103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3952 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new35 ILCS 105/3-6.1 new35 ILCS 120/2-8.1 new35 ILCS 735/3-8.1 new Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, if a retailer inadvertently collects from a purchaser the entire 6.25% rate of tax on a sales tax holiday item, and if the retailer does not refund the excess tax proceeds to the purchaser, then the retailer shall remit those proceeds to the Department of Revenue in accordance with rules adopted by the Department of Revenue. Amends the Uniform Penalty and Interest Act. Provides that no penalties or interest shall be imposed under the Act for failure to pay a tax under the Use Tax Act or the Retailers' Occupation Tax Act on tangible personal property that is sold on or after August 5, 2022 and through August 14, 2022 if the taxpayer paid tax on an item as a sales tax holiday item and the item was not a sales tax holiday item. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately. LRB103 30527 HLH 56960 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3952 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new35 ILCS 105/3-6.1 new35 ILCS 120/2-8.1 new35 ILCS 735/3-8.1 new 5 ILCS 100/5-45.35 new 35 ILCS 105/3-6.1 new 35 ILCS 120/2-8.1 new 35 ILCS 735/3-8.1 new Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, if a retailer inadvertently collects from a purchaser the entire 6.25% rate of tax on a sales tax holiday item, and if the retailer does not refund the excess tax proceeds to the purchaser, then the retailer shall remit those proceeds to the Department of Revenue in accordance with rules adopted by the Department of Revenue. Amends the Uniform Penalty and Interest Act. Provides that no penalties or interest shall be imposed under the Act for failure to pay a tax under the Use Tax Act or the Retailers' Occupation Tax Act on tangible personal property that is sold on or after August 5, 2022 and through August 14, 2022 if the taxpayer paid tax on an item as a sales tax holiday item and the item was not a sales tax holiday item. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately. LRB103 30527 HLH 56960 b LRB103 30527 HLH 56960 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3952 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.35 new35 ILCS 105/3-6.1 new35 ILCS 120/2-8.1 new35 ILCS 735/3-8.1 new 5 ILCS 100/5-45.35 new 35 ILCS 105/3-6.1 new 35 ILCS 120/2-8.1 new 35 ILCS 735/3-8.1 new
5 ILCS 100/5-45.35 new
35 ILCS 105/3-6.1 new
35 ILCS 120/2-8.1 new
35 ILCS 735/3-8.1 new
Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, if a retailer inadvertently collects from a purchaser the entire 6.25% rate of tax on a sales tax holiday item, and if the retailer does not refund the excess tax proceeds to the purchaser, then the retailer shall remit those proceeds to the Department of Revenue in accordance with rules adopted by the Department of Revenue. Amends the Uniform Penalty and Interest Act. Provides that no penalties or interest shall be imposed under the Act for failure to pay a tax under the Use Tax Act or the Retailers' Occupation Tax Act on tangible personal property that is sold on or after August 5, 2022 and through August 14, 2022 if the taxpayer paid tax on an item as a sales tax holiday item and the item was not a sales tax holiday item. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately.
LRB103 30527 HLH 56960 b LRB103 30527 HLH 56960 b
LRB103 30527 HLH 56960 b
A BILL FOR
HB3952LRB103 30527 HLH 56960 b HB3952 LRB103 30527 HLH 56960 b
HB3952 LRB103 30527 HLH 56960 b
1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Illinois Administrative Procedure Act is
5 amended by adding Section 5-45.35 as follows:
6 (5 ILCS 100/5-45.35 new)
7 Sec. 5-45.35. Emergency rulemaking; sales tax holiday. To
8 provide for the expeditious and timely implementation of this
9 amendatory Act of the 103rd General Assembly, emergency rules
10 implementing this amendatory Act of the 103rd General Assembly
11 may be adopted in accordance with Section 5-45 by the
12 Department of Revenue. The adoption of emergency rules
13 authorized by Section 5-45 and this Section is deemed to be
14 necessary for the public interest, safety, and welfare.
15 This Section is repealed one year after the effective date
16 of this amendatory Act of the 103rd General Assembly.
