Illinois House Bill HB2903 Introduced / Bill

                    104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2903 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 35 ILCS 105/935 ILCS 110/935 ILCS 115/9 from Ch. 120, par. 439.10935 ILCS 120/3 Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, of the remainder of the moneys received under the Acts after certain deposits have been made, 75% shall be deposited into the General Revenue Fund and 25% shall be deposited into the Common School Fund (currently, 75% shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of a specified monthly transfer). Effective immediately. LRB104 03448 HLH 13471 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2903 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:  35 ILCS 105/935 ILCS 110/935 ILCS 115/9 from Ch. 120, par. 439.10935 ILCS 120/3 35 ILCS 105/9  35 ILCS 110/9  35 ILCS 115/9 from Ch. 120, par. 439.109 35 ILCS 120/3  Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, of the remainder of the moneys received under the Acts after certain deposits have been made, 75% shall be deposited into the General Revenue Fund and 25% shall be deposited into the Common School Fund (currently, 75% shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of a specified monthly transfer). Effective immediately.  LRB104 03448 HLH 13471 b     LRB104 03448 HLH 13471 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2903 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
35 ILCS 105/935 ILCS 110/935 ILCS 115/9 from Ch. 120, par. 439.10935 ILCS 120/3 35 ILCS 105/9  35 ILCS 110/9  35 ILCS 115/9 from Ch. 120, par. 439.109 35 ILCS 120/3
35 ILCS 105/9
35 ILCS 110/9
35 ILCS 115/9 from Ch. 120, par. 439.109
35 ILCS 120/3
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, of the remainder of the moneys received under the Acts after certain deposits have been made, 75% shall be deposited into the General Revenue Fund and 25% shall be deposited into the Common School Fund (currently, 75% shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of a specified monthly transfer). Effective immediately.
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    LRB104 03448 HLH 13471 b
A BILL FOR
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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 5. The Use Tax Act is amended by changing Section 9
5  as follows:
6  (35 ILCS 105/9)
7  Sec. 9. Except as to motor vehicles, watercraft, aircraft,
8  and trailers that are required to be registered with an agency
9  of this State, each retailer required or authorized to collect
10  the tax imposed by this Act shall pay to the Department the
11  amount of such tax (except as otherwise provided) at the time
12  when he is required to file his return for the period during
13  which such tax was collected, less a discount of 2.1% prior to
14  January 1, 1990, and 1.75% on and after January 1, 1990, or $5
15  per calendar year, whichever is greater, which is allowed to
16  reimburse the retailer for expenses incurred in collecting the
17  tax, keeping records, preparing and filing returns, remitting
18  the tax and supplying data to the Department on request.
19  Beginning with returns due on or after January 1, 2025, the
20  discount allowed in this Section, the Retailers' Occupation
21  Tax Act, the Service Occupation Tax Act, and the Service Use
22  Tax Act, including any local tax administered by the
23  Department and reported on the same return, shall not exceed

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2903 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
35 ILCS 105/935 ILCS 110/935 ILCS 115/9 from Ch. 120, par. 439.10935 ILCS 120/3 35 ILCS 105/9  35 ILCS 110/9  35 ILCS 115/9 from Ch. 120, par. 439.109 35 ILCS 120/3
35 ILCS 105/9
35 ILCS 110/9
35 ILCS 115/9 from Ch. 120, par. 439.109
35 ILCS 120/3
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, of the remainder of the moneys received under the Acts after certain deposits have been made, 75% shall be deposited into the General Revenue Fund and 25% shall be deposited into the Common School Fund (currently, 75% shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of a specified monthly transfer). Effective immediately.
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A BILL FOR

 

 

35 ILCS 105/9
35 ILCS 110/9
35 ILCS 115/9 from Ch. 120, par. 439.109
35 ILCS 120/3



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1  $1,000 per month in the aggregate for returns other than
2  transaction returns filed during the month. When determining
3  the discount allowed under this Section, retailers shall
4  include the amount of tax that would have been due at the 6.25%
5  rate but for the 1.25% rate imposed on sales tax holiday items
6  under Public Act 102-700. The discount under this Section is
7  not allowed for the 1.25% portion of taxes paid on aviation
8  fuel that is subject to the revenue use requirements of 49
9  U.S.C. 47107(b) and 49 U.S.C. 47133. When determining the
10  discount allowed under this Section, retailers shall include
11  the amount of tax that would have been due at the 1% rate but
12  for the 0% rate imposed under Public Act 102-700. In the case
13  of retailers who report and pay the tax on a transaction by
14  transaction basis, as provided in this Section, such discount
15  shall be taken with each such tax remittance instead of when
16  such retailer files his periodic return, but, beginning with
17  returns due on or after January 1, 2025, the discount allowed
18  under this Section and the Retailers' Occupation Tax Act,
19  including any local tax administered by the Department and
20  reported on the same transaction return, shall not exceed
21  $1,000 per month for all transaction returns filed during the
22  month. The discount allowed under this Section is allowed only
23  for returns that are filed in the manner required by this Act.
24  The Department may disallow the discount for retailers whose
25  certificate of registration is revoked at the time the return
26  is filed, but only if the Department's decision to revoke the

 

 

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1  certificate of registration has become final. A retailer need
2  not remit that part of any tax collected by him to the extent
3  that he is required to remit and does remit the tax imposed by
4  the Retailers' Occupation Tax Act, with respect to the sale of
5  the same property.
6  Where such tangible personal property is sold under a
7  conditional sales contract, or under any other form of sale
8  wherein the payment of the principal sum, or a part thereof, is
9  extended beyond the close of the period for which the return is
10  filed, the retailer, in collecting the tax (except as to motor
11  vehicles, watercraft, aircraft, and trailers that are required
12  to be registered with an agency of this State), may collect for
13  each tax return period only the tax applicable to that part of
14  the selling price actually received during such tax return
15  period.
16  In the case of leases, except as otherwise provided in
17  this Act, the lessor, in collecting the tax, may collect for
18  each tax return period only the tax applicable to that part of
19  the selling price actually received during such tax return
20  period.
21  Except as provided in this Section, on or before the
22  twentieth day of each calendar month, such retailer shall file
23  a return for the preceding calendar month. Such return shall
24  be filed on forms prescribed by the Department and shall
25  furnish such information as the Department may reasonably
26  require. The return shall include the gross receipts on food

 

 

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1  for human consumption that is to be consumed off the premises
2  where it is sold (other than alcoholic beverages, food
3  consisting of or infused with adult use cannabis, soft drinks,
4  and food that has been prepared for immediate consumption)
5  which were received during the preceding calendar month,
6  quarter, or year, as appropriate, and upon which tax would
7  have been due but for the 0% rate imposed under Public Act
8  102-700. The return shall also include the amount of tax that
9  would have been due on food for human consumption that is to be
10  consumed off the premises where it is sold (other than
11  alcoholic beverages, food consisting of or infused with adult
12  use cannabis, soft drinks, and food that has been prepared for
13  immediate consumption) but for the 0% rate imposed under
14  Public Act 102-700.
15  On and after January 1, 2018, except for returns required
16  to be filed prior to January 1, 2023 for motor vehicles,
17  watercraft, aircraft, and trailers that are required to be
18  registered with an agency of this State, with respect to
19  retailers whose annual gross receipts average $20,000 or more,
20  all returns required to be filed pursuant to this Act shall be
21  filed electronically. On and after January 1, 2023, with
22  respect to retailers whose annual gross receipts average
23  $20,000 or more, all returns required to be filed pursuant to
24  this Act, including, but not limited to, returns for motor
25  vehicles, watercraft, aircraft, and trailers that are required
26  to be registered with an agency of this State, shall be filed

 

 

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1  electronically. Retailers who demonstrate that they do not
2  have access to the Internet or demonstrate hardship in filing
3  electronically may petition the Department to waive the
4  electronic filing requirement.
5  The Department may require returns to be filed on a
6  quarterly basis. If so required, a return for each calendar
7  quarter shall be filed on or before the twentieth day of the
8  calendar month following the end of such calendar quarter. The
9  taxpayer shall also file a return with the Department for each
10  of the first two months of each calendar quarter, on or before
11  the twentieth day of the following calendar month, stating:
12  1. The name of the seller;
13  2. The address of the principal place of business from
14  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 this
22  Act;
23  5. The amount of tax due;
24  5-5. The signature of the taxpayer; and
25  6. Such other reasonable information as the Department
26  may require.

 

 

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1  Each retailer required or authorized to collect the tax
2  imposed by this Act on aviation fuel sold at retail in this
3  State during the preceding calendar month shall, instead of
4  reporting and paying tax on aviation fuel as otherwise
5  required by this Section, report and pay such tax on a separate
6  aviation fuel tax return. The requirements related to the
7  return shall be as otherwise provided in this Section.
8  Notwithstanding any other provisions of this Act to the
9  contrary, retailers collecting tax on aviation fuel shall file
10  all aviation fuel tax returns and shall make all aviation fuel
11  tax payments by electronic means in the manner and form
12  required by the Department. For purposes of this Section,
13  "aviation fuel" means jet fuel and aviation gasoline.
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 be
17  due on the return shall be deemed assessed.
18  Notwithstanding any other provision of this Act to the
19  contrary, retailers subject to tax on cannabis shall file all
20  cannabis tax returns and shall make all cannabis tax payments
21  by electronic means in the manner and form required by the
22  Department.
23  Beginning October 1, 1993, a taxpayer who has an average
24  monthly tax liability of $150,000 or more shall make all
25  payments required by rules of the Department by electronic
26  funds transfer. Beginning October 1, 1994, a taxpayer who has

 

 

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1  an average monthly tax liability of $100,000 or more shall
2  make all payments required by rules of the Department by
3  electronic funds transfer. Beginning October 1, 1995, a
4  taxpayer who has an average monthly tax liability of $50,000
5  or more shall make all payments required by rules of the
6  Department by electronic funds transfer. Beginning October 1,
7  2000, a taxpayer who has an annual tax liability of $200,000 or
8  more shall make all payments required by rules of the
9  Department by electronic funds transfer. The term "annual tax
10  liability" shall be the sum of the taxpayer's liabilities
11  under this Act, and under all other State and local occupation
12  and use tax laws administered by the Department, for the
13  immediately preceding calendar year. The term "average monthly
14  tax liability" means the sum of the taxpayer's liabilities
15  under this Act, and under all other State and local occupation
16  and use tax laws administered by the Department, for the
17  immediately preceding calendar year divided by 12. Beginning
18  on October 1, 2002, a taxpayer who has a tax liability in the
19  amount set forth in subsection (b) of Section 2505-210 of the
20  Department of Revenue Law shall make all payments required by
21  rules of the Department by electronic funds transfer.
22  Before August 1 of each year beginning in 1993, the
23  Department shall notify all taxpayers required to make
24  payments by electronic funds transfer. All taxpayers required
25  to make payments by electronic funds transfer shall make those
26  payments for a minimum of one year beginning on October 1.

 

 

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1  Any taxpayer not required to make payments by electronic
2  funds transfer may make payments by electronic funds transfer
3  with the permission of the Department.
4  All taxpayers required to make payment by electronic funds
5  transfer and any taxpayers authorized to voluntarily make
6  payments by electronic funds transfer shall make those
7  payments in the manner authorized by the Department.
8  The Department shall adopt such rules as are necessary to
9  effectuate a program of electronic funds transfer and the
10  requirements of this Section.
11  Before October 1, 2000, if the taxpayer's average monthly
12  tax liability to the Department under this Act, the Retailers'
13  Occupation Tax Act, the Service Occupation Tax Act, the
14  Service Use Tax Act was $10,000 or more during the preceding 4
15  complete calendar quarters, he shall file a return with the
16  Department each month by the 20th day of the month next
17  following the month during which such tax liability is
18  incurred and shall make payments to the Department on or
19  before the 7th, 15th, 22nd and last day of the month during
20  which such liability is incurred. On and after October 1,
21  2000, if the taxpayer's average monthly tax liability to the
22  Department under this Act, the Retailers' Occupation Tax Act,
23  the Service Occupation Tax Act, and the Service Use Tax Act was
24  $20,000 or more during the preceding 4 complete calendar
25  quarters, he shall file a return with the Department each
26  month by the 20th day of the month next following the month

 

 

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1  during which such tax liability is incurred and shall make
2  payment to the Department on or before the 7th, 15th, 22nd and
3  last day of the month during which such liability is incurred.
4  If the month during which such tax liability is incurred began
5  prior to January 1, 1985, each payment shall be in an amount
6  equal to 1/4 of the taxpayer's actual liability for the month
7  or an amount set by the Department not to exceed 1/4 of the
8  average monthly liability of the taxpayer to the Department
9  for the preceding 4 complete calendar quarters (excluding the
10  month of highest liability and the month of lowest liability
11  in such 4 quarter period). If the month during which such tax
12  liability is incurred begins on or after January 1, 1985, and
13  prior to January 1, 1987, each payment shall be in an amount
14  equal to 22.5% of the taxpayer's actual liability for the
15  month or 27.5% of the taxpayer's liability for the same
16  calendar month of the preceding year. If the month during
17  which such tax liability is incurred begins on or after
18  January 1, 1987, and prior to January 1, 1988, each payment
19  shall be in an amount equal to 22.5% of the taxpayer's actual
20  liability for the month or 26.25% of the taxpayer's liability
21  for the same calendar month of the preceding year. If the month
22  during which such tax liability is incurred begins on or after
23  January 1, 1988, and prior to January 1, 1989, or begins on or
24  after January 1, 1996, each payment shall be in an amount equal
25  to 22.5% of the taxpayer's actual liability for the month or
26  25% of the taxpayer's liability for the same calendar month of

 

 

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1  the preceding year. If the month during which such tax
2  liability is incurred begins on or after January 1, 1989, and
3  prior to January 1, 1996, each payment shall be in an amount
4  equal to 22.5% of the taxpayer's actual liability for the
5  month or 25% of the taxpayer's liability for the same calendar
6  month of the preceding year or 100% of the taxpayer's actual
7  liability for the quarter monthly reporting period. The amount
8  of such quarter monthly payments shall be credited against the
9  final tax liability of the taxpayer's return for that month.
10  Before October 1, 2000, once applicable, the requirement of
11  the making of quarter monthly payments to the Department shall
12  continue until such taxpayer's average monthly liability to
13  the Department during the preceding 4 complete calendar
14  quarters (excluding the month of highest liability and the
15  month of lowest liability) is less than $9,000, or until such
16  taxpayer's average monthly liability to the Department as
17  computed for each calendar quarter of the 4 preceding complete
18  calendar quarter period is less than $10,000. However, if a
19  taxpayer can show the Department that a substantial change in
20  the taxpayer's business has occurred which causes the taxpayer
21  to anticipate that his average monthly tax liability for the
22  reasonably foreseeable future will fall below the $10,000
23  threshold stated above, then such taxpayer may petition the
24  Department for change in such taxpayer's reporting status. On
25  and after October 1, 2000, once applicable, the requirement of
26  the making of quarter monthly payments to the Department shall

 

 

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1  continue until such taxpayer's average monthly liability to
2  the Department during the preceding 4 complete calendar
3  quarters (excluding the month of highest liability and the
4  month of lowest liability) is less than $19,000 or until such
5  taxpayer's average monthly liability to the Department as
6  computed for each calendar quarter of the 4 preceding complete
7  calendar quarter period is less than $20,000. However, if a
8  taxpayer can show the Department that a substantial change in
9  the taxpayer's business has occurred which causes the taxpayer
10  to anticipate that his average monthly tax liability for the
11  reasonably foreseeable future will fall below the $20,000
12  threshold stated above, then such taxpayer may petition the
13  Department for a change in such taxpayer's reporting status.
14  The Department shall change such taxpayer's reporting status
15  unless it finds that such change is seasonal in nature and not
16  likely to be long term. Quarter monthly payment status shall
17  be determined under this paragraph as if the rate reduction to
18  1.25% in Public Act 102-700 on sales tax holiday items had not
19  occurred. For quarter monthly payments due on or after July 1,
20  2023 and through June 30, 2024, "25% of the taxpayer's
21  liability for the same calendar month of the preceding year"
22  shall be determined as if the rate reduction to 1.25% in Public
23  Act 102-700 on sales tax holiday items had not occurred.
24  Quarter monthly payment status shall be determined under this
25  paragraph as if the rate reduction to 0% in Public Act 102-700
26  on food for human consumption that is to be consumed off the

 

 

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1  premises where it is sold (other than alcoholic beverages,
2  food consisting of or infused with adult use cannabis, soft
3  drinks, and food that has been prepared for immediate
4  consumption) had not occurred. For quarter monthly payments
5  due under this paragraph on or after July 1, 2023 and through
6  June 30, 2024, "25% of the taxpayer's liability for the same
7  calendar month of the preceding year" shall be determined as
8  if the rate reduction to 0% in Public Act 102-700 had not
9  occurred. If any such quarter monthly payment is not paid at
10  the time or in the amount required by this Section, then the
11  taxpayer shall be liable for penalties and interest on the
12  difference between the minimum amount due and the amount of
13  such quarter monthly payment actually and timely paid, except
14  insofar as the taxpayer has previously made payments for that
15  month to the Department in excess of the minimum payments
16  previously due as provided in this Section. The Department
17  shall make reasonable rules and regulations to govern the
18  quarter monthly payment amount and quarter monthly payment
19  dates for taxpayers who file on other than a calendar monthly
20  basis.
21  If any such payment provided for in this Section exceeds
22  the taxpayer's liabilities under this Act, the Retailers'
23  Occupation Tax Act, the Service Occupation Tax Act and the
24  Service Use Tax Act, as shown by an original monthly return,
25  the Department shall issue to the taxpayer a credit memorandum
26  no later than 30 days after the date of payment, which

 

 

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1  memorandum may be submitted by the taxpayer to the Department
2  in payment of tax liability subsequently to be remitted by the
3  taxpayer to the Department or be assigned by the taxpayer to a
4  similar taxpayer under this Act, the Retailers' Occupation Tax
5  Act, the Service Occupation Tax Act or the Service Use Tax Act,
6  in accordance with reasonable rules and regulations to be
7  prescribed by the Department, except that if such excess
8  payment is shown on an original monthly return and is made
9  after December 31, 1986, no credit memorandum shall be issued,
10  unless requested by the taxpayer. If no such request is made,
11  the taxpayer may credit such excess payment against tax
12  liability subsequently to be remitted by the taxpayer to the
13  Department under this Act, the Retailers' Occupation Tax Act,
14  the Service Occupation Tax Act or the Service Use Tax Act, in
15  accordance with reasonable rules and regulations prescribed by
16  the Department. If the Department subsequently determines that
17  all or any part of the credit taken was not actually due to the
18  taxpayer, the taxpayer's vendor's discount shall be reduced,
19  if necessary, to reflect the difference between the credit
20  taken and that actually due, and the taxpayer shall be liable
21  for penalties and interest on such difference.
22  If the retailer is otherwise required to file a monthly
23  return and if the retailer's average monthly tax liability to
24  the Department does not exceed $200, the Department may
25  authorize his returns to be filed on a quarter annual basis,
26  with the return for January, February, and March of a given

 

 

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1  year being due by April 20 of such year; with the return for
2  April, May and June of a given year being due by July 20 of
3  such year; with the return for July, August and September of a
4  given year being due by October 20 of such year, and with the
5  return for October, November and December of a given year
6  being due by January 20 of the following year.
7  If the retailer is otherwise required to file a monthly or
8  quarterly return and if the retailer's average monthly tax
9  liability to the Department does not exceed $50, the
10  Department may authorize his returns to be filed on an annual
11  basis, with the return for a given year being due by January 20
12  of the following year.
13  Such quarter annual and annual returns, as to form and
14  substance, shall be subject to the same requirements as
15  monthly returns.
16  Notwithstanding any other provision in this Act concerning
17  the time within which a retailer may file his return, in the
18  case of any retailer who ceases to engage in a kind of business
19  which makes him responsible for filing returns under this Act,
20  such retailer shall file a final return under this Act with the
21  Department not more than one month after discontinuing such
22  business.
23  In addition, with respect to motor vehicles, watercraft,
24  aircraft, and trailers that are required to be registered with
25  an agency of this State, except as otherwise provided in this
26  Section, every retailer selling this kind of tangible personal

 

 

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1  property shall file, with the Department, upon a form to be
2  prescribed and supplied by the Department, a separate return
3  for each such item of tangible personal property which the
4  retailer sells, except that if, in the same transaction, (i) a
5  retailer of aircraft, watercraft, motor vehicles or trailers
6  transfers more than one aircraft, watercraft, motor vehicle or
7  trailer to another aircraft, watercraft, motor vehicle or
8  trailer retailer for the purpose of resale or (ii) a retailer
9  of aircraft, watercraft, motor vehicles, or trailers transfers
10  more than one aircraft, watercraft, motor vehicle, or trailer
11  to a purchaser for use as a qualifying rolling stock as
12  provided in Section 3-55 of this Act, then that seller may
13  report the transfer of all the aircraft, watercraft, motor
14  vehicles or trailers involved in that transaction to the
15  Department on the same uniform invoice-transaction reporting
16  return form. For purposes of this Section, "watercraft" means
17  a Class 2, Class 3, or Class 4 watercraft as defined in Section
18  3-2 of the Boat Registration and Safety Act, a personal
19  watercraft, or any boat equipped with an inboard motor.
20  In addition, with respect to motor vehicles, watercraft,
21  aircraft, and trailers that are required to be registered with
22  an agency of this State, every person who is engaged in the
23  business of leasing or renting such items and who, in
24  connection with such business, sells any such item to a
25  retailer for the purpose of resale is, notwithstanding any
26  other provision of this Section to the contrary, authorized to

 

 

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HB2903- 16 -LRB104 03448 HLH 13471 b   HB2903 - 16 - LRB104 03448 HLH 13471 b
  HB2903 - 16 - LRB104 03448 HLH 13471 b
1  meet the return-filing requirement of this Act by reporting
2  the transfer of all the aircraft, watercraft, motor vehicles,
3  or trailers transferred for resale during a month to the
4  Department on the same uniform invoice-transaction reporting
5  return form on or before the 20th of the month following the
6  month in which the transfer takes place. Notwithstanding any
7  other provision of this Act to the contrary, all returns filed
8  under this paragraph must be filed by electronic means in the
9  manner and form as required by the Department.
10  The transaction reporting return in the case of motor
11  vehicles or trailers that are required to be registered with
12  an agency of this State, shall be the same document as the
13  Uniform Invoice referred to in Section 5-402 of the Illinois
14  Vehicle Code and must show the name and address of the seller;
15  the name and address of the purchaser; the amount of the
16  selling price including the amount allowed by the retailer for
17  traded-in property, if any; the amount allowed by the retailer
18  for the traded-in tangible personal property, if any, to the
19  extent to which Section 2 of this Act allows an exemption for
20  the value of traded-in property; the balance payable after
21  deducting such trade-in allowance from the total selling
22  price; the amount of tax due from the retailer with respect to
23  such transaction; the amount of tax collected from the
24  purchaser by the retailer on such transaction (or satisfactory
25  evidence that such tax is not due in that particular instance,
26  if that is claimed to be the fact); the place and date of the

 

 

  HB2903 - 16 - LRB104 03448 HLH 13471 b


HB2903- 17 -LRB104 03448 HLH 13471 b   HB2903 - 17 - LRB104 03448 HLH 13471 b
  HB2903 - 17 - LRB104 03448 HLH 13471 b
1  sale; a sufficient identification of the property sold; such
2  other information as is required in Section 5-402 of the
3  Illinois Vehicle Code, and such other information as the
4  Department may reasonably require.
5  The transaction reporting return in the case of watercraft
6  and aircraft must show the name and address of the seller; the
7  name and address of the purchaser; the amount of the selling
8  price including the amount allowed by the retailer for
9  traded-in property, if any; the amount allowed by the retailer
10  for the traded-in tangible personal property, if any, to the
11  extent to which Section 2 of this Act allows an exemption for
12  the value of traded-in property; the balance payable after
13  deducting such trade-in allowance from the total selling
14  price; the amount of tax due from the retailer with respect to
15  such transaction; the amount of tax collected from the
16  purchaser by the retailer on such transaction (or satisfactory
17  evidence that such tax is not due in that particular instance,
18  if that is claimed to be the fact); the place and date of the
19  sale, a sufficient identification of the property sold, and
20  such other information as the Department may reasonably
21  require.
22  Such transaction reporting return shall be filed not later
23  than 20 days after the date of delivery of the item that is
24  being sold, but may be filed by the retailer at any time sooner
25  than that if he chooses to do so. The transaction reporting
26  return and tax remittance or proof of exemption from the tax

 

 

