Public Act 103-0712 Public Act 0712 103RD GENERAL ASSEMBLY |
Public Act 103-0712 | HB5412 Enrolled | LRB103 34192 HLH 64015 b |
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| AN ACT concerning revenue.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Reimagining Energy and Vehicles in Illinois | Act is amended by changing Section 30 as follows: | (20 ILCS 686/30)
| Sec. 30. Tax credit awards. | (a) Subject to the conditions set forth in this Act, a | taxpayer is entitled to a credit against the tax imposed | pursuant to subsections (a) and (b) of Section 201 of the | Illinois Income Tax Act for a taxable year beginning on or | after January 1, 2025 if the taxpayer is awarded a credit by | the Department in accordance with an agreement under this Act. | The Department has authority to award credits under this Act | on and after January 1, 2022. | (b) REV Illinois Credits. A taxpayer may receive a tax | credit against the tax imposed under subsections (a) and (b) | of Section 201 of the Illinois Income Tax Act, not to exceed | the sum of (i) 75% of the incremental income tax attributable | to new employees at the applicant's project and (ii) 10% of the | training costs of the new employees. If the project is located | in an underserved area or an energy transition area, then the | amount of the credit may not exceed the sum of (i) 100% of the |
| incremental income tax attributable to new employees at the | applicant's project; and (ii) 10% of the training costs of the | new employees. The percentage of training costs includable in | the calculation may be increased by an additional 15% for | training costs associated with new employees that are recent | (2 years or less) graduates, certificate holders, or | credential recipients from an institution of higher education | in Illinois, or, if the training is provided by an institution | of higher education in Illinois, the Clean Jobs Workforce | Network Program, or an apprenticeship and training program | located in Illinois and approved by and registered with the | United States Department of Labor's Bureau of Apprenticeship | and Training. An applicant is also eligible for a training | credit that shall not exceed 10% of the training costs of | retained employees for the purpose of upskilling to meet the | operational needs of the applicant or the REV Illinois | Project. The percentage of training costs includable in the | calculation shall not exceed a total of 25%. If an applicant | agrees to hire the required number of new employees, then the | maximum amount of the credit for that applicant may be | increased by an amount not to exceed 75% of the incremental | income tax attributable to retained employees at the | applicant's project; provided that, in order to receive the | increase for retained employees, the applicant must, if | applicable, meet or exceed the statewide baseline. For | agreements entered into on or after the effective date of this |
| amendatory Act of the 103rd General Assembly and before June | 1, 2024 that qualify under paragraph (5) of subsection (c) of | Section 20, a taxpayer may receive a tax credit not to exceed | 75% of the incremental income tax attributable to retained | employees at the applicant's project. If the project is in an | underserved area or an energy transition area and qualifies | under paragraph (5) of subsection (c) of Section 20, then the | maximum amount of the credit attributable to retained | employees for the applicant may be increased to an amount not | to exceed 100% of the incremental income tax attributable to | retained employees at the applicant's project. | If the Project is in an underserved area or an energy | transition area, the maximum amount of the credit attributable | to retained employees for the applicant may be increased to an | amount not to exceed 100% of the incremental income tax | attributable to retained employees at the applicant's project; | provided that, in order to receive the increase for retained | employees, the applicant must meet or exceed the statewide | baseline. REV Illinois Credits awarded may include credit | earned for incremental income tax withheld and training costs | incurred by the taxpayer beginning on or after January 1, | 2022. Credits so earned and certified by the Department may be | applied against the tax imposed by subsections (a) and (b) of | Section 201 of the Illinois Income Tax Act for taxable years | beginning on or after January 1, 2025. | (c) REV Construction Jobs Credit. For construction wages |
| associated with a project that qualified for a REV Illinois | Credit under subsection (b), the taxpayer may receive a tax | credit against the tax imposed under subsections (a) and (b) | of Section 201 of the Illinois Income Tax Act in an amount | equal to 50% of the incremental income tax attributable to | construction wages paid in connection with construction of the | project facilities, as a jobs credit for workers hired to | construct the project. | The REV Construction Jobs Credit may not exceed 75% of the | amount of the incremental income tax attributable to | construction wages paid in connection with construction of the | project facilities if the project is in an underserved area or | an energy transition area. | (d) The Department shall certify to the Department of | Revenue: (1) the identity of Taxpayers that are eligible for | the REV Illinois Credit and REV Construction Jobs Credit; (2) | the amount of the REV Illinois Credits and REV Construction | Jobs Credits awarded in each calendar year; and (3) the amount | of the REV Illinois Credit and REV Construction Jobs Credit | claimed in each calendar year. REV Illinois Credits awarded | may include credit earned for Incremental Income Tax withheld | and Training Costs incurred by the Taxpayer beginning on or | after January 1, 2022. Credits so earned and certified by the | Department may be applied against the tax imposed by Section | 201(a) and (b) of the Illinois Income Tax Act for taxable years | beginning on or after January 1, 2025. |
