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91_HB1900enr HB1900 Enrolled 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Development Act is amended 17 by adding Section 5.5 as follows: 18 (20 ILCS 215/5.5 new) 19 (Section scheduled to be repealed on June 30, 2009) 20 Sec. 5.5.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. At the 28 beginning of each fiscal period, the Cooperative shall 29 prepare a budget plan for the next fiscal period, including HB1900 Enrolled -2- LRB9101596PTpkA 1 the probable cost of all programs, projects, and contracts. 2 The Cooperative shall submit the proposed budget to the 3 Director for review and comment. The Director may recommend 4 programs and activities considered appropriate for the 5 Cooperative. The Cooperative shall keep minutes, books, and 6 records that clearly reflect all of the acts and transactions 7 of the Cooperative and shall make this information public. 8 The financial books and records of the Cooperative shall be 9 audited by a certified public accountant at least once each 10 fiscal year and at other times as designated by the Director. 11 The expense of the audit shall be the responsibility of the 12 Cooperative. Copies of the audit shall be provided to all 13 members of the Cooperative, to the Department, and to other 14 requesting members of the aquaculture industry. 15 (b) The grants to an Aquaculture Cooperative and the 16 proceeds generated by the Cooperative may be used for the 17 following purposes: 18 (1) To buy aquatic organisms from members of the 19 Cooperative. 20 (2) To buy aquatic organism food in bulk quantities 21 for resale to the members of the Cooperative. 22 (3) For transportation, hauling, and delivery 23 equipment. 24 (4) For employee salaries, building leases, and 25 other administrative costs. 26 (5) To purchase equipment for use by the 27 Cooperative members. 28 (6) Any other related costs. 29 (c) The Department shall submit a report to the General 30 Assembly before January 1, 2009 with a determination of 31 whether the funding for the Aquaculture Cooperative should be 32 extended beyond June 30, 2009. If the Department recommends 33 an extension of the funding for the Cooperative, then the 34 report shall detail whether the Cooperative funding from HB1900 Enrolled -3- LRB9101596PTpkA 1 Section 9 of the Use Tax Act, Section 9 of the Service Use 2 Tax Act, Section 9 of the Service Occupation Tax Act, and 3 Section 3 of the Retailers' Occupation Tax Act should be 4 increased, decreased, or eliminated. The report shall be 5 submitted according to Section 5-140 of the Illinois 6 Administrative Procedure Act. 7 (d) This Section is repealed on June 30, 2009. 8 Section 15. The State Finance Act is amended by adding 9 Sections 5.490 and 6z-47 as follows: 10 (30 ILCS 105/5.490 new) 11 Sec. 5.490. The Illinois Aquaculture Development Fund. 12 (30 ILCS 105/6z-47 new) 13 Sec. 6z-47. Illinois Aquaculture Development Fund. The 14 Illinois Aquaculture Development Fund is created as a special 15 fund in the State Treasury. The tax revenues that are 16 required to be deposited into the Fund under Section 9 of the 17 Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 18 of the Service Occupation Tax Act, and Section 3 of the 19 Retailers' Occupation Tax Act shall be paid monthly into the 20 Fund beginning July 1, 1999 and ending June 30, 2009 unless 21 otherwise extended by law. The monies in the Fund shall be 22 appropriated to the Department of Agriculture for the 23 purposes of the Aquaculture Cooperative established under the 24 Aquaculture Development Act and incorporated under the 25 Agricultural Co-Operative Act. 26 Section 20. The Use Tax Act is amended by changing 27 Section 9 as follows: 28 (35 ILCS 105/9) (from Ch. 120, par. 439.9) 29 Sec. 9. Except as to motor vehicles, watercraft, HB1900 Enrolled -4- LRB9101596PTpkA 1 aircraft, and trailers that are required to be registered 2 with an agency of this State, each retailer required or 3 authorized to collect the tax imposed by this Act shall pay 4 to the Department the amount of such tax (except as otherwise 5 provided) at the time when he is required to file his return 6 for the period during which such tax was collected, less a 7 discount of 2.1% prior to January 1, 1990, and 1.75% on and 8 after January 1, 1990, or $5 per calendar year, whichever is 9 greater, which is allowed to reimburse the retailer for 10 expenses incurred in collecting the tax, keeping records, 11 preparing and filing returns, remitting the tax and supplying 12 data to the Department on request. In the case of retailers 13 who report and pay the tax on a transaction by transaction 14 basis, as provided in this Section, such discount shall be 15 taken with each such tax remittance instead of when such 16 retailer files his periodic return. A retailer need not 17 remit that part of any tax collected by him to the extent 18 that he is required to remit and does remit the tax imposed 19 by the Retailers' Occupation Tax Act, with respect to the 20 sale of the same property. 21 Where such tangible personal property is sold under a 22 conditional sales contract, or under any other form of sale 23 wherein the payment of the principal sum, or a part thereof, 24 is extended beyond the close of the period for which the 25 return is filed, the retailer, in collecting the tax (except 26 as to motor vehicles, watercraft, aircraft, and trailers that 27 are required to be registered with an agency of this State), 28 may collect for each tax return period, only the tax 29 applicable to that part of the selling price actually 30 received during such tax return period. 31 Except as provided in this Section, on or before the 32 twentieth day of each calendar month, such retailer shall 33 file a return for the preceding calendar month. Such return 34 shall be filed on forms prescribed by the Department and HB1900 Enrolled -5- LRB9101596PTpkA 1 shall furnish such information as the Department may 2 reasonably require. 3 The Department may require returns to be filed on a 4 quarterly basis. If so required, a return for each calendar 5 quarter shall be filed on or before the twentieth day of the 6 calendar month following the end of such calendar quarter. 7 The taxpayer shall also file a return with the Department for 8 each of the first two months of each calendar quarter, on or 9 before the twentieth day of the following calendar month, 10 stating: 11 1. The name of the seller; 12 2. The address of the principal place of business 13 from which he engages in the business of selling tangible 14 personal property at retail in this State; 15 3. The total amount of taxable receipts received by 16 him during the preceding calendar month from sales of 17 tangible personal property by him during such preceding 18 calendar month, including receipts from charge and time 19 sales, but less all deductions allowed by law; 20 4. The amount of credit provided in Section 2d of 21 this Act; 22 5. The amount of tax due; 23 5-5. The signature of the taxpayer; and 24 6. Such other reasonable information as the 25 Department may require. 26 If a taxpayer fails to sign a return within 30 days after 27 the proper notice and demand for signature by the Department, 28 the return shall be considered valid and any amount shown to 29 be due on the return shall be deemed assessed. 30 Beginning October 1, 1993, a taxpayer who has an average 31 monthly tax liability of $150,000 or more shall make all 32 payments required by rules of the Department by electronic 33 funds transfer. Beginning October 1, 1994, a taxpayer who has 34 an average monthly tax liability of $100,000 or more shall HB1900 Enrolled -6- LRB9101596PTpkA 1 make all payments required by rules of the Department by 2 electronic funds transfer. Beginning October 1, 1995, a 3 taxpayer who has an average monthly tax liability of $50,000 4 or more shall make all payments required by rules of the 5 Department by electronic funds transfer. The term "average 6 monthly tax liability" means the sum of the taxpayer's 7 liabilities under this Act, and under all other State and 8 local occupation and use tax laws administered by the 9 Department, for the immediately preceding calendar year 10 divided by 12. 11 Before August 1 of each year beginning in 1993, the 12 Department shall notify all taxpayers required to make 13 payments by electronic funds transfer. All taxpayers required 14 to make payments by electronic funds transfer shall make 15 those payments for a minimum of one year beginning on October 16 1. 17 Any taxpayer not required to make payments by electronic 18 funds transfer may make payments by electronic funds transfer 19 with the permission of the Department. 20 All taxpayers required to make payment by electronic 21 funds transfer and any taxpayers authorized to voluntarily 22 make payments by electronic funds transfer shall make those 23 payments in the manner authorized by the Department. 24 The Department shall adopt such rules as are necessary to 25 effectuate a program of electronic funds transfer and the 26 requirements of this Section. 27 If the taxpayer's average monthly tax liability to the 28 Department under this Act, the Retailers' Occupation Tax Act, 29 the Service Occupation Tax Act, the Service Use Tax Act was 30 $10,000 or more during the preceding 4 complete calendar 31 quarters, he shall file a return with the Department each 32 month by the 20th day of the month next following the month 33 during which such tax liability is incurred and shall make 34 payments to the Department on or before the 7th, 15th, 22nd HB1900 Enrolled -7- LRB9101596PTpkA 1 and last day of the month during which such liability is 2 incurred. If the month during which such tax liability is 3 incurred began prior to January 1, 1985, each payment shall 4 be in an amount equal to 1/4 of the taxpayer's actual 5 liability for the month or an amount set by the Department 6 not to exceed 1/4 of the average monthly liability of the 7 taxpayer to the Department for the preceding 4 complete 8 calendar quarters (excluding the month of highest liability 9 and the month of lowest liability in such 4 quarter period). 10 If the month during which such tax liability is incurred 11 begins on or after January 1, 1985, and prior to January 1, 12 1987, each payment shall be in an amount equal to 22.5% of 13 the taxpayer's actual liability for the month or 27.5% of the 14 taxpayer's liability for the same calendar month of the 15 preceding year. If the month during which such tax liability 16 is incurred begins on or after January 1, 1987, and prior to 17 January 1, 1988, each payment shall be in an amount equal to 18 22.5% of the taxpayer's actual liability for the month or 19 26.25% of the taxpayer's liability for the same calendar 20 month of the preceding year. If the month during which such 21 tax liability is incurred begins on or after January 1, 1988, 22 and prior to January 1, 1989, or begins on or after January 23 1, 1996, each payment shall be in an amount equal to 22.5% of 24 the taxpayer's actual liability for the month or 25% of the 25 taxpayer's liability for the same calendar month of the 26 preceding year. If the month during which such tax liability 27 is incurred begins on or after January 1, 1989, and prior to 28 January 1, 1996, each payment shall be in an amount equal to 29 22.5% of the taxpayer's actual liability for the month or 25% 30 of the taxpayer's liability for the same calendar month of 31 the preceding year or 100% of the taxpayer's actual liability 32 for the quarter monthly reporting period. The amount of such 33 quarter monthly payments shall be credited against the final 34 tax liability of the taxpayer's return for that month. Once HB1900 Enrolled -8- LRB9101596PTpkA 1 applicable, the requirement of the making of quarter monthly 2 payments to the Department shall continue until such 3 taxpayer's average monthly liability to the Department during 4 the preceding 4 complete calendar quarters (excluding the 5 month of highest liability and the month of lowest liability) 6 is less than $9,000, or until such taxpayer's average monthly 7 liability to the Department as computed for each calendar 8 quarter of the 4 preceding complete calendar quarter period 9 is less than $10,000. However, if a taxpayer can show the 10 Department that a substantial change in the taxpayer's 11 business has occurred which causes the taxpayer to anticipate 12 that his average monthly tax liability for the reasonably 13 foreseeable future will fall below $10,000, then such 14 taxpayer may petition the Department for change in such 15 taxpayer's reporting status. The Department shall change 16 such taxpayer's reporting status unless it finds that such 17 change is seasonal in nature and not likely to be long term. 18 If any such quarter monthly payment is not paid at the time 19 or in the amount required by this Section, then the taxpayer 20 shall be liable for penalties and interest on the difference 21 between the minimum amount due and the amount of such quarter 22 monthly payment actually and timely paid, except insofar as 23 the taxpayer has previously made payments for that month to 24 the Department in excess of the minimum payments previously 25 due as provided in this Section. The Department shall make 26 reasonable rules and regulations to govern the quarter 27 monthly payment amount and quarter monthly payment dates for 28 taxpayers who file on other than a calendar monthly basis. 29 If any such payment provided for in this Section exceeds 30 the taxpayer's liabilities under this Act, the Retailers' 31 Occupation Tax Act, the Service Occupation Tax Act and the 32 Service Use Tax Act, as shown by an original monthly return, 33 the Department shall issue to the taxpayer a credit 34 memorandum no later than 30 days after the date of payment, HB1900 Enrolled -9- LRB9101596PTpkA 1 which memorandum may be submitted by the taxpayer to the 2 Department in payment of tax liability subsequently to be 3 remitted by the taxpayer to the Department or be assigned by 4 the taxpayer to a similar taxpayer under this Act, the 5 Retailers' Occupation Tax Act, the Service Occupation Tax Act 6 or the Service Use Tax Act, in accordance with reasonable 7 rules and regulations to be prescribed by the Department, 8 except that if such excess payment is shown on an original 9 monthly return and is made after December 31, 1986, no credit 10 memorandum shall be issued, unless requested by the taxpayer. 