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HB2903- 18 -LRB104 03448 HLH 13471 b   HB2903 - 18 - LRB104 03448 HLH 13471 b
  HB2903 - 18 - LRB104 03448 HLH 13471 b
1  that is imposed by this Act may be transmitted to the
2  Department by way of the State agency with which, or State
3  officer with whom, the tangible personal property must be
4  titled or registered (if titling or registration is required)
5  if the Department and such agency or State officer determine
6  that this procedure will expedite the processing of
7  applications for title or registration.
8  With each such transaction reporting return, the retailer
9  shall remit the proper amount of tax due (or shall submit
10  satisfactory evidence that the sale is not taxable if that is
11  the case), to the Department or its agents, whereupon the
12  Department shall issue, in the purchaser's name, a tax receipt
13  (or a certificate of exemption if the Department is satisfied
14  that the particular sale is tax exempt) which such purchaser
15  may submit to the agency with which, or State officer with
16  whom, he must title or register the tangible personal property
17  that is involved (if titling or registration is required) in
18  support of such purchaser's application for an Illinois
19  certificate or other evidence of title or registration to such
20  tangible personal property.
21  No retailer's failure or refusal to remit tax under this
22  Act precludes a user, who has paid the proper tax to the
23  retailer, from obtaining his certificate of title or other
24  evidence of title or registration (if titling or registration
25  is required) upon satisfying the Department that such user has
26  paid the proper tax (if tax is due) to the retailer. The

 

 

  HB2903 - 18 - LRB104 03448 HLH 13471 b


HB2903- 19 -LRB104 03448 HLH 13471 b   HB2903 - 19 - LRB104 03448 HLH 13471 b
  HB2903 - 19 - LRB104 03448 HLH 13471 b
1  Department shall adopt appropriate rules to carry out the
2  mandate of this paragraph.
3  If the user who would otherwise pay tax to the retailer
4  wants the transaction reporting return filed and the payment
5  of tax or proof of exemption made to the Department before the
6  retailer is willing to take these actions and such user has not
7  paid the tax to the retailer, such user may certify to the fact
8  of such delay by the retailer, and may (upon the Department
9  being satisfied of the truth of such certification) transmit
10  the information required by the transaction reporting return
11  and the remittance for tax or proof of exemption directly to
12  the Department and obtain his tax receipt or exemption
13  determination, in which event the transaction reporting return
14  and tax remittance (if a tax payment was required) shall be
15  credited by the Department to the proper retailer's account
16  with the Department, but without the vendor's discount
17  provided for in this Section being allowed. When the user pays
18  the tax directly to the Department, he shall pay the tax in the
19  same amount and in the same form in which it would be remitted
20  if the tax had been remitted to the Department by the retailer.
21  On and after January 1, 2025, with respect to the lease of
22  trailers, other than semitrailers as defined in Section 1-187
23  of the Illinois Vehicle Code, that are required to be
24  registered with an agency of this State and that are subject to
25  the tax on lease receipts under this Act, notwithstanding any
26  other provision of this Act to the contrary, for the purpose of

 

 

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HB2903- 20 -LRB104 03448 HLH 13471 b   HB2903 - 20 - LRB104 03448 HLH 13471 b
  HB2903 - 20 - LRB104 03448 HLH 13471 b
1  reporting and paying tax under this Act on those lease
2  receipts, lessors shall file returns in addition to and
3  separate from the transaction reporting return. Lessors shall
4  file those lease returns and make payment to the Department by
5  electronic means on or before the 20th day of each month
6  following the month, quarter, or year, as applicable, in which
7  lease receipts were received. All lease receipts received by
8  the lessor from the lease of those trailers during the same
9  reporting period shall be reported and tax shall be paid on a
10  single return form to be prescribed by the Department.
11  Where a retailer collects the tax with respect to the
12  selling price of tangible personal property which he sells and
13  the purchaser thereafter returns such tangible personal
14  property and the retailer refunds the selling price thereof to
15  the purchaser, such retailer shall also refund, to the
16  purchaser, the tax so collected from the purchaser. When
17  filing his return for the period in which he refunds such tax
18  to the purchaser, the retailer may deduct the amount of the tax
19  so refunded by him to the purchaser from any other use tax
20  which such retailer may be required to pay or remit to the
21  Department, as shown by such return, if the amount of the tax
22  to be deducted was previously remitted to the Department by
23  such retailer. If the retailer has not previously remitted the
24  amount of such tax to the Department, he is entitled to no
25  deduction under this Act upon refunding such tax to the
26  purchaser.

 

 

  HB2903 - 20 - LRB104 03448 HLH 13471 b


HB2903- 21 -LRB104 03448 HLH 13471 b   HB2903 - 21 - LRB104 03448 HLH 13471 b
  HB2903 - 21 - LRB104 03448 HLH 13471 b
1  Any retailer filing a return under this Section shall also
2  include (for the purpose of paying tax thereon) the total tax
3  covered by such return upon the selling price of tangible
4  personal property purchased by him at retail from a retailer,
5  but as to which the tax imposed by this Act was not collected
6  from the retailer filing such return, and such retailer shall
7  remit the amount of such tax to the Department when filing such
8  return.
9  If experience indicates such action to be practicable, the
10  Department may prescribe and furnish a combination or joint
11  return which will enable retailers, who are required to file
12  returns hereunder and also under the Retailers' Occupation Tax
13  Act, to furnish all the return information required by both
14  Acts on the one form.
15  Where the retailer has more than one business registered
16  with the Department under separate registration under this
17  Act, such retailer may not file each return that is due as a
18  single return covering all such registered businesses, but
19  shall file separate returns for each such registered business.
20  Beginning January 1, 1990, each month the Department shall
21  pay into the State and Local Sales Tax Reform Fund, a special
22  fund in the State Treasury which is hereby created, the net
23  revenue realized for the preceding month from the 1% tax
24  imposed under this Act.
25  Beginning January 1, 1990, each month the Department shall
26  pay into the County and Mass Transit District Fund 4% of the

 

 

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HB2903- 22 -LRB104 03448 HLH 13471 b   HB2903 - 22 - LRB104 03448 HLH 13471 b
  HB2903 - 22 - LRB104 03448 HLH 13471 b
1  net revenue realized for the preceding month from the 6.25%
2  general rate on the selling price of tangible personal
3  property which is purchased outside Illinois at retail from a
4  retailer and which is titled or registered by an agency of this
5  State's government.
6  Beginning January 1, 1990, each month the Department shall
7  pay into the State and Local Sales Tax Reform Fund, a special
8  fund in the State Treasury, 20% of the net revenue realized for
9  the preceding month from the 6.25% general rate on the selling
10  price of tangible personal property, other than (i) tangible
11  personal property which is purchased outside Illinois at
12  retail from a retailer and which is titled or registered by an
13  agency of this State's government and (ii) aviation fuel sold
14  on or after December 1, 2019. This exception for aviation fuel
15  only applies for so long as the revenue use requirements of 49
16  U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
17  For aviation fuel sold on or after December 1, 2019, each
18  month the Department shall pay into the State Aviation Program
19  Fund 20% of the net revenue realized for the preceding month
20  from the 6.25% general rate on the selling price of aviation
21  fuel, less an amount estimated by the Department to be
22  required for refunds of the 20% portion of the tax on aviation
23  fuel under this Act, which amount shall be deposited into the
24  Aviation Fuel Sales Tax Refund Fund. The Department shall only
25  pay moneys into the State Aviation Program Fund and the
26  Aviation Fuels Sales Tax Refund Fund under this Act for so long

 

 

  HB2903 - 22 - LRB104 03448 HLH 13471 b


HB2903- 23 -LRB104 03448 HLH 13471 b   HB2903 - 23 - LRB104 03448 HLH 13471 b
  HB2903 - 23 - LRB104 03448 HLH 13471 b
1  as the revenue use requirements of 49 U.S.C. 47107(b) and 49
2  U.S.C. 47133 are binding on the State.
3  Beginning August 1, 2000, each month the Department shall
4  pay into the State and Local Sales Tax Reform Fund 100% of the
5  net revenue realized for the preceding month from the 1.25%
6  rate on the selling price of motor fuel and gasohol. If, in any
7  month, the tax on sales tax holiday items, as defined in
8  Section 3-6, is imposed at the rate of 1.25%, then the
9  Department shall pay 100% of the net revenue realized for that
10  month from the 1.25% rate on the selling price of sales tax
11  holiday items into the State and Local Sales Tax Reform Fund.
12  Beginning January 1, 1990, each month the Department shall
13  pay into the Local Government Tax Fund 16% of the net revenue
14  realized for the preceding month from the 6.25% general rate
15  on the selling price of tangible personal property which is
16  purchased outside Illinois at retail from a retailer and which
17  is titled or registered by an agency of this State's
18  government.
19  Beginning October 1, 2009, each month the Department shall
20  pay into the Capital Projects Fund an amount that is equal to
21  an amount estimated by the Department to represent 80% of the
22  net revenue realized for the preceding month from the sale of
23  candy, grooming and hygiene products, and soft drinks that had
24  been taxed at a rate of 1% prior to September 1, 2009 but that
25  are now taxed at 6.25%.
26  Beginning July 1, 2011, each month the Department shall

 

 

  HB2903 - 23 - LRB104 03448 HLH 13471 b


HB2903- 24 -LRB104 03448 HLH 13471 b   HB2903 - 24 - LRB104 03448 HLH 13471 b
  HB2903 - 24 - LRB104 03448 HLH 13471 b
1  pay into the Clean Air Act Permit Fund 80% of the net revenue
2  realized for the preceding month from the 6.25% general rate
3  on the selling price of sorbents used in Illinois in the
4  process of sorbent injection as used to comply with the
5  Environmental Protection Act or the federal Clean Air Act, but
6  the total payment into the Clean Air Act Permit Fund under this
7  Act and the Retailers' Occupation Tax Act shall not exceed
8  $2,000,000 in any fiscal year.
9  Beginning July 1, 2013, each month the Department shall
10  pay into the Underground Storage Tank Fund from the proceeds
11  collected under this Act, the Service Use Tax Act, the Service
12  Occupation Tax Act, and the Retailers' Occupation Tax Act an
13  amount equal to the average monthly deficit in the Underground
14  Storage Tank Fund during the prior year, as certified annually
15  by the Illinois Environmental Protection Agency, but the total
16  payment into the Underground Storage Tank Fund under this Act,
17  the Service Use Tax Act, the Service Occupation Tax Act, and
18  the Retailers' Occupation Tax Act shall not exceed $18,000,000
19  in any State fiscal year. As used in this paragraph, the
20  "average monthly deficit" shall be equal to the difference
21  between the average monthly claims for payment by the fund and
22  the average monthly revenues deposited into the fund,
23  excluding payments made pursuant to this paragraph.
24  Beginning July 1, 2015, of the remainder of the moneys
25  received by the Department under this Act, the Service Use Tax
26  Act, the Service Occupation Tax Act, and the Retailers'

 

 

  HB2903 - 24 - LRB104 03448 HLH 13471 b


HB2903- 25 -LRB104 03448 HLH 13471 b   HB2903 - 25 - LRB104 03448 HLH 13471 b
  HB2903 - 25 - LRB104 03448 HLH 13471 b
1  Occupation Tax Act, each month the Department shall deposit
2  $500,000 into the State Crime Laboratory Fund.
3  Of the remainder of the moneys received by the Department
4  pursuant to this Act, (a) 1.75% thereof shall be paid into the
5  Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
6  and after July 1, 1989, 3.8% thereof shall be paid into the
7  Build Illinois Fund; provided, however, that if in any fiscal
8  year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
9  may be, of the moneys received by the Department and required
10  to be paid into the Build Illinois Fund pursuant to Section 3
11  of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
12  Act, Section 9 of the Service Use Tax Act, and Section 9 of the
13  Service Occupation Tax Act, such Acts being hereinafter called
14  the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
15  may be, of moneys being hereinafter called the "Tax Act
16  Amount", and (2) the amount transferred to the Build Illinois
17  Fund from the State and Local Sales Tax Reform Fund shall be
18  less than the Annual Specified Amount (as defined in Section 3
19  of the Retailers' Occupation Tax Act), an amount equal to the
20  difference shall be immediately paid into the Build Illinois
21  Fund from other moneys received by the Department pursuant to
22  the Tax Acts; and further provided, that if on the last
23  business day of any month the sum of (1) the Tax Act Amount
24  required to be deposited into the Build Illinois Bond Account
25  in the Build Illinois Fund during such month and (2) the amount
26  transferred during such month to the Build Illinois Fund from

 

 

  HB2903 - 25 - LRB104 03448 HLH 13471 b


HB2903- 26 -LRB104 03448 HLH 13471 b   HB2903 - 26 - LRB104 03448 HLH 13471 b
  HB2903 - 26 - LRB104 03448 HLH 13471 b
1  the State and Local Sales Tax Reform Fund shall have been less
2  than 1/12 of the Annual Specified Amount, an amount equal to
3  the difference shall be immediately paid into the Build
4  Illinois Fund from other moneys received by the Department
5  pursuant to the Tax Acts; and, further provided, that in no
6  event shall the payments required under the preceding proviso
7  result in aggregate payments into the Build Illinois Fund
8  pursuant to this clause (b) for any fiscal year in excess of
9  the greater of (i) the Tax Act Amount or (ii) the Annual
10  Specified Amount for such fiscal year; and, further provided,
11  that the amounts payable into the Build Illinois Fund under
12  this clause (b) shall be payable only until such time as the
13  aggregate amount on deposit under each trust indenture
14  securing Bonds issued and outstanding pursuant to the Build
15  Illinois Bond Act is sufficient, taking into account any
16  future investment income, to fully provide, in accordance with
17  such indenture, for the defeasance of or the payment of the
18  principal of, premium, if any, and interest on the Bonds
19  secured by such indenture and on any Bonds expected to be
20  issued thereafter and all fees and costs payable with respect
21  thereto, all as certified by the Director of the Bureau of the
22  Budget (now Governor's Office of Management and Budget). If on
23  the last business day of any month in which Bonds are
24  outstanding pursuant to the Build Illinois Bond Act, the
25  aggregate of the moneys deposited in the Build Illinois Bond
26  Account in the Build Illinois Fund in such month shall be less

 

 

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HB2903- 27 -LRB104 03448 HLH 13471 b   HB2903 - 27 - LRB104 03448 HLH 13471 b
  HB2903 - 27 - LRB104 03448 HLH 13471 b
1  than the amount required to be transferred in such month from
2  the Build Illinois Bond Account to the Build Illinois Bond
3  Retirement and Interest Fund pursuant to Section 13 of the
4  Build Illinois Bond Act, an amount equal to such deficiency
5  shall be immediately paid from other moneys received by the
6  Department pursuant to the Tax Acts to the Build Illinois
7  Fund; provided, however, that any amounts paid to the Build
8  Illinois Fund in any fiscal year pursuant to this sentence
9  shall be deemed to constitute payments pursuant to clause (b)
10  of the preceding sentence and shall reduce the amount
11  otherwise payable for such fiscal year pursuant to clause (b)
12  of the preceding sentence. The moneys received by the
13  Department pursuant to this Act and required to be deposited
14  into the Build Illinois Fund are subject to the pledge, claim
15  and charge set forth in Section 12 of the Build Illinois Bond
16  Act.
17  Subject to payment of amounts into the Build Illinois Fund
18  as provided in the preceding paragraph or in any amendment
19  thereto hereafter enacted, the following specified monthly
20  installment of the amount requested in the certificate of the
21  Chairman of the Metropolitan Pier and Exposition Authority
22  provided under Section 8.25f of the State Finance Act, but not
23  in excess of the sums designated as "Total Deposit", shall be
24  deposited in the aggregate from collections under Section 9 of
25  the Use Tax Act, Section 9 of the Service Use Tax Act, Section
26  9 of the Service Occupation Tax Act, and Section 3 of the

 

 

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HB2903- 28 -LRB104 03448 HLH 13471 b   HB2903 - 28 - LRB104 03448 HLH 13471 b
  HB2903 - 28 - LRB104 03448 HLH 13471 b
1  Retailers' Occupation Tax Act into the McCormick Place
2  Expansion Project Fund in the specified fiscal years.
3Fiscal YearTotal Deposit41993         $051994 53,000,00061995 58,000,00071996 61,000,00081997 64,000,00091998 68,000,000101999 71,000,000112000 75,000,000122001 80,000,000132002 93,000,000142003 99,000,000152004103,000,000162005108,000,000172006113,000,000182007119,000,000192008126,000,000202009132,000,000212010139,000,000222011146,000,000232012153,000,000242013161,000,000252014170,000,000262015179,000,000 3  Fiscal Year  Total Deposit 4  1993  $0 5  1994  53,000,000 6  1995  58,000,000 7  1996  61,000,000 8  1997  64,000,000 9  1998  68,000,000 10  1999  71,000,000 11  2000  75,000,000 12  2001  80,000,000 13  2002  93,000,000 14  2003  99,000,000 15  2004  103,000,000 16  2005  108,000,000 17  2006  113,000,000 18  2007  119,000,000 19  2008  126,000,000 20  2009  132,000,000 21  2010  139,000,000 22  2011  146,000,000 23  2012  153,000,000 24  2013  161,000,000 25  2014  170,000,000 26  2015  179,000,000
3  Fiscal Year  Total Deposit
4  1993  $0
5  1994  53,000,000
6  1995  58,000,000
7  1996  61,000,000
8  1997  64,000,000
9  1998  68,000,000
10  1999  71,000,000
11  2000  75,000,000
12  2001  80,000,000
13  2002  93,000,000
14  2003  99,000,000
15  2004  103,000,000
16  2005  108,000,000
17  2006  113,000,000
18  2007  119,000,000
19  2008  126,000,000
20  2009  132,000,000
21  2010  139,000,000
22  2011  146,000,000
23  2012  153,000,000
24  2013  161,000,000
25  2014  170,000,000
26  2015  179,000,000

 

 

  HB2903 - 28 - LRB104 03448 HLH 13471 b


3  Fiscal Year  Total Deposit
4  1993  $0
5  1994  53,000,000
6  1995  58,000,000
7  1996  61,000,000
8  1997  64,000,000
9  1998  68,000,000
10  1999  71,000,000
11  2000  75,000,000
12  2001  80,000,000
13  2002  93,000,000
14  2003  99,000,000
15  2004  103,000,000
16  2005  108,000,000
17  2006  113,000,000
18  2007  119,000,000
19  2008  126,000,000
20  2009  132,000,000
21  2010  139,000,000
22  2011  146,000,000
23  2012  153,000,000
24  2013  161,000,000
25  2014  170,000,000
26  2015  179,000,000


HB2903- 29 -LRB104 03448 HLH 13471 b   HB2903 - 29 - LRB104 03448 HLH 13471 b
  HB2903 - 29 - LRB104 03448 HLH 13471 b
12016189,000,00022017199,000,00032018210,000,00042019221,000,00052020233,000,00062021300,000,00072022300,000,00082023300,000,00092024 300,000,000102025 300,000,000112026 300,000,000122027 375,000,000132028 375,000,000142029 375,000,000152030 375,000,000162031 375,000,000172032 375,000,000182033 375,000,000 192034375,000,000202035375,000,000212036450,000,00022and   23each fiscal year 24thereafter that bonds 25are outstanding under 26Section 13.2 of the 1  2016  189,000,000 2  2017  199,000,000 3  2018  210,000,000 4  2019  221,000,000 5  2020  233,000,000 6  2021  300,000,000 7  2022  300,000,000 8  2023  300,000,000 9  2024  300,000,000 10  2025  300,000,000 11  2026  300,000,000 12  2027  375,000,000 13  2028  375,000,000 14  2029  375,000,000 15  2030  375,000,000 16  2031  375,000,000 17  2032  375,000,000 18  2033  375,000,000 19  2034  375,000,000 20  2035  375,000,000 21  2036  450,000,000 22  and   23  each fiscal year   24  thereafter that bonds   25  are outstanding under   26  Section 13.2 of the
1  2016  189,000,000
2  2017  199,000,000
3  2018  210,000,000
4  2019  221,000,000
5  2020  233,000,000
6  2021  300,000,000
7  2022  300,000,000
8  2023  300,000,000
9  2024  300,000,000
10  2025  300,000,000
11  2026  300,000,000
12  2027  375,000,000
13  2028  375,000,000
14  2029  375,000,000
15  2030  375,000,000
16  2031  375,000,000
17  2032  375,000,000
18  2033  375,000,000
19  2034  375,000,000
20  2035  375,000,000
21  2036  450,000,000
22  and
23  each fiscal year
24  thereafter that bonds
25  are outstanding under
26  Section 13.2 of the

 

 

  HB2903 - 29 - LRB104 03448 HLH 13471 b

1  2016  189,000,000
2  2017  199,000,000
3  2018  210,000,000
4  2019  221,000,000
5  2020  233,000,000
6  2021  300,000,000
7  2022  300,000,000
8  2023  300,000,000
9  2024  300,000,000
10  2025  300,000,000
11  2026  300,000,000
12  2027  375,000,000
13  2028  375,000,000
14  2029  375,000,000
15  2030  375,000,000
16  2031  375,000,000
17  2032  375,000,000
18  2033  375,000,000
19  2034  375,000,000
20  2035  375,000,000
21  2036  450,000,000
22  and
23  each fiscal year
24  thereafter that bonds
25  are outstanding under
26  Section 13.2 of the


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  HB2903 - 30 - LRB104 03448 HLH 13471 b
1Metropolitan Pier and 2Exposition Authority Act, 3but not after fiscal year 2060. 1  Metropolitan Pier and   2  Exposition Authority Act,   3  but not after fiscal year 2060.
1  Metropolitan Pier and
2  Exposition Authority Act,
3  but not after fiscal year 2060.
4  Beginning July 20, 1993 and in each month of each fiscal
5  year thereafter, one-eighth of the amount requested in the
6  certificate of the Chairman of the Metropolitan Pier and
7  Exposition Authority for that fiscal year, less the amount
8  deposited into the McCormick Place Expansion Project Fund by
9  the State Treasurer in the respective month under subsection
10  (g) of Section 13 of the Metropolitan Pier and Exposition
11  Authority Act, plus cumulative deficiencies in the deposits
12  required under this Section for previous months and years,
13  shall be deposited into the McCormick Place Expansion Project
14  Fund, until the full amount requested for the fiscal year, but
15  not in excess of the amount specified above as "Total
16  Deposit", has been deposited.
17  Subject to payment of amounts into the Capital Projects
18  Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
19  and the McCormick Place Expansion Project Fund pursuant to the
20  preceding paragraphs or in any amendments thereto hereafter
21  enacted, for aviation fuel sold on or after December 1, 2019,
22  the Department shall each month deposit into the Aviation Fuel
23  Sales Tax Refund Fund an amount estimated by the Department to
24  be required for refunds of the 80% portion of the tax on
25  aviation fuel under this Act. The Department shall only
26  deposit moneys into the Aviation Fuel Sales Tax Refund Fund

 

 

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1  Metropolitan Pier and
2  Exposition Authority Act,
3  but not after fiscal year 2060.