| (e) Applicants seeking certification for tax credits | related to the construction of the project facilities in the | State shall require the contractor to enter into a project | labor agreement that conforms with the Project Labor | Agreements Act. | (f) Any applicant issued a certificate for a tax credit or | tax exemption under this Act must annually report to the | Department the total project tax benefits received. Reports | are due no later than May 31 of each year and shall cover the | previous calendar year. The first report is for the 2022 | calendar year and is due no later than May 31, 2023. Failure to | report data may result in ineligibility to receive incentives. | The Department, in consultation with the Department of | Revenue, is authorized to adopt rules governing ineligibility | to receive exemptions, including the length of ineligibility. | Factors to be considered in determining whether a business is | ineligible shall include, but are not limited to, prior | compliance with the reporting requirements, cooperation in | discontinuing and correcting violations, the extent of the | violation, and whether the violation was willful or | inadvertent. | For applicants issued a certificate of exemption under | Section 105 of this Act, the report shall be the same as | required for a High Impact Business under subsection (a-5) of | Section 8.1 of the Illinois Enterprise Zone Act. Failure to | report data may result in revocation of the building materials |
| exemption certificate issued to a taxpayer. The Department of | Revenue is authorized to adopt rules governing revocation | determinations, including the length of revocation. Factors to | be considered in revocations shall include, but are not | limited to, prior compliance with the reporting requirements, | cooperation in discontinuing and correcting violations, and | whether the certificate was used unlawfully during the | preceding year. | Each person required to file a return under the Gas | Revenue Tax Act, the Electricity Excise Tax Law, or the | Telecommunications Excise Tax Act shall file a report | containing information about customers that are issued an | exemption certificate under Section 95 of this Act in the same | manner and form as they are required to report under | subsection (b) of Section 8.1 of the Illinois Enterprise Zone | Act. | (g) Nothing in this Act shall prohibit an award of credit | to an applicant that uses a PEO if all other award criteria are | satisfied. | (h) With respect to any portion of a REV Illinois Credit | that is based on the incremental income tax attributable to | new employees or retained employees, in lieu of the Credit | allowed under this Act against the taxes imposed pursuant to | subsections (a) and (b) of Section 201 of the Illinois Income | Tax Act, a taxpayer that otherwise meets the criteria set | forth in this Section, the taxpayer may elect to claim the |
| credit, on or after January 1, 2025, against its obligation to | pay over withholding under Section 704A of the Illinois Income | Tax Act. The election shall be made in the manner prescribed by | the Department of Revenue and once made shall be irrevocable.
| (i) The Department of Revenue, in its discretion, may | require that the reports filed under this Section be submitted | electronically. | (j) The Department of Revenue shall have the authority to | adopt rules as are reasonable and necessary to implement the | provisions of this Section. | (Source: P.A. 102-669, eff. 11-16-21; 102-1112, eff. 12-21-22; | 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23.) | Section 10. The Manufacturing Illinois Chips for Real | Opportunity (MICRO) Act is amended by changing Section 110-30 | as follows: | (35 ILCS 45/110-30)
| Sec. 110-30. Tax credit awards. | (a) Subject to the conditions set forth in this Act, a | taxpayer is entitled to a credit against the tax imposed | pursuant to subsections (a) and (b) of Section 201 of the | Illinois Income Tax Act for a taxable year beginning on or | after January 1, 2025 if the taxpayer is awarded a credit by | the Department in accordance with an agreement under this Act. | The Department has authority to award credits under this Act |
| on and after January 1, 2023. | (b) A taxpayer may receive a tax credit against the tax | imposed under subsections (a) and (b) of Section 201 of the | Illinois Income Tax Act, not to exceed the sum of (i) 75% of | the incremental income tax attributable to new employees at | the applicant's project and (ii) 10% of the training costs of | the new employees. If the project is located in an underserved | area or an energy transition area, then the amount of the | credit may not exceed the sum of (i) 100% of the incremental | income tax attributable to new employees at the applicant's | project; and (ii) 10% of the training costs of the new | employees. The percentage of training costs includable in the | calculation may be increased by an additional 15% for training | costs associated with new employees that are recent (2 years | or less) graduates, certificate holders, or credential | recipients from an institution of higher education in | Illinois, or, if the training is provided by an institution of | higher education in Illinois, the Clean Jobs Workforce Network | Program, or an apprenticeship and training program located in | Illinois and approved by and registered with the United States | Department of Labor's Bureau of Apprenticeship and Training. | An applicant is also eligible for a training credit that shall | not exceed 10% of the training costs of retained employees for | the purpose of upskilling to meet the operational needs of the | applicant or the project. The percentage of training costs | includable in the calculation shall not exceed a total of 25%. |