11 If no such request is made, the taxpayer may credit such 12 excess payment against tax liability subsequently to be 13 remitted by the taxpayer to the Department under this Act, 14 the Retailers' Occupation Tax Act, the Service Occupation Tax 15 Act or the Service Use Tax Act, in accordance with reasonable 16 rules and regulations prescribed by the Department. If the 17 Department subsequently determines that all or any part of 18 the credit taken was not actually due to the taxpayer, the 19 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced 20 by 2.1% or 1.75% of the difference between the credit taken 21 and that actually due, and the taxpayer shall be liable for 22 penalties and interest on such difference. 23 If the retailer is otherwise required to file a monthly 24 return and if the retailer's average monthly tax liability to 25 the Department does not exceed $200, the Department may 26 authorize his returns to be filed on a quarter annual basis, 27 with the return for January, February, and March of a given 28 year being due by April 20 of such year; with the return for 29 April, May and June of a given year being due by July 20 of 30 such year; with the return for July, August and September of 31 a given year being due by October 20 of such year, and with 32 the return for October, November and December of a given year 33 being due by January 20 of the following year. 34 If the retailer is otherwise required to file a monthly HB1900 Enrolled -10- LRB9101596PTpkA 1 or quarterly return and if the retailer's average monthly tax 2 liability to the Department does not exceed $50, the 3 Department may authorize his returns to be filed on an annual 4 basis, with the return for a given year being due by January 5 20 of the following year. 6 Such quarter annual and annual returns, as to form and 7 substance, shall be subject to the same requirements as 8 monthly returns. 9 Notwithstanding any other provision in this Act 10 concerning the time within which a retailer may file his 11 return, in the case of any retailer who ceases to engage in a 12 kind of business which makes him responsible for filing 13 returns under this Act, such retailer shall file a final 14 return under this Act with the Department not more than one 15 month after discontinuing such business. 16 In addition, with respect to motor vehicles, watercraft, 17 aircraft, and trailers that are required to be registered 18 with an agency of this State, every retailer selling this 19 kind of tangible personal property shall file, with the 20 Department, upon a form to be prescribed and supplied by the 21 Department, a separate return for each such item of tangible 22 personal property which the retailer sells, except that 23 where, in the same transaction, a retailer of aircraft, 24 watercraft, motor vehicles or trailers transfers more than 25 one aircraft, watercraft, motor vehicle or trailer to another 26 aircraft, watercraft, motor vehicle or trailer retailer for 27 the purpose of resale, that seller for resale may report the 28 transfer of all the aircraft, watercraft, motor vehicles or 29 trailers involved in that transaction to the Department on 30 the same uniform invoice-transaction reporting return form. 31 For purposes of this Section, "watercraft" means a Class 2, 32 Class 3, or Class 4 watercraft as defined in Section 3-2 of 33 the Boat Registration and Safety Act, a personal watercraft, 34 or any boat equipped with an inboard motor. HB1900 Enrolled -11- LRB9101596PTpkA 1 The transaction reporting return in the case of motor 2 vehicles or trailers that are required to be registered with 3 an agency of this State, shall be the same document as the 4 Uniform Invoice referred to in Section 5-402 of the Illinois 5 Vehicle Code and must show the name and address of the 6 seller; the name and address of the purchaser; the amount of 7 the selling price including the amount allowed by the 8 retailer for traded-in property, if any; the amount allowed 9 by the retailer for the traded-in tangible personal property, 10 if any, to the extent to which Section 2 of this Act allows 11 an exemption for the value of traded-in property; the balance 12 payable after deducting such trade-in allowance from the 13 total selling price; the amount of tax due from the retailer 14 with respect to such transaction; the amount of tax collected 15 from the purchaser by the retailer on such transaction (or 16 satisfactory evidence that such tax is not due in that 17 particular instance, if that is claimed to be the fact); the 18 place and date of the sale; a sufficient identification of 19 the property sold; such other information as is required in 20 Section 5-402 of the Illinois Vehicle Code, and such other 21 information as the Department may reasonably require. 22 The transaction reporting return in the case of 23 watercraft and aircraft must show the name and address of the 24 seller; the name and address of the purchaser; the amount of 25 the selling price including the amount allowed by the 26 retailer for traded-in property, if any; the amount allowed 27 by the retailer for the traded-in tangible personal property, 28 if any, to the extent to which Section 2 of this Act allows 29 an exemption for the value of traded-in property; the balance 30 payable after deducting such trade-in allowance from the 31 total selling price; the amount of tax due from the retailer 32 with respect to such transaction; the amount of tax collected 33 from the purchaser by the retailer on such transaction (or 34 satisfactory evidence that such tax is not due in that HB1900 Enrolled -12- LRB9101596PTpkA 1 particular instance, if that is claimed to be the fact); the 2 place and date of the sale, a sufficient identification of 3 the property sold, and such other information as the 4 Department may reasonably require. 5 Such transaction reporting return shall be filed not 6 later than 20 days after the date of delivery of the item 7 that is being sold, but may be filed by the retailer at any 8 time sooner than that if he chooses to do so. The 9 transaction reporting return and tax remittance or proof of 10 exemption from the tax that is imposed by this Act may be 11 transmitted to the Department by way of the State agency with 12 which, or State officer with whom, the tangible personal 13 property must be titled or registered (if titling or 14 registration is required) if the Department and such agency 15 or State officer determine that this procedure will expedite 16 the processing of applications for title or registration. 17 With each such transaction reporting return, the retailer 18 shall remit the proper amount of tax due (or shall submit 19 satisfactory evidence that the sale is not taxable if that is 20 the case), to the Department or its agents, whereupon the 21 Department shall issue, in the purchaser's name, a tax 22 receipt (or a certificate of exemption if the Department is 23 satisfied that the particular sale is tax exempt) which such 24 purchaser may submit to the agency with which, or State 25 officer with whom, he must title or register the tangible 26 personal property that is involved (if titling or 27 registration is required) in support of such purchaser's 28 application for an Illinois certificate or other evidence of 29 title or registration to such tangible personal property. 30 No retailer's failure or refusal to remit tax under this 31 Act precludes a user, who has paid the proper tax to the 32 retailer, from obtaining his certificate of title or other 33 evidence of title or registration (if titling or registration 34 is required) upon satisfying the Department that such user HB1900 Enrolled -13- LRB9101596PTpkA 1 has paid the proper tax (if tax is due) to the retailer. The 2 Department shall adopt appropriate rules to carry out the 3 mandate of this paragraph. 4 If the user who would otherwise pay tax to the retailer 5 wants the transaction reporting return filed and the payment 6 of tax or proof of exemption made to the Department before 7 the retailer is willing to take these actions and such user 8 has not paid the tax to the retailer, such user may certify 9 to the fact of such delay by the retailer, and may (upon the 10 Department being satisfied of the truth of such 11 certification) transmit the information required by the 12 transaction reporting return and the remittance for tax or 13 proof of exemption directly to the Department and obtain his 14 tax receipt or exemption determination, in which event the 15 transaction reporting return and tax remittance (if a tax 16 payment was required) shall be credited by the Department to 17 the proper retailer's account with the Department, but 18 without the 2.1% or 1.75% discount provided for in this 19 Section being allowed. When the user pays the tax directly 20 to the Department, he shall pay the tax in the same amount 21 and in the same form in which it would be remitted if the tax 22 had been remitted to the Department by the retailer. 23 Where a retailer collects the tax with respect to the 24 selling price of tangible personal property which he sells 25 and the purchaser thereafter returns such tangible personal 26 property and the retailer refunds the selling price thereof 27 to the purchaser, such retailer shall also refund, to the 28 purchaser, the tax so collected from the purchaser. When 29 filing his return for the period in which he refunds such tax 30 to the purchaser, the retailer may deduct the amount of the 31 tax so refunded by him to the purchaser from any other use 32 tax which such retailer may be required to pay or remit to 33 the Department, as shown by such return, if the amount of the 34 tax to be deducted was previously remitted to the Department HB1900 Enrolled -14- LRB9101596PTpkA 1 by such retailer. If the retailer has not previously 2 remitted the amount of such tax to the Department, he is 3 entitled to no deduction under this Act upon refunding such 4 tax to the purchaser. 5 Any retailer filing a return under this Section shall 6 also include (for the purpose of paying tax thereon) the 7 total tax covered by such return upon the selling price of 8 tangible personal property purchased by him at retail from a 9 retailer, but as to which the tax imposed by this Act was not 10 collected from the retailer filing such return, and such 11 retailer shall remit the amount of such tax to the Department 12 when filing such return. 13 If experience indicates such action to be practicable, 14 the Department may prescribe and furnish a combination or 15 joint return which will enable retailers, who are required to 16 file returns hereunder and also under the Retailers' 17 Occupation Tax Act, to furnish all the return information 18 required by both Acts on the one form. 19 Where the retailer has more than one business registered 20 with the Department under separate registration under this 21 Act, such retailer may not file each return that is due as a 22 single return covering all such registered businesses, but 23 shall file separate returns for each such registered 24 business. 25 Beginning January 1, 1990, each month the Department 26 shall pay into the State and Local Sales Tax Reform Fund, a 27 special fund in the State Treasury which is hereby created, 28 the net revenue realized for the preceding month from the 1% 29 tax on sales of food for human consumption which is to be 30 consumed off the premises where it is sold (other than 31 alcoholic beverages, soft drinks and food which has been 32 prepared for immediate consumption) and prescription and 33 nonprescription medicines, drugs, medical appliances and 34 insulin, urine testing materials, syringes and needles used HB1900 Enrolled -15- LRB9101596PTpkA 1 by diabetics. 2 Beginning January 1, 1990, each month the Department 3 shall pay into the County and Mass Transit District Fund 4% 4 of the net revenue realized for the preceding month from the 5 6.25% general rate on the selling price of tangible personal 6 property which is purchased outside Illinois at retail from a 7 retailer and which is titled or registered by an agency of 8 this State's government. 9 Beginning January 1, 1990, each month the Department 10 shall pay into the State and Local Sales Tax Reform Fund, a 11 special fund in the State Treasury, 20% of the net revenue 12 realized for the preceding month from the 6.25% general rate 13 on the selling price of tangible personal property, other 14 than tangible personal property which is purchased outside 15 Illinois at retail from a retailer and which is titled or 16 registered by an agency of this State's government. 17 Beginning January 1, 1990, each month the Department 18 shall pay into the Local Government Tax Fund 16% of the net 19 revenue realized for the preceding month from the 6.25% 20 general rate on the selling price of tangible personal 21 property which is purchased outside Illinois at retail from a 22 retailer and which is titled or registered by an agency of 23 this State's government. 