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  HB2903 - 31 - LRB104 03448 HLH 13471 b
1  under this paragraph for so long as the revenue use
2  requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
3  binding on the State.
4  Subject to payment of amounts into the Build Illinois Fund
5  and the McCormick Place Expansion Project Fund pursuant to the
6  preceding paragraphs or in any amendments thereto hereafter
7  enacted, beginning July 1, 1993 and ending on September 30,
8  2013, the Department shall each month pay into the Illinois
9  Tax Increment Fund 0.27% of 80% of the net revenue realized for
10  the preceding month from the 6.25% general rate on the selling
11  price of tangible personal property.
12  Subject to payment of amounts into the Build Illinois
13  Fund, the McCormick Place Expansion Project Fund, the Illinois
14  Tax Increment Fund, and the Energy Infrastructure Fund
15  pursuant to the preceding paragraphs or in any amendments to
16  this Section hereafter enacted, beginning on the first day of
17  the first calendar month to occur on or after August 26, 2014
18  (the effective date of Public Act 98-1098), each month, from
19  the collections made under Section 9 of the Use Tax Act,
20  Section 9 of the Service Use Tax Act, Section 9 of the Service
21  Occupation Tax Act, and Section 3 of the Retailers' Occupation
22  Tax Act, the Department shall pay into the Tax Compliance and
23  Administration Fund, to be used, subject to appropriation, to
24  fund additional auditors and compliance personnel at the
25  Department of Revenue, an amount equal to 1/12 of 5% of 80% of
26  the cash receipts collected during the preceding fiscal year

 

 

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  HB2903 - 32 - LRB104 03448 HLH 13471 b
1  by the Audit Bureau of the Department under the Use Tax Act,
2  the Service Use Tax Act, the Service Occupation Tax Act, the
3  Retailers' Occupation Tax Act, and associated local occupation
4  and use taxes administered by the Department.
5  Subject to payments of amounts into the Build Illinois
6  Fund, the McCormick Place Expansion Project Fund, the Illinois
7  Tax Increment Fund, and the Tax Compliance and Administration
8  Fund as provided in this Section, beginning on July 1, 2018 the
9  Department shall pay each month into the Downstate Public
10  Transportation Fund the moneys required to be so paid under
11  Section 2-3 of the Downstate Public Transportation Act.
12  Subject to successful execution and delivery of a
13  public-private agreement between the public agency and private
14  entity and completion of the civic build, beginning on July 1,
15  2023, of the remainder of the moneys received by the
16  Department under the Use Tax Act, the Service Use Tax Act, the
17  Service Occupation Tax Act, and this Act, the Department shall
18  deposit the following specified deposits in the aggregate from
19  collections under the Use Tax Act, the Service Use Tax Act, the
20  Service Occupation Tax Act, and the Retailers' Occupation Tax
21  Act, as required under Section 8.25g of the State Finance Act
22  for distribution consistent with the Public-Private
23  Partnership for Civic and Transit Infrastructure Project Act.
24  The moneys received by the Department pursuant to this Act and
25  required to be deposited into the Civic and Transit
26  Infrastructure Fund are subject to the pledge, claim, and

 

 

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  HB2903 - 33 - LRB104 03448 HLH 13471 b
1  charge set forth in Section 25-55 of the Public-Private
2  Partnership for Civic and Transit Infrastructure Project Act.
3  As used in this paragraph, "civic build", "private entity",
4  "public-private agreement", and "public agency" have the
5  meanings provided in Section 25-10 of the Public-Private
6  Partnership for Civic and Transit Infrastructure Project Act.
7  Fiscal Year............................Total Deposit
8  2024....................................$200,000,000
9  2025....................................$206,000,000
10  2026....................................$212,200,000
11  2027....................................$218,500,000
12  2028....................................$225,100,000
13  2029....................................$288,700,000
14  2030....................................$298,900,000
15  2031....................................$309,300,000
16  2032....................................$320,100,000
17  2033....................................$331,200,000
18  2034....................................$341,200,000
19  2035....................................$351,400,000
20  2036....................................$361,900,000
21  2037....................................$372,800,000
22  2038....................................$384,000,000
23  2039....................................$395,500,000
24  2040....................................$407,400,000
25  2041....................................$419,600,000
26  2042....................................$432,200,000

 

 

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  HB2903 - 34 - LRB104 03448 HLH 13471 b
1  2043....................................$445,100,000
2  Beginning July 1, 2021 and until July 1, 2022, subject to
3  the payment of amounts into the State and Local Sales Tax
4  Reform Fund, the Build Illinois Fund, the McCormick Place
5  Expansion Project Fund, the Illinois Tax Increment Fund, and
6  the Tax Compliance and Administration Fund as provided in this
7  Section, the Department shall pay each month into the Road
8  Fund the amount estimated to represent 16% of the net revenue
9  realized from the taxes imposed on motor fuel and gasohol.
10  Beginning July 1, 2022 and until July 1, 2023, subject to the
11  payment of amounts into the State and Local Sales Tax Reform
12  Fund, the Build Illinois Fund, the McCormick Place Expansion
13  Project Fund, the Illinois Tax Increment Fund, and the Tax
14  Compliance and Administration Fund as provided in this
15  Section, the Department shall pay each month into the Road
16  Fund the amount estimated to represent 32% of the net revenue
17  realized from the taxes imposed on motor fuel and gasohol.
18  Beginning July 1, 2023 and until July 1, 2024, subject to the
19  payment of amounts into the State and Local Sales Tax Reform
20  Fund, the Build Illinois Fund, the McCormick Place Expansion
21  Project Fund, the Illinois Tax Increment Fund, and the Tax
22  Compliance and Administration Fund as provided in this
23  Section, the Department shall pay each month into the Road
24  Fund the amount estimated to represent 48% of the net revenue
25  realized from the taxes imposed on motor fuel and gasohol.
26  Beginning July 1, 2024 and until July 1, 2025, subject to the

 

 

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  HB2903 - 35 - LRB104 03448 HLH 13471 b
1  payment of amounts into the State and Local Sales Tax Reform
2  Fund, the Build Illinois Fund, the McCormick Place Expansion
3  Project Fund, the Illinois Tax Increment Fund, and the Tax
4  Compliance and Administration Fund as provided in this
5  Section, the Department shall pay each month into the Road
6  Fund the amount estimated to represent 64% of the net revenue
7  realized from the taxes imposed on motor fuel and gasohol.
8  Beginning on July 1, 2025, subject to the payment of amounts
9  into the State and Local Sales Tax Reform Fund, the Build
10  Illinois Fund, the McCormick Place Expansion Project Fund, the
11  Illinois Tax Increment Fund, and the Tax Compliance and
12  Administration Fund as provided in this Section, the
13  Department shall pay each month into the Road Fund the amount
14  estimated to represent 80% of the net revenue realized from
15  the taxes imposed on motor fuel and gasohol. As used in this
16  paragraph "motor fuel" has the meaning given to that term in
17  Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the
18  meaning given to that term in Section 3-40 of this Act.
19  Until July 1, 2025, of Of the remainder of the moneys
20  received by the Department pursuant to this Act, 75% thereof
21  shall be paid into the State Treasury and 25% shall be reserved
22  in a special account and used only for the transfer to the
23  Common School Fund as part of the monthly transfer from the
24  General Revenue Fund in accordance with Section 8a of the
25  State Finance Act. Beginning July 1, 2025, of the remainder of
26  the moneys received by the Department pursuant to this Act,

 

 

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  HB2903 - 36 - LRB104 03448 HLH 13471 b
1  75% shall be deposited into the General Revenue Fund and 25%
2  shall be deposited into the Common School Fund.
3  As soon as possible after the first day of each month, upon
4  certification of the Department of Revenue, the Comptroller
5  shall order transferred and the Treasurer shall transfer from
6  the General Revenue Fund to the Motor Fuel Tax Fund an amount
7  equal to 1.7% of 80% of the net revenue realized under this Act
8  for the second preceding month. Beginning April 1, 2000, this
9  transfer is no longer required and shall not be made.
10  Net revenue realized for a month shall be the revenue
11  collected by the State pursuant to this Act, less the amount
12  paid out during that month as refunds to taxpayers for
13  overpayment of liability.
14  For greater simplicity of administration, manufacturers,
15  importers and wholesalers whose products are sold at retail in
16  Illinois by numerous retailers, and who wish to do so, may
17  assume the responsibility for accounting and paying to the
18  Department all tax accruing under this Act with respect to
19  such sales, if the retailers who are affected do not make
20  written objection to the Department to this arrangement.
21  (Source: P.A. 102-700, Article 60, Section 60-15, eff.
22  4-19-22; 102-700, Article 65, Section 65-5, eff. 4-19-22;
23  102-1019, eff. 1-1-23; 103-154, eff. 6-30-23; 103-363, eff.
24  7-28-23; 103-592, Article 75, Section 75-5, eff. 1-1-25;
25  103-592, Article 110, Section 110-5, eff. 6-7-24; 103-1055,
26  eff. 12-20-24.)

 

 

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  HB2903 - 37 - LRB104 03448 HLH 13471 b
1  Section 10. The Service Use Tax Act is amended by changing
2  Section 9 as follows:
3  (35 ILCS 110/9)
4  Sec. 9. Each serviceman required or authorized to collect
5  the tax herein imposed shall pay to the Department the amount
6  of such tax (except as otherwise provided) at the time when he
7  is required to file his return for the period during which such
8  tax was collected, less a discount of 2.1% prior to January 1,
9  1990 and 1.75% on and after January 1, 1990, or $5 per calendar
10  year, whichever is greater, which is allowed to reimburse the
11  serviceman for expenses incurred in collecting the tax,
12  keeping records, preparing and filing returns, remitting the
13  tax, and supplying data to the Department on request.
14  Beginning with returns due on or after January 1, 2025, the
15  vendor's discount allowed in this Section, the Retailers'
16  Occupation Tax Act, the Service Occupation Tax Act, and the
17  Use Tax Act, including any local tax administered by the
18  Department and reported on the same return, shall not exceed
19  $1,000 per month in the aggregate. When determining the
20  discount allowed under this Section, servicemen shall include
21  the amount of tax that would have been due at the 1% rate but
22  for the 0% rate imposed under Public Act 102-700 this
23  amendatory Act of the 102nd General Assembly. The discount
24  under this Section is not allowed for the 1.25% portion of

 

 

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  HB2903 - 38 - LRB104 03448 HLH 13471 b
1  taxes paid on aviation fuel that is subject to the revenue use
2  requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The
3  discount allowed under this Section is allowed only for
4  returns that are filed in the manner required by this Act. The
5  Department may disallow the discount for servicemen whose
6  certificate of registration is revoked at the time the return
7  is filed, but only if the Department's decision to revoke the
8  certificate of registration has become final. A serviceman
9  need not remit that part of any tax collected by him to the
10  extent that he is required to pay and does pay the tax imposed
11  by the Service Occupation Tax Act with respect to his sale of
12  service involving the incidental transfer by him of the same
13  property.
14  Except as provided hereinafter in this Section, on or
15  before the twentieth day of each calendar month, such
16  serviceman shall file a return for the preceding calendar
17  month in accordance with reasonable Rules and Regulations to
18  be promulgated by the Department. Such return shall be filed
19  on a form prescribed by the Department and shall contain such
20  information as the Department may reasonably require. The
21  return shall include the gross receipts which were received
22  during the preceding calendar month or quarter on the
23  following items upon which tax would have been due but for the
24  0% rate imposed under Public Act 102-700 this amendatory Act
25  of the 102nd General Assembly: (i) food for human consumption
26  that is to be consumed off the premises where it is sold (other

 

 

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  HB2903 - 39 - LRB104 03448 HLH 13471 b
1  than alcoholic beverages, food consisting of or infused with
2  adult use cannabis, soft drinks, and food that has been
3  prepared for immediate consumption); and (ii) food prepared
4  for immediate consumption and transferred incident to a sale
5  of service subject to this Act or the Service Occupation Tax
6  Act by an entity licensed under the Hospital Licensing Act,
7  the Nursing Home Care Act, the Assisted Living and Shared
8  Housing Act, the ID/DD Community Care Act, the MC/DD Act, the
9  Specialized Mental Health Rehabilitation Act of 2013, or the
10  Child Care Act of 1969, or an entity that holds a permit issued
11  pursuant to the Life Care Facilities Act. The return shall
12  also include the amount of tax that would have been due on the
13  items listed in the previous sentence but for the 0% rate
14  imposed under Public Act 102-700 this amendatory Act of the
15  102nd General Assembly.
16  In the case of leases, except as otherwise provided in
17  this Act, the lessor, in collecting the tax, may collect for
18  each tax return period, only the tax applicable to that part of
19  the selling price actually received during such tax return
20  period.
21  On and after January 1, 2018, with respect to servicemen
22  whose annual gross receipts average $20,000 or more, all
23  returns required to be filed pursuant to this Act shall be
24  filed electronically. Servicemen who demonstrate that they do
25  not have access to the Internet or demonstrate hardship in
26  filing electronically may petition the Department to waive the

 

 

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  HB2903 - 40 - LRB104 03448 HLH 13471 b
1  electronic filing requirement.
2  The Department may require returns to be filed on a
3  quarterly basis. If so required, a return for each calendar
4  quarter shall be filed on or before the twentieth day of the
5  calendar month following the end of such calendar quarter. The
6  taxpayer shall also file a return with the Department for each
7  of the first two months of each calendar quarter, on or before
8  the twentieth day of the following calendar month, stating:
9  1. The name of the seller;
10  2. The address of the principal place of business from
11  which he engages in business as a serviceman in this
12  State;
13  3. The total amount of taxable receipts received by
14  him during the preceding calendar month, including
15  receipts from charge and time sales, but less all
16  deductions allowed by law;
17  4. The amount of credit provided in Section 2d of this
18  Act;
19  5. The amount of tax due;
20  5-5. The signature of the taxpayer; and
21  6. Such other reasonable information as the Department
22  may require.
23  Each serviceman required or authorized to collect the tax
24  imposed by this Act on aviation fuel transferred as an
25  incident of a sale of service in this State during the
26  preceding calendar month shall, instead of reporting and

 

 

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  HB2903 - 41 - LRB104 03448 HLH 13471 b
1  paying tax on aviation fuel as otherwise required by this
2  Section, report and pay such tax on a separate aviation fuel
3  tax return. The requirements related to the return shall be as
4  otherwise provided in this Section. Notwithstanding any other
5  provisions of this Act to the contrary, servicemen collecting
6  tax on aviation fuel shall file all aviation fuel tax returns
7  and shall make all aviation fuel tax payments by electronic
8  means in the manner and form required by the Department. For
9  purposes of this Section, "aviation fuel" means jet fuel and
10  aviation gasoline.
11  If a taxpayer fails to sign a return within 30 days after
12  the proper notice and demand for signature by the Department,
13  the return shall be considered valid and any amount shown to be
14  due on the return shall be deemed assessed.
15  Notwithstanding any other provision of this Act to the
16  contrary, servicemen subject to tax on cannabis shall file all
17  cannabis tax returns and shall make all cannabis tax payments
18  by electronic means in the manner and form required by the
19  Department.
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 has
24  an average monthly tax liability of $100,000 or more shall
25  make all payments required by rules of the Department by
26  electronic funds transfer. Beginning October 1, 1995, a

 

 

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  HB2903 - 42 - LRB104 03448 HLH 13471 b
1  taxpayer who has an average monthly tax liability of $50,000
2  or more shall make all payments required by rules of the
3  Department by electronic funds transfer. Beginning October 1,
4  2000, a taxpayer who has an annual tax liability of $200,000 or
5  more shall make all payments required by rules of the
6  Department by electronic funds transfer. The term "annual tax
7  liability" shall be the sum of the taxpayer's liabilities
8  under this Act, and under all other State and local occupation
9  and use tax laws administered by the Department, for the
10  immediately preceding calendar year. The term "average monthly
11  tax liability" means the sum of the taxpayer's liabilities
12  under this Act, and under all other State and local occupation
13  and use tax laws administered by the Department, for the
14  immediately preceding calendar year divided by 12. Beginning
15  on October 1, 2002, a taxpayer who has a tax liability in the
16  amount set forth in subsection (b) of Section 2505-210 of the
17  Department of Revenue Law shall make all payments required by
18  rules of the Department by electronic funds transfer.
19  Before August 1 of each year beginning in 1993, the
20  Department shall notify all taxpayers required to make
21  payments by electronic funds transfer. All taxpayers required
22  to make payments by electronic funds transfer shall make those
23  payments for a minimum of one year beginning on October 1.
24  Any taxpayer not required to make payments by electronic
25  funds transfer may make payments by electronic funds transfer
26  with the permission of the Department.

 

 

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  HB2903 - 43 - LRB104 03448 HLH 13471 b
1  All taxpayers required to make payment by electronic funds
2  transfer and any taxpayers authorized to voluntarily make
3  payments by electronic funds transfer shall make those
4  payments in the manner authorized by the Department.
5  The Department shall adopt such rules as are necessary to
6  effectuate a program of electronic funds transfer and the
7  requirements of this Section.
8  If the serviceman is otherwise required to file a monthly
9  return and if the serviceman's average monthly tax liability
10  to the Department does not exceed $200, the Department may
11  authorize his returns to be filed on a quarter annual basis,
12  with the return for January, February, and March of a given
13  year being due by April 20 of such year; with the return for
14  April, May, and June of a given year being due by July 20 of
15  such year; with the return for July, August, and September of a
16  given year being due by October 20 of such year, and with the
17  return for October, November, and December of a given year
18  being due by January 20 of the following year.
19  If the serviceman is otherwise required to file a monthly
20  or quarterly return and if the serviceman's average monthly
21  tax liability to the Department does not exceed $50, the
22  Department may authorize his returns to be filed on an annual
23  basis, with the return for a given year being due by January 20
24  of the following year.
25  Such quarter annual and annual returns, as to form and
26  substance, shall be subject to the same requirements as

 

 

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  HB2903 - 44 - LRB104 03448 HLH 13471 b
1  monthly returns.
2  Notwithstanding any other provision in this Act concerning
3  the time within which a serviceman may file his return, in the
4  case of any serviceman who ceases to engage in a kind of
5  business which makes him responsible for filing returns under
6  this Act, such serviceman shall file a final return under this
7  Act with the Department not more than one 1 month after
8  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 from
14  the purchaser. When filing his return for the period in which
15  he refunds such tax to the purchaser, the serviceman may
16  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 to
21  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

 

 

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  HB2903 - 45 - LRB104 03448 HLH 13471 b
1  include the total tax upon the selling price of tangible
2  personal property purchased for use by him as an incident to a
3  sale of service, and such serviceman shall remit the amount of
4  such tax to the Department when filing such return.
5  If experience indicates such action to be practicable, the
6  Department may prescribe and furnish a combination or joint
7  return which will enable servicemen, who are required to file
8  returns hereunder and also under the Service Occupation Tax
9  Act, to furnish all the return information required by both
10  Acts on the one form.
11  Where the serviceman has more than one business registered
12  with the Department under separate registration hereunder,
13  such serviceman shall not file each return that is due as a
14  single return covering all such registered businesses, but
15  shall file separate returns for each such registered business.
16  Beginning January 1, 1990, each month the Department shall
17  pay into the State and Local Tax Reform Fund, a special fund in
18  the State treasury Treasury, the net revenue realized for the
19  preceding month from the 1% tax imposed under this Act.
20  Beginning January 1, 1990, each month the Department shall
21  pay into the State and Local Sales Tax Reform Fund 20% of the
22  net revenue realized for the preceding month from the 6.25%
23  general rate on transfers of tangible personal property, other
24  than (i) tangible personal property which is purchased outside
25  Illinois at retail from a retailer and which is titled or
26  registered by an agency of this State's government and (ii)

 

 

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1  aviation fuel sold on or after December 1, 2019. This
2  exception for aviation fuel only applies for so long as the
3  revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
4  47133 are binding on the State.
5  For aviation fuel sold on or after December 1, 2019, each
6  month the Department shall pay into the State Aviation Program
7  Fund 20% of the net revenue realized for the preceding month
8  from the 6.25% general rate on the selling price of aviation
9  fuel, less an amount estimated by the Department to be
10  required for refunds of the 20% portion of the tax on aviation
11  fuel under this Act, which amount shall be deposited into the
12  Aviation Fuel Sales Tax Refund Fund. The Department shall only
13  pay moneys into the State Aviation Program Fund and the
14  Aviation Fuel Sales Tax Refund Fund under this Act for so long
15  as the revenue use requirements of 49 U.S.C. 47107(b) and 49
16  U.S.C. 47133 are binding on the State.
17  Beginning August 1, 2000, each month the Department shall
18  pay into the State and Local Sales Tax Reform Fund 100% of the
19  net revenue realized for the preceding month from the 1.25%
20  rate on the selling price of motor fuel and gasohol.
21  Beginning October 1, 2009, each month the Department shall
22  pay into the Capital Projects Fund an amount that is equal to
23  an amount estimated by the Department to represent 80% of the
24  net revenue realized for the preceding month from the sale of
25  candy, grooming and hygiene products, and soft drinks that had
26  been taxed at a rate of 1% prior to September 1, 2009 but that

 

 

  HB2903 - 46 - LRB104 03448 HLH 13471 b


HB2903- 47 -LRB104 03448 HLH 13471 b   HB2903 - 47 - LRB104 03448 HLH 13471 b
  HB2903 - 47 - LRB104 03448 HLH 13471 b
1  are now taxed at 6.25%.
2  Beginning July 1, 2013, each month the Department shall
3  pay into the Underground Storage Tank Fund from the proceeds
4  collected under this Act, the Use Tax Act, the Service
5  Occupation Tax Act, and the Retailers' Occupation Tax Act an
6  amount equal to the average monthly deficit in the Underground
7  Storage Tank Fund during the prior year, as certified annually
8  by the Illinois Environmental Protection Agency, but the total
9  payment into the Underground Storage Tank Fund under this Act,
10  the Use Tax Act, the Service Occupation Tax Act, and the
11  Retailers' Occupation Tax Act shall not exceed $18,000,000 in
12  any State fiscal year. As used in this paragraph, the "average
13  monthly deficit" shall be equal to the difference between the
14  average monthly claims for payment by the fund and the average
15  monthly revenues deposited into the fund, excluding payments
16  made pursuant to this paragraph.
17  Beginning July 1, 2015, of the remainder of the moneys
18  received by the Department under the Use Tax Act, this Act, the
19  Service Occupation Tax Act, and the Retailers' Occupation Tax
20  Act, each month the Department shall deposit $500,000 into the
21  State Crime Laboratory Fund.
22  Of the remainder of the moneys received by the Department
23  pursuant to this Act, (a) 1.75% thereof shall be paid into the
24  Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
25  and after July 1, 1989, 3.8% thereof shall be paid into the
26  Build Illinois Fund; provided, however, that if in any fiscal

 

 

  HB2903 - 47 - LRB104 03448 HLH 13471 b


HB2903- 48 -LRB104 03448 HLH 13471 b   HB2903 - 48 - LRB104 03448 HLH 13471 b
  HB2903 - 48 - LRB104 03448 HLH 13471 b
1  year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
2  may be, of the moneys received by the Department and required
3  to be paid into the Build Illinois Fund pursuant to Section 3
4  of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
5  Act, Section 9 of the Service Use Tax Act, and Section 9 of the
6  Service Occupation Tax Act, such Acts being hereinafter called
7  the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
8  may be, of moneys being hereinafter called the "Tax Act
9  Amount", and (2) the amount transferred to the Build Illinois
10  Fund from the State and Local Sales Tax Reform Fund shall be
11  less than the Annual Specified Amount (as defined in Section 3
12  of the Retailers' Occupation Tax Act), an amount equal to the
13  difference shall be immediately paid into the Build Illinois
14  Fund from other moneys received by the Department pursuant to
15  the Tax Acts; and further provided, that if on the last
16  business day of any month the sum of (1) the Tax Act Amount
17  required to be deposited into the Build Illinois Bond Account
18  in the Build Illinois Fund during such month and (2) the amount
19  transferred during such month to the Build Illinois Fund from
20  the State and Local Sales Tax Reform Fund shall have been less
21  than 1/12 of the Annual Specified Amount, an amount equal to
22  the difference shall be immediately paid into the Build
23  Illinois Fund from other moneys received by the Department
24  pursuant to the Tax Acts; and, further provided, that in no
25  event shall the payments required under the preceding proviso
26  result in aggregate payments into the Build Illinois Fund

 

 

  HB2903 - 48 - LRB104 03448 HLH 13471 b


HB2903- 49 -LRB104 03448 HLH 13471 b   HB2903 - 49 - LRB104 03448 HLH 13471 b
  HB2903 - 49 - LRB104 03448 HLH 13471 b
1  pursuant to this clause (b) for any fiscal year in excess of
2  the greater of (i) the Tax Act Amount or (ii) the Annual
3  Specified Amount for such fiscal year; and, further provided,
4  that the amounts payable into the Build Illinois Fund under
5  this clause (b) shall be payable only until such time as the
6  aggregate amount on deposit under each trust indenture
7  securing Bonds issued and outstanding pursuant to the Build
8  Illinois Bond Act is sufficient, taking into account any
9  future investment income, to fully provide, in accordance with
10  such indenture, for the defeasance of or the payment of the
11  principal of, premium, if any, and interest on the Bonds
12  secured by such indenture and on any Bonds expected to be
13  issued thereafter and all fees and costs payable with respect
14  thereto, all as certified by the Director of the Bureau of the
15  Budget (now Governor's Office of Management and Budget). If on
16  the last business day of any month in which Bonds are
17  outstanding pursuant to the Build Illinois Bond Act, the
18  aggregate of the moneys deposited in the Build Illinois Bond
19  Account in the Build Illinois Fund in such month shall be less
20  than the amount required to be transferred in such month from
21  the Build Illinois Bond Account to the Build Illinois Bond
22  Retirement and Interest Fund pursuant to Section 13 of the
23  Build Illinois Bond Act, an amount equal to such deficiency
24  shall be immediately paid from other moneys received by the
25  Department pursuant to the Tax Acts to the Build Illinois
26  Fund; provided, however, that any amounts paid to the Build

 

 

  HB2903 - 49 - LRB104 03448 HLH 13471 b


HB2903- 50 -LRB104 03448 HLH 13471 b   HB2903 - 50 - LRB104 03448 HLH 13471 b
  HB2903 - 50 - LRB104 03448 HLH 13471 b
1  Illinois Fund in any fiscal year pursuant to this sentence
2  shall be deemed to constitute payments pursuant to clause (b)
3  of the preceding sentence and shall reduce the amount
4  otherwise payable for such fiscal year pursuant to clause (b)
5  of the preceding sentence. The moneys received by the
6  Department pursuant to this Act and required to be deposited
7  into the Build Illinois Fund are subject to the pledge, claim
8  and charge set forth in Section 12 of the Build Illinois Bond
9  Act.
10  Subject to payment of amounts into the Build Illinois Fund
11  as provided in the preceding paragraph or in any amendment
12  thereto hereafter enacted, the following specified monthly
13  installment of the amount requested in the certificate of the
14  Chairman of the Metropolitan Pier and Exposition Authority
15  provided under Section 8.25f of the State Finance Act, but not
16  in excess of the sums designated as "Total Deposit", shall be
17  deposited in the aggregate from collections under Section 9 of
18  the Use Tax Act, Section 9 of the Service Use Tax Act, Section
19  9 of the Service Occupation Tax Act, and Section 3 of the
20  Retailers' Occupation Tax Act into the McCormick Place
21  Expansion Project Fund in the specified fiscal years.
22Fiscal YearTotal Deposit231993         $0241994 53,000,000251995 58,000,000 22  Fiscal Year  Total Deposit 23  1993  $0 24  1994  53,000,000 25  1995  58,000,000
22  Fiscal Year  Total Deposit
23  1993  $0
24  1994  53,000,000
25  1995  58,000,000