| If an applicant agrees to hire the required number of new | employees, then the maximum amount of the credit for that | applicant may be increased by an amount not to exceed 75% of | the incremental income tax attributable to retained employees | at the applicant's project; provided that, in order to receive | the increase for retained employees, the applicant must, if | applicable, meet or exceed the statewide baseline. If the | Project is in an underserved area or an energy transition | area, the maximum amount of the credit attributable to | retained employees for the applicant may be increased to an | amount not to exceed 100% of the incremental income tax | attributable to retained employees at the applicant's project; | provided that, in order to receive the increase for retained | employees, the applicant must meet or exceed the statewide | baseline. Credits awarded may include credit earned for | incremental income tax withheld and training costs incurred by | the taxpayer beginning on or after January 1, 2023. Credits so | earned and certified by the Department may be applied against | the tax imposed by subsections (a) and (b) of Section 201 of | the Illinois Income Tax Act for taxable years beginning on or | after January 1, 2025. | (c) MICRO Construction Jobs Credit. For construction wages | associated with a project that qualified for a credit under | subsection (b), the taxpayer may receive a tax credit against | the tax imposed under subsections (a) and (b) of Section 201 of | the Illinois Income Tax Act in an amount equal to 50% of the |
| incremental income tax attributable to construction wages paid | in connection with construction of the project facilities, as | a jobs credit for workers hired to construct the project. | The MICRO Construction Jobs Credit may not exceed 75% of | the amount of the incremental income tax attributable to | construction wages paid in connection with construction of the | project facilities if the project is in an underserved area or | an energy transition area. | (d) The Department shall certify to the Department of | Revenue: (1) the identity of taxpayers that are eligible for | the MICRO Credit and MICRO Construction Jobs Credit; (2) the | amount of the MICRO Credits and MICRO Construction Jobs | Credits awarded in each calendar year; and (3) the amount of | the MICRO Credit and MICRO Construction Jobs Credit claimed in | each calendar year. MICRO Credits awarded may include credit | earned for incremental income tax withheld and training costs | incurred by the taxpayer beginning on or after January 1, | 2023. Credits so earned and certified by the Department may be | applied against the tax imposed by Section 201(a) and (b) of | the Illinois Income Tax Act for taxable years beginning on or | after January 1, 2025. | (e) Applicants seeking certification for a tax credits | related to the construction of the project facilities in the | State shall require the contractor to enter into a project | labor agreement that conforms with the Project Labor | Agreements Act. |
| (f) Any applicant issued a certificate for a tax credit or | tax exemption under this Act must annually report to the | Department the total project tax benefits received. Reports | are due no later than May 31 of each year and shall cover the | previous calendar year. The first report is for the 2023 | calendar year and is due no later than May 31, 2023. Failure to | report data may result in ineligibility to receive incentives. | The Department, in consultation with the Department of | Revenue, is authorized to adopt rules governing ineligibility | to receive exemptions, including the length of ineligibility. | Factors to be considered in determining whether a business is | ineligible shall include, but are not limited to, prior | compliance with the reporting requirements, cooperation in | discontinuing and correcting violations, the extent of the | violation, and whether the violation was willful or | inadvertent. | For applicants issued a certificate of exemption under | Section 110-105 of this Act, the report shall be the same as | required for a High Impact Business under subsection (a-5) of | Section 8.1 of the Illinois Enterprise Zone Act. Failure to | report data may result in revocation of the building materials | exemption certificate issued to a taxpayer. The Department of | Revenue is authorized to adopt rules governing revocation | determinations, including the length of revocation. Factors to | be considered in revocations shall include, but are not | limited to, prior compliance with the reporting requirements, |
| cooperation in discontinuing and correcting violations, and | whether the certificate was used unlawfully during the | preceding year. | Each person required to file a return under the Gas | Revenue Tax Act, the Electricity Excise Tax Act, or the | Telecommunications Excise Tax Act shall file a report on | customers issued an exemption certificate under Section 110-95 | of this Act in the same manner and form as they are required to | report under subsection (b) of Section 8.1 of the Illinois | Enterprise Zone Act. | (g) Nothing in this Act shall prohibit an award of credit | to an applicant that uses a PEO if all other award criteria are | satisfied. | (h) With respect to any portion of a credit that is based | on the incremental income tax attributable to new employees or | retained employees, in lieu of the credit allowed under this | Act against the taxes imposed pursuant to subsections (a) and | (b) of Section 201 of the Illinois Income Tax Act, a taxpayer | that otherwise meets the criteria set forth in this Section, | the taxpayer may elect to claim the credit, on or after January | 1, 2025, against its obligation to pay over withholding under | Section 704A of the Illinois Income Tax Act. The election | shall be made in the manner prescribed by the Department of | Revenue and once made shall be irrevocable.