24 Of the remainder of the moneys received by the Department 25 pursuant to this Act, (a) 1.75% thereof shall be paid into 26 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 27 and on and after July 1, 1989, 3.8% thereof shall be paid 28 into the Build Illinois Fund; provided, however, that if in 29 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 30 as the case may be, of the moneys received by the Department 31 and required to be paid into the Build Illinois Fund pursuant 32 to Section 3 of the Retailers' Occupation Tax Act, Section 9 33 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 34 Section 9 of the Service Occupation Tax Act, such Acts being HB1900 Enrolled -16- LRB9101596PTpkA 1 hereinafter called the "Tax Acts" and such aggregate of 2.2% 2 or 3.8%, as the case may be, of moneys being hereinafter 3 called the "Tax Act Amount", and (2) the amount transferred 4 to the Build Illinois Fund from the State and Local Sales Tax 5 Reform Fund shall be less than the Annual Specified Amount 6 (as defined in Section 3 of the Retailers' Occupation Tax 7 Act), an amount equal to the difference shall be immediately 8 paid into the Build Illinois Fund from other moneys received 9 by the Department pursuant to the Tax Acts; and further 10 provided, that if on the last business day of any month the 11 sum of (1) the Tax Act Amount required to be deposited into 12 the Build Illinois Bond Account in the Build Illinois Fund 13 during such month and (2) the amount transferred during such 14 month to the Build Illinois Fund from the State and Local 15 Sales Tax Reform Fund shall have been less than 1/12 of the 16 Annual Specified Amount, an amount equal to the difference 17 shall be immediately paid into the Build Illinois Fund from 18 other moneys received by the Department pursuant to the Tax 19 Acts; and, further provided, that in no event shall the 20 payments required under the preceding proviso result in 21 aggregate payments into the Build Illinois Fund pursuant to 22 this clause (b) for any fiscal year in excess of the greater 23 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 24 for such fiscal year; and, further provided, that the amounts 25 payable into the Build Illinois Fund under this clause (b) 26 shall be payable only until such time as the aggregate amount 27 on deposit under each trust indenture securing Bonds issued 28 and outstanding pursuant to the Build Illinois Bond Act is 29 sufficient, taking into account any future investment income, 30 to fully provide, in accordance with such indenture, for the 31 defeasance of or the payment of the principal of, premium, if 32 any, and interest on the Bonds secured by such indenture and 33 on any Bonds expected to be issued thereafter and all fees 34 and costs payable with respect thereto, all as certified by HB1900 Enrolled -17- LRB9101596PTpkA 1 the Director of the Bureau of the Budget. If on the last 2 business day of any month in which Bonds are outstanding 3 pursuant to the Build Illinois Bond Act, the aggregate of the 4 moneys deposited in the Build Illinois Bond Account in the 5 Build Illinois Fund in such month shall be less than the 6 amount required to be transferred in such month from the 7 Build Illinois Bond Account to the Build Illinois Bond 8 Retirement and Interest Fund pursuant to Section 13 of the 9 Build Illinois Bond Act, an amount equal to such deficiency 10 shall be immediately paid from other moneys received by the 11 Department pursuant to the Tax Acts to the Build Illinois 12 Fund; provided, however, that any amounts paid to the Build 13 Illinois Fund in any fiscal year pursuant to this sentence 14 shall be deemed to constitute payments pursuant to clause (b) 15 of the preceding sentence and shall reduce the amount 16 otherwise payable for such fiscal year pursuant to clause (b) 17 of the preceding sentence. The moneys received by the 18 Department pursuant to this Act and required to be deposited 19 into the Build Illinois Fund are subject to the pledge, claim 20 and charge set forth in Section 12 of the Build Illinois Bond 21 Act. 22 Subject to payment of amounts into the Build Illinois 23 Fund as provided in the preceding paragraph or in any 24 amendment thereto hereafter enacted, the following specified 25 monthly installment of the amount requested in the 26 certificate of the Chairman of the Metropolitan Pier and 27 Exposition Authority provided under Section 8.25f of the 28 State Finance Act, but not in excess of the sums designated 29 as "Total Deposit", shall be deposited in the aggregate from 30 collections under Section 9 of the Use Tax Act, Section 9 of 31 the Service Use Tax Act, Section 9 of the Service Occupation 32 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 33 into the McCormick Place Expansion Project Fund in the 34 specified fiscal years. HB1900 Enrolled -18- LRB9101596PTpkA 1 Fiscal Year Total Deposit 2 1993 $0 3 1994 53,000,000 4 1995 58,000,000 5 1996 61,000,000 6 1997 64,000,000 7 1998 68,000,000 8 1999 71,000,000 9 2000 75,000,000 10 2001 80,000,000 11 2002 84,000,000 12 2003 89,000,000 13 2004 93,000,000 14 2005 97,000,000 15 2006 102,000,000 16 2007 and 106,000,000 17 each fiscal year 18 thereafter that bonds 19 are outstanding under 20 Section 13.2 of the 21 Metropolitan Pier and 22 Exposition Authority 23 Act, but not after fiscal year 2029. 24 Beginning July 20, 1993 and in each month of each fiscal 25 year thereafter, one-eighth of the amount requested in the 26 certificate of the Chairman of the Metropolitan Pier and 27 Exposition Authority for that fiscal year, less the amount 28 deposited into the McCormick Place Expansion Project Fund by 29 the State Treasurer in the respective month under subsection 30 (g) of Section 13 of the Metropolitan Pier and Exposition 31 Authority Act, plus cumulative deficiencies in the deposits 32 required under this Section for previous months and years, 33 shall be deposited into the McCormick Place Expansion Project 34 Fund, until the full amount requested for the fiscal year, HB1900 Enrolled -19- LRB9101596PTpkA 1 but not in excess of the amount specified above as "Total 2 Deposit", has been deposited. 3 Subject to payment of amounts into the Build Illinois 4 Fund and the McCormick Place Expansion Project Fund pursuant 5 to the preceding paragraphs or in any amendment thereto 6 hereafter enacted, each month the Department shall pay into 7 the Local Government Distributive Fund .4% of the net revenue 8 realized for the preceding month from the 5% general rate, or 9 .4% of 80% of the net revenue realized for the preceding 10 month from the 6.25% general rate, as the case may be, on the 11 selling price of tangible personal property which amount 12 shall, subject to appropriation, be distributed as provided 13 in Section 2 of the State Revenue Sharing Act. No payments or 14 distributions pursuant to this paragraph shall be made if the 15 tax imposed by this Act on photoprocessing products is 16 declared unconstitutional, or if the proceeds from such tax 17 are unavailable for distribution because of litigation. 18 Subject to payment of amounts into the Build Illinois 19 Fund, the McCormick Place Expansion Project Fund, and the 20 Local Government Distributive Fund pursuant to the preceding 21 paragraphs or in any amendments thereto hereafter enacted, 22 beginning July 1, 1993, the Department shall each month pay 23 into the Illinois Tax Increment Fund 0.27% of 80% of the net 24 revenue realized for the preceding month from the 6.25% 25 general rate on the selling price of tangible personal 26 property. 27 Subject to payment of amounts into the Build Illinois 28 Fund, McCormick Place Expansion Project Fund, Local 29 Government Distributive Fund, and Illinois Tax Increment Fund 30 under the preceding paragraphs or any amendment to those 31 paragraphs enacted after the effective date of this 32 amendatory Act of the 91st General Assembly, beginning July 33 1, 1999 and ending June 30, 2009 unless otherwise extended by 34 law, the Department shall each month pay into the Illinois HB1900 Enrolled -20- LRB9101596PTpkA 1 Aquaculture Development Fund $83,335 in the aggregate from 2 collections under this Section, Section 9 of the Service Use 3 Tax Act, Section 9 of the Service Occupation Tax Act, and 4 Section 3 of the Retailers' Occupation Tax Act of the 60% of 5 the net revenue realized for the preceding month from the 6 6.25% general rate on the selling price of tangible personal 7 property. 8 Of the remainder of the moneys received by the Department 9 pursuant to this Act, 75% thereof shall be paid into the 10 State Treasury and 25% shall be reserved in a special account 11 and used only for the transfer to the Common School Fund as 12 part of the monthly transfer from the General Revenue Fund in 13 accordance with Section 8a of the State Finance Act. 14 As soon as possible after the first day of each month, 15 upon certification of the Department of Revenue, the 16 Comptroller shall order transferred and the Treasurer shall 17 transfer from the General Revenue Fund to the Motor Fuel Tax 18 Fund an amount equal to 1.7% of 80% of the net revenue 19 realized under this Act for the second preceding month; 20 except that this transfer shall not be made for the months 21 February through June of 1992. 22 Net revenue realized for a month shall be the revenue 23 collected by the State pursuant to this Act, less the amount 24 paid out during that month as refunds to taxpayers for 25 overpayment of liability. 26 For greater simplicity of administration, manufacturers, 27 importers and wholesalers whose products are sold at retail 28 in Illinois by numerous retailers, and who wish to do so, may 29 assume the responsibility for accounting and paying to the 30 Department all tax accruing under this Act with respect to 31 such sales, if the retailers who are affected do not make 32 written objection to the Department to this arrangement. 33 (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 34 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.) HB1900 Enrolled -21- LRB9101596PTpkA 1 Section 25. The Service Use Tax Act is amended by 2 changing Section 9 as follows: 3 (35 ILCS 110/9) (from Ch. 120, par. 439.39) 4 Sec. 9. Each serviceman required or authorized to 5 collect the tax herein imposed shall pay to the Department 6 the amount of such tax (except as otherwise provided) at the 7 time when he is required to file his return for the period 8 during which such tax was collected, less a discount of 2.1% 9 prior to January 1, 1990 and 1.75% on and after January 1, 10 1990, or $5 per calendar year, whichever is greater, which is 11 allowed to reimburse the serviceman for expenses incurred in 12 collecting the tax, keeping records, preparing and filing 13 returns, remitting the tax and supplying data to the 14 Department on request. A serviceman need not remit that part 15 of any tax collected by him to the extent that he is required 16 to pay and does pay the tax imposed by the Service Occupation 17 Tax Act with respect to his sale of service involving the 18 incidental transfer by him of the same property. 19 Except as provided hereinafter in this Section, on or 20 before the twentieth day of each calendar month, such 21 serviceman shall file a return for the preceding calendar 22 month in accordance with reasonable Rules and Regulations to 23 be promulgated by the Department. Such return shall be filed 24 on a form prescribed by the Department and shall contain such 25 information as the Department may reasonably require. 26 The Department may require returns to be filed on a 27 quarterly basis. If so required, a return for each calendar 28 quarter shall be filed on or before the twentieth day of the 29 calendar month following the end of such calendar quarter. 30 The taxpayer shall also file a return with the Department for 31 each of the first two months of each calendar quarter, on or 32 before the twentieth day of the following calendar month, 33 stating: HB1900 Enrolled -22- LRB9101596PTpkA 1 1. The name of the seller; 2 2. The address of the principal place of business 3 from which he engages in business as a serviceman in this 4 State; 5 3. The total amount of taxable receipts received by 6 him during the preceding calendar month, including 7 receipts from charge and time sales, but less all 8 deductions allowed by law; 9 4. The amount of credit provided in Section 2d of 10 this Act; 11 5. The amount of tax due; 12 5-5. The signature of the taxpayer; and 13 6. Such other reasonable information as the 14 Department may require. 15 If a taxpayer fails to sign a return within 30 days after 16 the proper notice and demand for signature by the Department, 17 the return shall be considered valid and any amount shown to 18 be due on the return shall be deemed assessed. 19 Beginning October 1, 1993, a taxpayer who has an average 20 monthly tax liability of $150,000 or more shall make all 21 payments required by rules of the Department by electronic 22 funds transfer. Beginning October 1, 1994, a taxpayer who 23 has an average monthly tax liability of $100,000 or more 24 shall make all payments required by rules of the Department 25 by electronic funds transfer. Beginning October 1, 1995, a 26 taxpayer who has an average monthly tax liability of $50,000 27 or more shall make all payments required by rules of the 28 Department by electronic funds transfer. The term "average 29 monthly tax liability" means the sum of the taxpayer's 30 liabilities under this Act, and under all other State and 31 local occupation and use tax laws administered by the 32 Department, for the immediately preceding calendar year 33 divided by 12. 34 Before August 1 of each year beginning in 1993, the HB1900 Enrolled -23- LRB9101596PTpkA 1 Department shall notify all taxpayers required to make 2 payments by electronic funds transfer. All taxpayers required 3 to make payments by electronic funds transfer shall make 4 those payments for a minimum of one year beginning on October 5 1. 6 Any taxpayer not required to make payments by electronic 7 funds transfer may make payments by electronic funds transfer 8 with the permission of the Department. 9 All taxpayers required to make payment by electronic 10 funds transfer and any taxpayers authorized to voluntarily 11 make payments by electronic funds transfer shall make those 12 payments in the manner authorized by the Department. 13 The Department shall adopt such rules as are necessary to 14 effectuate a program of electronic funds transfer and the 15 requirements of this Section. 16 If the serviceman is otherwise required to file a monthly 17 return and if the serviceman's average monthly tax liability 18 to the Department does not exceed $200, the Department may 19 authorize his returns to be filed on a quarter annual basis, 20 with the return for January, February and March of a given 21 year being due by April 20 of such year; with the return for 22 April, May and June of a given year being due by July 20 of 23 such year; with the return for July, August and September of 24 a given year being due by October 20 of such year, and with 25 the return for October, November and December of a given year 26 being due by January 20 of the following year. 27 If the serviceman is otherwise required to file a monthly 28 or quarterly return and if the serviceman's average monthly 29 tax liability to the Department does not exceed $50, the 30 Department may authorize his returns to be filed on an annual 31 basis, with the return for a given year being due by January 32 20 of the following year. 33 Such quarter annual and annual returns, as to form and 34 substance, shall be subject to the same requirements as HB1900 Enrolled -24- LRB9101596PTpkA 1 monthly returns. 2 Notwithstanding any other provision in this Act 3 concerning the time within which a serviceman may file his 4 return, in the case of any serviceman who ceases to engage in 5 a kind of business which makes him responsible for filing 6 returns under this Act, such serviceman shall file a final 7 return under this Act with the Department not more than 1 8 month after discontinuing such business. 9 Where a serviceman collects the tax with respect to the 10 selling price of property which he sells and the purchaser 11 thereafter returns such property and the serviceman refunds 12 the selling price thereof to the purchaser, such serviceman 13 shall also refund, to the purchaser, the tax so collected 14 from the purchaser. When filing his return for the period in 15 which he refunds such tax to the purchaser, the serviceman 16 may deduct the amount of the tax so refunded by him to the 17 purchaser from any other Service Use Tax, Service Occupation 18 Tax, retailers' occupation tax or use tax which such 19 serviceman may be required to pay or remit to the Department, 20 as shown by such return, provided that the amount of the tax 21 to be deducted shall previously have been remitted to the 22 Department by such serviceman. If the serviceman shall not 23 previously have remitted the amount of such tax to the 24 Department, he shall be entitled to no deduction hereunder 25 upon refunding such tax to the purchaser. 