 

 

  HB2903 - 50 - LRB104 03448 HLH 13471 b


22  Fiscal Year  Total Deposit
23  1993  $0
24  1994  53,000,000
25  1995  58,000,000


HB2903- 51 -LRB104 03448 HLH 13471 b   HB2903 - 51 - LRB104 03448 HLH 13471 b
  HB2903 - 51 - LRB104 03448 HLH 13471 b
11996 61,000,00021997 64,000,00031998 68,000,00041999 71,000,00052000 75,000,00062001 80,000,00072002 93,000,00082003 99,000,00092004103,000,000102005108,000,000112006113,000,000122007119,000,000132008126,000,000142009132,000,000152010139,000,000162011146,000,000172012153,000,000182013161,000,000192014170,000,000202015179,000,000212016189,000,000222017199,000,000232018210,000,000242019221,000,000252020233,000,000262021300,000,000 1  1996  61,000,000 2  1997  64,000,000 3  1998  68,000,000 4  1999  71,000,000 5  2000  75,000,000 6  2001  80,000,000 7  2002  93,000,000 8  2003  99,000,000 9  2004  103,000,000 10  2005  108,000,000 11  2006  113,000,000 12  2007  119,000,000 13  2008  126,000,000 14  2009  132,000,000 15  2010  139,000,000 16  2011  146,000,000 17  2012  153,000,000 18  2013  161,000,000 19  2014  170,000,000 20  2015  179,000,000 21  2016  189,000,000 22  2017  199,000,000 23  2018  210,000,000 24  2019  221,000,000 25  2020  233,000,000 26  2021  300,000,000
1  1996  61,000,000
2  1997  64,000,000
3  1998  68,000,000
4  1999  71,000,000
5  2000  75,000,000
6  2001  80,000,000
7  2002  93,000,000
8  2003  99,000,000
9  2004  103,000,000
10  2005  108,000,000
11  2006  113,000,000
12  2007  119,000,000
13  2008  126,000,000
14  2009  132,000,000
15  2010  139,000,000
16  2011  146,000,000
17  2012  153,000,000
18  2013  161,000,000
19  2014  170,000,000
20  2015  179,000,000
21  2016  189,000,000
22  2017  199,000,000
23  2018  210,000,000
24  2019  221,000,000
25  2020  233,000,000
26  2021  300,000,000

 

 

  HB2903 - 51 - LRB104 03448 HLH 13471 b

1  1996  61,000,000
2  1997  64,000,000
3  1998  68,000,000
4  1999  71,000,000
5  2000  75,000,000
6  2001  80,000,000
7  2002  93,000,000
8  2003  99,000,000
9  2004  103,000,000
10  2005  108,000,000
11  2006  113,000,000
12  2007  119,000,000
13  2008  126,000,000
14  2009  132,000,000
15  2010  139,000,000
16  2011  146,000,000
17  2012  153,000,000
18  2013  161,000,000
19  2014  170,000,000
20  2015  179,000,000
21  2016  189,000,000
22  2017  199,000,000
23  2018  210,000,000
24  2019  221,000,000
25  2020  233,000,000
26  2021  300,000,000


HB2903- 52 -LRB104 03448 HLH 13471 b   HB2903 - 52 - LRB104 03448 HLH 13471 b
  HB2903 - 52 - LRB104 03448 HLH 13471 b
12022300,000,00022023300,000,00032024 300,000,00042025 300,000,00052026 300,000,00062027 375,000,00072028 375,000,00082029 375,000,00092030 375,000,000102031 375,000,000112032 375,000,000122033 375,000,000132034375,000,000142035375,000,000152036450,000,00016and  17each fiscal year 18thereafter that bonds 19are outstanding under 20Section 13.2 of the 21Metropolitan Pier and 22Exposition Authority Act, 23but not after fiscal year 2060. 1  2022  300,000,000 2  2023  300,000,000 3  2024  300,000,000 4  2025  300,000,000 5  2026  300,000,000 6  2027  375,000,000 7  2028  375,000,000 8  2029  375,000,000 9  2030  375,000,000 10  2031  375,000,000 11  2032  375,000,000 12  2033  375,000,000 13  2034  375,000,000 14  2035  375,000,000 15  2036  450,000,000 16  and   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 Act,   23  but not after fiscal year 2060.
1  2022  300,000,000
2  2023  300,000,000
3  2024  300,000,000
4  2025  300,000,000
5  2026  300,000,000
6  2027  375,000,000
7  2028  375,000,000
8  2029  375,000,000
9  2030  375,000,000
10  2031  375,000,000
11  2032  375,000,000
12  2033  375,000,000
13  2034  375,000,000
14  2035  375,000,000
15  2036  450,000,000
16  and
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 Act,
23  but not after fiscal year 2060.
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

 

 

  HB2903 - 52 - LRB104 03448 HLH 13471 b

1  2022  300,000,000
2  2023  300,000,000
3  2024  300,000,000
4  2025  300,000,000
5  2026  300,000,000
6  2027  375,000,000
7  2028  375,000,000
8  2029  375,000,000
9  2030  375,000,000
10  2031  375,000,000
11  2032  375,000,000
12  2033  375,000,000
13  2034  375,000,000
14  2035  375,000,000
15  2036  450,000,000
16  and
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 Act,
23  but not after fiscal year 2060.


HB2903- 53 -LRB104 03448 HLH 13471 b   HB2903 - 53 - LRB104 03448 HLH 13471 b
  HB2903 - 53 - LRB104 03448 HLH 13471 b
1  Exposition Authority for that fiscal year, less the amount
2  deposited into the McCormick Place Expansion Project Fund by
3  the State Treasurer in the respective month under subsection
4  (g) of Section 13 of the Metropolitan Pier and Exposition
5  Authority Act, plus cumulative deficiencies in the deposits
6  required under this Section for previous months and years,
7  shall be deposited into the McCormick Place Expansion Project
8  Fund, until the full amount requested for the fiscal year, but
9  not in excess of the amount specified above as "Total
10  Deposit", has been deposited.
11  Subject to payment of amounts into the Capital Projects
12  Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
13  and the McCormick Place Expansion Project Fund pursuant to the
14  preceding paragraphs or in any amendments thereto hereafter
15  enacted, for aviation fuel sold on or after December 1, 2019,
16  the Department shall each month deposit into the Aviation Fuel
17  Sales Tax Refund Fund an amount estimated by the Department to
18  be required for refunds of the 80% portion of the tax on
19  aviation fuel under this Act. The Department shall only
20  deposit moneys into the Aviation Fuel Sales Tax Refund Fund
21  under this paragraph for so long as the revenue use
22  requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
23  binding on the State.
24  Subject to payment of amounts into the Build Illinois Fund
25  and the McCormick Place Expansion Project Fund pursuant to the
26  preceding paragraphs or in any amendments thereto hereafter

 

 

  HB2903 - 53 - LRB104 03448 HLH 13471 b


HB2903- 54 -LRB104 03448 HLH 13471 b   HB2903 - 54 - LRB104 03448 HLH 13471 b
  HB2903 - 54 - LRB104 03448 HLH 13471 b
1  enacted, beginning July 1, 1993 and ending on September 30,
2  2013, the Department shall each month pay into the Illinois
3  Tax Increment Fund 0.27% of 80% of the net revenue realized for
4  the preceding month from the 6.25% general rate on the selling
5  price of tangible personal property.
6  Subject to payment of amounts into the Build Illinois
7  Fund, the McCormick Place Expansion Project Fund, the Illinois
8  Tax Increment Fund, pursuant to the preceding paragraphs or in
9  any amendments to this Section hereafter enacted, beginning on
10  the first day of the first calendar month to occur on or after
11  August 26, 2014 (the effective date of Public Act 98-1098),
12  each month, from the collections made under Section 9 of the
13  Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of
14  the Service Occupation Tax Act, and Section 3 of the
15  Retailers' Occupation Tax Act, the Department shall pay into
16  the Tax Compliance and Administration Fund, to be used,
17  subject to appropriation, to fund additional auditors and
18  compliance personnel at the Department of Revenue, an amount
19  equal to 1/12 of 5% of 80% of the cash receipts collected
20  during the preceding fiscal year by the Audit Bureau of the
21  Department under the Use Tax Act, the Service Use Tax Act, the
22  Service Occupation Tax Act, the Retailers' Occupation Tax Act,
23  and associated local occupation and use taxes administered by
24  the Department.
25  Subject to payments of amounts into the Build Illinois
26  Fund, the McCormick Place Expansion Project Fund, the Illinois

 

 

  HB2903 - 54 - LRB104 03448 HLH 13471 b


HB2903- 55 -LRB104 03448 HLH 13471 b   HB2903 - 55 - LRB104 03448 HLH 13471 b
  HB2903 - 55 - LRB104 03448 HLH 13471 b
1  Tax Increment Fund, and the Tax Compliance and Administration
2  Fund as provided in this Section, beginning on July 1, 2018 the
3  Department shall pay each month into the Downstate Public
4  Transportation Fund the moneys required to be so paid under
5  Section 2-3 of the Downstate Public Transportation Act.
6  Subject to successful execution and delivery of a
7  public-private agreement between the public agency and private
8  entity and completion of the civic build, beginning on July 1,
9  2023, of the remainder of the moneys received by the
10  Department under the Use Tax Act, the Service Use Tax Act, the
11  Service Occupation Tax Act, and this Act, the Department shall
12  deposit the following specified deposits in the aggregate from
13  collections under the Use Tax Act, the Service Use Tax Act, the
14  Service Occupation Tax Act, and the Retailers' Occupation Tax
15  Act, as required under Section 8.25g of the State Finance Act
16  for distribution consistent with the Public-Private
17  Partnership for Civic and Transit Infrastructure Project Act.
18  The moneys received by the Department pursuant to this Act and
19  required to be deposited into the Civic and Transit
20  Infrastructure Fund are subject to the pledge, claim, and
21  charge set forth in Section 25-55 of the Public-Private
22  Partnership for Civic and Transit Infrastructure Project Act.
23  As used in this paragraph, "civic build", "private entity",
24  "public-private agreement", and "public agency" have the
25  meanings provided in Section 25-10 of the Public-Private
26  Partnership for Civic and Transit Infrastructure Project Act.

 

 

  HB2903 - 55 - LRB104 03448 HLH 13471 b


HB2903- 56 -LRB104 03448 HLH 13471 b   HB2903 - 56 - LRB104 03448 HLH 13471 b
  HB2903 - 56 - LRB104 03448 HLH 13471 b
1  Fiscal Year............................Total Deposit
2  2024....................................$200,000,000
3  2025....................................$206,000,000
4  2026....................................$212,200,000
5  2027....................................$218,500,000
6  2028....................................$225,100,000
7  2029....................................$288,700,000
8  2030....................................$298,900,000
9  2031....................................$309,300,000
10  2032....................................$320,100,000
11  2033....................................$331,200,000
12  2034....................................$341,200,000
13  2035....................................$351,400,000
14  2036....................................$361,900,000
15  2037....................................$372,800,000
16  2038....................................$384,000,000
17  2039....................................$395,500,000
18  2040....................................$407,400,000
19  2041....................................$419,600,000
20  2042....................................$432,200,000
21  2043....................................$445,100,000
22  Beginning July 1, 2021 and until July 1, 2022, subject to
23  the payment of amounts into the State and Local Sales Tax
24  Reform Fund, the Build Illinois Fund, the McCormick Place
25  Expansion Project Fund, the Energy Infrastructure Fund, and
26  the Tax Compliance and Administration Fund as provided in this

 

 

  HB2903 - 56 - LRB104 03448 HLH 13471 b


HB2903- 57 -LRB104 03448 HLH 13471 b   HB2903 - 57 - LRB104 03448 HLH 13471 b
  HB2903 - 57 - LRB104 03448 HLH 13471 b
1  Section, the Department shall pay each month into the Road
2  Fund the amount estimated to represent 16% of the net revenue
3  realized from the taxes imposed on motor fuel and gasohol.
4  Beginning July 1, 2022 and until July 1, 2023, subject to the
5  payment of amounts into the State and Local Sales Tax Reform
6  Fund, the Build Illinois Fund, the McCormick Place Expansion
7  Project Fund, the Illinois Tax Increment Fund, and the Tax
8  Compliance and Administration Fund as provided in this
9  Section, the Department shall pay each month into the Road
10  Fund the amount estimated to represent 32% of the net revenue
11  realized from the taxes imposed on motor fuel and gasohol.
12  Beginning July 1, 2023 and until July 1, 2024, subject to the
13  payment of amounts into the State and Local Sales Tax Reform
14  Fund, the Build Illinois Fund, the McCormick Place Expansion
15  Project Fund, the Illinois Tax Increment Fund, and the Tax
16  Compliance and Administration Fund as provided in this
17  Section, the Department shall pay each month into the Road
18  Fund the amount estimated to represent 48% of the net revenue
19  realized from the taxes imposed on motor fuel and gasohol.
20  Beginning July 1, 2024 and until July 1, 2025, subject to the
21  payment of amounts into the State and Local Sales Tax Reform
22  Fund, the Build Illinois Fund, the McCormick Place Expansion
23  Project Fund, the Illinois Tax Increment Fund, and the Tax
24  Compliance and Administration Fund as provided in this
25  Section, the Department shall pay each month into the Road
26  Fund the amount estimated to represent 64% of the net revenue

 

 

  HB2903 - 57 - LRB104 03448 HLH 13471 b


HB2903- 58 -LRB104 03448 HLH 13471 b   HB2903 - 58 - LRB104 03448 HLH 13471 b
  HB2903 - 58 - LRB104 03448 HLH 13471 b
1  realized from the taxes imposed on motor fuel and gasohol.
2  Beginning on July 1, 2025, subject to the payment of amounts
3  into the State and Local Sales Tax Reform Fund, the Build
4  Illinois Fund, the McCormick Place Expansion Project Fund, the
5  Illinois Tax Increment Fund, and the Tax Compliance and
6  Administration Fund as provided in this Section, the
7  Department shall pay each month into the Road Fund the amount
8  estimated to represent 80% of the net revenue realized from
9  the taxes imposed on motor fuel and gasohol. As used in this
10  paragraph "motor fuel" has the meaning given to that term in
11  Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the
12  meaning given to that term in Section 3-40 of the Use Tax Act.
13  Until July 1, 2025, of Of the remainder of the moneys
14  received by the Department pursuant to this Act, 75% thereof
15  shall be paid into the General Revenue Fund of the State
16  treasury Treasury and 25% shall be reserved in a special
17  account and used only for the transfer to the Common School
18  Fund as part of the monthly transfer from the General Revenue
19  Fund in accordance with Section 8a of the State Finance Act.
20  Beginning July 1, 2025, of the remainder of the moneys
21  received by the Department pursuant to this Act, 75% shall be
22  deposited into the General Revenue Fund and 25% shall be
23  deposited into the Common School Fund.
24  As soon as possible after the first day of each month, upon
25  certification of the Department of Revenue, the Comptroller
26  shall order transferred and the Treasurer shall transfer from

 

 

  HB2903 - 58 - LRB104 03448 HLH 13471 b


HB2903- 59 -LRB104 03448 HLH 13471 b   HB2903 - 59 - LRB104 03448 HLH 13471 b
  HB2903 - 59 - LRB104 03448 HLH 13471 b
1  the General Revenue Fund to the Motor Fuel Tax Fund an amount
2  equal to 1.7% of 80% of the net revenue realized under this Act
3  for the second preceding month. Beginning April 1, 2000, this
4  transfer is no longer required and shall not be made.
5  Net revenue realized for a month shall be the revenue
6  collected by the State pursuant to this Act, less the amount
7  paid out during that month as refunds to taxpayers for
8  overpayment of liability.
9  (Source: P.A. 102-700, eff. 4-19-22; 103-363, eff. 7-28-23;
10  103-592, Article 75, Section 75-10, eff. 1-1-25; 103-592,
11  Article 110, Section 110-10, eff. 6-7-24; revised 11-26-24.)
12  Section 15. The Service Occupation Tax Act is amended by
13  changing Section 9 as follows:
14  (35 ILCS 115/9) (from Ch. 120, par. 439.109)
15  Sec. 9. Each serviceman required or authorized to collect
16  the tax herein imposed shall pay to the Department the amount
17  of such tax at the time when he is required to file his return
18  for the period during which such tax was collectible, less a
19  discount of 2.1% prior to January 1, 1990, and 1.75% on and
20  after January 1, 1990, or $5 per calendar year, whichever is
21  greater, which is allowed to reimburse the serviceman for
22  expenses incurred in collecting the tax, keeping records,
23  preparing and filing returns, remitting the tax, and supplying
24  data to the Department on request. Beginning with returns due

 

 

  HB2903 - 59 - LRB104 03448 HLH 13471 b


HB2903- 60 -LRB104 03448 HLH 13471 b   HB2903 - 60 - LRB104 03448 HLH 13471 b
  HB2903 - 60 - LRB104 03448 HLH 13471 b
1  on or after January 1, 2025, the vendor's discount allowed in
2  this Section, the Retailers' Occupation Tax Act, the Use Tax
3  Act, and the Service Use Tax Act, including any local tax
4  administered by the Department and reported on the same
5  return, shall not exceed $1,000 per month in the aggregate.
6  When determining the discount allowed under this Section,
7  servicemen shall include the amount of tax that would have
8  been due at the 1% rate but for the 0% rate imposed under
9  Public Act 102-700. The discount under this Section is not
10  allowed for the 1.25% portion of taxes paid on aviation fuel
11  that is subject to the revenue use requirements of 49 U.S.C.
12  47107(b) and 49 U.S.C. 47133. The discount allowed under this
13  Section is allowed only for returns that are filed in the
14  manner required by this Act. The Department may disallow the
15  discount for servicemen whose certificate of registration is
16  revoked at the time the return is filed, but only if the
17  Department's decision to revoke the certificate of
18  registration has become final.
19  Where such tangible personal property is sold under a
20  conditional sales contract, or under any other form of sale
21  wherein the payment of the principal sum, or a part thereof, is
22  extended beyond the close of the period for which the return is
23  filed, the serviceman, in collecting the tax may collect, for
24  each tax return period, only the tax applicable to the part of
25  the selling price actually received during such tax return
26  period.

 

 

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HB2903- 61 -LRB104 03448 HLH 13471 b   HB2903 - 61 - LRB104 03448 HLH 13471 b
  HB2903 - 61 - LRB104 03448 HLH 13471 b
1  Except as provided hereinafter in this Section, on or
2  before the twentieth day of each calendar month, such
3  serviceman shall file a return for the preceding calendar
4  month in accordance with reasonable rules and regulations to
5  be promulgated by the Department of Revenue. Such return shall
6  be filed on a form prescribed by the Department and shall
7  contain such information as the Department may reasonably
8  require. The return shall include the gross receipts which
9  were received during the preceding calendar month or quarter
10  on the following items upon which tax would have been due but
11  for the 0% rate imposed under Public Act 102-700: (i) food for
12  human consumption that is to be consumed off the premises
13  where it is sold (other than alcoholic beverages, food
14  consisting of or infused with adult use cannabis, soft drinks,
15  and food that has been prepared for immediate consumption);
16  and (ii) food prepared for immediate consumption and
17  transferred incident to a sale of service subject to this Act
18  or the Service Use Tax Act by an entity licensed under the
19  Hospital Licensing Act, the Nursing Home Care Act, the
20  Assisted Living and Shared Housing Act, the ID/DD Community
21  Care Act, the MC/DD Act, the Specialized Mental Health
22  Rehabilitation Act of 2013, or the Child Care Act of 1969, or
23  an entity that holds a permit issued pursuant to the Life Care
24  Facilities Act. The return shall also include the amount of
25  tax that would have been due on the items listed in the
26  previous sentence but for the 0% rate imposed under Public Act

 

 

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HB2903- 62 -LRB104 03448 HLH 13471 b   HB2903 - 62 - LRB104 03448 HLH 13471 b
  HB2903 - 62 - LRB104 03448 HLH 13471 b
1  102-700.
2  On and after January 1, 2018, with respect to servicemen
3  whose annual gross receipts average $20,000 or more, all
4  returns required to be filed pursuant to this Act shall be
5  filed electronically. Servicemen who demonstrate that they do
6  not have access to the Internet or demonstrate hardship in
7  filing electronically may petition the Department to waive the
8  electronic filing requirement.
9  The Department may require returns to be filed on a
10  quarterly basis. If so required, a return for each calendar
11  quarter shall be filed on or before the twentieth day of the
12  calendar month following the end of such calendar quarter. The
13  taxpayer shall also file a return with the Department for each
14  of the first two months of each calendar quarter, on or before
15  the twentieth day of the following calendar month, stating:
16  1. The name of the seller;
17  2. The address of the principal place of business from
18  which he engages in business as a serviceman in this
19  State;
20  3. The total amount of taxable receipts received by
21  him during the preceding calendar month, including
22  receipts from charge and time sales, but less all
23  deductions allowed by law;
24  4. The amount of credit provided in Section 2d of this
25  Act;
26  5. The amount of tax due;

 

 

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HB2903- 63 -LRB104 03448 HLH 13471 b   HB2903 - 63 - LRB104 03448 HLH 13471 b
  HB2903 - 63 - LRB104 03448 HLH 13471 b
1  5-5. The signature of the taxpayer; and
2  6. Such other reasonable information as the Department
3  may require.
4  Each serviceman required or authorized to collect the tax
5  herein imposed on aviation fuel acquired as an incident to the
6  purchase of a service in this State during the preceding
7  calendar month shall, instead of reporting and paying tax as
8  otherwise required by this Section, report and pay such tax on
9  a separate aviation fuel tax return. The requirements related
10  to the return shall be as otherwise provided in this Section.
11  Notwithstanding any other provisions of this Act to the
12  contrary, servicemen transferring aviation fuel incident to
13  sales of service shall file all aviation fuel tax returns and
14  shall make all aviation fuel tax payments by electronic means
15  in the manner and form required by the Department. For
16  purposes of this Section, "aviation fuel" means jet fuel and
17  aviation gasoline.
18  If a taxpayer fails to sign a return within 30 days after
19  the proper notice and demand for signature by the Department,
20  the return shall be considered valid and any amount shown to be
21  due on the return shall be deemed assessed.
22  Notwithstanding any other provision of this Act to the
23  contrary, servicemen subject to tax on cannabis shall file all
24  cannabis tax returns and shall make all cannabis tax payments
25  by electronic means in the manner and form required by the
26  Department.