17 Section 5. The Use Tax Act is amended by adding Section
18 3-6.1 as follows:
19 (35 ILCS 105/3-6.1 new)
20 Sec. 3-6.1. Tax collected on sales tax holiday items. If,
21 between August 5, 2022 and August 14, 2022, a retailer
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3952 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.35 new35 ILCS 105/3-6.1 new35 ILCS 120/2-8.1 new35 ILCS 735/3-8.1 new 5 ILCS 100/5-45.35 new 35 ILCS 105/3-6.1 new 35 ILCS 120/2-8.1 new 35 ILCS 735/3-8.1 new
5 ILCS 100/5-45.35 new
35 ILCS 105/3-6.1 new
35 ILCS 120/2-8.1 new
35 ILCS 735/3-8.1 new
Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, if a retailer inadvertently collects from a purchaser the entire 6.25% rate of tax on a sales tax holiday item, and if the retailer does not refund the excess tax proceeds to the purchaser, then the retailer shall remit those proceeds to the Department of Revenue in accordance with rules adopted by the Department of Revenue. Amends the Uniform Penalty and Interest Act. Provides that no penalties or interest shall be imposed under the Act for failure to pay a tax under the Use Tax Act or the Retailers' Occupation Tax Act on tangible personal property that is sold on or after August 5, 2022 and through August 14, 2022 if the taxpayer paid tax on an item as a sales tax holiday item and the item was not a sales tax holiday item. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately.
LRB103 30527 HLH 56960 b LRB103 30527 HLH 56960 b
LRB103 30527 HLH 56960 b
A BILL FOR
5 ILCS 100/5-45.35 new
35 ILCS 105/3-6.1 new
35 ILCS 120/2-8.1 new
35 ILCS 735/3-8.1 new
LRB103 30527 HLH 56960 b
HB3952 LRB103 30527 HLH 56960 b
HB3952- 2 -LRB103 30527 HLH 56960 b HB3952 - 2 - LRB103 30527 HLH 56960 b
HB3952 - 2 - LRB103 30527 HLH 56960 b
1 inadvertently collects from a purchaser the entire 6.25% rate
2 of tax on a sales tax holiday item described in Section 3-6,
3 and if the retailer does not refund the excess tax proceeds to
4 the purchaser, then the retailer shall remit those proceeds to
5 the Department in accordance with rules adopted by the
6 Department. Excess tax proceeds remitted to the Department
7 under this Section shall be allocated in the manner described
8 in Section 9 for proceeds generated from the 6.25% general
9 rate on the selling price of tangible personal property.
10 Section 10. The Retailers' Occupation Tax Act is amended
11 by adding Section 2-8.1 as follows:
12 (35 ILCS 120/2-8.1 new)
13 Sec. 2-8.1. Tax collected on sales tax holiday items. If,
14 between August 5, 2022 and August 14, 2022, a retailer
15 inadvertently collects from a purchaser the entire 6.25% rate
16 of tax on a sales tax holiday item described in Section 2-8,
17 and if the retailer does not refund the excess tax proceeds to
18 the purchaser, then the retailer shall remit those proceeds to
19 the Department in accordance with rules adopted by the
20 Department. Excess tax proceeds remitted to the Department
21 under this Section shall be allocated in the manner described
22 in Section 3 for proceeds generated from the 6.25% general
23 rate on the selling price of tangible personal property.
HB3952 - 2 - LRB103 30527 HLH 56960 b
HB3952- 3 -LRB103 30527 HLH 56960 b HB3952 - 3 - LRB103 30527 HLH 56960 b
HB3952 - 3 - LRB103 30527 HLH 56960 b
1 Section 15. The Uniform Penalty and Interest Act is
2 amended by adding Section 3-8.1 as follows:
3 (35 ILCS 735/3-8.1 new)
4 Sec. 3-8.1. Sales tax holiday. No penalties or interest
5 shall be imposed under this Act for failure to pay a tax under
6 the Use Tax Act or the Retailers' Occupation Tax Act on
7 tangible personal property that is sold on or after August 5,
8 2022 and through August 14, 2022 if the taxpayer paid tax on an
9 item as a sales tax holiday item, as described in Section 3-6
10 of the Use Tax Act or Section 2-8 of the Retailers' Occupation
11 Tax Act, and the item was not a sales tax holiday item.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.
HB3952 - 3 - LRB103 30527 HLH 56960 b