 1993 $206,520,000;
19 and means the Certified Annual Debt Service Requirement (as
20 defined in Section 13 of the Build Illinois Bond Act) or the
21 Tax Act Amount, whichever is greater, for fiscal year 1994
22 and each fiscal year thereafter; and further provided, that
23 if on the last business day of any month the sum of (1) the
24 Tax Act Amount required to be deposited into the Build
25 Illinois Bond Account in the Build Illinois Fund during such
26 month and (2) the amount transferred to the Build Illinois
27 Fund from the State and Local Sales Tax Reform Fund shall
28 have been less than 1/12 of the Annual Specified Amount, an
29 amount equal to the difference shall be immediately paid into
30 the Build Illinois Fund from other moneys received by the
31 Department pursuant to the Tax Acts; and, further provided,
32 that in no event shall the payments required under the
33 preceding proviso result in aggregate payments into the Build
34 Illinois Fund pursuant to this clause (b) for any fiscal year
-57- LRB9101596PTpkA
1 in excess of the greater of (i) the Tax Act Amount or (ii)
2 the Annual Specified Amount for such fiscal year. The
3 amounts payable into the Build Illinois Fund under clause (b)
4 of the first sentence in this paragraph shall be payable only
5 until such time as the aggregate amount on deposit under each
6 trust indenture securing Bonds issued and outstanding
7 pursuant to the Build Illinois Bond Act is sufficient, taking
8 into account any future investment income, to fully provide,
9 in accordance with such indenture, for the defeasance of or
10 the payment of the principal of, premium, if any, and
11 interest on the Bonds secured by such indenture and on any
12 Bonds expected to be issued thereafter and all fees and costs
13 payable with respect thereto, all as certified by the
14 Director of the Bureau of the Budget. If on the last
15 business day of any month in which Bonds are outstanding
16 pursuant to the Build Illinois Bond Act, the aggregate of
17 moneys deposited in the Build Illinois Bond Account in the
18 Build Illinois Fund in such month shall be less than the
19 amount required to be transferred in such month from the
20 Build Illinois Bond Account to the Build Illinois Bond
21 Retirement and Interest Fund pursuant to Section 13 of the
22 Build Illinois Bond Act, an amount equal to such deficiency
23 shall be immediately paid from other moneys received by the
24 Department pursuant to the Tax Acts to the Build Illinois
25 Fund; provided, however, that any amounts paid to the Build
26 Illinois Fund in any fiscal year pursuant to this sentence
27 shall be deemed to constitute payments pursuant to clause (b)
28 of the first sentence of this paragraph and shall reduce the
29 amount otherwise payable for such fiscal year pursuant to
30 that clause (b). The moneys received by the Department
31 pursuant to this Act and required to be deposited into the
32 Build Illinois Fund are subject to the pledge, claim and
33 charge set forth in Section 12 of the Build Illinois Bond
34 Act.
-58- LRB9101596PTpkA
1 Subject to payment of amounts into the Build Illinois
2 Fund as provided in the preceding paragraph or in any
3 amendment thereto hereafter enacted, the following specified
4 monthly installment of the amount requested in the
5 certificate of the Chairman of the Metropolitan Pier and
6 Exposition Authority provided under Section 8.25f of the
7 State Finance Act, but not in excess of sums designated as
8 "Total Deposit", shall be deposited in the aggregate from
9 collections under Section 9 of the Use Tax Act, Section 9 of
10 the Service Use Tax Act, Section 9 of the Service Occupation
11 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
12 into the McCormick Place Expansion Project Fund in the
13 specified fiscal years.