 

 

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  HB2903 - 64 - LRB104 03448 HLH 13471 b
1  Prior to October 1, 2003, and on and after September 1,
2  2004 a serviceman may accept a Manufacturer's Purchase Credit
3  certification from a purchaser in satisfaction of Service Use
4  Tax as provided in Section 3-70 of the Service Use Tax Act if
5  the purchaser provides the appropriate documentation as
6  required by Section 3-70 of the Service Use Tax Act. A
7  Manufacturer's Purchase Credit certification, accepted prior
8  to October 1, 2003 or on or after September 1, 2004 by a
9  serviceman as provided in Section 3-70 of the Service Use Tax
10  Act, may be used by that serviceman to satisfy Service
11  Occupation Tax liability in the amount claimed in the
12  certification, not to exceed 6.25% of the receipts subject to
13  tax from a qualifying purchase. A Manufacturer's Purchase
14  Credit reported on any original or amended return filed under
15  this Act after October 20, 2003 for reporting periods prior to
16  September 1, 2004 shall be disallowed. Manufacturer's Purchase
17  Credit reported on annual returns due on or after January 1,
18  2005 will be disallowed for periods prior to September 1,
19  2004. No Manufacturer's Purchase Credit may be used after
20  September 30, 2003 through August 31, 2004 to satisfy any tax
21  liability imposed under this Act, including any audit
22  liability.
23  Beginning on July 1, 2023 and through December 31, 2032, a
24  serviceman may accept a Sustainable Aviation Fuel Purchase
25  Credit certification from an air common carrier-purchaser in
26  satisfaction of Service Use Tax as provided in Section 3-72 of

 

 

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  HB2903 - 65 - LRB104 03448 HLH 13471 b
1  the Service Use Tax Act if the purchaser provides the
2  appropriate documentation as required by Section 3-72 of the
3  Service Use Tax Act. A Sustainable Aviation Fuel Purchase
4  Credit certification accepted by a serviceman in accordance
5  with this paragraph may be used by that serviceman to satisfy
6  service occupation tax liability (but not in satisfaction of
7  penalty or interest) in the amount claimed in the
8  certification, not to exceed 6.25% of the receipts subject to
9  tax from a sale of aviation fuel. In addition, for a sale of
10  aviation fuel to qualify to earn the Sustainable Aviation Fuel
11  Purchase Credit, servicemen must retain in their books and
12  records a certification from the producer of the aviation fuel
13  that the aviation fuel sold by the serviceman and for which a
14  sustainable aviation fuel purchase credit was earned meets the
15  definition of sustainable aviation fuel under Section 3-72 of
16  the Service Use Tax Act. The documentation must include detail
17  sufficient for the Department to determine the number of
18  gallons of sustainable aviation fuel sold.
19  If the serviceman's average monthly tax liability to the
20  Department does not exceed $200, the Department may authorize
21  his returns to be filed on a quarter annual basis, with the
22  return for January, February, and March of a given year being
23  due by April 20 of such year; with the return for April, May,
24  and June of a given year being due by July 20 of such year;
25  with the return for July, August, and September of a given year
26  being due by October 20 of such year, and with the return for

 

 

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  HB2903 - 66 - LRB104 03448 HLH 13471 b
1  October, November, and December of a given year being due by
2  January 20 of the following year.
3  If the serviceman's average monthly tax liability to the
4  Department does not exceed $50, the Department may authorize
5  his returns to be filed on an annual basis, with the return for
6  a given year being due by January 20 of the following year.
7  Such quarter annual and annual returns, as to form and
8  substance, shall be subject to the same requirements as
9  monthly returns.
10  Notwithstanding any other provision in this Act concerning
11  the time within which a serviceman may file his return, in the
12  case of any serviceman who ceases to engage in a kind of
13  business which makes him responsible for filing returns under
14  this Act, such serviceman shall file a final return under this
15  Act with the Department not more than one month after
16  discontinuing such business.
17  Beginning October 1, 1993, a taxpayer who has an average
18  monthly tax liability of $150,000 or more shall make all
19  payments required by rules of the Department by electronic
20  funds transfer. Beginning October 1, 1994, a taxpayer who has
21  an average monthly tax liability of $100,000 or more shall
22  make all payments required by rules of the Department by
23  electronic funds transfer. Beginning October 1, 1995, a
24  taxpayer who has an average monthly tax liability of $50,000
25  or more shall make all payments required by rules of the
26  Department by electronic funds transfer. Beginning October 1,

 

 

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HB2903- 67 -LRB104 03448 HLH 13471 b   HB2903 - 67 - LRB104 03448 HLH 13471 b
  HB2903 - 67 - LRB104 03448 HLH 13471 b
1  2000, a taxpayer who has an annual tax liability of $200,000 or
2  more shall make all payments required by rules of the
3  Department by electronic funds transfer. The term "annual tax
4  liability" shall be the sum of the taxpayer's liabilities
5  under this Act, and under all other State and local occupation
6  and use tax laws administered by the Department, for the
7  immediately preceding calendar year. The term "average monthly
8  tax liability" means the sum of the taxpayer's liabilities
9  under this Act, and under all other State and local occupation
10  and use tax laws administered by the Department, for the
11  immediately preceding calendar year divided by 12. Beginning
12  on October 1, 2002, a taxpayer who has a tax liability in the
13  amount set forth in subsection (b) of Section 2505-210 of the
14  Department of Revenue Law shall make all payments required by
15  rules of the Department by electronic funds transfer.
16  Before August 1 of each year beginning in 1993, the
17  Department shall notify all taxpayers required to make
18  payments by electronic funds transfer. All taxpayers required
19  to make payments by electronic funds transfer shall make those
20  payments for a minimum of one year beginning on October 1.
21  Any taxpayer not required to make payments by electronic
22  funds transfer may make payments by electronic funds transfer
23  with the permission of the Department.
24  All taxpayers required to make payment by electronic funds
25  transfer and any taxpayers authorized to voluntarily make
26  payments by electronic funds transfer shall make those

 

 

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  HB2903 - 68 - LRB104 03448 HLH 13471 b
1  payments in the manner authorized by the Department.
2  The Department shall adopt such rules as are necessary to
3  effectuate a program of electronic funds transfer and the
4  requirements of this Section.
5  Where a serviceman collects the tax with respect to the
6  selling price of tangible personal property which he sells and
7  the purchaser thereafter returns such tangible personal
8  property and the serviceman refunds the selling price thereof
9  to the purchaser, such serviceman shall also refund, to the
10  purchaser, the tax so collected from the purchaser. When
11  filing his return for the period in which he refunds such tax
12  to the purchaser, the serviceman may deduct the amount of the
13  tax so refunded by him to the purchaser from any other Service
14  Occupation Tax, Service Use Tax, Retailers' Occupation Tax, or
15  Use Tax which such serviceman may be required to pay or remit
16  to the Department, as shown by such return, provided that the
17  amount of the tax to be deducted shall previously have been
18  remitted to the Department by such serviceman. If the
19  serviceman shall not previously have remitted the amount of
20  such tax to the Department, he shall be entitled to no
21  deduction hereunder upon refunding such tax to the purchaser.
22  If experience indicates such action to be practicable, the
23  Department may prescribe and furnish a combination or joint
24  return which will enable servicemen, who are required to file
25  returns hereunder and also under the Retailers' Occupation Tax
26  Act, the Use Tax Act, or the Service Use Tax Act, to furnish

 

 

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HB2903- 69 -LRB104 03448 HLH 13471 b   HB2903 - 69 - LRB104 03448 HLH 13471 b
  HB2903 - 69 - LRB104 03448 HLH 13471 b
1  all the return information required by all said Acts on the one
2  form.
3  Where the serviceman has more than one business registered
4  with the Department under separate registrations hereunder,
5  such serviceman shall file separate returns for each
6  registered business.
7  Beginning January 1, 1990, each month the Department shall
8  pay into the Local Government Tax Fund the revenue realized
9  for the preceding month from the 1% tax imposed under this Act.
10  Beginning January 1, 1990, each month the Department shall
11  pay into the County and Mass Transit District Fund 4% of the
12  revenue realized for the preceding month from the 6.25%
13  general rate on sales of tangible personal property other than
14  aviation fuel sold on or after December 1, 2019. This
15  exception for aviation fuel only applies for so long as the
16  revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
17  47133 are binding on the State.
18  Beginning August 1, 2000, each month the Department shall
19  pay into the County and Mass Transit District Fund 20% of the
20  net revenue realized for the preceding month from the 1.25%
21  rate on the selling price of motor fuel and gasohol.
22  Beginning January 1, 1990, each month the Department shall
23  pay into the Local Government Tax Fund 16% of the revenue
24  realized for the preceding month from the 6.25% general rate
25  on transfers of tangible personal property other than aviation
26  fuel sold on or after December 1, 2019. This exception for

 

 

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HB2903- 70 -LRB104 03448 HLH 13471 b   HB2903 - 70 - LRB104 03448 HLH 13471 b
  HB2903 - 70 - LRB104 03448 HLH 13471 b
1  aviation fuel only applies for so long as the revenue use
2  requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
3  binding on the State.
4  For aviation fuel sold on or after December 1, 2019, each
5  month the Department shall pay into the State Aviation Program
6  Fund 20% of the net revenue realized for the preceding month
7  from the 6.25% general rate on the selling price of aviation
8  fuel, less an amount estimated by the Department to be
9  required for refunds of the 20% portion of the tax on aviation
10  fuel under this Act, which amount shall be deposited into the
11  Aviation Fuel Sales Tax Refund Fund. The Department shall only
12  pay moneys into the State Aviation Program Fund and the
13  Aviation Fuel Sales Tax Refund Fund under this Act for so long
14  as the revenue use requirements of 49 U.S.C. 47107(b) and 49
15  U.S.C. 47133 are binding on the State.
16  Beginning August 1, 2000, each month the Department shall
17  pay into the Local Government Tax Fund 80% of the net revenue
18  realized for the preceding month from the 1.25% rate on the
19  selling price of motor fuel and gasohol.
20  Beginning October 1, 2009, each month the Department shall
21  pay into the Capital Projects Fund an amount that is equal to
22  an amount estimated by the Department to represent 80% of the
23  net revenue realized for the preceding month from the sale of
24  candy, grooming and hygiene products, and soft drinks that had
25  been taxed at a rate of 1% prior to September 1, 2009 but that
26  are now taxed at 6.25%.

 

 

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HB2903- 71 -LRB104 03448 HLH 13471 b   HB2903 - 71 - LRB104 03448 HLH 13471 b
  HB2903 - 71 - LRB104 03448 HLH 13471 b
1  Beginning July 1, 2013, each month the Department shall
2  pay into the Underground Storage Tank Fund from the proceeds
3  collected under this Act, the Use Tax Act, the Service Use Tax
4  Act, and the Retailers' Occupation Tax Act an amount equal to
5  the average monthly deficit in the Underground Storage Tank
6  Fund during the prior year, as certified annually by the
7  Illinois Environmental Protection Agency, but the total
8  payment into the Underground Storage Tank Fund under this Act,
9  the Use Tax Act, the Service Use Tax Act, and the Retailers'
10  Occupation Tax Act shall not exceed $18,000,000 in any State
11  fiscal year. As used in this paragraph, the "average monthly
12  deficit" shall be equal to the difference between the average
13  monthly claims for payment by the fund and the average monthly
14  revenues deposited into the fund, excluding payments made
15  pursuant to this paragraph.
16  Beginning July 1, 2015, of the remainder of the moneys
17  received by the Department under the Use Tax Act, the Service
18  Use Tax Act, this Act, and the Retailers' Occupation Tax Act,
19  each month the Department shall deposit $500,000 into the
20  State Crime Laboratory Fund.
21  Of the remainder of the moneys received by the Department
22  pursuant to this Act, (a) 1.75% thereof shall be paid into the
23  Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
24  and after July 1, 1989, 3.8% thereof shall be paid into the
25  Build Illinois Fund; provided, however, that if in any fiscal
26  year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

 

 

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1  may be, of the moneys received by the Department and required
2  to be paid into the Build Illinois Fund pursuant to Section 3
3  of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
4  Act, Section 9 of the Service Use Tax Act, and Section 9 of the
5  Service Occupation Tax Act, such Acts being hereinafter called
6  the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
7  may be, of moneys being hereinafter called the "Tax Act
8  Amount", and (2) the amount transferred to the Build Illinois
9  Fund from the State and Local Sales Tax Reform Fund shall be
10  less than the Annual Specified Amount (as defined in Section 3
11  of the Retailers' Occupation Tax Act), an amount equal to the
12  difference shall be immediately paid into the Build Illinois
13  Fund from other moneys received by the Department pursuant to
14  the Tax Acts; and further provided, that if on the last
15  business day of any month the sum of (1) the Tax Act Amount
16  required to be deposited into the Build Illinois Account in
17  the Build Illinois Fund during such month and (2) the amount
18  transferred during such month to the Build Illinois Fund from
19  the State and Local Sales Tax Reform Fund shall have been less
20  than 1/12 of the Annual Specified Amount, an amount equal to
21  the difference shall be immediately paid into the Build
22  Illinois Fund from other moneys received by the Department
23  pursuant to the Tax Acts; and, further provided, that in no
24  event shall the payments required under the preceding proviso
25  result in aggregate payments into the Build Illinois Fund
26  pursuant to this clause (b) for any fiscal year in excess of

 

 

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  HB2903 - 73 - LRB104 03448 HLH 13471 b
1  the greater of (i) the Tax Act Amount or (ii) the Annual
2  Specified Amount for such fiscal year; and, further provided,
3  that the amounts payable into the Build Illinois Fund under
4  this clause (b) shall be payable only until such time as the
5  aggregate amount on deposit under each trust indenture
6  securing Bonds issued and outstanding pursuant to the Build
7  Illinois Bond Act is sufficient, taking into account any
8  future investment income, to fully provide, in accordance with
9  such indenture, for the defeasance of or the payment of the
10  principal of, premium, if any, and interest on the Bonds
11  secured by such indenture and on any Bonds expected to be
12  issued thereafter and all fees and costs payable with respect
13  thereto, all as certified by the Director of the Bureau of the
14  Budget (now Governor's Office of Management and Budget). If on
15  the last business day of any month in which Bonds are
16  outstanding pursuant to the Build Illinois Bond Act, the
17  aggregate of the moneys deposited in the Build Illinois Bond
18  Account in the Build Illinois Fund in such month shall be less
19  than the amount required to be transferred in such month from
20  the Build Illinois Bond Account to the Build Illinois Bond
21  Retirement and Interest Fund pursuant to Section 13 of the
22  Build Illinois Bond Act, an amount equal to such deficiency
23  shall be immediately paid from other moneys received by the
24  Department pursuant to the Tax Acts to the Build Illinois
25  Fund; provided, however, that any amounts paid to the Build
26  Illinois Fund in any fiscal year pursuant to this sentence

 

 

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  HB2903 - 74 - LRB104 03448 HLH 13471 b
1  shall be deemed to constitute payments pursuant to clause (b)
2  of the preceding sentence and shall reduce the amount
3  otherwise payable for such fiscal year pursuant to clause (b)
4  of the preceding sentence. The moneys received by the
5  Department pursuant to this Act and required to be deposited
6  into the Build Illinois Fund are subject to the pledge, claim
7  and charge set forth in Section 12 of the Build Illinois Bond
8  Act.
9  Subject to payment of amounts into the Build Illinois Fund
10  as provided in the preceding paragraph or in any amendment
11  thereto hereafter enacted, the following specified monthly
12  installment of the amount requested in the certificate of the
13  Chairman of the Metropolitan Pier and Exposition Authority
14  provided under Section 8.25f of the State Finance Act, but not
15  in excess of the sums designated as "Total Deposit", shall be
16  deposited in the aggregate from collections under Section 9 of
17  the Use Tax Act, Section 9 of the Service Use Tax Act, Section
18  9 of the Service Occupation Tax Act, and Section 3 of the
19  Retailers' Occupation Tax Act into the McCormick Place
20  Expansion Project Fund in the specified fiscal years.
21Fiscal YearTotal Deposit221993         $0231994 53,000,000241995 58,000,000251996 61,000,000 21  Fiscal Year  Total Deposit 22  1993  $0 23  1994  53,000,000 24  1995  58,000,000 25  1996  61,000,000
21  Fiscal Year  Total Deposit
22  1993  $0
23  1994  53,000,000
24  1995  58,000,000
25  1996  61,000,000

 

 

  HB2903 - 74 - LRB104 03448 HLH 13471 b


21  Fiscal Year  Total Deposit
22  1993  $0
23  1994  53,000,000
24  1995  58,000,000
25  1996  61,000,000


HB2903- 75 -LRB104 03448 HLH 13471 b   HB2903 - 75 - LRB104 03448 HLH 13471 b
  HB2903 - 75 - LRB104 03448 HLH 13471 b
11997 64,000,00021998 68,000,00031999 71,000,00042000 75,000,00052001 80,000,00062002 93,000,00072003 99,000,00082004103,000,00092005108,000,000102006113,000,000112007119,000,000122008126,000,000132009132,000,000142010139,000,000152011146,000,000162012153,000,000172013161,000,000182014170,000,000192015179,000,000202016189,000,000212017199,000,000222018210,000,000232019221,000,000242020233,000,000252021300,000,000 262022300,000,000 1  1997  64,000,000 2  1998  68,000,000 3  1999  71,000,000 4  2000  75,000,000 5  2001  80,000,000 6  2002  93,000,000 7  2003  99,000,000 8  2004  103,000,000 9  2005  108,000,000 10  2006  113,000,000 11  2007  119,000,000 12  2008  126,000,000 13  2009  132,000,000 14  2010  139,000,000 15  2011  146,000,000 16  2012  153,000,000 17  2013  161,000,000 18  2014  170,000,000 19  2015  179,000,000 20  2016  189,000,000 21  2017  199,000,000 22  2018  210,000,000 23  2019  221,000,000 24  2020  233,000,000 25  2021  300,000,000 26  2022  300,000,000
1  1997  64,000,000
2  1998  68,000,000
3  1999  71,000,000
4  2000  75,000,000
5  2001  80,000,000
6  2002  93,000,000
7  2003  99,000,000
8  2004  103,000,000
9  2005  108,000,000
10  2006  113,000,000
11  2007  119,000,000
12  2008  126,000,000
13  2009  132,000,000
14  2010  139,000,000
15  2011  146,000,000
16  2012  153,000,000
17  2013  161,000,000
18  2014  170,000,000
19  2015  179,000,000
20  2016  189,000,000
21  2017  199,000,000
22  2018  210,000,000
23  2019  221,000,000
24  2020  233,000,000
25  2021  300,000,000
26  2022  300,000,000

 

 

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1  1997  64,000,000
2  1998  68,000,000
3  1999  71,000,000
4  2000  75,000,000
5  2001  80,000,000
6  2002  93,000,000
7  2003  99,000,000
8  2004  103,000,000
9  2005  108,000,000
10  2006  113,000,000
11  2007  119,000,000
12  2008  126,000,000
13  2009  132,000,000
14  2010  139,000,000
15  2011  146,000,000
16  2012  153,000,000
17  2013  161,000,000
18  2014  170,000,000
19  2015  179,000,000
20  2016  189,000,000
21  2017  199,000,000
22  2018  210,000,000
23  2019  221,000,000
24  2020  233,000,000
25  2021  300,000,000
26  2022  300,000,000


HB2903- 76 -LRB104 03448 HLH 13471 b   HB2903 - 76 - LRB104 03448 HLH 13471 b
  HB2903 - 76 - LRB104 03448 HLH 13471 b
12023300,000,00022024 300,000,00032025 300,000,00042026 300,000,00052027 375,000,00062028 375,000,00072029 375,000,00082030 375,000,00092031 375,000,000102032 375,000,000112033 375,000,000122034375,000,000132035375,000,000142036450,000,00015and  16each fiscal year 17thereafter that bonds 18are outstanding under 19Section 13.2 of the 20Metropolitan Pier and 21Exposition Authority Act, 22but not after fiscal year 2060. 1  2023  300,000,000 2  2024  300,000,000 3  2025  300,000,000 4  2026  300,000,000 5  2027  375,000,000 6  2028  375,000,000 7  2029  375,000,000 8  2030  375,000,000 9  2031  375,000,000 10  2032  375,000,000 11  2033  375,000,000 12  2034  375,000,000 13  2035  375,000,000 14  2036  450,000,000 15  and   16  each fiscal year   17  thereafter that bonds   18  are outstanding under   19  Section 13.2 of the   20  Metropolitan Pier and   21  Exposition Authority Act,   22  but not after fiscal year 2060.
1  2023  300,000,000
2  2024  300,000,000
3  2025  300,000,000
4  2026  300,000,000
5  2027  375,000,000
6  2028  375,000,000
7  2029  375,000,000
8  2030  375,000,000
9  2031  375,000,000
10  2032  375,000,000
11  2033  375,000,000
12  2034  375,000,000
13  2035  375,000,000
14  2036  450,000,000
15  and
16  each fiscal year
17  thereafter that bonds
18  are outstanding under
19  Section 13.2 of the
20  Metropolitan Pier and
21  Exposition Authority Act,
22  but not after fiscal year 2060.
23  Beginning July 20, 1993 and in each month of each fiscal
24  year thereafter, one-eighth of the amount requested in the
25  certificate of the Chairman of the Metropolitan Pier and
26  Exposition Authority for that fiscal year, less the amount

 

 

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1  2023  300,000,000
2  2024  300,000,000
3  2025  300,000,000
4  2026  300,000,000
5  2027  375,000,000
6  2028  375,000,000
7  2029  375,000,000
8  2030  375,000,000
9  2031  375,000,000
10  2032  375,000,000
11  2033  375,000,000
12  2034  375,000,000
13  2035  375,000,000
14  2036  450,000,000
15  and
16  each fiscal year
17  thereafter that bonds
18  are outstanding under
19  Section 13.2 of the
20  Metropolitan Pier and
21  Exposition Authority Act,
22  but not after fiscal year 2060.


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1  deposited into the McCormick Place Expansion Project Fund by
2  the State Treasurer in the respective month under subsection
3  (g) of Section 13 of the Metropolitan Pier and Exposition
4  Authority Act, plus cumulative deficiencies in the deposits
5  required under this Section for previous months and years,
6  shall be deposited into the McCormick Place Expansion Project
7  Fund, until the full amount requested for the fiscal year, but
8  not in excess of the amount specified above as "Total
9  Deposit", has been deposited.
10  Subject to payment of amounts into the Capital Projects
11  Fund, the Build Illinois Fund, and the McCormick Place
12  Expansion Project Fund pursuant to the preceding paragraphs or
13  in any amendments thereto hereafter enacted, for aviation fuel
14  sold on or after December 1, 2019, the Department shall each
15  month deposit into the Aviation Fuel Sales Tax Refund Fund an
16  amount estimated by the Department to be required for refunds
17  of the 80% portion of the tax on aviation fuel under this Act.
18  The Department shall only deposit moneys into the Aviation
19  Fuel Sales Tax Refund Fund under this paragraph for so long as
20  the revenue use requirements of 49 U.S.C. 47107(b) and 49
21  U.S.C. 47133 are binding on the State.
22  Subject to payment of amounts into the Build Illinois Fund
23  and the McCormick Place Expansion Project Fund pursuant to the
24  preceding paragraphs or in any amendments thereto hereafter
25  enacted, beginning July 1, 1993 and ending on September 30,
26  2013, the Department shall each month pay into the Illinois

 

 

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  HB2903 - 78 - LRB104 03448 HLH 13471 b
1  Tax Increment Fund 0.27% of 80% of the net revenue realized for
2  the preceding month from the 6.25% general rate on the selling
3  price of tangible personal property.
4  Subject to payment of amounts into the Build Illinois
5  Fund, the McCormick Place Expansion Project Fund, and the
6  Illinois Tax Increment Fund pursuant to the preceding
7  paragraphs or in any amendments to this Section hereafter
8  enacted, beginning on the first day of the first calendar
9  month to occur on or after August 26, 2014 (the effective date
10  of Public Act 98-1098), each month, from the collections made
11  under Section 9 of the Use Tax Act, Section 9 of the Service
12  Use Tax Act, Section 9 of the Service Occupation Tax Act, and
13  Section 3 of the Retailers' Occupation Tax Act, the Department
14  shall pay into the Tax Compliance and Administration Fund, to
15  be used, subject to appropriation, to fund additional auditors
16  and compliance personnel at the Department of Revenue, an
17  amount equal to 1/12 of 5% of 80% of the cash receipts
18  collected during the preceding fiscal year by the Audit Bureau
19  of the Department under the Use Tax Act, the Service Use Tax
20  Act, the Service Occupation Tax Act, the Retailers' Occupation
21  Tax Act, and associated local occupation and use taxes
22  administered by the Department.
23  Subject to payments of amounts into the Build Illinois
24  Fund, the McCormick Place Expansion Project Fund, the Illinois
25  Tax Increment Fund, and the Tax Compliance and Administration
26  Fund as provided in this Section, beginning on July 1, 2018 the

 

 

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HB2903- 79 -LRB104 03448 HLH 13471 b   HB2903 - 79 - LRB104 03448 HLH 13471 b
  HB2903 - 79 - LRB104 03448 HLH 13471 b
1  Department shall pay each month into the Downstate Public
2  Transportation Fund the moneys required to be so paid under
3  Section 2-3 of the Downstate Public Transportation Act.
4  Subject to successful execution and delivery of a
5  public-private agreement between the public agency and private
6  entity and completion of the civic build, beginning on July 1,
7  2023, of the remainder of the moneys received by the
8  Department under the Use Tax Act, the Service Use Tax Act, the
9  Service Occupation Tax Act, and this Act, the Department shall
10  deposit the following specified deposits in the aggregate from
11  collections under the Use Tax Act, the Service Use Tax Act, the
12  Service Occupation Tax Act, and the Retailers' Occupation Tax
13  Act, as required under Section 8.25g of the State Finance Act
14  for distribution consistent with the Public-Private
15  Partnership for Civic and Transit Infrastructure Project Act.
16  The moneys received by the Department pursuant to this Act and
17  required to be deposited into the Civic and Transit
18  Infrastructure Fund are subject to the pledge, claim and
19  charge set forth in Section 25-55 of the Public-Private
20  Partnership for Civic and Transit Infrastructure Project Act.
21  As used in this paragraph, "civic build", "private entity",
22  "public-private agreement", and "public agency" have the
23  meanings provided in Section 25-10 of the Public-Private
24  Partnership for Civic and Transit Infrastructure Project Act.
25  Fiscal Year............................Total Deposit
26  2024....................................$200,000,000

 

 