26 Any serviceman filing a return hereunder shall also 27 include the total tax upon the selling price of tangible 28 personal property purchased for use by him as an incident to 29 a sale of service, and such serviceman shall remit the amount 30 of such tax to the Department when filing such return. 31 If experience indicates such action to be practicable, 32 the Department may prescribe and furnish a combination or 33 joint return which will enable servicemen, who are required 34 to file returns hereunder and also under the Service HB1900 Enrolled -25- LRB9101596PTpkA 1 Occupation Tax Act, to furnish all the return information 2 required by both Acts on the one form. 3 Where the serviceman has more than one business 4 registered with the Department under separate registration 5 hereunder, such serviceman shall not file each return that is 6 due as a single return covering all such registered 7 businesses, but shall file separate returns for each such 8 registered business. 9 Beginning January 1, 1990, each month the Department 10 shall pay into the State and Local Tax Reform Fund, a special 11 fund in the State Treasury, the net revenue realized for the 12 preceding month from the 1% tax on sales of food for human 13 consumption which is to be consumed off the premises where it 14 is sold (other than alcoholic beverages, soft drinks and food 15 which has been prepared for immediate consumption) and 16 prescription and nonprescription medicines, drugs, medical 17 appliances and insulin, urine testing materials, syringes and 18 needles used by diabetics. 19 Beginning January 1, 1990, each month the Department 20 shall pay into the State and Local Sales Tax Reform Fund 20% 21 of the net revenue realized for the preceding month from the 22 6.25% general rate on transfers of tangible personal 23 property, other than tangible personal property which is 24 purchased outside Illinois at retail from a retailer and 25 which is titled or registered by an agency of this State's 26 government. 27 Of the remainder of the moneys received by the Department 28 pursuant to this Act, (a) 1.75% thereof shall be paid into 29 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 30 and on and after July 1, 1989, 3.8% thereof shall be paid 31 into the Build Illinois Fund; provided, however, that if in 32 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 33 as the case may be, of the moneys received by the Department 34 and required to be paid into the Build Illinois Fund pursuant HB1900 Enrolled -26- LRB9101596PTpkA 1 to Section 3 of the Retailers' Occupation Tax Act, Section 9 2 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 3 Section 9 of the Service Occupation Tax Act, such Acts being 4 hereinafter called the "Tax Acts" and such aggregate of 2.2% 5 or 3.8%, as the case may be, of moneys being hereinafter 6 called the "Tax Act Amount", and (2) the amount transferred 7 to the Build Illinois Fund from the State and Local Sales Tax 8 Reform Fund shall be less than the Annual Specified Amount 9 (as defined in Section 3 of the Retailers' Occupation Tax 10 Act), an amount equal to the difference shall be immediately 11 paid into the Build Illinois Fund from other moneys received 12 by the Department pursuant to the Tax Acts; and further 13 provided, that if on the last business day of any month the 14 sum of (1) the Tax Act Amount required to be deposited into 15 the Build Illinois Bond Account in the Build Illinois Fund 16 during such month and (2) the amount transferred during such 17 month to the Build Illinois Fund from the State and Local 18 Sales Tax Reform Fund shall have been less than 1/12 of the 19 Annual Specified Amount, an amount equal to the difference 20 shall be immediately paid into the Build Illinois Fund from 21 other moneys received by the Department pursuant to the Tax 22 Acts; and, further provided, that in no event shall the 23 payments required under the preceding proviso result in 24 aggregate payments into the Build Illinois Fund pursuant to 25 this clause (b) for any fiscal year in excess of the greater 26 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 27 for such fiscal year; and, further provided, that the amounts 28 payable into the Build Illinois Fund under this clause (b) 29 shall be payable only until such time as the aggregate amount 30 on deposit under each trust indenture securing Bonds issued 31 and outstanding pursuant to the Build Illinois Bond Act is 32 sufficient, taking into account any future investment income, 33 to fully provide, in accordance with such indenture, for the 34 defeasance of or the payment of the principal of, premium, if HB1900 Enrolled -27- LRB9101596PTpkA 1 any, and interest on the Bonds secured by such indenture and 2 on any Bonds expected to be issued thereafter and all fees 3 and costs payable with respect thereto, all as certified by 4 the Director of the Bureau of the Budget. If on the last 5 business day of any month in which Bonds are outstanding 6 pursuant to the Build Illinois Bond Act, the aggregate of the 7 moneys deposited in the Build Illinois Bond Account in the 8 Build Illinois Fund in such month shall be less than the 9 amount required to be transferred in such month from the 10 Build Illinois Bond Account to the Build Illinois Bond 11 Retirement and Interest Fund pursuant to Section 13 of the 12 Build Illinois Bond Act, an amount equal to such deficiency 13 shall be immediately paid from other moneys received by the 14 Department pursuant to the Tax Acts to the Build Illinois 15 Fund; provided, however, that any amounts paid to the Build 16 Illinois Fund in any fiscal year pursuant to this sentence 17 shall be deemed to constitute payments pursuant to clause (b) 18 of the preceding sentence and shall reduce the amount 19 otherwise payable for such fiscal year pursuant to clause (b) 20 of the preceding sentence. The moneys received by the 21 Department pursuant to this Act and required to be deposited 22 into the Build Illinois Fund are subject to the pledge, claim 23 and charge set forth in Section 12 of the Build Illinois Bond 24 Act. 25 Subject to payment of amounts into the Build Illinois 26 Fund as provided in the preceding paragraph or in any 27 amendment thereto hereafter enacted, the following specified 28 monthly installment of the amount requested in the 29 certificate of the Chairman of the Metropolitan Pier and 30 Exposition Authority provided under Section 8.25f of the 31 State Finance Act, but not in excess of the sums designated 32 as "Total Deposit", shall be deposited in the aggregate from 33 collections under Section 9 of the Use Tax Act, Section 9 of 34 the Service Use Tax Act, Section 9 of the Service Occupation HB1900 Enrolled -28- LRB9101596PTpkA 1 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 2 into the McCormick Place Expansion Project Fund in the 3 specified fiscal years. 4 Fiscal Year Total Deposit 5 1993 $0 6 1994 53,000,000 7 1995 58,000,000 8 1996 61,000,000 9 1997 64,000,000 10 1998 68,000,000 11 1999 71,000,000 12 2000 75,000,000 13 2001 80,000,000 14 2002 84,000,000 15 2003 89,000,000 16 2004 93,000,000 17 2005 97,000,000 18 2006 102,000,000 19 2007 and 106,000,000 20 each fiscal year 21 thereafter that bonds 22 are outstanding under 23 Section 13.2 of the 24 Metropolitan Pier and 25 Exposition Authority Act, 26 but not after fiscal year 2029. 27 Beginning July 20, 1993 and in each month of each fiscal 28 year thereafter, one-eighth of the amount requested in the 29 certificate of the Chairman of the Metropolitan Pier and 30 Exposition Authority for that fiscal year, less the amount 31 deposited into the McCormick Place Expansion Project Fund by 32 the State Treasurer in the respective month under subsection 33 (g) of Section 13 of the Metropolitan Pier and Exposition 34 Authority Act, plus cumulative deficiencies in the deposits HB1900 Enrolled -29- LRB9101596PTpkA 1 required under this Section for previous months and years, 2 shall be deposited into the McCormick Place Expansion Project 3 Fund, until the full amount requested for the fiscal year, 4 but not in excess of the amount specified above as "Total 5 Deposit", has been deposited. 6 Subject to payment of amounts into the Build Illinois 7 Fund and the McCormick Place Expansion Project Fund pursuant 8 to the preceding paragraphs or in any amendment thereto 9 hereafter enacted, each month the Department shall pay into 10 the Local Government Distributive Fund 0.4% of the net 11 revenue realized for the preceding month from the 5% general 12 rate or 0.4% of 80% of the net revenue realized for the 13 preceding month from the 6.25% general rate, as the case may 14 be, on the selling price of tangible personal property which 15 amount shall, subject to appropriation, be distributed as 16 provided in Section 2 of the State Revenue Sharing Act. No 17 payments or distributions pursuant to this paragraph shall be 18 made if the tax imposed by this Act on photo processing 19 products is declared unconstitutional, or if the proceeds 20 from such tax are unavailable for distribution because of 21 litigation. 22 Subject to payment of amounts into the Build Illinois 23 Fund, the McCormick Place Expansion Project Fund, and the 24 Local Government Distributive Fund pursuant to the preceding 25 paragraphs or in any amendments thereto hereafter enacted, 26 beginning July 1, 1993, the Department shall each month pay 27 into the Illinois Tax Increment Fund 0.27% of 80% of the net 28 revenue realized for the preceding month from the 6.25% 29 general rate on the selling price of tangible personal 30 property. 31 Subject to payment of amounts into the Build Illinois 32 Fund, McCormick Place Expansion Project Fund, Local 33 Government Distributive Fund, and Illinois Tax Increment Fund 34 under the preceding paragraphs or any amendment to those HB1900 Enrolled -30- LRB9101596PTpkA 1 paragraphs enacted after the effective date of this 2 amendatory Act of the 91st General Assembly, beginning July 3 1, 1999 and ending June 30, 2009 unless otherwise extended by 4 law, the Department shall each month pay into the Illinois 5 Aquaculture Development Fund $83,335 in the aggregate from 6 collections under this Section, Section 9 of the Use Tax Act, 7 Section 9 of the Service Occupation Tax Act, and Section 3 of 8 the Retailers' Occupation Tax Act of the 80% of the net 9 revenue realized for the preceding month from the 6.25% 10 general rate on the selling price of tangible personal 11 property. 12 All remaining moneys received by the Department pursuant 13 to this Act shall be paid into the General Revenue Fund of 14 the State Treasury. 15 As soon as possible after the first day of each month, 16 upon certification of the Department of Revenue, the 17 Comptroller shall order transferred and the Treasurer shall 18 transfer from the General Revenue Fund to the Motor Fuel Tax 19 Fund an amount equal to 1.7% of 80% of the net revenue 20 realized under this Act for the second preceding month; 21 except that this transfer shall not be made for the months 22 February through June, 1992. 23 Net revenue realized for a month shall be the revenue 24 collected by the State pursuant to this Act, less the amount 25 paid out during that month as refunds to taxpayers for 26 overpayment of liability. 27 (Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.) 28 Section 30. The Service Occupation Tax Act is amended by 29 changing Section 9 as follows: 30 (35 ILCS 115/9) (from Ch. 120, par. 439.109) 31 Sec. 9. Each serviceman required or authorized to 32 collect the tax herein imposed shall pay to the Department HB1900 Enrolled -31- LRB9101596PTpkA 1 the amount of such tax at the time when he is required to 2 file his return for the period during which such tax was 3 collectible, less a discount of 2.1% prior to January 1, 4 1990, and 1.75% on and after January 1, 1990, or $5 per 5 calendar year, whichever is greater, which is allowed to 6 reimburse the serviceman for expenses incurred in collecting 7 the tax, keeping records, preparing and filing returns, 8 remitting the tax and supplying data to the Department on 9 request. 10 Where such tangible personal property is sold under a 11 conditional sales contract, or under any other form of sale 12 wherein the payment of the principal sum, or a part thereof, 13 is extended beyond the close of the period for which the 14 return is filed, the serviceman, in collecting the tax may 15 collect, for each tax return period, only the tax applicable 16 to the part of the selling price actually received during 17 such tax return period. 18 Except as provided hereinafter in this Section, on or 19 before the twentieth day of each calendar month, such 20 serviceman shall file a return for the preceding calendar 21 month in accordance with reasonable rules and regulations to 22 be promulgated by the Department of Revenue. Such return 23 shall be filed on a form prescribed by the Department and 24 shall contain such information as the Department may 25 reasonably require. 26 The Department may require returns to be filed on a 27 quarterly basis. If so required, a return for each calendar 28 quarter shall be filed on or before the twentieth day of the 29 calendar month following the end of such calendar quarter. 30 The taxpayer shall also file a return with the Department for 31 each of the first two months of each calendar quarter, on or 32 before the twentieth day of the following calendar month, 33 stating: 34 1. The name of the seller; HB1900 Enrolled -32- LRB9101596PTpkA 1 2. The address of the principal place of business 2 from which he engages in business as a serviceman in this 3 State; 4 3. The total amount of taxable receipts received by 5 him during the preceding calendar month, including 6 receipts from charge and time sales, but less all 7 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; 11 5-5. The signature of the taxpayer; and 12 6. Such other reasonable information as the 13 Department may require. 14 If a taxpayer fails to sign a return within 30 days after 15 the proper notice and demand for signature by the Department, 16 the return shall be considered valid and any amount shown to 17 be due on the return shall be deemed assessed. 18 A serviceman may accept a Manufacturer's Purchase Credit 19 certification from a purchaser in satisfaction of Service Use 20 Tax as provided in Section 3-70 of the Service Use Tax Act if 21 the purchaser provides the appropriate documentation as 22 required by Section 3-70 of the Service Use Tax Act. A 23 Manufacturer's Purchase Credit certification, accepted by a 24 serviceman as provided in Section 3-70 of the Service Use Tax 25 Act, may be used by that serviceman to satisfy Service 26 Occupation Tax liability in the amount claimed in the 27 certification, not to exceed 6.25% of the receipts subject to 28 tax from a qualifying purchase. 