14 Fiscal Year Total Deposit
15 1993 $0
16 1994 53,000,000
17 1995 58,000,000
18 1996 61,000,000
19 1997 64,000,000
20 1998 68,000,000
21 1999 71,000,000
22 2000 75,000,000
23 2001 80,000,000
24 2002 84,000,000
25 2003 89,000,000
26 2004 93,000,000
27 2005 97,000,000
28 2006 102,000,000
29 2007 and 106,000,000
30 each fiscal year
31 thereafter that bonds
32 are outstanding under
33 Section 13.2 of the
34 Metropolitan Pier and
-59- LRB9101596PTpkA
1 Exposition Authority
2 Act, but not after fiscal year 2029.
3 Beginning July 20, 1993 and in each month of each fiscal
4 year thereafter, one-eighth of the amount requested in the
5 certificate of the Chairman of the Metropolitan Pier and
6 Exposition Authority for that fiscal year, less the amount
7 deposited into the McCormick Place Expansion Project Fund by
8 the State Treasurer in the respective month under subsection
9 (g) of Section 13 of the Metropolitan Pier and Exposition
10 Authority Act, plus cumulative deficiencies in the deposits
11 required under this Section for previous months and years,
12 shall be deposited into the McCormick Place Expansion Project
13 Fund, until the full amount requested for the fiscal year,
14 but not in excess of the amount specified above as "Total
15 Deposit", has been deposited.
16 Subject to payment of amounts into the Build Illinois
17 Fund and the McCormick Place Expansion Project Fund pursuant
18 to the preceding paragraphs or in any amendment thereto
19 hereafter enacted, each month the Department shall pay into
20 the Local Government Distributive Fund 0.4% of the net
21 revenue realized for the preceding month from the 5% general
22 rate or 0.4% of 80% of the net revenue realized for the
23 preceding month from the 6.25% general rate, as the case may
24 be, on the selling price of tangible personal property which
25 amount shall, subject to appropriation, be distributed as
26 provided in Section 2 of the State Revenue Sharing Act. No
27 payments or distributions pursuant to this paragraph shall be
28 made if the tax imposed by this Act on photoprocessing
29 products is declared unconstitutional, or if the proceeds
30 from such tax are unavailable for distribution because of
31 litigation.
32 Subject to payment of amounts into the Build Illinois
33 Fund, the McCormick Place Expansion Project to the preceding
34 paragraphs or in any amendments thereto hereafter enacted,
-60- LRB9101596PTpkA
1 beginning July 1, 1993, the Department shall each month pay
2 into the Illinois Tax Increment Fund 0.27% of 80% of the net
3 revenue realized for the preceding month from the 6.25%
4 general rate on the selling price of tangible personal
5 property.
6 Subject to payment of amounts into the Build Illinois
7 Fund, McCormick Place Expansion Project Fund, Local
8 Government Distributive Fund, and Illinois Tax Increment Fund
9 under the preceding paragraphs or any amendment to those
10 paragraphs enacted after the effective date of this
11 amendatory Act of the 91st General Assembly, beginning July
12 1, 1999 and ending June 30, 2009 unless otherwise extended by
13 law, the Department shall each month pay into the Illinois
14 Aquaculture Development Fund $83,335 in the aggregate from
15 collections under this Section, Section 9 of the Use Tax Act,
16 Section 9 of the Service Use Tax Act, and Section 9 of the
17 Service Occupation Tax Act of the 80% of the net revenue
18 realized for the preceding month from the 6.25% general rate
19 on the gross receipts from sales of tangible personal
20 property.
21 Of the remainder of the moneys received by the Department
22 pursuant to this Act, 75% thereof shall be paid into the
23 State Treasury and 25% shall be reserved in a special account
24 and used only for the transfer to the Common School Fund as
25 part of the monthly transfer from the General Revenue Fund in
26 accordance with Section 8a of the State Finance Act.
27 The Department may, upon separate written notice to a
28 taxpayer, require the taxpayer to prepare and file with the
29 Department on a form prescribed by the Department within not
30 less than 60 days after receipt of the notice an annual
31 information return for the tax year specified in the notice.
32 Such annual return to the Department shall include a
33 statement of gross receipts as shown by the retailer's last
34 Federal income tax return. If the total receipts of the
-61- LRB9101596PTpkA
1 business as reported in the Federal income tax return do not
2 agree with the gross receipts reported to the Department of
3 Revenue for the same period, the retailer shall attach to his
4 annual return a schedule showing a reconciliation of the 2
5 amounts and the reasons for the difference. The retailer's
6 annual return to the Department shall also disclose the cost
7 of goods sold by the retailer during the year covered by such
8 return, opening and closing inventories of such goods for
9 such year, costs of goods used from stock or taken from stock
10 and given away by the retailer during such year, payroll
11 information of the retailer's business during such year and
12 any additional reasonable information which the Department
13 deems would be helpful in determining the accuracy of the
14 monthly, quarterly or annual returns filed by such retailer
15 as provided for in this Section.
16 If the annual information return required by this Section
17 is not filed when and as required, the taxpayer shall be
18 liable as follows:
19 (i) Until January 1, 1994, the taxpayer shall be
20 liable for a penalty equal to 1/6 of 1% of the tax due
21 from such taxpayer under this Act during the period to be
22 covered by the annual return for each month or fraction
23 of a month until such return is filed as required, the
24 penalty to be assessed and collected in the same manner
25 as any other penalty provided for in this Act.
26 (ii) On and after January 1, 1994, the taxpayer
27 shall be liable for a penalty as described in Section 3-4
28 of the Uniform Penalty and Interest Act.
29 The chief executive officer, proprietor, owner or highest
30 ranking manager shall sign the annual return to certify the
31 accuracy of the information contained therein. Any person
32 who willfully signs the annual return containing false or
33 inaccurate information shall be guilty of perjury and
34 punished accordingly. The annual return form prescribed by
-62- LRB9101596PTpkA
1 the Department shall include a warning that the person
2 signing the return may be liable for perjury.