| (i) The Department of Revenue, in its discretion, may | require that the reports filed under this Section be submitted |
| electronically. | (j) The Department of Revenue shall have the authority to | adopt rules as are reasonable and necessary to implement the | provisions of this Section. | (Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; | revised 4-5-23.) | Section 15. The Retailers' Occupation Tax Act is amended | by changing Sections 5m and 5n as follows: | (35 ILCS 120/5m) | Sec. 5m. Building materials exemption; REV Illinois | projects. Each retailer who makes a sale of building materials | that will be incorporated into a REV Illinois Project for | which a certificate of exemption has been issued by the | Department of Commerce and Economic Opportunity under Section | 105 of the Reimagining Energy and Vehicles in Illinois Act may | deduct receipts from those sales when calculating any State or | local use and occupation taxes. No retailer who is eligible | for the deduction or credit under Section 5k of this Act | related to enterprise zones or Section 5l of this Act related | to High Impact Businesses for a given sale shall be eligible | for the deduction or credit authorized under this Section for | that same sale. | To In addition to any other requirements to document the | exemption allowed under this Section, the retailer must obtain |
| from the purchaser the purchaser's REV Illinois Building | Materials Exemption certificate number issued by the | Department and a certification that contains: . | (1) a statement that the building materials are being | purchased for incorporation into a REV Illinois Project; | (2) the location or address of the real estate into | which the building materials will be incorporated; | (3) the name and address of the construction | contractor or other entity; | (4) a description of the building materials being | purchased; | (5) the purchaser's REV Illinois Building Materials | Exemption Certificate number issued by the Department of | Revenue; and | (6) the purchaser's signature and date of purchase. | A construction contractor or other entity shall not make | tax-free purchases under this Section unless it has an active | REV Illinois Building Materials Exemption Certificate issued | by the Department at the time of purchase. | Upon request from the certified manufacturer, the | Department shall issue a REV Illinois Building Materials | Exemption Certificate for each construction contractor or | other entity identified by the certified manufacturer. The | Department shall make the REV Illinois Building Materials | Exemption Certificates available to each construction | contractor or other entity identified by the certified |
| manufacturer and to the certified manufacturer. The request | for REV Illinois Building Materials Exemption Certificates | under this Section must include the following information: | (1) the name and address of the construction | contractor or other entity; | (2) the name and location or address of the building | project site; | (3) the estimated amount of the exemption for each | construction contractor or other entity for which a | request for a REV Illinois Building Materials Exemption | Certificate is made, based on a stated estimated average | tax rate and the percentage of the contract that consists | of materials; | (4) the period of time over which supplies for the | project are expected to be purchased; and | (5) other reasonable information as the Department may | require, including but not limited to FEIN numbers, to | determine if the contractor or other entity, or any | partner, or a corporate officer, and in the case of a | limited liability company, any manager or member, of the | construction contractor or other entity, is or has been | the owner, a partner, a corporate officer, and in the case | of a limited liability company, a manager or member, of a | person that is in default for moneys due to the Department | under this Act or any other tax or fee Act administered by | the Department. |
| The Department shall issue the REV Illinois Building | Materials Exemption Certificates within 3 business days after | receipt of the request from the certified manufacturer. This | requirement does not apply in circumstances where the | Department, for reasonable cause, is unable to issue the | Exemption Certificate within 3 business days. The Department | may refuse to issue a REV Illinois Building Materials | Exemption Certificate if the owner, any partner, or a | corporate officer, and in the case of a limited liability | company, any manager or member, of the construction contractor | or other entity is or has been the owner, a partner, a | corporate officer, and in the case of a limited liability | company, a manager or member, of a person that is in default | for moneys due to the Department under this Act or any other | tax or fee Act administered by the Department. | The REV Illinois Building Materials Exemption Certificate | shall contain language stating that if the construction | contractor or other entity who is issued the Exemption | Certificate makes a tax-exempt purchase, as described in this | Section, that is not eligible for exemption under this Section | or allows another person to make a tax-exempt purchase, as | described in this Section, that is not eligible for exemption | under this Section, then, in addition to any tax or other | penalty imposed, the construction contractor or other entity | is subject to a penalty equal to the tax that would have been | paid by the retailer under this Act as well as any applicable |