29 If the serviceman's average monthly tax liability to the 30 Department does not exceed $200, the Department may authorize 31 his returns to be filed on a quarter annual basis, with the 32 return for January, February and March of a given year being 33 due by April 20 of such year; with the return for April, May 34 and June of a given year being due by July 20 of such year; HB1900 Enrolled -33- LRB9101596PTpkA 1 with the return for July, August and September of a given 2 year being due by October 20 of such year, and with the 3 return for October, November and December of a given year 4 being due by January 20 of the following year. 5 If the serviceman's average monthly tax liability to the 6 Department does not exceed $50, the Department may authorize 7 his returns to be filed on an annual basis, with the return 8 for a given year being due by January 20 of the following 9 year. 10 Such quarter annual and annual returns, as to form and 11 substance, shall be subject to the same requirements as 12 monthly returns. 13 Notwithstanding any other provision in this Act 14 concerning the time within which a serviceman may file his 15 return, in the case of any serviceman who ceases to engage in 16 a kind of business which makes him responsible for filing 17 returns under this Act, such serviceman shall file a final 18 return under this Act with the Department not more than 1 19 month after discontinuing such business. 20 Beginning October 1, 1993, a taxpayer who has an average 21 monthly tax liability of $150,000 or more shall make all 22 payments required by rules of the Department by electronic 23 funds transfer. Beginning October 1, 1994, a taxpayer who 24 has an average monthly tax liability of $100,000 or more 25 shall make all payments required by rules of the Department 26 by electronic funds transfer. Beginning October 1, 1995, a 27 taxpayer who has an average monthly tax liability of $50,000 28 or more shall make all payments required by rules of the 29 Department by electronic funds transfer. The term "average 30 monthly tax liability" means the sum of the taxpayer's 31 liabilities under this Act, and under all other State and 32 local occupation and use tax laws administered by the 33 Department, for the immediately preceding calendar year 34 divided by 12. HB1900 Enrolled -34- LRB9101596PTpkA 1 Before August 1 of each year beginning in 1993, the 2 Department shall notify all taxpayers required to make 3 payments by electronic funds transfer. All taxpayers 4 required to make payments by electronic funds transfer shall 5 make those payments for a minimum of one year beginning on 6 October 1. 7 Any taxpayer not required to make payments by electronic 8 funds transfer may make payments by electronic funds transfer 9 with the permission of the Department. 10 All taxpayers required to make payment by electronic 11 funds transfer and any taxpayers authorized to voluntarily 12 make payments by electronic funds transfer shall make those 13 payments in the manner authorized by the Department. 14 The Department shall adopt such rules as are necessary to 15 effectuate a program of electronic funds transfer and the 16 requirements of this Section. 17 Where a serviceman collects the tax with respect to the 18 selling price of tangible personal property which he sells 19 and the purchaser thereafter returns such tangible personal 20 property and the serviceman refunds the selling price thereof 21 to the purchaser, such serviceman shall also refund, to the 22 purchaser, the tax so collected from the purchaser. When 23 filing his return for the period in which he refunds such tax 24 to the purchaser, the serviceman may deduct the amount of the 25 tax so refunded by him to the purchaser from any other 26 Service Occupation Tax, Service Use Tax, Retailers' 27 Occupation Tax or Use Tax which such serviceman may be 28 required to pay or remit to the Department, as shown by such 29 return, provided that the amount of the tax to be deducted 30 shall previously have been remitted to the Department by such 31 serviceman. If the serviceman shall not previously have 32 remitted the amount of such tax to the Department, he shall 33 be entitled to no deduction hereunder upon refunding such tax 34 to the purchaser. HB1900 Enrolled -35- LRB9101596PTpkA 1 If experience indicates such action to be practicable, 2 the Department may prescribe and furnish a combination or 3 joint return which will enable servicemen, who are required 4 to file returns hereunder and also under the Retailers' 5 Occupation Tax Act, the Use Tax Act or the Service Use Tax 6 Act, to furnish all the return information required by all 7 said Acts on the one form. 8 Where the serviceman has more than one business 9 registered with the Department under separate registrations 10 hereunder, such serviceman shall file separate returns for 11 each registered business. 12 Beginning January 1, 1990, each month the Department 13 shall pay into the Local Government Tax Fund the revenue 14 realized for the preceding month from the 1% tax on sales of 15 food for human consumption which is to be consumed off the 16 premises where it is sold (other than alcoholic beverages, 17 soft drinks and food which has been prepared for immediate 18 consumption) and prescription and nonprescription medicines, 19 drugs, medical appliances and insulin, urine testing 20 materials, syringes and needles used by diabetics. 21 Beginning January 1, 1990, each month the Department 22 shall pay into the County and Mass Transit District Fund 4% 23 of the revenue realized for the preceding month from the 24 6.25% general rate. 25 Beginning January 1, 1990, each month the Department 26 shall pay into the Local Government Tax Fund 16% of the 27 revenue realized for the preceding month from the 6.25% 28 general rate on transfers of tangible personal property. 29 Of the remainder of the moneys received by the Department 30 pursuant to this Act, (a) 1.75% thereof shall be paid into 31 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 32 and on and after July 1, 1989, 3.8% thereof shall be paid 33 into the Build Illinois Fund; provided, however, that if in 34 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, HB1900 Enrolled -36- LRB9101596PTpkA 1 as the case may be, of the moneys received by the Department 2 and required to be paid into the Build Illinois Fund pursuant 3 to Section 3 of the Retailers' Occupation Tax Act, Section 9 4 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 5 Section 9 of the Service Occupation Tax Act, such Acts being 6 hereinafter called the "Tax Acts" and such aggregate of 2.2% 7 or 3.8%, as the case may be, of moneys being hereinafter 8 called the "Tax Act Amount", and (2) the amount transferred 9 to the Build Illinois Fund from the State and Local Sales Tax 10 Reform Fund shall be less than the Annual Specified Amount 11 (as defined in Section 3 of the Retailers' Occupation Tax 12 Act), an amount equal to the difference shall be immediately 13 paid into the Build Illinois Fund from other moneys received 14 by the Department pursuant to the Tax Acts; and further 15 provided, that if on the last business day of any month the 16 sum of (1) the Tax Act Amount required to be deposited into 17 the Build Illinois Account in the Build Illinois Fund during 18 such month and (2) the amount transferred during such month 19 to the Build Illinois Fund from the State and Local Sales Tax 20 Reform Fund shall have been less than 1/12 of the Annual 21 Specified Amount, an amount equal to the difference shall be 22 immediately paid into the Build Illinois Fund from other 23 moneys received by the Department pursuant to the Tax Acts; 24 and, further provided, that in no event shall the payments 25 required under the preceding proviso result in aggregate 26 payments into the Build Illinois Fund pursuant to this clause 27 (b) for any fiscal year in excess of the greater of (i) the 28 Tax Act Amount or (ii) the Annual Specified Amount for such 29 fiscal year; and, further provided, that the amounts payable 30 into the Build Illinois Fund under this clause (b) shall be 31 payable only until such time as the aggregate amount on 32 deposit under each trust indenture securing Bonds issued and 33 outstanding pursuant to the Build Illinois Bond Act is 34 sufficient, taking into account any future investment income, HB1900 Enrolled -37- LRB9101596PTpkA 1 to fully provide, in accordance with such indenture, for the 2 defeasance of or the payment of the principal of, premium, if 3 any, and interest on the Bonds secured by such indenture and 4 on any Bonds expected to be issued thereafter and all fees 5 and costs payable with respect thereto, all as certified by 6 the Director of the Bureau of the Budget. If on the last 7 business day of any month in which Bonds are outstanding 8 pursuant to the Build Illinois Bond Act, the aggregate of the 9 moneys deposited in the Build Illinois Bond Account in the 10 Build Illinois Fund in such month shall be less than the 11 amount required to be transferred in such month from the 12 Build Illinois Bond Account to the Build Illinois Bond 13 Retirement and Interest Fund pursuant to Section 13 of the 14 Build Illinois Bond Act, an amount equal to such deficiency 15 shall be immediately paid from other moneys received by the 16 Department pursuant to the Tax Acts to the Build Illinois 17 Fund; provided, however, that any amounts paid to the Build 18 Illinois Fund in any fiscal year pursuant to this sentence 19 shall be deemed to constitute payments pursuant to clause (b) 20 of the preceding sentence and shall reduce the amount 21 otherwise payable for such fiscal year pursuant to clause (b) 22 of the preceding sentence. The moneys received by the 23 Department pursuant to this Act and required to be deposited 24 into the Build Illinois Fund are subject to the pledge, claim 25 and charge set forth in Section 12 of the Build Illinois Bond 26 Act. 27 Subject to payment of amounts into the Build Illinois 28 Fund as provided in the preceding paragraph or in any 29 amendment thereto hereafter enacted, the following specified 30 monthly installment of the amount requested in the 31 certificate of the Chairman of the Metropolitan Pier and 32 Exposition Authority provided under Section 8.25f of the 33 State Finance Act, but not in excess of the sums designated 34 as "Total Deposit", shall be deposited in the aggregate from HB1900 Enrolled -38- LRB9101596PTpkA 1 collections under Section 9 of the Use Tax Act, Section 9 of 2 the Service Use Tax Act, Section 9 of the Service Occupation 3 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 4 into the McCormick Place Expansion Project Fund in the 5 specified fiscal years. 6 Fiscal Year Total Deposit 7 1993 $0 8 1994 53,000,000 9 1995 58,000,000 10 1996 61,000,000 11 1997 64,000,000 12 1998 68,000,000 13 1999 71,000,000 14 2000 75,000,000 15 2001 80,000,000 16 2002 84,000,000 17 2003 89,000,000 18 2004 93,000,000 19 2005 97,000,000 20 2006 102,000,000 21 2007 and 106,000,000 22 each fiscal year 23 thereafter that bonds 24 are outstanding under 25 Section 13.2 of the 26 Metropolitan Pier and 27 Exposition Authority 28 Act, but not after fiscal year 2029. 29 Beginning July 20, 1993 and in each month of each fiscal 30 year thereafter, one-eighth of the amount requested in the 31 certificate of the Chairman of the Metropolitan Pier and 32 Exposition Authority for that fiscal year, less the amount 33 deposited into the McCormick Place Expansion Project Fund by 34 the State Treasurer in the respective month under subsection HB1900 Enrolled -39- LRB9101596PTpkA 1 (g) of Section 13 of the Metropolitan Pier and Exposition 2 Authority Act, plus cumulative deficiencies in the deposits 3 required under this Section for previous months and years, 4 shall be deposited into the McCormick Place Expansion Project 5 Fund, until the full amount requested for the fiscal year, 6 but not in excess of the amount specified above as "Total 7 Deposit", has been deposited. 8 Subject to payment of amounts into the Build Illinois 9 Fund and the McCormick Place Expansion Project Fund pursuant 10 to the preceding paragraphs or in any amendment thereto 11 hereafter enacted, each month the Department shall pay into 12 the Local Government Distributive Fund 0.4% of the net 13 revenue realized for the preceding month from the 5% general 14 rate or 0.4% of 80% of the net revenue realized for the 15 preceding month from the 6.25% general rate, as the case may 16 be, on the selling price of tangible personal property which 17 amount shall, subject to appropriation, be distributed as 18 provided in Section 2 of the State Revenue Sharing Act. No 19 payments or distributions pursuant to this paragraph shall be 20 made if the tax imposed by this Act on photoprocessing 21 products is declared unconstitutional, or if the proceeds 22 from such tax are unavailable for distribution because of 23 litigation. 24 Subject to payment of amounts into the Build Illinois 25 Fund, the McCormick Place Expansion Project Fund, and the 26 Local Government Distributive Fund pursuant to the preceding 27 paragraphs or in any amendments thereto hereafter enacted, 28 beginning July 1, 1993, the Department shall each month pay 29 into the Illinois Tax Increment Fund 0.27% of 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 Subject to payment of amounts into the Build Illinois 34 Fund, McCormick Place Expansion Project Fund, Local HB1900 Enrolled -40- LRB9101596PTpkA 1 Government Distributive Fund, and Illinois Tax Increment Fund 2 under the preceding paragraphs or any amendment to those 3 paragraphs enacted after the effective date of this 4 amendatory Act of the 91st General Assembly, beginning July 5 1, 1999 and ending June 30, 2009 unless otherwise extended by 6 law, the Department shall each month pay into the Illinois 7 Aquaculture Development Fund $83,335 in the aggregate from 8 collections under this Section, Section 9 of the Use Tax Act, 9 Section 9 of the Service Use Tax Act, and Section 3 of the 10 Retailers' Occupation Tax Act of the 80% of the net revenue 11 realized for the preceding month from the 6.25% general rate 12 on the selling price of tangible personal property. 13 Remaining moneys received by the Department pursuant to 14 this Act shall be paid into the General Revenue Fund of the 15 State Treasury. 16 The Department may, upon separate written notice to a 17 taxpayer, require the taxpayer to prepare and file with the 18 Department on a form prescribed by the Department within not 19 less than 60 days after receipt of the notice an annual 20 information return for the tax year specified in the notice. 