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  HB2903 - 80 - LRB104 03448 HLH 13471 b
1  2025....................................$206,000,000
2  2026....................................$212,200,000
3  2027....................................$218,500,000
4  2028....................................$225,100,000
5  2029....................................$288,700,000
6  2030....................................$298,900,000
7  2031....................................$309,300,000
8  2032....................................$320,100,000
9  2033....................................$331,200,000
10  2034....................................$341,200,000
11  2035....................................$351,400,000
12  2036....................................$361,900,000
13  2037....................................$372,800,000
14  2038....................................$384,000,000
15  2039....................................$395,500,000
16  2040....................................$407,400,000
17  2041....................................$419,600,000
18  2042....................................$432,200,000
19  2043....................................$445,100,000
20  Beginning July 1, 2021 and until July 1, 2022, subject to
21  the payment of amounts into the County and Mass Transit
22  District Fund, the Local Government Tax Fund, the Build
23  Illinois Fund, the McCormick Place Expansion Project Fund, the
24  Illinois Tax Increment Fund, and the Tax Compliance and
25  Administration Fund as provided in this Section, the
26  Department shall pay each month into the Road Fund the amount

 

 

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HB2903- 81 -LRB104 03448 HLH 13471 b   HB2903 - 81 - LRB104 03448 HLH 13471 b
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1  estimated to represent 16% of the net revenue realized from
2  the taxes imposed on motor fuel and gasohol. Beginning July 1,
3  2022 and until July 1, 2023, subject to the payment of amounts
4  into the County and Mass Transit District Fund, the Local
5  Government Tax Fund, the Build Illinois Fund, the McCormick
6  Place Expansion Project Fund, the Illinois Tax Increment Fund,
7  and the Tax Compliance and Administration Fund as provided in
8  this Section, the Department shall pay each month into the
9  Road Fund the amount estimated to represent 32% of the net
10  revenue realized from the taxes imposed on motor fuel and
11  gasohol. Beginning July 1, 2023 and until July 1, 2024,
12  subject to the payment of amounts into the County and Mass
13  Transit District Fund, the Local Government Tax Fund, the
14  Build Illinois Fund, the McCormick Place Expansion Project
15  Fund, the Illinois Tax Increment Fund, and the Tax Compliance
16  and Administration Fund as provided in this Section, the
17  Department shall pay each month into the Road Fund the amount
18  estimated to represent 48% of the net revenue realized from
19  the taxes imposed on motor fuel and gasohol. Beginning July 1,
20  2024 and until July 1, 2025, subject to the payment of amounts
21  into the County and Mass Transit District Fund, the Local
22  Government Tax Fund, the Build Illinois Fund, the McCormick
23  Place Expansion Project Fund, the Illinois Tax Increment Fund,
24  and the Tax Compliance and Administration Fund as provided in
25  this Section, the Department shall pay each month into the
26  Road Fund the amount estimated to represent 64% of the net

 

 

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HB2903- 82 -LRB104 03448 HLH 13471 b   HB2903 - 82 - LRB104 03448 HLH 13471 b
  HB2903 - 82 - LRB104 03448 HLH 13471 b
1  revenue realized from the taxes imposed on motor fuel and
2  gasohol. Beginning on July 1, 2025, subject to the payment of
3  amounts into the County and Mass Transit District Fund, the
4  Local Government Tax Fund, the Build Illinois Fund, the
5  McCormick Place Expansion Project Fund, the Illinois Tax
6  Increment Fund, and the Tax Compliance and Administration Fund
7  as provided in this Section, the Department shall pay each
8  month into the Road Fund the amount estimated to represent 80%
9  of the net revenue realized from the taxes imposed on motor
10  fuel and gasohol. As used in this paragraph "motor fuel" has
11  the meaning given to that term in Section 1.1 of the Motor Fuel
12  Tax Law, and "gasohol" has the meaning given to that term in
13  Section 3-40 of the Use Tax Act.
14  Until July 1, 2025, of Of the remainder of the moneys
15  received by the Department pursuant to this Act, 75% shall be
16  paid into the General Revenue Fund of the State treasury and
17  25% shall be reserved in a special account and used only for
18  the transfer to the Common School Fund as part of the monthly
19  transfer from the General Revenue Fund in accordance with
20  Section 8a of the State Finance Act. Beginning July 1, 2025, of
21  the remainder of the moneys received by the Department
22  pursuant to this Act, 75% shall be deposited into the General
23  Revenue Fund and 25% shall be deposited into the Common School
24  Fund.
25  The Department may, upon separate written notice to a
26  taxpayer, require the taxpayer to prepare and file with the

 

 

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HB2903- 83 -LRB104 03448 HLH 13471 b   HB2903 - 83 - LRB104 03448 HLH 13471 b
  HB2903 - 83 - LRB104 03448 HLH 13471 b
1  Department on a form prescribed by the Department within not
2  less than 60 days after receipt of the notice an annual
3  information return for the tax year specified in the notice.
4  Such annual return to the Department shall include a statement
5  of gross receipts as shown by the taxpayer's last federal
6  income tax return. If the total receipts of the business as
7  reported in the federal income tax return do not agree with the
8  gross receipts reported to the Department of Revenue for the
9  same period, the taxpayer shall attach to his annual return a
10  schedule showing a reconciliation of the 2 amounts and the
11  reasons for the difference. The taxpayer's annual return to
12  the Department shall also disclose the cost of goods sold by
13  the taxpayer during the year covered by such return, opening
14  and closing inventories of such goods for such year, cost of
15  goods used from stock or taken from stock and given away by the
16  taxpayer during such year, pay roll information of the
17  taxpayer's business during such year and any additional
18  reasonable information which the Department deems would be
19  helpful in determining the accuracy of the monthly, quarterly
20  or annual returns filed by such taxpayer as hereinbefore
21  provided for in this Section.
22  If the annual information return required by this Section
23  is not filed when and as required, the taxpayer shall be liable
24  as follows:
25  (i) Until January 1, 1994, the taxpayer shall be
26  liable for a penalty equal to 1/6 of 1% of the tax due from

 

 

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HB2903- 84 -LRB104 03448 HLH 13471 b   HB2903 - 84 - LRB104 03448 HLH 13471 b
  HB2903 - 84 - LRB104 03448 HLH 13471 b
1  such taxpayer under this Act during the period to be
2  covered by the annual return for each month or fraction of
3  a month until such return is filed as required, the
4  penalty to be assessed and collected in the same manner as
5  any other penalty provided for in this Act.
6  (ii) On and after January 1, 1994, the taxpayer shall
7  be liable for a penalty as described in Section 3-4 of the
8  Uniform Penalty and Interest Act.
9  The chief executive officer, proprietor, owner, or highest
10  ranking manager shall sign the annual return to certify the
11  accuracy of the information contained therein. Any person who
12  willfully signs the annual return containing false or
13  inaccurate information shall be guilty of perjury and punished
14  accordingly. The annual return form prescribed by the
15  Department shall include a warning that the person signing the
16  return may be liable for perjury.
17  The foregoing portion of this Section concerning the
18  filing of an annual information return shall not apply to a
19  serviceman who is not required to file an income tax return
20  with the United States Government.
21  As soon as possible after the first day of each month, upon
22  certification of the Department of Revenue, the Comptroller
23  shall order transferred and the Treasurer shall transfer from
24  the General Revenue Fund to the Motor Fuel Tax Fund an amount
25  equal to 1.7% of 80% of the net revenue realized under this Act
26  for the second preceding month. Beginning April 1, 2000, this

 

 

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HB2903- 85 -LRB104 03448 HLH 13471 b   HB2903 - 85 - LRB104 03448 HLH 13471 b
  HB2903 - 85 - LRB104 03448 HLH 13471 b
1  transfer is no longer required and shall not be made.
2  Net revenue realized for a month shall be the revenue
3  collected by the State pursuant to this Act, less the amount
4  paid out during that month as refunds to taxpayers for
5  overpayment of liability.
6  For greater simplicity of administration, it shall be
7  permissible for manufacturers, importers and wholesalers whose
8  products are sold by numerous servicemen in Illinois, and who
9  wish to do so, to assume the responsibility for accounting and
10  paying to the Department all tax accruing under this Act with
11  respect to such sales, if the servicemen who are affected do
12  not make written objection to the Department to this
13  arrangement.
14  (Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;
15  103-363, eff. 7-28-23; 103-592, eff. 6-7-24; 103-605, eff.
16  7-1-24.)
17  Section 20. The Retailers' Occupation Tax Act is amended
18  by changing Section 3 as follows:
19  (35 ILCS 120/3)
20  Sec. 3. Except as provided in this Section, on or before
21  the twentieth day of each calendar month, every person engaged
22  in the business of selling, which, on and after January 1,
23  2025, includes leasing, tangible personal property at retail
24  in this State during the preceding calendar month shall file a

 

 

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HB2903- 86 -LRB104 03448 HLH 13471 b   HB2903 - 86 - LRB104 03448 HLH 13471 b
  HB2903 - 86 - LRB104 03448 HLH 13471 b
1  return with the Department, stating:
2  1. The name of the seller;
3  2. His residence address and the address of his
4  principal place of business and the address of the
5  principal place of business (if that is a different
6  address) from which he engages in the business of selling
7  tangible personal property at retail in this State;
8  3. Total amount of receipts received by him during the
9  preceding calendar month or quarter, as the case may be,
10  from sales of tangible personal property, and from
11  services furnished, by him during such preceding calendar
12  month or quarter;
13  4. Total amount received by him during the preceding
14  calendar month or quarter on charge and time sales of
15  tangible personal property, and from services furnished,
16  by him prior to the month or quarter for which the return
17  is filed;
18  5. Deductions allowed by law;
19  6. Gross receipts which were received by him during
20  the preceding calendar month or quarter and upon the basis
21  of which the tax is imposed, including gross receipts on
22  food for human consumption that is to be consumed off the
23  premises where it is sold (other than alcoholic beverages,
24  food consisting of or infused with adult use cannabis,
25  soft drinks, and food that has been prepared for immediate
26  consumption) which were received during the preceding

 

 

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  HB2903 - 87 - LRB104 03448 HLH 13471 b
1  calendar month or quarter and upon which tax would have
2  been due but for the 0% rate imposed under Public Act
3  102-700;
4  7. The amount of credit provided in Section 2d of this
5  Act;
6  8. The amount of tax due, including the amount of tax
7  that would have been due on food for human consumption
8  that is to be consumed off the premises where it is sold
9  (other than alcoholic beverages, food consisting of or
10  infused with adult use cannabis, soft drinks, and food
11  that has been prepared for immediate consumption) but for
12  the 0% rate imposed under Public Act 102-700;
13  9. The signature of the taxpayer; and
14  10. Such other reasonable information as the
15  Department may require.
16  In the case of leases, except as otherwise provided in
17  this Act, the lessor must remit for each tax return period only
18  the tax applicable to that part of the selling price actually
19  received during such tax return period.
20  On and after January 1, 2018, except for returns required
21  to be filed prior to January 1, 2023 for motor vehicles,
22  watercraft, aircraft, and trailers that are required to be
23  registered with an agency of this State, with respect to
24  retailers whose annual gross receipts average $20,000 or more,
25  all returns required to be filed pursuant to this Act shall be
26  filed electronically. On and after January 1, 2023, with

 

 

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HB2903- 88 -LRB104 03448 HLH 13471 b   HB2903 - 88 - LRB104 03448 HLH 13471 b
  HB2903 - 88 - LRB104 03448 HLH 13471 b
1  respect to retailers whose annual gross receipts average
2  $20,000 or more, all returns required to be filed pursuant to
3  this Act, including, but not limited to, returns for motor
4  vehicles, watercraft, aircraft, and trailers that are required
5  to be registered with an agency of this State, shall be filed
6  electronically. Retailers who demonstrate that they do not
7  have access to the Internet or demonstrate hardship in filing
8  electronically may petition the Department to waive the
9  electronic filing requirement.
10  If a taxpayer fails to sign a return within 30 days after
11  the proper notice and demand for signature by the Department,
12  the return shall be considered valid and any amount shown to be
13  due on the return shall be deemed assessed.
14  Each return shall be accompanied by the statement of
15  prepaid tax issued pursuant to Section 2e for which credit is
16  claimed.
17  Prior to October 1, 2003 and on and after September 1,
18  2004, a retailer may accept a Manufacturer's Purchase Credit
19  certification from a purchaser in satisfaction of Use Tax as
20  provided in Section 3-85 of the Use Tax Act if the purchaser
21  provides the appropriate documentation as required by Section
22  3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
23  certification, accepted by a retailer prior to October 1, 2003
24  and on and after September 1, 2004 as provided in Section 3-85
25  of the Use Tax Act, may be used by that retailer to satisfy
26  Retailers' Occupation Tax liability in the amount claimed in

 

 

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HB2903- 89 -LRB104 03448 HLH 13471 b   HB2903 - 89 - LRB104 03448 HLH 13471 b
  HB2903 - 89 - LRB104 03448 HLH 13471 b
1  the certification, not to exceed 6.25% of the receipts subject
2  to tax from a qualifying purchase. A Manufacturer's Purchase
3  Credit reported on any original or amended return filed under
4  this Act after October 20, 2003 for reporting periods prior to
5  September 1, 2004 shall be disallowed. Manufacturer's Purchase
6  Credit reported on annual returns due on or after January 1,
7  2005 will be disallowed for periods prior to September 1,
8  2004. No Manufacturer's Purchase Credit may be used after
9  September 30, 2003 through August 31, 2004 to satisfy any tax
10  liability imposed under this Act, including any audit
11  liability.
12  Beginning on July 1, 2023 and through December 31, 2032, a
13  retailer may accept a Sustainable Aviation Fuel Purchase
14  Credit certification from an air common carrier-purchaser in
15  satisfaction of Use Tax on aviation fuel as provided in
16  Section 3-87 of the Use Tax Act if the purchaser provides the
17  appropriate documentation as required by Section 3-87 of the
18  Use Tax Act. A Sustainable Aviation Fuel Purchase Credit
19  certification accepted by a retailer in accordance with this
20  paragraph may be used by that retailer to satisfy Retailers'
21  Occupation Tax liability (but not in satisfaction of penalty
22  or interest) in the amount claimed in the certification, not
23  to exceed 6.25% of the receipts subject to tax from a sale of
24  aviation fuel. In addition, for a sale of aviation fuel to
25  qualify to earn the Sustainable Aviation Fuel Purchase Credit,
26  retailers must retain in their books and records a

 

 

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HB2903- 90 -LRB104 03448 HLH 13471 b   HB2903 - 90 - LRB104 03448 HLH 13471 b
  HB2903 - 90 - LRB104 03448 HLH 13471 b
1  certification from the producer of the aviation fuel that the
2  aviation fuel sold by the retailer and for which a sustainable
3  aviation fuel purchase credit was earned meets the definition
4  of sustainable aviation fuel under Section 3-87 of the Use Tax
5  Act. The documentation must include detail sufficient for the
6  Department to determine the number of gallons of sustainable
7  aviation fuel sold.
8  The Department may require returns to be filed on a
9  quarterly basis. If so required, a return for each calendar
10  quarter shall be filed on or before the twentieth day of the
11  calendar month following the end of such calendar quarter. The
12  taxpayer shall also file a return with the Department for each
13  of the first 2 months of each calendar quarter, on or before
14  the twentieth day of the following calendar month, stating:
15  1. The name of the seller;
16  2. The address of the principal place of business from
17  which he engages in the business of selling tangible
18  personal property at retail in this State;
19  3. The total amount of taxable receipts received by
20  him during the preceding calendar month from sales of
21  tangible personal property by him during such preceding
22  calendar month, including receipts from charge and time
23  sales, but less all deductions allowed by law;
24  4. The amount of credit provided in Section 2d of this
25  Act;
26  5. The amount of tax due; and

 

 

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  HB2903 - 91 - LRB104 03448 HLH 13471 b
1  6. Such other reasonable information as the Department
2  may require.
3  Every person engaged in the business of selling aviation
4  fuel at retail in this State during the preceding calendar
5  month shall, instead of reporting and paying tax as otherwise
6  required by this Section, report and pay such tax on a separate
7  aviation fuel tax return. The requirements related to the
8  return shall be as otherwise provided in this Section.
9  Notwithstanding any other provisions of this Act to the
10  contrary, retailers selling aviation fuel shall file all
11  aviation fuel tax returns and shall make all aviation fuel tax
12  payments by electronic means in the manner and form required
13  by the Department. For purposes of this Section, "aviation
14  fuel" means jet fuel and aviation gasoline.
15  Beginning on October 1, 2003, any person who is not a
16  licensed distributor, importing distributor, or manufacturer,
17  as defined in the Liquor Control Act of 1934, but is engaged in
18  the business of selling, at retail, alcoholic liquor shall
19  file a statement with the Department of Revenue, in a format
20  and at a time prescribed by the Department, showing the total
21  amount paid for alcoholic liquor purchased during the
22  preceding month and such other information as is reasonably
23  required by the Department. The Department may adopt rules to
24  require that this statement be filed in an electronic or
25  telephonic format. Such rules may provide for exceptions from
26  the filing requirements of this paragraph. For the purposes of

 

 

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1  this paragraph, the term "alcoholic liquor" shall have the
2  meaning prescribed in the Liquor Control Act of 1934.
3  Beginning on October 1, 2003, every distributor, importing
4  distributor, and manufacturer of alcoholic liquor as defined
5  in the Liquor Control Act of 1934, shall file a statement with
6  the Department of Revenue, no later than the 10th day of the
7  month for the preceding month during which transactions
8  occurred, by electronic means, showing the total amount of
9  gross receipts from the sale of alcoholic liquor sold or
10  distributed during the preceding month to purchasers;
11  identifying the purchaser to whom it was sold or distributed;
12  the purchaser's tax registration number; and such other
13  information reasonably required by the Department. A
14  distributor, importing distributor, or manufacturer of
15  alcoholic liquor must personally deliver, mail, or provide by
16  electronic means to each retailer listed on the monthly
17  statement a report containing a cumulative total of that
18  distributor's, importing distributor's, or manufacturer's
19  total sales of alcoholic liquor to that retailer no later than
20  the 10th day of the month for the preceding month during which
21  the transaction occurred. The distributor, importing
22  distributor, or manufacturer shall notify the retailer as to
23  the method by which the distributor, importing distributor, or
24  manufacturer will provide the sales information. If the
25  retailer is unable to receive the sales information by
26  electronic means, the distributor, importing distributor, or

 

 

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1  manufacturer shall furnish the sales information by personal
2  delivery or by mail. For purposes of this paragraph, the term
3  "electronic means" includes, but is not limited to, the use of
4  a secure Internet website, e-mail, or facsimile.
5  If a total amount of less than $1 is payable, refundable or
6  creditable, such amount shall be disregarded if it is less
7  than 50 cents and shall be increased to $1 if it is 50 cents or
8  more.
9  Notwithstanding any other provision of this Act to the
10  contrary, retailers subject to tax on cannabis shall file all
11  cannabis tax returns and shall make all cannabis tax payments
12  by electronic means in the manner and form required by the
13  Department.
14  Beginning October 1, 1993, a taxpayer who has an average
15  monthly tax liability of $150,000 or more shall make all
16  payments required by rules of the Department by electronic
17  funds transfer. Beginning October 1, 1994, a taxpayer who has
18  an average monthly tax liability of $100,000 or more shall
19  make all payments required by rules of the Department by
20  electronic funds transfer. Beginning October 1, 1995, a
21  taxpayer who has an average monthly tax liability of $50,000
22  or more shall make all payments required by rules of the
23  Department by electronic funds transfer. Beginning October 1,
24  2000, a taxpayer who has an annual tax liability of $200,000 or
25  more shall make all payments required by rules of the
26  Department by electronic funds transfer. The term "annual tax

 

 

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1  liability" shall be the sum of the taxpayer's liabilities
2  under this Act, and under all other State and local occupation
3  and use tax laws administered by the Department, for the
4  immediately preceding calendar year. The term "average monthly
5  tax liability" shall be the sum of the taxpayer's liabilities
6  under this Act, and under all other State and local occupation
7  and use tax laws administered by the Department, for the
8  immediately preceding calendar year divided by 12. Beginning
9  on October 1, 2002, a taxpayer who has a tax liability in the
10  amount set forth in subsection (b) of Section 2505-210 of the
11  Department of Revenue Law shall make all payments required by
12  rules of the Department by electronic funds transfer.
13  Before August 1 of each year beginning in 1993, the
14  Department shall notify all taxpayers required to make
15  payments by electronic funds transfer. All taxpayers required
16  to make payments by electronic funds transfer shall make those
17  payments for a minimum of one year beginning on October 1.
18  Any taxpayer not required to make payments by electronic
19  funds transfer may make payments by electronic funds transfer
20  with the permission of the Department.
21  All taxpayers required to make payment by electronic funds
22  transfer and any taxpayers authorized to voluntarily make
23  payments by electronic funds transfer shall make those
24  payments in the manner authorized by the Department.
25  The Department shall adopt such rules as are necessary to
26  effectuate a program of electronic funds transfer and the

 

 

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1  requirements of this Section.
2  Any amount which is required to be shown or reported on any
3  return or other document under this Act shall, if such amount
4  is not a whole-dollar amount, be increased to the nearest
5  whole-dollar amount in any case where the fractional part of a
6  dollar is 50 cents or more, and decreased to the nearest
7  whole-dollar amount where the fractional part of a dollar is
8  less than 50 cents.
9  If the retailer is otherwise required to file a monthly
10  return and if the retailer's average monthly tax liability to
11  the Department does not exceed $200, the Department may
12  authorize his returns to be filed on a quarter annual basis,
13  with the return for January, February, and March of a given
14  year being due by April 20 of such year; with the return for
15  April, May, and June of a given year being due by July 20 of
16  such year; with the return for July, August, and September of a
17  given year being due by October 20 of such year, and with the
18  return for October, November, and December of a given year
19  being due by January 20 of the following year.
20  If the retailer is otherwise required to file a monthly or
21  quarterly return and if the retailer's average monthly tax
22  liability with the Department does not exceed $50, the
23  Department may authorize his returns to be filed on an annual
24  basis, with the return for a given year being due by January 20
25  of the following year.
26  Such quarter annual and annual returns, as to form and

 

 

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1  substance, shall be subject to the same requirements as
2  monthly returns.
3  Notwithstanding any other provision in this Act concerning
4  the time within which a retailer may file his return, in the
5  case of any retailer who ceases to engage in a kind of business
6  which makes him responsible for filing returns under this Act,
7  such retailer shall file a final return under this Act with the
8  Department not more than one month after discontinuing such
9  business.
10  Where the same person has more than one business
11  registered with the Department under separate registrations
12  under this Act, such person may not file each return that is
13  due as a single return covering all such registered
14  businesses, but shall file separate returns for each such
15  registered business.
16  In addition, with respect to motor vehicles, watercraft,
17  aircraft, and trailers that are required to be registered with
18  an agency of this State, except as otherwise provided in this
19  Section, every retailer selling this kind of tangible personal
20  property shall file, with the Department, upon a form to be
21  prescribed and supplied by the Department, a separate return
22  for each such item of tangible personal property which the
23  retailer sells, except that if, in the same transaction, (i) a
24  retailer of aircraft, watercraft, motor vehicles, or trailers
25  transfers more than one aircraft, watercraft, motor vehicle,
26  or trailer to another aircraft, watercraft, motor vehicle

 

 

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1  retailer, or trailer retailer for the purpose of resale or
2  (ii) a retailer of aircraft, watercraft, motor vehicles, or
3  trailers transfers more than one aircraft, watercraft, motor
4  vehicle, or trailer to a purchaser for use as a qualifying
5  rolling stock as provided in Section 2-5 of this Act, then that
6  seller may report the transfer of all aircraft, watercraft,
7  motor vehicles, or trailers involved in that transaction to
8  the Department on the same uniform invoice-transaction
9  reporting return form. For purposes of this Section,
10  "watercraft" means a Class 2, Class 3, or Class 4 watercraft as
11  defined in Section 3-2 of the Boat Registration and Safety
12  Act, a personal watercraft, or any boat equipped with an
13  inboard motor.
14  In addition, with respect to motor vehicles, watercraft,
15  aircraft, and trailers that are required to be registered with
16  an agency of this State, every person who is engaged in the
17  business of leasing or renting such items and who, in
18  connection with such business, sells any such item to a
19  retailer for the purpose of resale is, notwithstanding any
20  other provision of this Section to the contrary, authorized to
21  meet the return-filing requirement of this Act by reporting
22  the transfer of all the aircraft, watercraft, motor vehicles,
23  or trailers transferred for resale during a month to the
24  Department on the same uniform invoice-transaction reporting
25  return form on or before the 20th of the month following the
26  month in which the transfer takes place. Notwithstanding any

 

 