| local retailers' occupation tax on the purchase that is not | eligible for the exemption. | The Department, in its discretion, may require that the | request for REV Illinois Building Materials Exemption | Certificates be submitted electronically. The Department may, | in its discretion, issue the Exemption Certificates | electronically. The REV Illinois Building Materials Exemption | Certificate number shall be designed in such a way that the | Department can identify from the unique number on the | Exemption Certificate issued to a given construction | contractor or other entity, the name of the REV Illinois | project site and the construction contractor or other entity | to whom the Exemption Certificate is issued. The REV Illinois | Building Materials Exemption Certificate shall contain an | expiration date, which shall be no more than 5 years after the | date of issuance. At the request of the certified | manufacturer, the Department may renew a REV Illinois Building | Materials Exemption Certificate. After the Department issues | Exemption Certificates for a given REV Illinois project site, | the certified manufacturer may notify the Department of | additional construction contractors or other entities that are | eligible for a REV Illinois Building Materials Exemption | Certificate. Upon receiving such a notification and subject to | the other provisions of this Section, the Department shall | issue a REV Illinois Building Materials Exemption Certificate | to each additional construction contractor or other entity so |
| identified. A certified manufacturer may ask the Department to | rescind a REV Illinois Building Materials Exemption | Certificate previously issued by the Department to a | construction contractor or other entity working at that | certified manufacturer's REV Illinois project site if that REV | Illinois Building Materials Exemption Certificate has not yet | expired. Upon receiving such a request and subject to the | other provisions of this Section, the Department shall issue | the rescission of the REV Illinois Building Materials | Exemption Certificate to the construction contractor or other | entity identified by the certified manufacturer and provide a | copy of the rescission to the construction contractor or other | entity and to the certified manufacturer. | If the Department of Revenue determines that a | construction contractor or other entity that was issued an | Exemption Certificate under this Section made a tax-exempt | purchase, as described in this Section, that was not eligible | for exemption under this Section or allowed another person to | make a tax-exempt purchase, as described in this Section, that | was not eligible for exemption under this Section, then, in | addition to any tax or other penalty imposed, the construction | contractor or other entity is subject to a penalty equal to the | tax that would have been paid by the retailer under this Act as | well as any applicable local retailers' occupation tax on the | purchase that was not eligible for the exemption. | This Section is exempt from the provisions of Section |
| 2-70.
| As used in this Section, "certified manufacturer" means a | person certified by the Department of Commerce and Economic | Opportunity under Section 105 of the Reimagining Energy and | Vehicles in Illinois Act. | (Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23.) | (35 ILCS 120/5n) | Sec. 5n. Building materials exemption; microchip and | semiconductor manufacturing. Each retailer who makes a sale of | building materials that will be incorporated into real estate | in a qualified facility for which a certificate of exemption | has been issued by the Department of Commerce and Economic | Opportunity under Section 110-105 of the Manufacturing | Illinois Chips for Real Opportunity (MICRO) Act, may deduct | receipts from such sales when calculating any State or local | use and occupation taxes. No retailer who is eligible for the | deduction or credit under Section 5k of this Act related to | enterprise zones or Section 5l of this Act related to High | Impact Businesses for a given sale shall be eligible for the | deduction or credit authorized under this Section for that | same sale. | To In addition to any other requirements to document the | exemption allowed under this Section, the retailer must obtain | from the purchaser the purchaser's exemption certificate | number issued by the Department and a certification that |
| contains: . | (1) a statement that the building materials are being | purchased for incorporation into real estate in a | qualified facility; | (2) the location or address of the real estate into | which the building materials will be incorporated; | (3) the name and address of the construction | contractor or other entity; | (4) a description of the building materials being | purchased; | (5) the purchaser's MICRO Illinois Building Materials | Exemption Certificate number issued by the Department of | Revenue; and | (6) the purchaser's signature and date of purchase. | A construction contractor or other entity shall not make | tax-free purchases unless it has an active exemption | certificate issued by the Department at the time of purchase. | Upon request from a person that has been certified by the | Department of Commerce and Economic Opportunity under the | Manufacturing Illinois Chips for Real Opportunity (MICRO) Act, | the Department shall issue a MICRO Illinois Building Materials | Exemption Certificate for each construction contractor or | other entity identified by the person so certified. The | Department shall make the MICRO Illinois Building Materials | Exemption Certificates available to each construction | contractor or other entity as well as the person certified |