3 The provisions of this Section concerning the filing of
4 an annual information return do not apply to a retailer who
5 is not required to file an income tax return with the United
6 States Government.
7 As soon as possible after the first day of each month,
8 upon certification of the Department of Revenue, the
9 Comptroller shall order transferred and the Treasurer shall
10 transfer from the General Revenue Fund to the Motor Fuel Tax
11 Fund an amount equal to 1.7% of 80% of the net revenue
12 realized under this Act for the second preceding month;
13 except that this transfer shall not be made for the months
14 February through June, 1992.
15 Net revenue realized for a month shall be the revenue
16 collected by the State pursuant to this Act, less the amount
17 paid out during that month as refunds to taxpayers for
18 overpayment of liability.
19 For greater simplicity of administration, manufacturers,
20 importers and wholesalers whose products are sold at retail
21 in Illinois by numerous retailers, and who wish to do so, may
22 assume the responsibility for accounting and paying to the
23 Department all tax accruing under this Act with respect to
24 such sales, if the retailers who are affected do not make
25 written objection to the Department to this arrangement.
26 Any person who promotes, organizes, provides retail
27 selling space for concessionaires or other types of sellers
28 at the Illinois State Fair, DuQuoin State Fair, county fairs,
29 local fairs, art shows, flea markets and similar exhibitions
30 or events, including any transient merchant as defined by
31 Section 2 of the Transient Merchant Act of 1987, is required
32 to file a report with the Department providing the name of
33 the merchant's business, the name of the person or persons
34 engaged in merchant's business, the permanent address and
-63- LRB9101596PTpkA
1 Illinois Retailers Occupation Tax Registration Number of the
2 merchant, the dates and location of the event and other
3 reasonable information that the Department may require. The
4 report must be filed not later than the 20th day of the month
5 next following the month during which the event with retail
6 sales was held. Any person who fails to file a report
7 required by this Section commits a business offense and is
8 subject to a fine not to exceed $250.
9 Any person engaged in the business of selling tangible
10 personal property at retail as a concessionaire or other type
11 of seller at the Illinois State Fair, county fairs, art
12 shows, flea markets and similar exhibitions or events, or any
13 transient merchants, as defined by Section 2 of the Transient
14 Merchant Act of 1987, may be required to make a daily report
15 of the amount of such sales to the Department and to make a
16 daily payment of the full amount of tax due. The Department
17 shall impose this requirement when it finds that there is a
18 significant risk of loss of revenue to the State at such an
19 exhibition or event. Such a finding shall be based on
20 evidence that a substantial number of concessionaires or
21 other sellers who are not residents of Illinois will be
22 engaging in the business of selling tangible personal
23 property at retail at the exhibition or event, or other
24 evidence of a significant risk of loss of revenue to the
25 State. The Department shall notify concessionaires and other
26 sellers affected by the imposition of this requirement. In
27 the absence of notification by the Department, the
28 concessionaires and other sellers shall file their returns as
29 otherwise required in this Section.
30 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
31 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff.
32 1-1-99; 90-612, eff. 7-8-98.)
33 Section 40. The County Cooperative Extension Law is
-64- LRB9101596PTpkA
1 amended by changing Section 2a as follow:
2 (505 ILCS 45/2a) (from Ch. 5, par. 242a)
3 Sec. 2a. Information and assistance.
4 (a) The Cooperative Extension Service of the University
5 of Illinois shall provide information and assistance to
6 person who are timber growers and to persons who may be
7 unaware of the economic and soil and water conservation
8 benefits that can be attained through forestry management on
9 marginal agricultural lands.
10 (b) The Department of Agriculture, in cooperation with
11 the Cooperative Extension Service of the University of
12 Illinois, in conjunction with the Agriculture Experiment
13 Station and Southern Illinois University at Carbondale, shall
14 provide information on aquaculture and shall explore the
15 establishment of an aquaculture resource center for
16 disseminating information and demonstrating the viability of
17 aquaculture as a part of the diversified agriculture of this
18 State.
19 The Department of Agriculture in cooperation with the (i)
20 Cooperative Extension Service of the University of Illinois,
21 (ii) Southern Illinois University at Carbondale, and (iii)
22 community colleges organized under the Public Community
23 College Act shall provide information and assistance to the
24 aquaculture industry in the State concerning the Aquaculture
25 Cooperative established under the Aquaculture Development Act
26 and incorporated under the Agricultural Co-Operative Act.
27 (Source: P.A. 85-856.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.
-65- LRB9101596PTpkA
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 205/40.35 from Ch. 127, par. 40.35
4 20 ILCS 215/5.5 new
5 30 ILCS 105/5.490 new
6 30 ILCS 105/6z-47 new
7 35 ILCS 105/9 from Ch. 120, par. 439.9
8 35 ILCS 110/9 from Ch. 120, par. 439.39
9 35 ILCS 115/9 from Ch. 120, par. 439.109
10 35 ILCS 120/3 from Ch. 120, par. 442
11 505 ILCS 45/2a from Ch. 5, par. 242a