21 Such annual return to the Department shall include a 22 statement of gross receipts as shown by the taxpayer's last 23 Federal income tax return. If the total receipts of the 24 business as reported in the Federal income tax return do not 25 agree with the gross receipts reported to the Department of 26 Revenue for the same period, the taxpayer shall attach to his 27 annual return a schedule showing a reconciliation of the 2 28 amounts and the reasons for the difference. The taxpayer's 29 annual return to the Department shall also disclose the cost 30 of goods sold by the taxpayer during the year covered by such 31 return, opening and closing inventories of such goods for 32 such year, cost of goods used from stock or taken from stock 33 and given away by the taxpayer during such year, pay roll 34 information of the taxpayer's business during such year and HB1900 Enrolled -41- LRB9101596PTpkA 1 any additional reasonable information which the Department 2 deems would be helpful in determining the accuracy of the 3 monthly, quarterly or annual returns filed by such taxpayer 4 as hereinbefore provided for in this Section. 5 If the annual information return required by this Section 6 is not filed when and as required, the taxpayer shall be 7 liable as follows: 8 (i) Until January 1, 1994, the taxpayer shall be 9 liable for a penalty equal to 1/6 of 1% of the tax due 10 from such taxpayer under this Act during the period to be 11 covered by the annual return for each month or fraction 12 of a month until such return is filed as required, the 13 penalty to be assessed and collected in the same manner 14 as any other penalty provided for in this Act. 15 (ii) On and after January 1, 1994, the taxpayer 16 shall be liable for a penalty as described in Section 3-4 17 of the Uniform Penalty and Interest Act. 18 The chief executive officer, proprietor, owner or highest 19 ranking manager shall sign the annual return to certify the 20 accuracy of the information contained therein. Any person 21 who willfully signs the annual return containing false or 22 inaccurate information shall be guilty of perjury and 23 punished accordingly. The annual return form prescribed by 24 the Department shall include a warning that the person 25 signing the return may be liable for perjury. 26 The foregoing portion of this Section concerning the 27 filing of an annual information return shall not apply to a 28 serviceman who is not required to file an income tax return 29 with the United States Government. 30 As soon as possible after the first day of each month, 31 upon certification of the Department of Revenue, the 32 Comptroller shall order transferred and the Treasurer shall 33 transfer from the General Revenue Fund to the Motor Fuel Tax 34 Fund an amount equal to 1.7% of 80% of the net revenue HB1900 Enrolled -42- LRB9101596PTpkA 1 realized under this Act for the second preceding month; 2 except that this transfer shall not be made for the months 3 February through June, 1992. 4 Net revenue realized for a month shall be the revenue 5 collected by the State pursuant to this Act, less the amount 6 paid out during that month as refunds to taxpayers for 7 overpayment of liability. 8 For greater simplicity of administration, it shall be 9 permissible for manufacturers, importers and wholesalers 10 whose products are sold by numerous servicemen in Illinois, 11 and who wish to do so, to assume the responsibility for 12 accounting and paying to the Department all tax accruing 13 under this Act with respect to such sales, if the servicemen 14 who are affected do not make written objection to the 15 Department to this arrangement. 16 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 17 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-612, eff. 18 7-8-98.) 19 Section 35. The Retailers' Occupation Tax Act is amended 20 by changing Section 3 as follows: 21 (35 ILCS 120/3) (from Ch. 120, par. 442) 22 Sec. 3. Except as provided in this Section, on or before 23 the twentieth day of each calendar month, every person 24 engaged in the business of selling tangible personal property 25 at retail in this State during the preceding calendar month 26 shall file a return with the Department, stating: 27 1. The name of the seller; 28 2. His residence address and the address of his 29 principal place of business and the address of the 30 principal place of business (if that is a different 31 address) from which he engages in the business of selling 32 tangible personal property at retail in this State; HB1900 Enrolled -43- LRB9101596PTpkA 1 3. Total amount of receipts received by him during 2 the preceding calendar month or quarter, as the case may 3 be, from sales of tangible personal property, and from 4 services furnished, by him during such preceding calendar 5 month or quarter; 6 4. Total amount received by him during the 7 preceding calendar month or quarter on charge and time 8 sales of tangible personal property, and from services 9 furnished, by him prior to the month or quarter for which 10 the return is filed; 11 5. Deductions allowed by law; 12 6. Gross receipts which were received by him during 13 the preceding calendar month or quarter and upon the 14 basis of which the tax is imposed; 15 7. The amount of credit provided in Section 2d of 16 this Act; 17 8. The amount of tax due; 18 9. The signature of the taxpayer; and 19 10. Such other reasonable information as the 20 Department may require. 21 If a taxpayer fails to sign a return within 30 days after 22 the proper notice and demand for signature by the Department, 23 the return shall be considered valid and any amount shown to 24 be due on the return shall be deemed assessed. 25 Each return shall be accompanied by the statement of 26 prepaid tax issued pursuant to Section 2e for which credit is 27 claimed. 28 A retailer may accept a Manufacturer's Purchase Credit 29 certification from a purchaser in satisfaction of Use Tax as 30 provided in Section 3-85 of the Use Tax Act if the purchaser 31 provides the appropriate documentation as required by Section 32 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit 33 certification, accepted by a retailer as provided in Section 34 3-85 of the Use Tax Act, may be used by that retailer to HB1900 Enrolled -44- LRB9101596PTpkA 1 satisfy Retailers' Occupation Tax liability in the amount 2 claimed in the certification, not to exceed 6.25% of the 3 receipts subject to tax from a qualifying purchase. 4 The Department may require returns to be filed on a 5 quarterly basis. If so required, a return for each calendar 6 quarter shall be filed on or before the twentieth day of the 7 calendar month following the end of such calendar quarter. 8 The taxpayer shall also file a return with the Department for 9 each of the first two months of each calendar quarter, on or 10 before the twentieth day of the following calendar month, 11 stating: 12 1. The name of the seller; 13 2. The address of the principal place of business 14 from which he engages in the business of selling tangible 15 personal property at retail in this State; 16 3. The total amount of taxable receipts received by 17 him during the preceding calendar month from sales of 18 tangible personal property by him during such preceding 19 calendar month, including receipts from charge and time 20 sales, but less all deductions allowed by law; 21 4. The amount of credit provided in Section 2d of 22 this Act; 23 5. The amount of tax due; and 24 6. Such other reasonable information as the 25 Department may require. 26 If a total amount of less than $1 is payable, refundable 27 or creditable, such amount shall be disregarded if it is less 28 than 50 cents and shall be increased to $1 if it is 50 cents 29 or more. 30 Beginning October 1, 1993, a taxpayer who has an average 31 monthly tax liability of $150,000 or more shall make all 32 payments required by rules of the Department by electronic 33 funds transfer. Beginning October 1, 1994, a taxpayer who 34 has an average monthly tax liability of $100,000 or more HB1900 Enrolled -45- LRB9101596PTpkA 1 shall make all payments required by rules of the Department 2 by electronic funds transfer. Beginning October 1, 1995, a 3 taxpayer who has an average monthly tax liability of $50,000 4 or more shall make all payments required by rules of the 5 Department by electronic funds transfer. The term "average 6 monthly tax liability" shall be the sum of the taxpayer's 7 liabilities under this Act, and under all other State and 8 local occupation and use tax laws administered by the 9 Department, for the immediately preceding calendar year 10 divided by 12. 11 Before August 1 of each year beginning in 1993, the 12 Department shall notify all taxpayers required to make 13 payments by electronic funds transfer. All taxpayers 14 required to make payments by electronic funds transfer shall 15 make those payments for a minimum of one year beginning on 16 October 1. 17 Any taxpayer not required to make payments by electronic 18 funds transfer may make payments by electronic funds transfer 19 with the permission of the Department. 20 All taxpayers required to make payment by electronic 21 funds transfer and any taxpayers authorized to voluntarily 22 make payments by electronic funds transfer shall make those 23 payments in the manner authorized by the Department. 24 The Department shall adopt such rules as are necessary to 25 effectuate a program of electronic funds transfer and the 26 requirements of this Section. 27 Any amount which is required to be shown or reported on 28 any return or other document under this Act shall, if such 29 amount is not a whole-dollar amount, be increased to the 30 nearest whole-dollar amount in any case where the fractional 31 part of a dollar is 50 cents or more, and decreased to the 32 nearest whole-dollar amount where the fractional part of a 33 dollar is less than 50 cents. 34 If the retailer is otherwise required to file a monthly HB1900 Enrolled -46- LRB9101596PTpkA 1 return and if the retailer's average monthly tax liability to 2 the Department does not exceed $200, the Department may 3 authorize his returns to be filed on a quarter annual basis, 4 with the return for January, February and March of a given 5 year being due by April 20 of such year; with the return for 6 April, May and June of a given year being due by July 20 of 7 such year; with the return for July, August and September of 8 a given year being due by October 20 of such year, and with 9 the return for October, November and December of a given year 10 being due by January 20 of the following year. 11 If the retailer is otherwise required to file a monthly 12 or quarterly return and if the retailer's average monthly tax 13 liability with the Department does not exceed $50, the 14 Department may authorize his returns to be filed on an annual 15 basis, with the return for a given year being due by January 16 20 of the following year. 17 Such quarter annual and annual returns, as to form and 18 substance, shall be subject to the same requirements as 19 monthly returns. 20 Notwithstanding any other provision in this Act 21 concerning the time within which a retailer may file his 22 return, in the case of any retailer who ceases to engage in a 23 kind of business which makes him responsible for filing 24 returns under this Act, such retailer shall file a final 25 return under this Act with the Department not more than one 26 month after discontinuing such business. 27 Where the same person has more than one business 28 registered with the Department under separate registrations 29 under this Act, such person may not file each return that is 30 due as a single return covering all such registered 31 businesses, but shall file separate returns for each such 32 registered business. 33 In addition, with respect to motor vehicles, watercraft, 34 aircraft, and trailers that are required to be registered HB1900 Enrolled -47- LRB9101596PTpkA 1 with an agency of this State, every retailer selling this 2 kind of tangible personal property shall file, with the 3 Department, upon a form to be prescribed and supplied by the 4 Department, a separate return for each such item of tangible 5 personal property which the retailer sells, except that 6 where, in the same transaction, a retailer of aircraft, 7 watercraft, motor vehicles or trailers transfers more than 8 one aircraft, watercraft, motor vehicle or trailer to another 9 aircraft, watercraft, motor vehicle retailer or trailer 10 retailer for the purpose of resale, that seller for resale 11 may report the transfer of all aircraft, watercraft, motor 12 vehicles or trailers involved in that transaction to the 13 Department on the same uniform invoice-transaction reporting 14 return form. For purposes of this Section, "watercraft" 15 means a Class 2, Class 3, or Class 4 watercraft as defined in 16 Section 3-2 of the Boat Registration and Safety Act, a 17 personal watercraft, or any boat equipped with an inboard 18 motor. 19 Any retailer who sells only motor vehicles, watercraft, 20 aircraft, or trailers that are required to be registered with 21 an agency of this State, so that all retailers' occupation 22 tax liability is required to be reported, and is reported, on 23 such transaction reporting returns and who is not otherwise 24 required to file monthly or quarterly returns, need not file 25 monthly or quarterly returns. However, those retailers shall 26 be required to file returns on an annual basis. 27 The transaction reporting return, in the case of motor 28 vehicles or trailers that are required to be registered with 29 an agency of this State, shall be the same document as the 30 Uniform Invoice referred to in Section 5-402 of The Illinois 31 Vehicle Code and must show the name and address of the 32 seller; the name and address of the purchaser; the amount of 33 the selling price including the amount allowed by the 34 retailer for traded-in property, if any; the amount allowed HB1900 Enrolled -48- LRB9101596PTpkA 1 by the retailer for the traded-in tangible personal property, 2 if any, to the extent to which Section 1 of this Act allows 3 an exemption for the value of traded-in property; the balance 4 payable after deducting such trade-in allowance from the 5 total selling price; the amount of tax due from the retailer 6 with respect to such transaction; the amount of tax collected 7 from the purchaser by the retailer on such transaction (or 8 satisfactory evidence that such tax is not due in that 9 particular instance, if that is claimed to be the fact); the 10 place and date of the sale; a sufficient identification of 11 the property sold; such other information as is required in 12 Section 5-402 of The Illinois Vehicle Code, and such other 13 information as the Department may reasonably require. 