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1  other provision of this Act to the contrary, all returns filed
2  under this paragraph must be filed by electronic means in the
3  manner and form as required by the Department.
4  Any retailer who sells only motor vehicles, watercraft,
5  aircraft, or trailers that are required to be registered with
6  an agency of this State, so that all retailers' occupation tax
7  liability is required to be reported, and is reported, on such
8  transaction reporting returns and who is not otherwise
9  required to file monthly or quarterly returns, need not file
10  monthly or quarterly returns. However, those retailers shall
11  be required to file returns on an annual basis.
12  The transaction reporting return, in the case of motor
13  vehicles or trailers that are required to be registered with
14  an agency of this State, shall be the same document as the
15  Uniform Invoice referred to in Section 5-402 of the Illinois
16  Vehicle Code and must show the name and address of the seller;
17  the name and address of the purchaser; the amount of the
18  selling price including the amount allowed by the retailer for
19  traded-in property, if any; the amount allowed by the retailer
20  for the traded-in tangible personal property, if any, to the
21  extent to which Section 1 of this Act allows an exemption for
22  the value of traded-in property; the balance payable after
23  deducting such trade-in allowance from the total selling
24  price; the amount of tax due from the retailer with respect to
25  such transaction; the amount of tax collected from the
26  purchaser by the retailer on such transaction (or satisfactory

 

 

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1  evidence that such tax is not due in that particular instance,
2  if that is claimed to be the fact); the place and date of the
3  sale; a sufficient identification of the property sold; such
4  other information as is required in Section 5-402 of the
5  Illinois Vehicle Code, and such other information as the
6  Department may reasonably require.
7  The transaction reporting return in the case of watercraft
8  or aircraft must show the name and address of the seller; the
9  name and address of the purchaser; the amount of the selling
10  price including the amount allowed by the retailer for
11  traded-in property, if any; the amount allowed by the retailer
12  for the traded-in tangible personal property, if any, to the
13  extent to which Section 1 of this Act allows an exemption for
14  the value of traded-in property; the balance payable after
15  deducting such trade-in allowance from the total selling
16  price; the amount of tax due from the retailer with respect to
17  such transaction; the amount of tax collected from the
18  purchaser by the retailer on such transaction (or satisfactory
19  evidence that such tax is not due in that particular instance,
20  if that is claimed to be the fact); the place and date of the
21  sale, a sufficient identification of the property sold, and
22  such other information as the Department may reasonably
23  require.
24  Such transaction reporting return shall be filed not later
25  than 20 days after the day of delivery of the item that is
26  being sold, but may be filed by the retailer at any time sooner

 

 

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1  than that if he chooses to do so. The transaction reporting
2  return and tax remittance or proof of exemption from the
3  Illinois use tax may be transmitted to the Department by way of
4  the State agency with which, or State officer with whom the
5  tangible personal property must be titled or registered (if
6  titling or registration is required) if the Department and
7  such agency or State officer determine that this procedure
8  will expedite the processing of applications for title or
9  registration.
10  With each such transaction reporting return, the retailer
11  shall remit the proper amount of tax due (or shall submit
12  satisfactory evidence that the sale is not taxable if that is
13  the case), to the Department or its agents, whereupon the
14  Department shall issue, in the purchaser's name, a use tax
15  receipt (or a certificate of exemption if the Department is
16  satisfied that the particular sale is tax exempt) which such
17  purchaser may submit to the agency with which, or State
18  officer with whom, he must title or register the tangible
19  personal property that is involved (if titling or registration
20  is required) in support of such purchaser's application for an
21  Illinois certificate or other evidence of title or
22  registration to such tangible personal property.
23  No retailer's failure or refusal to remit tax under this
24  Act precludes a user, who has paid the proper tax to the
25  retailer, from obtaining his certificate of title or other
26  evidence of title or registration (if titling or registration

 

 

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1  is required) upon satisfying the Department that such user has
2  paid the proper tax (if tax is due) to the retailer. The
3  Department shall adopt appropriate rules to carry out the
4  mandate of this paragraph.
5  If the user who would otherwise pay tax to the retailer
6  wants the transaction reporting return filed and the payment
7  of the tax or proof of exemption made to the Department before
8  the retailer is willing to take these actions and such user has
9  not paid the tax to the retailer, such user may certify to the
10  fact of such delay by the retailer and may (upon the Department
11  being satisfied of the truth of such certification) transmit
12  the information required by the transaction reporting return
13  and the remittance for tax or proof of exemption directly to
14  the Department and obtain his tax receipt or exemption
15  determination, in which event the transaction reporting return
16  and tax remittance (if a tax payment was required) shall be
17  credited by the Department to the proper retailer's account
18  with the Department, but without the vendor's discount
19  provided for in this Section being allowed. When the user pays
20  the tax directly to the Department, he shall pay the tax in the
21  same amount and in the same form in which it would be remitted
22  if the tax had been remitted to the Department by the retailer.
23  On and after January 1, 2025, with respect to the lease of
24  trailers, other than semitrailers as defined in Section 1-187
25  of the Illinois Vehicle Code, that are required to be
26  registered with an agency of this State and that are subject to

 

 

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1  the tax on lease receipts under this Act, notwithstanding any
2  other provision of this Act to the contrary, for the purpose of
3  reporting and paying tax under this Act on those lease
4  receipts, lessors shall file returns in addition to and
5  separate from the transaction reporting return. Lessors shall
6  file those lease returns and make payment to the Department by
7  electronic means on or before the 20th day of each month
8  following the month, quarter, or year, as applicable, in which
9  lease receipts were received. All lease receipts received by
10  the lessor from the lease of those trailers during the same
11  reporting period shall be reported and tax shall be paid on a
12  single return form to be prescribed by the Department.
13  Refunds made by the seller during the preceding return
14  period to purchasers, on account of tangible personal property
15  returned to the seller, shall be allowed as a deduction under
16  subdivision 5 of his monthly or quarterly return, as the case
17  may be, in case the seller had theretofore included the
18  receipts from the sale of such tangible personal property in a
19  return filed by him and had paid the tax imposed by this Act
20  with respect to such receipts.
21  Where the seller is a corporation, the return filed on
22  behalf of such corporation shall be signed by the president,
23  vice-president, secretary, or treasurer or by the properly
24  accredited agent of such corporation.
25  Where the seller is a limited liability company, the
26  return filed on behalf of the limited liability company shall

 

 

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1  be signed by a manager, member, or properly accredited agent
2  of the limited liability company.
3  Except as provided in this Section, the retailer filing
4  the return under this Section shall, at the time of filing such
5  return, pay to the Department the amount of tax imposed by this
6  Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
7  on and after January 1, 1990, or $5 per calendar year,
8  whichever is greater, which is allowed to reimburse the
9  retailer for the expenses incurred in keeping records,
10  preparing and filing returns, remitting the tax and supplying
11  data to the Department on request. On and after January 1,
12  2021, a certified service provider, as defined in the Leveling
13  the Playing Field for Illinois Retail Act, filing the return
14  under this Section on behalf of a remote retailer shall, at the
15  time of such return, pay to the Department the amount of tax
16  imposed by this Act less a discount of 1.75%. A remote retailer
17  using a certified service provider to file a return on its
18  behalf, as provided in the Leveling the Playing Field for
19  Illinois Retail Act, is not eligible for the discount.
20  Beginning with returns due on or after January 1, 2025, the
21  vendor's discount allowed in this Section, the Service
22  Occupation Tax Act, the Use Tax Act, and the Service Use Tax
23  Act, including any local tax administered by the Department
24  and reported on the same return, shall not exceed $1,000 per
25  month in the aggregate for returns other than transaction
26  returns filed during the month. When determining the discount

 

 

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1  allowed under this Section, retailers shall include the amount
2  of tax that would have been due at the 1% rate but for the 0%
3  rate imposed under Public Act 102-700. When determining the
4  discount allowed under this Section, retailers shall include
5  the amount of tax that would have been due at the 6.25% rate
6  but for the 1.25% rate imposed on sales tax holiday items under
7  Public Act 102-700. The discount under this Section is not
8  allowed for the 1.25% portion of taxes paid on aviation fuel
9  that is subject to the revenue use requirements of 49 U.S.C.
10  47107(b) and 49 U.S.C. 47133. Any prepayment made pursuant to
11  Section 2d of this Act shall be included in the amount on which
12  such discount is computed. In the case of retailers who report
13  and pay the tax on a transaction by transaction basis, as
14  provided in this Section, such discount shall be taken with
15  each such tax remittance instead of when such retailer files
16  his periodic return, but, beginning with returns due on or
17  after January 1, 2025, the vendor's discount allowed under
18  this Section and the Use Tax Act, including any local tax
19  administered by the Department and reported on the same
20  transaction return, shall not exceed $1,000 per month for all
21  transaction returns filed during the month. The discount
22  allowed under this Section is allowed only for returns that
23  are filed in the manner required by this Act. The Department
24  may disallow the discount for retailers whose certificate of
25  registration is revoked at the time the return is filed, but
26  only if the Department's decision to revoke the certificate of

 

 

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1  registration has become final.
2  Before October 1, 2000, if the taxpayer's average monthly
3  tax liability to the Department under this Act, the Use Tax
4  Act, the Service Occupation Tax Act, and the Service Use Tax
5  Act, excluding any liability for prepaid sales tax to be
6  remitted in accordance with Section 2d of this Act, was
7  $10,000 or more during the preceding 4 complete calendar
8  quarters, he shall file a return with the Department each
9  month by the 20th day of the month next following the month
10  during which such tax liability is incurred and shall make
11  payments to the Department on or before the 7th, 15th, 22nd and
12  last day of the month during which such liability is incurred.
13  On and after October 1, 2000, if the taxpayer's average
14  monthly tax liability to the Department under this Act, the
15  Use Tax Act, the Service Occupation Tax Act, and the Service
16  Use Tax Act, excluding any liability for prepaid sales tax to
17  be remitted in accordance with Section 2d of this Act, was
18  $20,000 or more during the preceding 4 complete calendar
19  quarters, he shall file a return with the Department each
20  month by the 20th day of the month next following the month
21  during which such tax liability is incurred and shall make
22  payment to the Department on or before the 7th, 15th, 22nd and
23  last day of the month during which such liability is incurred.
24  If the month during which such tax liability is incurred began
25  prior to January 1, 1985, each payment shall be in an amount
26  equal to 1/4 of the taxpayer's actual liability for the month

 

 

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1  or an amount set by the Department not to exceed 1/4 of the
2  average monthly liability of the taxpayer to the Department
3  for the preceding 4 complete calendar quarters (excluding the
4  month of highest liability and the month of lowest liability
5  in such 4 quarter period). If the month during which such tax
6  liability is incurred begins on or after January 1, 1985 and
7  prior to January 1, 1987, each payment shall be in an amount
8  equal to 22.5% of the taxpayer's actual liability for the
9  month or 27.5% of the taxpayer's liability for the same
10  calendar month of the preceding year. If the month during
11  which such tax liability is incurred begins on or after
12  January 1, 1987 and prior to January 1, 1988, each payment
13  shall be in an amount equal to 22.5% of the taxpayer's actual
14  liability for the month or 26.25% of the taxpayer's liability
15  for the same calendar month of the preceding year. If the month
16  during which such tax liability is incurred begins on or after
17  January 1, 1988, and prior to January 1, 1989, or begins on or
18  after January 1, 1996, each payment shall be in an amount equal
19  to 22.5% of the taxpayer's actual liability for the month or
20  25% of the taxpayer's liability for the same calendar month of
21  the preceding year. If the month during which such tax
22  liability is incurred begins on or after January 1, 1989, and
23  prior to January 1, 1996, each payment shall be in an amount
24  equal to 22.5% of the taxpayer's actual liability for the
25  month or 25% of the taxpayer's liability for the same calendar
26  month of the preceding year or 100% of the taxpayer's actual

 

 

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1  liability for the quarter monthly reporting period. The amount
2  of such quarter monthly payments shall be credited against the
3  final tax liability of the taxpayer's return for that month.
4  Before October 1, 2000, once applicable, the requirement of
5  the making of quarter monthly payments to the Department by
6  taxpayers having an average monthly tax liability of $10,000
7  or more as determined in the manner provided above shall
8  continue until such taxpayer's average monthly liability to
9  the Department during the preceding 4 complete calendar
10  quarters (excluding the month of highest liability and the
11  month of lowest liability) is less than $9,000, or until such
12  taxpayer's average monthly liability to the Department as
13  computed for each calendar quarter of the 4 preceding complete
14  calendar quarter period is less than $10,000. However, if a
15  taxpayer can show the Department that a substantial change in
16  the taxpayer's business has occurred which causes the taxpayer
17  to anticipate that his average monthly tax liability for the
18  reasonably foreseeable future will fall below the $10,000
19  threshold stated above, then such taxpayer may petition the
20  Department for a change in such taxpayer's reporting status.
21  On and after October 1, 2000, once applicable, the requirement
22  of the making of quarter monthly payments to the Department by
23  taxpayers having an average monthly tax liability of $20,000
24  or more as determined in the manner provided above shall
25  continue until such taxpayer's average monthly liability to
26  the Department during the preceding 4 complete calendar

 

 

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1  quarters (excluding the month of highest liability and the
2  month of lowest liability) is less than $19,000 or until such
3  taxpayer's average monthly liability to the Department as
4  computed for each calendar quarter of the 4 preceding complete
5  calendar quarter period is less than $20,000. However, if a
6  taxpayer can show the Department that a substantial change in
7  the taxpayer's business has occurred which causes the taxpayer
8  to anticipate that his average monthly tax liability for the
9  reasonably foreseeable future will fall below the $20,000
10  threshold stated above, then such taxpayer may petition the
11  Department for a change in such taxpayer's reporting status.
12  The Department shall change such taxpayer's reporting status
13  unless it finds that such change is seasonal in nature and not
14  likely to be long term. Quarter monthly payment status shall
15  be determined under this paragraph as if the rate reduction to
16  0% in Public Act 102-700 on food for human consumption that is
17  to be consumed off the premises where it is sold (other than
18  alcoholic beverages, food consisting of or infused with adult
19  use cannabis, soft drinks, and food that has been prepared for
20  immediate consumption) had not occurred. For quarter monthly
21  payments due under this paragraph on or after July 1, 2023 and
22  through June 30, 2024, "25% of the taxpayer's liability for
23  the same calendar month of the preceding year" shall be
24  determined as if the rate reduction to 0% in Public Act 102-700
25  had not occurred. Quarter monthly payment status shall be
26  determined under this paragraph as if the rate reduction to

 

 

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  HB2903 - 109 - LRB104 03448 HLH 13471 b
1  1.25% in Public Act 102-700 on sales tax holiday items had not
2  occurred. For quarter monthly payments due on or after July 1,
3  2023 and through June 30, 2024, "25% of the taxpayer's
4  liability for the same calendar month of the preceding year"
5  shall be determined as if the rate reduction to 1.25% in Public
6  Act 102-700 on sales tax holiday items had not occurred. If any
7  such quarter monthly payment is not paid at the time or in the
8  amount required by this Section, then the taxpayer shall be
9  liable for penalties and interest on the difference between
10  the minimum amount due as a payment and the amount of such
11  quarter monthly payment actually and timely paid, except
12  insofar as the taxpayer has previously made payments for that
13  month to the Department in excess of the minimum payments
14  previously due as provided in this Section. The Department
15  shall make reasonable rules and regulations to govern the
16  quarter monthly payment amount and quarter monthly payment
17  dates for taxpayers who file on other than a calendar monthly
18  basis.
19  The provisions of this paragraph apply before October 1,
20  2001. 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 in
24  excess of $25,000 per month during the preceding 2 complete
25  calendar quarters, shall file a return with the Department as
26  required by Section 2f and shall make payments to the

 

 

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  HB2903 - 110 - LRB104 03448 HLH 13471 b
1  Department on or before the 7th, 15th, 22nd and last day of the
2  month during which such liability is incurred. If the month
3  during which such tax liability is incurred began prior to
4  September 1, 1985 (the effective date of Public Act 84-221),
5  each payment shall be in an amount not less than 22.5% of the
6  taxpayer's actual liability under Section 2d. If the month
7  during which such tax liability is incurred begins on or after
8  January 1, 1986, each payment shall be in an amount equal to
9  22.5% of the taxpayer's actual liability for the month or
10  27.5% of the taxpayer's liability for the same calendar month
11  of the preceding calendar year. If the month during which such
12  tax liability is incurred begins on or after January 1, 1987,
13  each payment shall be in an amount equal to 22.5% of the
14  taxpayer's actual liability for the month or 26.25% of the
15  taxpayer's liability for the same calendar month of the
16  preceding year. The amount of such quarter monthly payments
17  shall be credited against the final tax liability of the
18  taxpayer's return for that month filed under this Section or
19  Section 2f, as the case may be. Once applicable, the
20  requirement of the making of quarter monthly payments to the
21  Department pursuant to this paragraph shall continue until
22  such taxpayer's average monthly prepaid tax collections during
23  the preceding 2 complete calendar quarters is $25,000 or less.
24  If any such quarter monthly payment is not paid at the time or
25  in the amount required, the taxpayer shall be liable for
26  penalties and interest on such difference, except insofar as

 

 

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  HB2903 - 111 - LRB104 03448 HLH 13471 b
1  the taxpayer has previously made payments for that month in
2  excess of the minimum payments previously due.
3  The provisions of this paragraph apply on and after
4  October 1, 2001. Without regard to whether a taxpayer is
5  required to make quarter monthly payments as specified above,
6  any taxpayer who is required by Section 2d of this Act to
7  collect and remit prepaid taxes and has collected prepaid
8  taxes that average in excess of $20,000 per month during the
9  preceding 4 complete calendar quarters shall file a return
10  with the Department as required by Section 2f and shall make
11  payments to the Department on or before the 7th, 15th, 22nd,
12  and last day of the month during which the liability is
13  incurred. Each payment shall be in an amount equal to 22.5% of
14  the taxpayer's actual liability for the month or 25% of the
15  taxpayer's liability for the same calendar month of the
16  preceding year. The amount of the quarter monthly payments
17  shall be credited against the final tax liability of the
18  taxpayer's return for that month filed under this Section or
19  Section 2f, as the case may be. Once applicable, the
20  requirement of the making of quarter monthly payments to the
21  Department pursuant to this paragraph shall continue until the
22  taxpayer's average monthly prepaid tax collections during the
23  preceding 4 complete calendar quarters (excluding the month of
24  highest liability and the month of lowest liability) is less
25  than $19,000 or until such taxpayer's average monthly
26  liability to the Department as computed for each calendar

 

 

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  HB2903 - 112 - LRB104 03448 HLH 13471 b
1  quarter of the 4 preceding complete calendar quarters is less
2  than $20,000. If any such quarter monthly payment is not paid
3  at the time or in the amount required, the taxpayer shall be
4  liable for penalties and interest on such difference, except
5  insofar as the taxpayer has previously made payments for that
6  month in excess of the minimum payments previously due.
7  If any payment provided for in this Section exceeds the
8  taxpayer's liabilities under this Act, the Use Tax Act, the
9  Service Occupation Tax Act, and the Service Use Tax Act, as
10  shown on an original monthly return, the Department shall, if
11  requested by the taxpayer, issue to the taxpayer a credit
12  memorandum no later than 30 days after the date of payment. The
13  credit evidenced by such credit memorandum may be assigned by
14  the taxpayer to a similar taxpayer under this Act, the Use Tax
15  Act, the Service Occupation Tax Act, or the Service Use Tax
16  Act, in accordance with reasonable rules and regulations to be
17  prescribed by the Department. If no such request is made, the
18  taxpayer may credit such excess payment against tax liability
19  subsequently to be remitted to the Department under this Act,
20  the Use Tax Act, the Service Occupation Tax Act, or the Service
21  Use Tax Act, in accordance with reasonable rules and
22  regulations prescribed by the Department. If the Department
23  subsequently determined that all or any part of the credit
24  taken was not actually due to the taxpayer, the taxpayer's
25  vendor's discount shall be reduced, if necessary, to reflect
26  the difference between the credit taken and that actually due,

 

 

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  HB2903 - 113 - LRB104 03448 HLH 13471 b
1  and that taxpayer shall be liable for penalties and interest
2  on such difference.
3  If a retailer of motor fuel is entitled to a credit under
4  Section 2d of this Act which exceeds the taxpayer's liability
5  to the Department under this Act for the month for which the
6  taxpayer is filing a return, the Department shall issue the
7  taxpayer a credit memorandum for the excess.
8  Beginning January 1, 1990, each month the Department shall
9  pay into the Local Government Tax Fund, a special fund in the
10  State treasury which is hereby created, the net revenue
11  realized for the preceding month from the 1% tax imposed under
12  this Act.
13  Beginning January 1, 1990, each month the Department shall
14  pay into the County and Mass Transit District Fund, a special
15  fund in the State treasury which is hereby created, 4% of the
16  net revenue realized for the preceding month from the 6.25%
17  general rate other than aviation fuel sold on or after
18  December 1, 2019. This exception for aviation fuel only
19  applies for so long as the revenue use requirements of 49
20  U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
21  Beginning August 1, 2000, each month the Department shall
22  pay into the County and Mass Transit District Fund 20% of the
23  net revenue realized for the preceding month from the 1.25%
24  rate on the selling price of motor fuel and gasohol. If, in any
25  month, the tax on sales tax holiday items, as defined in
26  Section 2-8, is imposed at the rate of 1.25%, then the

 

 

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  HB2903 - 114 - LRB104 03448 HLH 13471 b
1  Department shall pay 20% of the net revenue realized for that
2  month from the 1.25% rate on the selling price of sales tax
3  holiday items into the County and Mass Transit District Fund.
4  Beginning January 1, 1990, each month the Department shall
5  pay into the Local Government Tax Fund 16% of the net revenue
6  realized for the preceding month from the 6.25% general rate
7  on the selling price of tangible personal property other than
8  aviation fuel sold on or after December 1, 2019. This
9  exception for aviation fuel only applies for so long as the
10  revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
11  47133 are binding on the State.
12  For aviation fuel sold on or after December 1, 2019, each
13  month the Department shall pay into the State Aviation Program
14  Fund 20% of the net revenue realized for the preceding month
15  from the 6.25% general rate on the selling price of aviation
16  fuel, less an amount estimated by the Department to be
17  required for refunds of the 20% portion of the tax on aviation
18  fuel under this Act, which amount shall be deposited into the
19  Aviation Fuel Sales Tax Refund Fund. The Department shall only
20  pay moneys into the State Aviation Program Fund and the
21  Aviation Fuel Sales Tax Refund Fund under this Act for so long
22  as the revenue use requirements of 49 U.S.C. 47107(b) and 49
23  U.S.C. 47133 are binding on the State.
24  Beginning August 1, 2000, each month the Department shall
25  pay into the Local Government Tax Fund 80% of the net revenue
26  realized for the preceding month from the 1.25% rate on the

 

 

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  HB2903 - 115 - LRB104 03448 HLH 13471 b
1  selling price of motor fuel and gasohol. If, in any month, the
2  tax on sales tax holiday items, as defined in Section 2-8, is
3  imposed at the rate of 1.25%, then the Department shall pay 80%
4  of the net revenue realized for that month from the 1.25% rate
5  on the selling price of sales tax holiday items into the Local
6  Government Tax Fund.
7  Beginning October 1, 2009, each month the Department shall
8  pay into the Capital Projects Fund an amount that is equal to
9  an amount estimated by the Department to represent 80% of the
10  net revenue realized for the preceding month from the sale of
11  candy, grooming and hygiene products, and soft drinks that had
12  been taxed at a rate of 1% prior to September 1, 2009 but that
13  are now taxed at 6.25%.
14  Beginning July 1, 2011, each month the Department shall
15  pay into the Clean Air Act Permit Fund 80% of the net revenue
16  realized for the preceding month from the 6.25% general rate
17  on the selling price of sorbents used in Illinois in the
18  process of sorbent injection as used to comply with the
19  Environmental Protection Act or the federal Clean Air Act, but
20  the total payment into the Clean Air Act Permit Fund under this
21  Act and the Use Tax Act shall not exceed $2,000,000 in any
22  fiscal year.
23  Beginning July 1, 2013, each month the Department shall
24  pay into the Underground Storage Tank Fund from the proceeds
25  collected under this Act, the Use Tax Act, the Service Use Tax
26  Act, and the Service Occupation Tax Act an amount equal to the

 

 

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  HB2903 - 116 - LRB104 03448 HLH 13471 b
1  average monthly deficit in the Underground Storage Tank Fund
2  during the prior year, as certified annually by the Illinois
3  Environmental Protection Agency, but the total payment into
4  the Underground Storage Tank Fund under this Act, the Use Tax
5  Act, the Service Use Tax Act, and the Service Occupation Tax
6  Act shall not exceed $18,000,000 in any State fiscal year. As
7  used in this paragraph, the "average monthly deficit" shall be
8  equal to the difference between the average monthly claims for
9  payment by the fund and the average monthly revenues deposited
10  into the fund, excluding payments made pursuant to this
11  paragraph.
12  Beginning July 1, 2015, of the remainder of the moneys
13  received by the Department under the Use Tax Act, the Service
14  Use Tax Act, the Service Occupation Tax Act, and this Act, each
15  month the Department shall deposit $500,000 into the State
16  Crime Laboratory Fund.
17  Of the remainder of the moneys received by the Department
18  pursuant to this Act, (a) 1.75% thereof shall be paid into the
19  Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
20  and after July 1, 1989, 3.8% thereof shall be paid into the
21  Build Illinois Fund; provided, however, that if in any fiscal
22  year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
23  may be, of the moneys received by the Department and required
24  to be paid into the Build Illinois Fund pursuant to this Act,
25  Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
26  Act, and Section 9 of the Service Occupation Tax Act, such Acts