| under the Manufacturing Illinois Chips for Real Opportunity | (MICRO) Act. The request for MICRO Illinois Building Materials | Exemption Certificates must include the following information: | (1) the name and address of the construction | contractor or other entity; | (2) the name and location or address of the building | project site; | (3) the estimated amount of the exemption for each | construction contractor or other entity for which a | request for an exemption certificate is made, based on a | stated estimated average tax rate and the percentage of | the contract that consists of materials; | (4) the period of time over which supplies for the | project are expected to be purchased; and | (5) other reasonable information as the Department may | require, including but not limited to FEIN numbers, to | determine if the contractor or other entity, or any | partner, or a corporate officer, and in the case of a | limited liability company, any manager or member, of the | construction contractor or other entity, is or has been | the owner, a partner, a corporate officer, and in the case | of a limited liability company, a manager or member, of a | person that is in default for moneys due to the Department | under this Act or any other tax or fee Act administered by | the Department. | The Department shall issue the exemption certificate |
| within 3 business days after receipt of request. This | requirement does not apply in circumstances where the | Department, for reasonable cause, is unable to issue the | exemption certificate within 3 business days. The Department | may refuse to issue an exemption certificate under this | Section if the owner, any partner, or a corporate officer, and | in the case of a limited liability company, any manager or | member, of the construction contractor or other entity is or | has been the owner, a partner, a corporate officer, and in the | case of a limited liability company, a manager or member, of a | person that is in default for moneys due to the Department | under this Act or any other tax or fee Act administered by the | Department. | The MICRO Illinois Building Materials Exemption | Certificate shall contain language stating that, if the | construction contractor or other entity who is issued the | exemption certificate makes a tax-exempt purchase, as | described in this Section, that is not eligible for exemption | under this Section or allows another person to make a | tax-exempt purchase, as described in this Section, that is not | eligible for exemption under this Section, then, in addition | to any tax or other penalty imposed, the construction | contractor or other entity is subject to a penalty equal to the | tax that would have been paid by the retailer under this Act as | well as any applicable local retailers' occupation tax on the | purchase that is not eligible for the exemption. |
| The Department, in its discretion, may require that the | request for a MICRO Illinois Exemption Certificate be | submitted electronically. The Department may, in its | discretion, issue the exemption certificates electronically. | The MICRO Illinois Building Materials Exemption Certificate | number shall be designed in such a way that the Department can | identify from the unique number on the exemption certificate | issued to a given construction contractor or other entity, the | name of the entity to whom the exemption certificate is | issued. The MICRO Illinois Building Materials Exemption | Certificate shall contain an expiration date, which shall be | no more than 5 years after the date of issuance. At the request | of the entity to whom the exemption certificate is issued, the | Department may renew an exemption certificate issued under | this Section. After the Department issues exemption | certificates under this Section, the certified entity may | notify the Department of additional construction contractors | or other entities eligible for an exemption certificate under | this Section. Upon such a notification and subject to the | other provisions of this Section, the Department shall issue | an exemption certificate to each additional qualified | construction contractor or other entity so identified. A | certified entity may notify the Department to rescind an | exemption certificate previously issued by the Department that | has not yet expired. Upon such a notification and subject to | the other provisions of this Section, the Department shall |
| rescind the exemption certificate. | If the Department of Revenue determines that a | construction contractor or other entity that was issued an | exemption certificate under this Section made a tax-exempt | purchase, as described in this Section, that was not eligible | for exemption under this Section or allowed another person to | make a tax-exempt purchase, as described in this Section, that | was not eligible for exemption under this Section, then, in | addition to any tax or other penalty imposed, the construction | contractor or other entity is subject to a penalty equal to the | tax that would have been paid by the retailer under this Act as | well as any applicable local retailers' occupation tax on the | purchase that was not eligible for the exemption. | This Section is exempt from the provisions of Section | 2-70.
| (Source: P.A. 102-700, eff. 4-19-22.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 7/19/2024
|