14 The transaction reporting return in the case of 15 watercraft or aircraft must show the name and address of the 16 seller; the name and address of the purchaser; the amount of 17 the selling price including the amount allowed by the 18 retailer for traded-in property, if any; the amount allowed 19 by the retailer for the traded-in tangible personal property, 20 if any, to the extent to which Section 1 of this Act allows 21 an exemption for the value of traded-in property; the balance 22 payable after deducting such trade-in allowance from the 23 total selling price; the amount of tax due from the retailer 24 with respect to such transaction; the amount of tax collected 25 from the purchaser by the retailer on such transaction (or 26 satisfactory evidence that such tax is not due in that 27 particular instance, if that is claimed to be the fact); the 28 place and date of the sale, a sufficient identification of 29 the property sold, and such other information as the 30 Department may reasonably require. 31 Such transaction reporting return shall be filed not 32 later than 20 days after the day of delivery of the item that 33 is being sold, but may be filed by the retailer at any time 34 sooner than that if he chooses to do so. The transaction HB1900 Enrolled -49- LRB9101596PTpkA 1 reporting return and tax remittance or proof of exemption 2 from the Illinois use tax may be transmitted to the 3 Department by way of the State agency with which, or State 4 officer with whom the tangible personal property must be 5 titled or registered (if titling or registration is required) 6 if the Department and such agency or State officer determine 7 that this procedure will expedite the processing of 8 applications for title or registration. 9 With each such transaction reporting return, the retailer 10 shall remit the proper amount of tax due (or shall submit 11 satisfactory evidence that the sale is not taxable if that is 12 the case), to the Department or its agents, whereupon the 13 Department shall issue, in the purchaser's name, a use tax 14 receipt (or a certificate of exemption if the Department is 15 satisfied that the particular sale is tax exempt) which such 16 purchaser may submit to the agency with which, or State 17 officer with whom, he must title or register the tangible 18 personal property that is involved (if titling or 19 registration is required) in support of such purchaser's 20 application for an Illinois certificate or other evidence of 21 title or registration to such tangible personal property. 22 No retailer's failure or refusal to remit tax under this 23 Act precludes a user, who has paid the proper tax to the 24 retailer, from obtaining his certificate of title or other 25 evidence of title or registration (if titling or registration 26 is required) upon satisfying the Department that such user 27 has paid the proper tax (if tax is due) to the retailer. The 28 Department shall adopt appropriate rules to carry out the 29 mandate of this paragraph. 30 If the user who would otherwise pay tax to the retailer 31 wants the transaction reporting return filed and the payment 32 of the tax or proof of exemption made to the Department 33 before the retailer is willing to take these actions and such 34 user has not paid the tax to the retailer, such user may HB1900 Enrolled -50- LRB9101596PTpkA 1 certify to the fact of such delay by the retailer and may 2 (upon the Department being satisfied of the truth of such 3 certification) transmit the information required by the 4 transaction reporting return and the remittance for tax or 5 proof of exemption directly to the Department and obtain his 6 tax receipt or exemption determination, in which event the 7 transaction reporting return and tax remittance (if a tax 8 payment was required) shall be credited by the Department to 9 the proper retailer's account with the Department, but 10 without the 2.1% or 1.75% discount provided for in this 11 Section being allowed. When the user pays the tax directly 12 to the Department, he shall pay the tax in the same amount 13 and in the same form in which it would be remitted if the tax 14 had been remitted to the Department by the retailer. 15 Refunds made by the seller during the preceding return 16 period to purchasers, on account of tangible personal 17 property returned to the seller, shall be allowed as a 18 deduction under subdivision 5 of his monthly or quarterly 19 return, as the case may be, in case the seller had 20 theretofore included the receipts from the sale of such 21 tangible personal property in a return filed by him and had 22 paid the tax imposed by this Act with respect to such 23 receipts. 24 Where the seller is a corporation, the return filed on 25 behalf of such corporation shall be signed by the president, 26 vice-president, secretary or treasurer or by the properly 27 accredited agent of such corporation. 28 Where the seller is a limited liability company, the 29 return filed on behalf of the limited liability company shall 30 be signed by a manager, member, or properly accredited agent 31 of the limited liability company. 32 Except as provided in this Section, the retailer filing 33 the return under this Section shall, at the time of filing 34 such return, pay to the Department the amount of tax imposed HB1900 Enrolled -51- LRB9101596PTpkA 1 by this Act less a discount of 2.1% prior to January 1, 1990 2 and 1.75% on and after January 1, 1990, or $5 per calendar 3 year, whichever is greater, which is allowed to reimburse the 4 retailer for the expenses incurred in keeping records, 5 preparing and filing returns, remitting the tax and supplying 6 data to the Department on request. Any prepayment made 7 pursuant to Section 2d of this Act shall be included in the 8 amount on which such 2.1% or 1.75% discount is computed. In 9 the case of retailers who report and pay the tax on a 10 transaction by transaction basis, as provided in this 11 Section, such discount shall be taken with each such tax 12 remittance instead of when such retailer files his periodic 13 return. 14 If the taxpayer's average monthly tax liability to the 15 Department under this Act, the Use Tax Act, the Service 16 Occupation Tax Act, and the Service Use Tax Act, excluding 17 any liability for prepaid sales tax to be remitted in 18 accordance with Section 2d of this Act, was $10,000 or more 19 during the preceding 4 complete calendar quarters, he shall 20 file a return with the Department each month by the 20th day 21 of the month next following the month during which such tax 22 liability is incurred and shall make payments to the 23 Department on or before the 7th, 15th, 22nd and last day of 24 the month during which such liability is incurred. If the 25 month during which such tax liability is incurred began prior 26 to January 1, 1985, each payment shall be in an amount equal 27 to 1/4 of the taxpayer's actual liability for the month or an 28 amount set by the Department not to exceed 1/4 of the average 29 monthly liability of the taxpayer to the Department for the 30 preceding 4 complete calendar quarters (excluding the month 31 of highest liability and the month of lowest liability in 32 such 4 quarter period). If the month during which such tax 33 liability is incurred begins on or after January 1, 1985 and 34 prior to January 1, 1987, each payment shall be in an amount HB1900 Enrolled -52- LRB9101596PTpkA 1 equal to 22.5% of the taxpayer's actual liability for the 2 month or 27.5% of the taxpayer's liability for the same 3 calendar month of the preceding year. If the month during 4 which such tax liability is incurred begins on or after 5 January 1, 1987 and prior to January 1, 1988, each payment 6 shall be in an amount equal to 22.5% of the taxpayer's actual 7 liability for the month or 26.25% of the taxpayer's liability 8 for the same calendar month of the preceding year. If the 9 month during which such tax liability is incurred begins on 10 or after January 1, 1988, and prior to January 1, 1989, or 11 begins on or after January 1, 1996, each payment shall be in 12 an amount equal to 22.5% of the taxpayer's actual liability 13 for the month or 25% of the taxpayer's liability for the same 14 calendar month of the preceding year. If the month during 15 which such tax liability is incurred begins on or after 16 January 1, 1989, and prior to January 1, 1996, each payment 17 shall be in an amount equal to 22.5% of the taxpayer's actual 18 liability for the month or 25% of the taxpayer's liability 19 for the same calendar month of the preceding year or 100% of 20 the taxpayer's actual liability for the quarter monthly 21 reporting period. The amount of such quarter monthly 22 payments shall be credited against the final tax liability of 23 the taxpayer's return for that month. Once applicable, the 24 requirement of the making of quarter monthly payments to the 25 Department by taxpayers having an average monthly tax 26 liability of $10,000 or more as determined in the manner 27 provided above shall continue until such taxpayer's average 28 monthly liability to the Department during the preceding 4 29 complete calendar quarters (excluding the month of highest 30 liability and the month of lowest liability) is less than 31 $9,000, or until such taxpayer's average monthly liability to 32 the Department as computed for each calendar quarter of the 4 33 preceding complete calendar quarter period is less than 34 $10,000. However, if a taxpayer can show the Department that HB1900 Enrolled -53- LRB9101596PTpkA 1 a substantial change in the taxpayer's business has occurred 2 which causes the taxpayer to anticipate that his average 3 monthly tax liability for the reasonably foreseeable future 4 will fall below $10,000, then such taxpayer may petition the 5 Department for a change in such taxpayer's reporting status. 6 The Department shall change such taxpayer's reporting status 7 unless it finds that such change is seasonal in nature and 8 not likely to be long term. If any such quarter monthly 9 payment is not paid at the time or in the amount required by 10 this Section, then the taxpayer shall be liable for penalties 11 and interest on the difference between the minimum amount due 12 as a payment and the amount of such quarter monthly payment 13 actually and timely paid, except insofar as the taxpayer has 14 previously made payments for that month to the Department in 15 excess of the minimum payments previously due as provided in 16 this Section. The Department shall make reasonable rules and 17 regulations to govern the quarter monthly payment amount and 18 quarter monthly payment dates for taxpayers who file on other 19 than a calendar monthly basis. 20 Without regard to whether a taxpayer is required to make 21 quarter monthly payments as specified above, any taxpayer who 22 is required by Section 2d of this Act to collect and remit 23 prepaid taxes and has collected prepaid taxes which average 24 in excess of $25,000 per month during the preceding 2 25 complete calendar quarters, shall file a return with the 26 Department as required by Section 2f and shall make payments 27 to the Department on or before the 7th, 15th, 22nd and last 28 day of the month during which such liability is incurred. If 29 the month during which such tax liability is incurred began 30 prior to the effective date of this amendatory Act of 1985, 31 each payment shall be in an amount not less than 22.5% of the 32 taxpayer's actual liability under Section 2d. If the month 33 during which such tax liability is incurred begins on or 34 after January 1, 1986, each payment shall be in an amount HB1900 Enrolled -54- LRB9101596PTpkA 1 equal to 22.5% of the taxpayer's actual liability for the 2 month or 27.5% of the taxpayer's liability for the same 3 calendar month of the preceding calendar year. If the month 4 during which such tax liability is incurred begins on or 5 after January 1, 1987, each payment shall be in an amount 6 equal to 22.5% of the taxpayer's actual liability for the 7 month or 26.25% of the taxpayer's liability for the same 8 calendar month of the preceding year. The amount of such 9 quarter monthly payments shall be credited against the final 10 tax liability of the taxpayer's return for that month filed 11 under this Section or Section 2f, as the case may be. Once 12 applicable, the requirement of the making of quarter monthly 13 payments to the Department pursuant to this paragraph shall 14 continue until such taxpayer's average monthly prepaid tax 15 collections during the preceding 2 complete calendar quarters 16 is $25,000 or less. If any such quarter monthly payment is 17 not paid at the time or in the amount required, the taxpayer 18 shall be liable for penalties and interest on such 19 difference, except insofar as the taxpayer has previously 20 made payments for that month in excess of the minimum 21 payments previously due. 22 If any payment provided for in this Section exceeds the 23 taxpayer's liabilities under this Act, the Use Tax Act, the 24 Service Occupation Tax Act and the Service Use Tax Act, as 25 shown on an original monthly return, the Department shall, if 26 requested by the taxpayer, issue to the taxpayer a credit 27 memorandum no later than 30 days after the date of payment. 28 The credit evidenced by such credit memorandum may be 29 assigned by the taxpayer to a similar taxpayer under this 30 Act, the Use Tax Act, the Service Occupation Tax Act or the 31 Service Use Tax Act, in accordance with reasonable rules and 32 regulations to be prescribed by the Department. If no such 33 request is made, the taxpayer may credit such excess payment 34 against tax liability subsequently to be remitted to the HB1900 Enrolled -55- LRB9101596PTpkA 1 Department under this Act, the Use Tax Act, the Service 2 Occupation Tax Act or the Service Use Tax Act, in accordance 3 with reasonable rules and regulations prescribed by the 4 Department. If the Department subsequently determined that 5 all or any part of the credit taken was not actually due to 6 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount 7 shall be reduced by 2.1% or 1.75% of the difference between 8 the credit taken and that actually due, and that taxpayer 9 shall be liable for penalties and interest on such 10 difference. 11 If a retailer of motor fuel is entitled to a credit under 12 Section 2d of this Act which exceeds the taxpayer's liability 13 to the Department under this Act for the month which the 14 taxpayer is filing a return, the Department shall issue the 15 taxpayer a credit memorandum for the excess. 