 

 

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  HB2903 - 117 - LRB104 03448 HLH 13471 b
1  being 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 to
4  the Build Illinois Fund from the State and Local Sales Tax
5  Reform Fund shall be less than the Annual Specified Amount (as
6  hereinafter defined), an amount equal to the difference shall
7  be immediately paid into the Build Illinois Fund from other
8  moneys received by the Department pursuant to the Tax Acts;
9  the "Annual Specified Amount" means the amounts specified
10  below for fiscal years 1986 through 1993:
11Fiscal YearAnnual Specified Amount121986$54,800,000131987$76,650,000141988$80,480,000151989$88,510,000161990$115,330,000171991$145,470,000181992$182,730,000191993$206,520,000; 11  Fiscal Year Annual Specified Amount 12  1986 $54,800,000 13  1987 $76,650,000 14  1988 $80,480,000 15  1989 $88,510,000 16  1990 $115,330,000 17  1991 $145,470,000 18  1992 $182,730,000 19  1993 $206,520,000;
11  Fiscal Year Annual Specified Amount
12  1986 $54,800,000
13  1987 $76,650,000
14  1988 $80,480,000
15  1989 $88,510,000
16  1990 $115,330,000
17  1991 $145,470,000
18  1992 $182,730,000
19  1993 $206,520,000;
20  and means the Certified Annual Debt Service Requirement (as
21  defined in Section 13 of the Build Illinois Bond Act) or the
22  Tax Act Amount, whichever is greater, for fiscal year 1994 and
23  each fiscal year thereafter; and further provided, that if on
24  the last business day of any month the sum of (1) the Tax Act
25  Amount required to be deposited into the Build Illinois Bond
26  Account in the Build Illinois Fund during such month and (2)

 

 

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11  Fiscal Year Annual Specified Amount
12  1986 $54,800,000
13  1987 $76,650,000
14  1988 $80,480,000
15  1989 $88,510,000
16  1990 $115,330,000
17  1991 $145,470,000
18  1992 $182,730,000
19  1993 $206,520,000;


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  HB2903 - 118 - LRB104 03448 HLH 13471 b
1  the amount transferred to the Build Illinois Fund from the
2  State and Local Sales Tax Reform Fund shall have been less than
3  1/12 of the Annual Specified Amount, an amount equal to the
4  difference shall be immediately paid into the Build Illinois
5  Fund from other moneys received by the Department pursuant to
6  the Tax Acts; and, further provided, that in no event shall the
7  payments required under the preceding proviso result in
8  aggregate payments into the Build Illinois Fund pursuant to
9  this clause (b) for any fiscal year in excess of the greater of
10  (i) the Tax Act Amount or (ii) the Annual Specified Amount for
11  such fiscal year. The amounts payable into the Build Illinois
12  Fund under clause (b) of the first sentence in this paragraph
13  shall be payable only until such time as the aggregate amount
14  on deposit under each trust indenture securing Bonds issued
15  and outstanding pursuant to the Build Illinois Bond Act is
16  sufficient, taking into account any future investment income,
17  to fully provide, in accordance with such indenture, for the
18  defeasance of or the payment of the principal of, premium, if
19  any, and interest on the Bonds secured by such indenture and on
20  any Bonds expected to be issued thereafter and all fees and
21  costs payable with respect thereto, all as certified by the
22  Director of the Bureau of the Budget (now Governor's Office of
23  Management and Budget). If on the last business day of any
24  month in which Bonds are outstanding pursuant to the Build
25  Illinois Bond Act, the aggregate of moneys deposited in the
26  Build Illinois Bond Account in the Build Illinois Fund in such

 

 

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  HB2903 - 119 - LRB104 03448 HLH 13471 b
1  month shall be less than the amount required to be transferred
2  in such month from the Build Illinois Bond Account to the Build
3  Illinois Bond Retirement and Interest Fund pursuant to Section
4  13 of the Build Illinois Bond Act, an amount equal to such
5  deficiency shall be immediately paid from other moneys
6  received by the Department pursuant to the Tax Acts to the
7  Build Illinois Fund; provided, however, that any amounts paid
8  to the Build Illinois Fund in any fiscal year pursuant to this
9  sentence shall be deemed to constitute payments pursuant to
10  clause (b) of the first sentence of this paragraph and shall
11  reduce the amount otherwise payable for such fiscal year
12  pursuant to that clause (b). The moneys received by the
13  Department pursuant to this Act and required to be deposited
14  into the Build Illinois Fund are subject to the pledge, claim
15  and charge set forth in Section 12 of the Build Illinois Bond
16  Act.
17  Subject to payment of amounts into the Build Illinois Fund
18  as provided in the preceding paragraph or in any amendment
19  thereto hereafter enacted, the following specified monthly
20  installment of the amount requested in the certificate of the
21  Chairman of the Metropolitan Pier and Exposition Authority
22  provided under Section 8.25f of the State Finance Act, but not
23  in excess of sums designated as "Total Deposit", shall be
24  deposited in the aggregate from collections under Section 9 of
25  the Use Tax Act, Section 9 of the Service Use Tax Act, Section
26  9 of the Service Occupation Tax Act, and Section 3 of the

 

 

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  HB2903 - 120 - LRB104 03448 HLH 13471 b
1  Retailers' Occupation Tax Act into the McCormick Place
2  Expansion Project Fund in the specified fiscal years.
3Fiscal YearTotal Deposit41993         $051994 53,000,00061995 58,000,00071996 61,000,00081997 64,000,00091998 68,000,000101999 71,000,000112000 75,000,000122001 80,000,000132002 93,000,000142003 99,000,000152004103,000,000162005108,000,000172006113,000,000182007119,000,000192008126,000,000202009132,000,000212010139,000,000222011146,000,000232012153,000,000242013161,000,000252014170,000,000262015179,000,000 3  Fiscal Year  Total Deposit 4  1993  $0 5  1994  53,000,000 6  1995  58,000,000 7  1996  61,000,000 8  1997  64,000,000 9  1998  68,000,000 10  1999  71,000,000 11  2000  75,000,000 12  2001  80,000,000 13  2002  93,000,000 14  2003  99,000,000 15  2004  103,000,000 16  2005  108,000,000 17  2006  113,000,000 18  2007  119,000,000 19  2008  126,000,000 20  2009  132,000,000 21  2010  139,000,000 22  2011  146,000,000 23  2012  153,000,000 24  2013  161,000,000 25  2014  170,000,000 26  2015  179,000,000
3  Fiscal Year  Total Deposit
4  1993  $0
5  1994  53,000,000
6  1995  58,000,000
7  1996  61,000,000
8  1997  64,000,000
9  1998  68,000,000
10  1999  71,000,000
11  2000  75,000,000
12  2001  80,000,000
13  2002  93,000,000
14  2003  99,000,000
15  2004  103,000,000
16  2005  108,000,000
17  2006  113,000,000
18  2007  119,000,000
19  2008  126,000,000
20  2009  132,000,000
21  2010  139,000,000
22  2011  146,000,000
23  2012  153,000,000
24  2013  161,000,000
25  2014  170,000,000
26  2015  179,000,000

 

 

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3  Fiscal Year  Total Deposit
4  1993  $0
5  1994  53,000,000
6  1995  58,000,000
7  1996  61,000,000
8  1997  64,000,000
9  1998  68,000,000
10  1999  71,000,000
11  2000  75,000,000
12  2001  80,000,000
13  2002  93,000,000
14  2003  99,000,000
15  2004  103,000,000
16  2005  108,000,000
17  2006  113,000,000
18  2007  119,000,000
19  2008  126,000,000
20  2009  132,000,000
21  2010  139,000,000
22  2011  146,000,000
23  2012  153,000,000
24  2013  161,000,000
25  2014  170,000,000
26  2015  179,000,000


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  HB2903 - 121 - LRB104 03448 HLH 13471 b
12016189,000,00022017199,000,00032018210,000,00042019221,000,00052020233,000,00062021300,000,00072022300,000,00082023300,000,00092024 300,000,000102025 300,000,000112026 300,000,000122027 375,000,000132028 375,000,000142029 375,000,000152030 375,000,000162031 375,000,000172032 375,000,000182033375,000,000192034375,000,000202035375,000,000212036450,000,00022and  23each fiscal year 24thereafter that bonds 25are outstanding under 26Section 13.2 of the 1  2016  189,000,000 2  2017  199,000,000 3  2018  210,000,000 4  2019  221,000,000 5  2020  233,000,000 6  2021  300,000,000 7  2022  300,000,000 8  2023  300,000,000 9  2024  300,000,000 10  2025  300,000,000 11  2026  300,000,000 12  2027  375,000,000 13  2028  375,000,000 14  2029  375,000,000 15  2030  375,000,000 16  2031  375,000,000 17  2032  375,000,000 18  2033  375,000,000 19  2034  375,000,000 20  2035  375,000,000 21  2036  450,000,000 22  and   23  each fiscal year   24  thereafter that bonds   25  are outstanding under   26  Section 13.2 of the
1  2016  189,000,000
2  2017  199,000,000
3  2018  210,000,000
4  2019  221,000,000
5  2020  233,000,000
6  2021  300,000,000
7  2022  300,000,000
8  2023  300,000,000
9  2024  300,000,000
10  2025  300,000,000
11  2026  300,000,000
12  2027  375,000,000
13  2028  375,000,000
14  2029  375,000,000
15  2030  375,000,000
16  2031  375,000,000
17  2032  375,000,000
18  2033  375,000,000
19  2034  375,000,000
20  2035  375,000,000
21  2036  450,000,000
22  and
23  each fiscal year
24  thereafter that bonds
25  are outstanding under
26  Section 13.2 of the

 

 

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1  2016  189,000,000
2  2017  199,000,000
3  2018  210,000,000
4  2019  221,000,000
5  2020  233,000,000
6  2021  300,000,000
7  2022  300,000,000
8  2023  300,000,000
9  2024  300,000,000
10  2025  300,000,000
11  2026  300,000,000
12  2027  375,000,000
13  2028  375,000,000
14  2029  375,000,000
15  2030  375,000,000
16  2031  375,000,000
17  2032  375,000,000
18  2033  375,000,000
19  2034  375,000,000
20  2035  375,000,000
21  2036  450,000,000
22  and
23  each fiscal year
24  thereafter that bonds
25  are outstanding under
26  Section 13.2 of the


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  HB2903 - 122 - LRB104 03448 HLH 13471 b
1Metropolitan Pier and 2Exposition Authority Act, 3but not after fiscal year 2060. 1  Metropolitan Pier and   2  Exposition Authority Act,   3  but not after fiscal year 2060.
1  Metropolitan Pier and
2  Exposition Authority Act,
3  but not after fiscal year 2060.
4  Beginning July 20, 1993 and in each month of each fiscal
5  year thereafter, one-eighth of the amount requested in the
6  certificate of the Chairman of the Metropolitan Pier and
7  Exposition Authority for that fiscal year, less the amount
8  deposited into the McCormick Place Expansion Project Fund by
9  the State Treasurer in the respective month under subsection
10  (g) of Section 13 of the Metropolitan Pier and Exposition
11  Authority Act, plus cumulative deficiencies in the deposits
12  required under this Section for previous months and years,
13  shall be deposited into the McCormick Place Expansion Project
14  Fund, until the full amount requested for the fiscal year, but
15  not in excess of the amount specified above as "Total
16  Deposit", has been deposited.
17  Subject to payment of amounts into the Capital Projects
18  Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
19  and the McCormick Place Expansion Project Fund pursuant to the
20  preceding paragraphs or in any amendments thereto hereafter
21  enacted, for aviation fuel sold on or after December 1, 2019,
22  the Department shall each month deposit into the Aviation Fuel
23  Sales Tax Refund Fund an amount estimated by the Department to
24  be required for refunds of the 80% portion of the tax on
25  aviation fuel under this Act. The Department shall only
26  deposit moneys into the Aviation Fuel Sales Tax Refund Fund

 

 

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1  Metropolitan Pier and
2  Exposition Authority Act,
3  but not after fiscal year 2060.


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1  under this paragraph for so long as the revenue use
2  requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
3  binding on the State.
4  Subject to payment of amounts into the Build Illinois Fund
5  and the McCormick Place Expansion Project Fund pursuant to the
6  preceding paragraphs or in any amendments thereto hereafter
7  enacted, beginning July 1, 1993 and ending on September 30,
8  2013, the Department shall each month pay into the Illinois
9  Tax Increment Fund 0.27% of 80% of the net revenue realized for
10  the preceding month from the 6.25% general rate on the selling
11  price of tangible personal property.
12  Subject to payment of amounts into the Build Illinois
13  Fund, the McCormick Place Expansion Project Fund, and the
14  Illinois Tax Increment Fund pursuant to the preceding
15  paragraphs or in any amendments to this Section hereafter
16  enacted, beginning on the first day of the first calendar
17  month to occur on or after August 26, 2014 (the effective date
18  of Public Act 98-1098), each month, from the collections made
19  under Section 9 of the Use Tax Act, Section 9 of the Service
20  Use Tax Act, Section 9 of the Service Occupation Tax Act, and
21  Section 3 of the Retailers' Occupation Tax Act, the Department
22  shall pay into the Tax Compliance and Administration Fund, to
23  be used, subject to appropriation, to fund additional auditors
24  and compliance personnel at the Department of Revenue, an
25  amount equal to 1/12 of 5% of 80% of the cash receipts
26  collected during the preceding fiscal year by the Audit Bureau

 

 

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1  of the Department under the Use Tax Act, the Service Use Tax
2  Act, the Service Occupation Tax Act, the Retailers' Occupation
3  Tax Act, and associated local occupation and use taxes
4  administered by the Department.
5  Subject to payments of amounts into the Build Illinois
6  Fund, the McCormick Place Expansion Project Fund, the Illinois
7  Tax Increment Fund, the Energy Infrastructure Fund, and the
8  Tax Compliance and Administration Fund as provided in this
9  Section, beginning on July 1, 2018 the Department shall pay
10  each month into the Downstate Public Transportation Fund the
11  moneys required to be so paid under Section 2-3 of the
12  Downstate Public Transportation Act.
13  Subject to successful execution and delivery of a
14  public-private agreement between the public agency and private
15  entity and completion of the civic build, beginning on July 1,
16  2023, of the remainder of the moneys received by the
17  Department under the Use Tax Act, the Service Use Tax Act, the
18  Service Occupation Tax Act, and this Act, the Department shall
19  deposit the following specified deposits in the aggregate from
20  collections under the Use Tax Act, the Service Use Tax Act, the
21  Service Occupation Tax Act, and the Retailers' Occupation Tax
22  Act, as required under Section 8.25g of the State Finance Act
23  for distribution consistent with the Public-Private
24  Partnership for Civic and Transit Infrastructure Project Act.
25  The moneys received by the Department pursuant to this Act and
26  required to be deposited into the Civic and Transit

 

 

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1  Infrastructure Fund are subject to the pledge, claim and
2  charge set forth in Section 25-55 of the Public-Private
3  Partnership for Civic and Transit Infrastructure Project Act.
4  As used in this paragraph, "civic build", "private entity",
5  "public-private agreement", and "public agency" have the
6  meanings provided in Section 25-10 of the Public-Private
7  Partnership for Civic and Transit Infrastructure Project Act.
8  Fiscal Year.............................Total Deposit
9  2024.....................................$200,000,000
10  2025....................................$206,000,000
11  2026....................................$212,200,000
12  2027....................................$218,500,000
13  2028....................................$225,100,000
14  2029....................................$288,700,000
15  2030....................................$298,900,000
16  2031....................................$309,300,000
17  2032....................................$320,100,000
18  2033....................................$331,200,000
19  2034....................................$341,200,000
20  2035....................................$351,400,000
21  2036....................................$361,900,000
22  2037....................................$372,800,000
23  2038....................................$384,000,000
24  2039....................................$395,500,000
25  2040....................................$407,400,000
26  2041....................................$419,600,000

 

 

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1  2042....................................$432,200,000
2  2043....................................$445,100,000
3  Beginning July 1, 2021 and until July 1, 2022, subject to
4  the payment of amounts into the County and Mass Transit
5  District Fund, the Local Government Tax Fund, the Build
6  Illinois Fund, the McCormick Place Expansion Project Fund, the
7  Illinois Tax Increment Fund, and the Tax Compliance and
8  Administration Fund as provided in this Section, the
9  Department shall pay each month into the Road Fund the amount
10  estimated to represent 16% of the net revenue realized from
11  the taxes imposed on motor fuel and gasohol. Beginning July 1,
12  2022 and until July 1, 2023, subject to the payment of amounts
13  into the County and Mass Transit District Fund, the Local
14  Government Tax Fund, the Build Illinois Fund, the McCormick
15  Place Expansion Project Fund, the Illinois Tax Increment Fund,
16  and the Tax Compliance and Administration Fund as provided in
17  this Section, the Department shall pay each month into the
18  Road Fund the amount estimated to represent 32% of the net
19  revenue realized from the taxes imposed on motor fuel and
20  gasohol. Beginning July 1, 2023 and until July 1, 2024,
21  subject to the payment of amounts into the County and Mass
22  Transit District Fund, the Local Government Tax Fund, the
23  Build Illinois Fund, the McCormick Place Expansion Project
24  Fund, the Illinois Tax Increment Fund, and the Tax Compliance
25  and Administration Fund as provided in this Section, the
26  Department shall pay each month into the Road Fund the amount

 

 

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1  estimated to represent 48% of the net revenue realized from
2  the taxes imposed on motor fuel and gasohol. Beginning July 1,
3  2024 and until July 1, 2025, subject to the payment of amounts
4  into the County and Mass Transit District Fund, the Local
5  Government Tax Fund, the Build Illinois Fund, the McCormick
6  Place Expansion Project Fund, the Illinois Tax Increment Fund,
7  and the Tax Compliance and Administration Fund as provided in
8  this Section, the Department shall pay each month into the
9  Road Fund the amount estimated to represent 64% of the net
10  revenue realized from the taxes imposed on motor fuel and
11  gasohol. Beginning on July 1, 2025, subject to the payment of
12  amounts into the County and Mass Transit District Fund, the
13  Local Government Tax Fund, the Build Illinois Fund, the
14  McCormick Place Expansion Project Fund, the Illinois Tax
15  Increment Fund, and the Tax Compliance and Administration Fund
16  as provided in this Section, the Department shall pay each
17  month into the Road Fund the amount estimated to represent 80%
18  of the net revenue realized from the taxes imposed on motor
19  fuel and gasohol. As used in this paragraph "motor fuel" has
20  the meaning given to that term in Section 1.1 of the Motor Fuel
21  Tax Law, and "gasohol" has the meaning given to that term in
22  Section 3-40 of the Use Tax Act.
23  Until July 1, 2025, of Of the remainder of the moneys
24  received by the Department pursuant to this Act, 75% thereof
25  shall be paid into the State treasury and 25% shall be reserved
26  in a special account and used only for the transfer to the

 

 

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1  Common School Fund as part of the monthly transfer from the
2  General Revenue Fund in accordance with Section 8a of the
3  State Finance Act. Beginning July 1, 2025, of the remainder of
4  the moneys received by the Department pursuant to this Act,
5  75% shall be deposited into the General Revenue Fund and 25%
6  shall be deposited into the Common School Fund.
7  The Department may, upon separate written notice to a
8  taxpayer, require the taxpayer to prepare and file with the
9  Department on a form prescribed by the Department within not
10  less than 60 days after receipt of the notice an annual
11  information return for the tax year specified in the notice.
12  Such annual return to the Department shall include a statement
13  of gross receipts as shown by the retailer's last federal
14  income tax return. If the total receipts of the business as
15  reported in the federal income tax return do not agree with the
16  gross receipts reported to the Department of Revenue for the
17  same period, the retailer shall attach to his annual return a
18  schedule showing a reconciliation of the 2 amounts and the
19  reasons for the difference. The retailer's annual return to
20  the Department shall also disclose the cost of goods sold by
21  the retailer during the year covered by such return, opening
22  and closing inventories of such goods for such year, costs of
23  goods used from stock or taken from stock and given away by the
24  retailer during such year, payroll information of the
25  retailer's business during such year and any additional
26  reasonable information which the Department deems would be

 

 

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1  helpful in determining the accuracy of the monthly, quarterly,
2  or annual returns filed by such retailer as provided for in
3  this Section.
4  If the annual information return required by this Section
5  is not filed when and as required, the taxpayer shall be liable
6  as follows:
7  (i) Until January 1, 1994, the taxpayer shall be
8  liable for a penalty equal to 1/6 of 1% of the tax due from
9  such taxpayer under this Act during the period to be
10  covered by the annual return for each month or fraction of
11  a month until such return is filed as required, the
12  penalty to be assessed and collected in the same manner as
13  any other penalty provided for in this Act.
14  (ii) On and after January 1, 1994, the taxpayer shall
15  be liable for a penalty as described in Section 3-4 of the
16  Uniform Penalty and Interest Act.
17  The chief executive officer, proprietor, owner, or highest
18  ranking manager shall sign the annual return to certify the
19  accuracy of the information contained therein. Any person who
20  willfully signs the annual return containing false or
21  inaccurate information shall be guilty of perjury and punished
22  accordingly. The annual return form prescribed by the
23  Department shall include a warning that the person signing the
24  return may be liable for perjury.
25  The provisions of this Section concerning the filing of an
26  annual information return do not apply to a retailer who is not

 

 

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1  required to file an income tax return with the United States
2  Government.
3  As soon as possible after the first day of each month, upon
4  certification of the Department of Revenue, the Comptroller
5  shall order transferred and the Treasurer shall transfer from
6  the General Revenue Fund to the Motor Fuel Tax Fund an amount
7  equal to 1.7% of 80% of the net revenue realized under this Act
8  for the second preceding month. Beginning April 1, 2000, this
9  transfer is no longer required and shall not be made.
10  Net revenue realized for a month shall be the revenue
11  collected by the State pursuant to this Act, less the amount
12  paid out during that month as refunds to taxpayers for
13  overpayment of liability.
14  For greater simplicity of administration, manufacturers,
15  importers and wholesalers whose products are sold at retail in
16  Illinois by numerous retailers, and who wish to do so, may
17  assume the responsibility for accounting and paying to the
18  Department all tax accruing under this Act with respect to
19  such sales, if the retailers who are affected do not make
20  written objection to the Department to this arrangement.
21  Any person who promotes, organizes, or provides retail
22  selling space for concessionaires or other types of sellers at
23  the Illinois State Fair, DuQuoin State Fair, county fairs,
24  local fairs, art shows, flea markets, and similar exhibitions
25  or events, including any transient merchant as defined by
26  Section 2 of the Transient Merchant Act of 1987, is required to

 

 

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1  file a report with the Department providing the name of the
2  merchant's business, the name of the person or persons engaged
3  in merchant's business, the permanent address and Illinois
4  Retailers Occupation Tax Registration Number of the merchant,
5  the dates and location of the event, and other reasonable
6  information that the Department may require. The report must
7  be filed not later than the 20th day of the month next
8  following the month during which the event with retail sales
9  was held. Any person who fails to file a report required by
10  this Section commits a business offense and is subject to a
11  fine not to exceed $250.
12  Any person engaged in the business of selling tangible
13  personal property at retail as a concessionaire or other type
14  of seller at the Illinois State Fair, county fairs, art shows,
15  flea markets, and similar exhibitions or events, or any
16  transient merchants, as defined by Section 2 of the Transient
17  Merchant Act of 1987, may be required to make a daily report of
18  the amount of such sales to the Department and to make a daily
19  payment of the full amount of tax due. The Department shall
20  impose this requirement when it finds that there is a
21  significant risk of loss of revenue to the State at such an
22  exhibition or event. Such a finding shall be based on evidence
23  that a substantial number of concessionaires or other sellers
24  who are not residents of Illinois will be engaging in the
25  business of selling tangible personal property at retail at
26  the exhibition or event, or other evidence of a significant

 

 

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1  risk of loss of revenue to the State. The Department shall
2  notify concessionaires and other sellers affected by the
3  imposition of this requirement. In the absence of notification
4  by the Department, the concessionaires and other sellers shall
5  file their returns as otherwise required in this Section.
6  (Source: P.A. 102-634, eff. 8-27-21; 102-700, Article 60,
7  Section 60-30, eff. 4-19-22; 102-700, Article 65, Section
8  65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff.
9  1-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363,
10  eff. 7-28-23; 103-592, Article 75, Section 75-20, eff. 1-1-25;
11  103-592, Article 110, Section 110-20, eff. 6-7-24; 103-605,
12  eff. 7-1-24; 103-1055, eff. 12-20-24.)

 

 

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