16 Beginning January 1, 1990, each month the Department 17 shall pay into the Local Government Tax Fund, a special fund 18 in the State treasury which is hereby created, the net 19 revenue realized for the preceding month from the 1% tax on 20 sales of food for human consumption which is to be consumed 21 off the premises where it is sold (other than alcoholic 22 beverages, soft drinks and food which has been prepared for 23 immediate consumption) and prescription and nonprescription 24 medicines, drugs, medical appliances and insulin, urine 25 testing materials, syringes and needles used by diabetics. 26 Beginning January 1, 1990, each month the Department 27 shall pay into the County and Mass Transit District Fund, a 28 special fund in the State treasury which is hereby created, 29 4% of the net revenue realized for the preceding month from 30 the 6.25% general rate. 31 Beginning January 1, 1990, each month the Department 32 shall pay into the Local Government Tax Fund 16% of the net 33 revenue realized for the preceding month from the 6.25% 34 general rate on the selling price of tangible personal HB1900 Enrolled -56- LRB9101596PTpkA 1 property. 2 Of the remainder of the moneys received by the Department 3 pursuant to this Act, (a) 1.75% thereof shall be paid into 4 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 5 and on and after July 1, 1989, 3.8% thereof shall be paid 6 into the Build Illinois Fund; provided, however, that if in 7 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 8 as the case may be, of the moneys received by the Department 9 and required to be paid into the Build Illinois Fund pursuant 10 to this Act, Section 9 of the Use Tax Act, Section 9 of the 11 Service Use Tax Act, and Section 9 of the Service Occupation 12 Tax Act, such Acts being hereinafter called the "Tax Acts" 13 and such aggregate of 2.2% or 3.8%, as the case may be, of 14 moneys being hereinafter called the "Tax Act Amount", and (2) 15 the amount transferred to the Build Illinois Fund from the 16 State and Local Sales Tax Reform Fund shall be less than the 17 Annual Specified Amount (as hereinafter defined), an amount 18 equal to the difference shall be immediately paid into the 19 Build Illinois Fund from other moneys received by the 20 Department pursuant to the Tax Acts; the "Annual Specified 21 Amount" means the amounts specified below for fiscal years 22 1986 through 1993: 23 Fiscal Year Annual Specified Amount 24 1986 $54,800,000 25 1987 $76,650,000 26 1988 $80,480,000 27 1989 $88,510,000 28 1990 $115,330,000 29 1991 $145,470,000 30 1992 $182,730,000 31 1993 $206,520,000; 32 and means the Certified Annual Debt Service Requirement (as 33 defined in Section 13 of the Build Illinois Bond Act) or the 34 Tax Act Amount, whichever is greater, for fiscal year 1994 HB1900 Enrolled -57- LRB9101596PTpkA 1 and each fiscal year thereafter; and further provided, that 2 if on the last business day of any month the sum of (1) the 3 Tax Act Amount required to be deposited into the Build 4 Illinois Bond Account in the Build Illinois Fund during such 5 month and (2) the amount transferred to the Build Illinois 6 Fund from the State and Local Sales Tax Reform Fund shall 7 have been less than 1/12 of the Annual Specified Amount, an 8 amount equal to the difference shall be immediately paid into 9 the Build Illinois Fund from other moneys received by the 10 Department pursuant to the Tax Acts; and, further provided, 11 that in no event shall the payments required under the 12 preceding proviso result in aggregate payments into the Build 13 Illinois Fund pursuant to this clause (b) for any fiscal year 14 in excess of the greater of (i) the Tax Act Amount or (ii) 15 the Annual Specified Amount for such fiscal year. The 16 amounts payable into the Build Illinois Fund under clause (b) 17 of the first sentence in this paragraph shall be payable only 18 until such time as the aggregate amount on deposit under each 19 trust indenture securing Bonds issued and outstanding 20 pursuant to the Build Illinois Bond Act is sufficient, taking 21 into account any future investment income, to fully provide, 22 in accordance with such indenture, for the defeasance of or 23 the payment of the principal of, premium, if any, and 24 interest on the Bonds secured by such indenture and on any 25 Bonds expected to be issued thereafter and all fees and costs 26 payable with respect thereto, all as certified by the 27 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 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 HB1900 Enrolled -58- 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 first sentence of this paragraph and shall reduce the 8 amount otherwise payable for such fiscal year pursuant to 9 that clause (b). The moneys received by the Department 10 pursuant to this Act and required to be deposited into the 11 Build Illinois Fund are subject to the pledge, claim and 12 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 sums designated as 21 "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 HB1900 Enrolled -59- 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 HB1900 Enrolled -60- 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 to the preceding 13 paragraphs or in any amendments thereto hereafter enacted, 14 beginning July 1, 1993, the Department shall each month pay 15 into the Illinois Tax Increment Fund 0.27% of 80% of the net 16 revenue realized for the preceding month from the 6.25% 17 general rate on the selling price of tangible personal 18 property. 19 Subject to payment of amounts into the Build Illinois 20 Fund, McCormick Place Expansion Project Fund, Local 21 Government Distributive Fund, and Illinois Tax Increment Fund 22 under the preceding paragraphs or any amendment to those 23 paragraphs enacted after the effective date of this 24 amendatory Act of the 91st General Assembly, beginning July 25 1, 1999 and ending June 30, 2009 unless otherwise extended by 26 law, the Department shall each month pay into the Illinois 27 Aquaculture Development Fund $83,335 in the aggregate from 28 collections under this Section, Section 9 of the Use Tax Act, 29 Section 9 of the Service Use Tax Act, and Section 9 of the 30 Service Occupation Tax Act of the 80% of the net revenue 31 realized for the preceding month from the 6.25% general rate 32 on the gross receipts from sales of tangible personal 33 property. 34 Of the remainder of the moneys received by the Department HB1900 Enrolled -61- LRB9101596PTpkA 1 pursuant to this Act, 75% thereof shall be paid into the 2 State Treasury and 25% shall be reserved in a special account 3 and used only for the transfer to the Common School Fund as 4 part of the monthly transfer from the General Revenue Fund in 5 accordance with Section 8a of the State Finance Act. 6 The Department may, upon separate written notice to a 7 taxpayer, require the taxpayer to prepare and file with the 8 Department on a form prescribed by the Department within not 9 less than 60 days after receipt of the notice an annual 10 information return for the tax year specified in the notice. 11 Such annual return to the Department shall include a 12 statement of gross receipts as shown by the retailer's last 13 Federal income tax return. If the total receipts of the 14 business as reported in the Federal income tax return do not 15 agree with the gross receipts reported to the Department of 16 Revenue for the same period, the retailer shall attach to his 17 annual return a schedule showing a reconciliation of the 2 18 amounts and the reasons for the difference. The retailer's 19 annual return to the Department shall also disclose the cost 20 of goods sold by the retailer during the year covered by such 21 return, opening and closing inventories of such goods for 22 such year, costs of goods used from stock or taken from stock 23 and given away by the retailer during such year, payroll 24 information of the retailer's business during such year and 25 any additional reasonable information which the Department 26 deems would be helpful in determining the accuracy of the 27 monthly, quarterly or annual returns filed by such retailer 28 as provided for in this Section. 29 If the annual information return required by this Section 30 is not filed when and as required, the taxpayer shall be 31 liable as follows: 32 (i) Until January 1, 1994, the taxpayer shall be 33 liable for a penalty equal to 1/6 of 1% of the tax due 34 from such taxpayer under this Act during the period to be HB1900 Enrolled -62- LRB9101596PTpkA 1 covered by the annual return for each month or fraction 2 of a month until such return is filed as required, the 3 penalty to be assessed and collected in the same manner 4 as any other penalty provided for in this Act. 5 (ii) On and after January 1, 1994, the taxpayer 6 shall be liable for a penalty as described in Section 3-4 7 of the Uniform Penalty and Interest Act. 8 The chief executive officer, proprietor, owner or highest 9 ranking manager shall sign the annual return to certify the 10 accuracy of the information contained therein. Any person 11 who willfully signs the annual return containing false or 12 inaccurate information shall be guilty of perjury and 13 punished accordingly. The annual return form prescribed by 14 the Department shall include a warning that the person 15 signing the return may be liable for perjury. 16 The provisions of this Section concerning the filing of 17 an annual information return do not apply to a retailer who 18 is not required to file an income tax return with the United 19 States Government. 20 As soon as possible after the first day of each month, 21 upon certification of the Department of Revenue, the 22 Comptroller shall order transferred and the Treasurer shall 23 transfer from the General Revenue Fund to the Motor Fuel Tax 24 Fund an amount equal to 1.7% of 80% of the net revenue 25 realized under this Act for the second preceding month; 26 except that this transfer shall not be made for the months 27 February through June, 1992. 28 Net revenue realized for a month shall be the revenue 29 collected by the State pursuant to this Act, less the amount 30 paid out during that month as refunds to taxpayers for 31 overpayment of liability. 32 For greater simplicity of administration, manufacturers, 33 importers and wholesalers whose products are sold at retail 34 in Illinois by numerous retailers, and who wish to do so, may HB1900 Enrolled -63- LRB9101596PTpkA 1 assume the responsibility for accounting and paying to the 2 Department all tax accruing under this Act with respect to 3 such sales, if the retailers who are affected do not make 4 written objection to the Department to this arrangement. 5 Any person who promotes, organizes, provides retail 6 selling space for concessionaires or other types of sellers 7 at the Illinois State Fair, DuQuoin State Fair, county fairs, 8 local fairs, art shows, flea markets and similar exhibitions 9 or events, including any transient merchant as defined by 10 Section 2 of the Transient Merchant Act of 1987, is required 11 to file a report with the Department providing the name of 12 the merchant's business, the name of the person or persons 13 engaged in merchant's business, the permanent address and 14 Illinois Retailers Occupation Tax Registration Number of the 15 merchant, the dates and location of the event and other 16 reasonable information that the Department may require. The 17 report must be filed not later than the 20th day of the month 18 next following the month during which the event with retail 19 sales was held. Any person who fails to file a report 20 required by this Section commits a business offense and is 21 subject to a fine not to exceed $250. 22 Any person engaged in the business of selling tangible 23 personal property at retail as a concessionaire or other type 24 of seller at the Illinois State Fair, county fairs, art 25 shows, flea markets and similar exhibitions or events, or any 26 transient merchants, as defined by Section 2 of the Transient 27 Merchant Act of 1987, may be required to make a daily report 28 of the amount of such sales to the Department and to make a 29 daily payment of the full amount of tax due. The Department 30 shall impose this requirement when it finds that there is a 31 significant risk of loss of revenue to the State at such an 32 exhibition or event. Such a finding shall be based on 33 evidence that a substantial number of concessionaires or 34 other sellers who are not residents of Illinois will be HB1900 Enrolled -64- LRB9101596PTpkA 1 engaging in the business of selling tangible personal 2 property at retail at the exhibition or event, or other 3 evidence of a significant risk of loss of revenue to the 4 State. The Department shall notify concessionaires and other 5 sellers affected by the imposition of this requirement. In 6 the absence of notification by the Department, the 7 concessionaires and other sellers shall file their returns as 8 otherwise required in this Section. 9 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 10 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 11 1-1-99; 90-612, eff. 7-8-98.) 12 Section 40. The County Cooperative Extension Law is 13 amended by changing Section 2a as follows: 14 (505 ILCS 45/2a) (from Ch. 5, par. 242a) 15 Sec. 2a. Information and assistance. 16 (a) The Cooperative Extension Service of the University 17 of Illinois shall provide information and assistance to 18 person who are timber growers and to persons who may be 19 unaware of the economic and soil and water conservation 20 benefits that can be attained through forestry management on 21 marginal agricultural lands. 22 (b) The Department of Agriculture, in cooperation with 23 the Cooperative Extension Service of the University of 24 Illinois, in conjunction with the Agriculture Experiment 25 Station and Southern Illinois University at Carbondale, shall 26 provide information on aquaculture and shall explore the 27 establishment of an aquaculture resource center for 28 disseminating information and demonstrating the viability of 29 aquaculture as a part of the diversified agriculture of this 30 State. 31 The Department of Agriculture in cooperation with the (i) 32 Cooperative Extension Service of the University of Illinois, HB1900 Enrolled -65- LRB9101596PTpkA 1 (ii) Southern Illinois University at Carbondale, (iii) 2 Illinois State University at Bloomington-Normal, (iv) Western 3 Illinois University at Macomb, and (v) community colleges 4 organized under the Public Community College Act shall 5 provide information and assistance to the aquaculture 6 industry in the State concerning the Aquaculture Cooperative 7 established under the Aquaculture Development Act and 8 incorporated under the Agricultural Co-Operative Act. 9 (Source: P.A. 85-856.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law. HB1900 Enrolled -66- 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